JORF n ° 0087 12 April 2008 text no. 145 Decision No. 2008-0229 on 26 February 2008 amending decision No. 2006-0239 authorizing the company Orange France to use spectrum in the 900 MHz and 1 800 MHz to establish and operate a radio network open to the public NOR: ARTL0800015S ELI: not available the electronic communications regulatory authority and positions Having regard to the draft decision of the commission on the harmonisation of frequency bands 900 MHz and of 1800 MHz for terrestrial systems capable of providing pan-European electronic communications in the community.
Having regard to the proposal for 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 mobile terrestrial public pan-European cellular digital community, dated July 25, 2007;
Having regard to decision ECC/DEC / (06) 13 of the ECC as of December 1, 2006, designating the bands 880-915, 925-960, 1 710-1 785 and 1 805-1 880 MHz for systems terrestrial UMTS/IMT-2000;
Having regard to the report 82 of the ECC of the month of May 2006 on the electromagnetic compatibility of UMTS in the 900 and 1,800 MHz bands;
Having regard to the report 96 ECC of the month of March 2007 on the electromagnetic compatibility of the UMTS 900/1 800 with the systems in adjacent bands.
Saw the post and electronic communications code, and in particular articles L. 33 - 1, L. 36 - 7 (6th) and L. 42 - 1;
Considering the Decree of 18 July 2001 amended authorizing company Orange France to establish and operate a third generation radio network open to the public and to provide telephone service to the public;
Having regard to decision n ° 2006-0239 authority dated February 14, 2006, authorizing the company Orange France to use spectrum in the bands 900 MHz and 1800 MHz to establish and operate a radio network open to the public;
Having regard to the company Orange France mail dated April 5, 2006 requesting the reuse of the band 900 MHz for 3G;
Having regard to the public consultation on the introduction of UMTS in the frequency bands mobile 900 and 1 800 MHz in metropolitan France conducted by the authority from May 4 to June 4, 2007;
Having regard to the guidelines adopted and published by the authority on July 5, 2007, relating to the introduction of 3G in the mobile bands at 900 and 1800 MHz in metropolitan France;
Pursuant to law No. 2008-3 of January 3, 2008, for the development of competition in the service of consumers, and in particular article 22;
Having regard to the opinion of the Ministry of economy, finance and employment relating to the payment of fees for the use of frequencies in the bands 900 MHz and 1 800 MHz for the operation of a mobile network of second or third generation in France, published in the Official Journal of January 16, 2008;
Given the mail of the company Orange France as of February 20, 2008, in response to the mail authority dated February 8, 2008;
Having regard to the modalities of implementation of the guidelines for the reuse of the band 900 MHz for 3G retained by ARCEP on February 26, 2008 and published on its website.
After having deliberated on 26 February 2008, quick reuse for third generation mobile services (3G) of the frequency bands 900 and 1,800 MHz, today used by second generation mobile services (2 G), represents a major challenge for the development of 3 G.
In preparation for the reuse of the 900 MHz for 3 G band, the Authority conducted a public consultation from May 4, 2007 to June 4, 2007. This consultation was part of the process of analysis and consultation undertaken in the spring of 2006 with the actors of the sector to establish the terms of re-use for the 3 G 900 and 1,800 MHz frequencies currently used for 2 G.
The contributions to this consultation confirmed the outline of the provisions suggested by ARCEP in the text of the public consultation. ARCEP then published the guidelines adopted on July 5, 2007, and announced that the 2 G - 3 G operators wishing could reuse from the year 2008 the band 900 MHz for the provision of third generation mobile services.
These guidelines include the return of frequencies in the 900 MHz for a new band coming 3G in the 2.1 GHz band. Indeed, calls for 3G applications and authorisations for the use of frequencies in the bands 900 and 1,800 MHz provide since 2000 that, in the case of reuse for the 3 G bands 900 and 1,800 MHz, the authority committed dialogue on the basis of which it can be brought to redefine the distribution of allocations of spectrum in these bands in order to ensure the fairness of frequency allocations between the whole of the second mobile network operators and third generations.
In this context, and in order to meet the demands of operators for implementation in 2008, ARCEP adopted February 26, 2008 the terms of implementation of the guidelines of July 5, 2007. The purpose of this decision is to implement this feature for the company Orange France.
Decided as follows: Article 1 article 2 of decision No 2006 - 0239 above is amended as follows: «the frequencies allocated to company Orange France are: ― on the entire metropolitan territory: ― the duplex band 890, 1-900, 1 MHz/935, 1-945, 1 MHz;
― the band duplex 1 713 1-1 736,9 MHz/1 - 808.1 1 831,9 MHz;
― only on dense areas: ― the duplex band 900, 1-902, 5 MHz/945, 1-947, 5 MHz.
The description of very dense areas contained in annex 3 to this decision.
In cases where an authorisation is issued the metropolitan territory for a fourth mobile operator 3G in the frequency band at 2.1 GHz before June 30, 2010, the Orange France company renders the following frequencies: ― outside dense areas, 18 months after approval of the fourth operator: the duplex 899,9-900,1 MHz/944, 9-945, 1 MHz band;
― in very dense areas, December 31, 2012: the duplex band 899, 9-902, 5 MHz/944, 9-947, 5 MHz.
In addition, in this case, it will be awarded to Orange France the following frequencies: ― outside dense areas, 18 months after approval of the fourth operator: the duplex 889.9-890,1 MHz/934, 9-935, 1 MHz band;
― in very dense areas, December 31, 2012: the duplex band 889, 9-890, 1 MHz/934, 9-935, 1 MHz.
In addition, the company Orange France should not create harmful interference to the fourth operator using the duplex band 899, 7-899, 9/944, 7-944, 9 MHz.
If no authorization is issued to a new 3 G entering the band 2.1 GHz before June 30, 2010, it will not be required as such return of spectrum in the 900 MHz band"Article 2 annex 2 to decision No 2006 - 0239 above is amended in accordance with the annex to this decision.
Article 3 the head of the service operators and regulation of the scarce resources of the authority is responsible for the implementation of this decision, which will be notified to the company Orange France and published in the Official Journal of the French Republic, accompanied by annexes.
Annex A N N E X E to the DECISION No. 2008-0229 of 26 February 2008 endorsement No. 1 decision No. 2006-0239 paragraph 1.1 of annex 2 to decision No 2006 - 0239 is replaced by the following paragraph: 1.1. Nature and characteristics of the equipment operator is authorized to establish and operate a radio network open to the public, for the supply of the services described in paragraph 1.2. In this context, it is authorized to establish connections between its network radio transmitters and clients terminals.
The network operator deploys to meet this specification is consistent with the GSM standard, as defined by the ETSI.
The operator can use the standard UMTS, IMT family, in the frequencies that are attributed to him in the 900 MHz band to meet the specifications of the Decree of 18 July 2001 referred to above.
The operator complies with the regulations in force concerning the publication of the technical specifications for the interfaces between its network and the terminals.
Introduction of UMTS in the 1 800 MHz band the holder may also request the re-use of all or part of the frequencies that are attributed to him in the 1 800 MHz band to the title of this authorization for the operation of its third-generation radio network authorized by order of 18 July 2001.
In the case of reuse for 3G of the 1 800 MHz band, the authority committed dialogue on the basis of which it may need to redefine the distribution of the frequency allocations in these bands in order to ensure the fairness of frequency allocations among second and third generation mobile network operators all.
The authority will amend accordingly decisions as authority for the use of the frequencies of all the operators concerned. "Paragraph 3 of annex 2 to decision No 2006 - 0239 is replaced by the following:" 3. the fees payable by the holder of the authorization in accordance with the opinion of the above-mentioned Ministry of economy, finance and industry, the fee payable by the operator in respect of the use of the frequencies authorized in article 1 consists:
― Firstly fixed, paid annually before 30 June of the current year, of an amount of EUR 1 068 per duplex kHz allocated throughout the metropolitan territory for the 900 MHz bands and 571 EUR for the 1 800 MHz bands, calculated in proportion to the population of areas covered by the authorization.
― for one variable, paid annually, equal to 1% of the amount of the turnover achieved in respect of the use of the frequencies allocated to the operator in the bands 900 MHz and 1,800 MHz.
Fixed share is calculated pro rata temporis for the first and the last year of the authorization.
The variable component of the levy is established on the basis of the turnover at 31 December of the year in respect of which frequencies are used. Its amount is calculated pro rata temporis the first and the last year of the authorization. An instalment determined from turnover at 31 December of the previous year is paid before 30 June of the current year. Its amount is corrected, where appropriate, the sum ensuring the regularization of the previous year.
The turnover taken into account includes revenue (excluding taxes) follows, provided that they are carried out through the use of the frequencies allocated to the operator in the bands 900 MHz and 1,800 MHz: 1. revenues from provision of telephone service and data to customers direct and indirect transport (i.e., respectively, retail sale and wholesale of these services revenue) operator. These revenues include those of a same nature carried out by undertakings whose operator has control or that are controlled by a company holding also the control of the operator. A corporation is considered as controlling another if it meets the criteria of article L. 233 - 3 of the commercial code.
2. revenues collected by the operator services or benefits provided to third parties in connection with the services referred to in 1, in particular advertising benefits, SEO or the perception of commission in the context of electronic commerce.
3 recipes for commissioning and connection to the network.
4 revenue related to the sale of services (including the provision of content) with a transaction voice or data. The outpayments to service providers are deducted from these recipes.
5 revenue from interconnection, excluding from calls to another mobile network holder of authorisation in France.
6 income from clients while roaming on the network of the operator.
7 optionally, any new service using the considered frequencies.
The turnover taken into account does not include revenues from the sale of terminals.
The operator must hold an information system and an analytical accounting to determine the amount of the variable component, according to a jointly agreed nomenclature by the Minister in charge of electronic communications and electronic communications regulatory authority and positions.
The operator will present, every year before 30 may, to the Minister in charge of electronic communications, the Minister responsible for the budget and the president of the electronic communications and postal regulation authority, on the one hand, a report of the audited accounts (this audit is funded by operators) containing in particular the information for determining the amount of the variable component and other, provisional accounts for the following year. Once the operator is also the licensee licensed 3G, it will also present a report on the respective use of GSM and 3G frequencies, especially for voice, by clients with access to two mobile operator networks. "A 4.6 paragraph is inserted after paragraph 4.5 of annex 2 to decision No 2006 - 0239:"4.6. Interference related to the reuse of the bands 900 and 1,800 MHz for 3 G operator respects the international norms and standards on the use of frequencies, including as regards emission band.
Electronic communications regulatory authority and positions will be identified later, if necessary, of the technical conditions for the use of surrogate broadband to enforce existing or future rules in terms of compatibility with services deployed in adjacent band or in terms of geographic frequency sharing. » Done at Paris, on February 26, 2008.
President, P. Champsaur