Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Considering the Commission's draft decision on the harmonization of frequency bands of 900 MHz and 1,800 MHz for Earth systems capable of providing pan-European electronic communications services in the Community;
Considering the proposal of a directive of the European Parliament and of the Council repealing Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of pan-European digital mobile communications in the Community of 25 July 2007;
In light of ECC decision ECC/DEC/(06)13 of 1 December 2006 denoting bands 880-915, 925-960, 1710-1785 and 1805-1880 MHz for terrestrial systems UMTS/IMT-2000;
Considering the May 2006 ECC report 82 on the electromagnetic compatibility of the UMTS in bands 900 and 1,800 MHz;
Considering ECC's report 96 of March 2007 on electromagnetic compatibility of UMTS 900/1800 with adjacent band systems;
Considering the Code of Posts and Electronic Communications, in particular articles L. 33-1, L. 36-7 (6°) and L. 42-1;
Considering the amended decision of 18 July 2001 authorizing the Société française du radiotéléphone to establish and operate a third-generation radio network open to the public and to provide telephone service to the public;
Vu la Decision No. 2006-0140 of the Authority dated 31 January 2006 authorizing the Société française du radiotéléphone to use frequencies in the 900 MHz and 1,800 MHz bands to establish and operate an open-ended radio network;
In view of the French Radiotelephone Society's letter dated 31 March 2006 requesting the reuse of the 900 MHz band for the 3G;
Considering the public consultation on the introduction of UMTS in mobile frequency bands to 900 and 1,800 MHz in metropolitan France conducted by the Autorité from 4 May to 4 June 2007;
Considering the guidelines adopted and published by the Autorité on 5 July 2007 concerning the introduction of the 3G in the mobile frequency bands to 900 and to 1,800 MHz in Metropolitan France;
Vu la Act No. 2008-3 of 3 January 2008 for the development of competition for consumers, including article 22;
Considering the advice of the Ministry of Economy, Finance and Employment on the payment of fees for the use of frequencies in the 900 MHz bands and 1,800 MHz bands for the operation of a second or third generation mobile network in the metropolis, published in the Official Journal of 16 January 2008;
Having regard to the correspondence of the Société française du radiotéléphone dated 19 February 2008, in response to the letter of the Autorité dated 8 February 2008;
Considering the modalities for the implementation of the guidelines for the reuse of the 900 MHz band for the 3G, retained by ARCEP on 26 February 2008 and published on its website;
After deliberating on 26 February 2008,
The rapid reuse for third-generation (3G) mobile services of 900 and 1,800 MHz frequency bands, now used by second-generation mobile services (2G), is a major issue for the development of the 3G.
In order to prepare for the reuse of the 900 MHz band for the 3G, the Autorité conducted a public consultation from 4 May 2007 to 4 June 2007. This consultation was part of the analysis and consultation process initiated in the spring of 2006 with stakeholders in the sector to set the reuse modalities for the 900 and 1,800 MHz frequency 3G currently used for the 2G.
Contributions to this public consultation have confirmed the outlines of the provisions proposed by ARCEP in the text of the public consultation. ARCEP then published the guidelines adopted on 5 July 2007 and announced that 2G-3G operators who wish to do so could reuse the 900 MHz frequency band from 2008 to provide third-generation mobile services.
These guidelines include the return of frequencies in the 900 MHz band for a new 3G incoming authorized in the 2.1 GHz band. In fact, 3G applications and frequency usage authorizations in bands 900 and 1,800 MHz have been predicting since 2000 that, in the case of a reuse for the 3G of bands 900 and 1,800 MHz, the AMF initiates a dialogue on the basis of which it may be required to redefine the distribution of frequency attributes in these bands in order to ensure the fairness of frequency attributes between all mobile network operators of second and third generations.
In this context, and in order to respond to the request of operators for implementation in 2008, ARCEP adopted on 26 February 2008 the modalities for the implementation of the guidelines of 5 July 2007. The purpose of this decision is to implement this device for the Société française du radiotéléphone,
Decides:
Section 2 of the above-mentioned Decision No. 2006-0140 is amended as follows:
"The frequencies attributed to the French radiotelephone company are:
― throughout the metropolitan territory:
- the duplex band 904,9-914,9 MHz/949,9-959,9 MHz;
― the duplex band 1710,1-1712,9 MHz/1805,1-1807,9 MHz;
- the duplex band 1737.1-1758.1 MHz/1832,1-1853.1 MHz;
only on very dense areas:
- the duplex band 902.5-904.9 MHz/947,5-949.9 MHz;
The description of very dense areas is contained in Appendix 3 to this decision.
In the event that an authorization is issued on the metropolitan territory to a fourth 3G mobile operator in the frequency band at 2.1 GHz before 30 June 2010, the Société française du radiotéléphone restitutes the following frequencies:
- in dense areas, December 31, 2012: duplex band 902.5-904.9 MHz/947,5-949.9 MHz.
In addition, the Société française du radiotéléphone should not create interference that would adversely affect this fourth operator by using the duplex band 904,9-905,1/949,9-950,1 MHz.
If no authorization is issued to a new 3G incoming in the 2.1 GHz band prior to June 30, 2010, it will not be required as a spectrum return in the 900 MHz band. »
Appendix 2 to above-mentioned decision No. 2006-0140 is amended in accordance with the schedule to this decision.
The head of the operator service and regulation of the rare resources of the Autorité is responsible for the execution of this decision, which will be notified to the Société française du radiotéléphone and published in the Official Journal of the French Republic accompanied by its annexes.
A N N E X E
LA Decision No. 2008-0228 of 26 February 2008
AVENANT N° 1 À LA DECISION N° 2006-0140
Paragraph 1.1. of Appendix 2 to Decision No. 2006-0140 is replaced by the following paragraph:
" 1.1. Nature and characteristics of equipment
The operator is authorized to establish and operate an open-ended radio network for the provision of the services described in paragraph 1.2. In this context, it is authorized to establish connections between the radio transmitters of its network and the terminals of its customers.
The network that the operator deploys to meet this specifications is in accordance with the GSM standard as defined by ETSI.
The operator may use the UMTS standard of the IMT family in the frequencies assigned to it in the 900 MHz band to meet the specifications of the above-mentioned 18 July 2001 order.
The operator complies with the existing regulations regarding the publication of technical specifications for interfaces between its network and terminals.
Introduction of UMTS in the 1,800 MHz band:
The licensee may also request the reuse of all or part of the frequencies assigned to it in the 1,800 MHz band under this authorization for the operation of its third-generation radio network authorized by order of 18 July 2001.
In the case of a reuse for the 3G of the 1,800 MHz band, the AMF undertakes a consultation on the basis of which it may be required to redefine the distribution of the frequency allocations in these bands in order to ensure the fairness of the frequency allocations between all mobile network operators of the second and third generations.
The Authority will therefore amend the decisions to authorize the use of the frequencies of all the operators concerned. »
Paragraph 3 of Appendix 2 to Decision No. 2006-0140 is replaced by the following paragraph:
“3. Royalties due by the licensee
In accordance with the opinion of the above-mentioned Ministry of Economy, Finance and Industry, the fee payable by the operator for the use of the frequencies authorized in section 1 shall consist of:
- on a fixed part, paid annually before June 30 of the current year, in the amount of EUR 1,068 per duplex kHz allocated on the entire metropolitan territory for the 900 MHz bands and EUR 571 for the 1,800 MHz bands, calculated on the pro rata of the population of the areas on which the authorization is carried;
―on a variable, paid annually, equal to 1% of the amount of the turnover realized for the use of the frequency allocated to the operator in the 900 MHz and 1,800 MHz bands.
The fixed part is calculated on the pro rata temporis for the first and last year of the authorization.
The variable portion of the fee is based on the turnover recorded as of December 31 of the year for which the frequencies are used. Its amount is calculated at pro rata temporis the first and last year of the authorization. An instalment determined from the revenue recorded as of December 31 of the previous year is paid before June 30 of the current year. Its amount is corrected, if any, of the amount ensuring the regularization of the previous year.
The turnover taken into account includes the following operating revenues (excluding taxes) provided that they are realized through the use of the frequency allocated to the operator in the 900 MHz bands and 1,800 MHz:
1. Revenues for the provision of telephone service and data transport to direct and indirect customers (i.e., retail and wholesale sales revenues of these services) of the operator. These revenues include those of the same nature carried out by companies whose operator holds control or which are controlled by a company that also holds operator control. A society is considered to be by controlling another if it meets the criteria of theArticle L. 233-3 of the Commercial Code ;
2. Receipts received by the operator on the basis of services or benefits provided to third parties in relation to the services referred to in 1, in particular advertising, referral or collection of commission in the context of electronic commerce;
3. Receiving and connecting to the network;
4. Revenues related to the sale of services (including the provision of content) as part of a voice transaction or data. Payments to service providers are deducted from these revenues;
5. Interconnection-related recipes, excluding calls from another mobile network licensed in France;
6. Customer recipes in roaming on the operator's network;
7. Eventually, any new service using the frequencies considered.
The turnover taken into account does not include revenues from the sale of terminals.
The operator shall maintain an information system and analytical accounting to determine the amount of the variable share, according to a nomenclature agreed jointly by the Minister for Electronic Communications and the Electronic Communications and Post Regulatory Authority.
The operator will provide, each year before May 30, to the Minister responsible for electronic communications, to the Minister responsible for the budget and to the President of the Electronic Communications and Post Control Authority, on the one hand, a report of the audited accounts (the financing of this audit is provided by the operators) containing in particular information to determine the amount of the variable share and, on the other, forecast accounts for the following year. As soon as the operator is also licensed 3G, it will also provide a report on the respectful use of GSM and 3G frequencies, especially for voice service, by customers with access to the operator's two mobile networks. »
Paragraph 4.6. is inserted after paragraph 4.5. of Appendix 2 to Decision No. 2006-0140:
" 4.6. Interferences related to band reuse 900
and 1,800 MHz for 3G
The operator complies with international frequency usage standards and rules, particularly with respect to off-band emissions.
The Electronic Communications and Post Control Authority may, if necessary, specify technical conditions for the use of broadband carriers in order to enforce existing or future rules in terms of compatibility with the services deployed in adjacent bands or in terms of geographical sharing of frequencies. »
Done in Paris, February 26, 2008.
The president,
P. Champsaur
