Key Benefits:
Minister of Economy, Finance and Employment and Secretary of State for Business and Foreign Trade,
Considering the Code of Posts and Electronic Communications, including articles L. 33-1, L. 32, L. 33-2, L. 33-3, L. 43 and R. 20-44-11 (5°);
Vu le Decree No. 2002-775 of 3 May 2002 taken under the 12th of Article L. 32 of the Post and Telecommunications Code and relating to the limit values of public exposure to electromagnetic fields emitted by equipment used in telecommunications networks and by radio installations;
Considering the opinion of the Electronic Communications and Post Regulatory Authority dated 29 June 2006;
Based on the opinion of the Radiocommunication Advisory Commission dated 3 October 2006,
Stop:
Locations, transfers or modifications of radio stations or installations with equivalent isotropic power (ERP), in any direction of elevation less than 5 degrees from the horizontal, is less than 5 watts are not subject to the agreement or notice of the National Frequency Agency provided for in the last paragraph of I of theArticle L. 43 of the Post and Electronic Communications Code.
Sites, transfers or modifications of radio facilities established pursuant to the provisions of thearticle L. 33-3 of the above-mentioned code shall not be subject to the agreement or notice of the National Frequency Agency provided for in the last paragraph of Article L. 43 of the above-mentioned code.
The National Frequency Agency shall be informed, within two months and in a format defined by the National Frequency Agency, of the implantations, transfers, modifications or stopping of radio stations or installations whose equivalent radiated power (ERP) isotropic, in any direction of elevation less than 5 degrees from the horizontal, is between 1 and 5 watts, with the exception of the facilities established under the provisions ofarticle L. 33-3 of the above-mentioned code.
The National Frequency Agency is informed within two months of the implantations, transfer, modifications of the facilities established pursuant to the provisions of thearticle L. 33-3 of the above-mentioned code and whose PIRE, in any direction of elevation less than 5 degrees from the horizontal, is greater than 5 watts and the stopping of the said facilities. The information transmitted to the National Frequency Agency is the location of the radio facility or station, the operator's address, the antenna type and height, the transmitter power and the frequency used.
This Order applies only to stationary radio stations or installations. The radio installations mentioned in the 3rd of thearticle D. 406-7 of the above-mentioned code are excluded from the scope of this order.
The information provided for in sections 3 and 4 shall be transmitted to the National Frequency Agency directly by the operator if the administration or the emotional authority of which the operator agrees. The information transmitted is recorded in the radio station file maintained by the National Frequency Agency. They may be consulted, by remote questioning, by the administrations and the emotional authorities as well as by the operators under conditions defined by the administration or the emotional authority of which it reports.
Operators of radio stations or installations whose commissioning occurred prior to the issuance of this order shall comply with the provisions of this Order within six months of its publication.
The decision of 29 April 1999 on the implementation decisions of certain radio stations is repealed.
The Director General of Companies is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, 17 December 2007.
Minister of Economy,
finance and employment,
Christine Lagarde
Secretary of State
Enterprise
and Foreign Trade,
Hervé Novelli
