Key Benefits:
The Autorité de régulation des communications électronique et des postes,
In view of the Code of Posts and Electronic Communications, including articles L. 36-7 (6°), L. 42-1 to L. 42-3, and R. 20-44-9-1 and following;
Vu le Decree No. 2007-1531 of 24 October 2007 establishing a fee to cover costs incurred by the State for the management of radio frequencies;
Vu le Decree No. 2007-1532 of 24 October 2007 relating to royalties for the use of radio frequencies due by licensees for the use of frequencies issued by the Electronic Communications and Post Regulatory Authority;
Having regard to the Minister's decision of 28 July 2005 on the terms and conditions of authorization for the use of radio loop frequencies available in the band 3,4-3,6 GHz in Metropolitan France;
See?arrested on 24 October 2007 Implementation Decree No. 2007-1532 of 24 October 2007 relating to royalties for the use of radio frequencies due by licensees for the use of frequencies issued by the Electronic Communications and Post Regulatory Authority;
Vu la Decision No. 2005-0646 of the Electronic Communications and Post Regulatory Authority dated 7 July 2005 proposing to the Minister responsible for electronic communications the terms and conditions for authorizing the use of local radio loop frequencies available in the band 3,4-3,6 GHz in Metropolitan France;
Having regard to Decision No. 2005-1082 of the Electronic Communications and Post Control Authority dated 13 December 2005 setting the technical conditions for the use of the frequency band 3410-3600 MHz for the multipoint transmission links of the fixed service;
Vu la Decision No. 2006-0743 of the Autorité de régulation des communications électronique et des postes dated July 25, 2006 attributing to the Brittany Regional Council the authorization to use radio frequencies of local radio loops in the band 3,4-3,6 GHz in the Brittany region;
Vu la Decision No. 2008-0404 of the Autorité de régulation des communications électronique et des postes dated 1 April 2008 approving the proposed partial assignment to the General Council of Côtes-d'Armor of the authorization to use local radio loop frequencies assigned to the Regional Council of Brittany;
After deliberating on 27 May 2008,
For the following reasons:
Section L. 42-3 of the Post and Electronic Communications Code (CPCE) provides that the assignment of an authorization to use radio frequencies must be accompanied, as appropriate, by the issuance of a new authorization, the repeal or modification of an existing authorization.
For assignment projects that are subject to the approval of the Authority, Article R. 20-44-9-8 of the CPCE provides that, from the notification by the Authority of its approval, the assignor or the transferee shall have a period of one month for, if any, to inform the Authority that they withdraw their proposed assignment.
In the absence of withdrawal at the expiry of this period, or as soon as the transferor and the transferee have confirmed the continuation of their project, the Authority shall issue new authorizations, amend or repeal existing authorizations as soon as possible.
In accordance with the procedural conditions set out in section R. 20-44-9-7 of the CCCB, the Authority shall, on the one hand, repeal the authorization of the assignor when the entire terms of use are the subject of the assignment or amend it when the assignment is partial, and on the other hand, issue a new authorization to the assignee or amend the authorization that is already assigned to it and that relates to the band of interest.
By the way decision No. 2006-0743, the Brittany Regional Council was authorized to use for a multi-point point network of the fixed loop frequencies of the band 3.4-3,6 GHz on the territory of the Brittany region.
By the way decision No. 2008-0404, the Authority approved the draft partial assignment to the General Council of the Côtes-d'Armor of the authorization under consideration.
Accordingly, by this decision, the Autorité authorizes the general council of Côtes-d'Armor to use the radio loop frequencies of the band 3,4-3,6 GHz in the territory of the Côtes-d'Armor department.
General conditions of use of frequencies, as provided by the provisions of Part B of the Schedule to Decision No. 2005-0646 referred to above, are set out in Appendix 1 to this decision.
The special obligations of the General Council of the Côtes-d'Armor with respect to the territory of the Côtes-d'Armor department are set out in Appendix 2 to this decision.
As a reminder, the commitments for the number of sites to be teamed on the date of June 30, 2008 corresponding to the first deadline for the verification of progress in deployment are 2 sites in urban units of more than 50,000 inhabitants and 28 sites outside urban units of more than 50,000 inhabitants. At that date, the Electronic Communications and Post Control Authority will ensure that the licensee has complied with the deployment obligations referred to above and that the frequency utilization conditions are assessed,
Decides:
The General Council of the Côtes-d'Armor is authorized to use the frequency band BLR 1 for a multi-point local loop network: 3 432.5-3 447,5 MHz and its duplex 3 532.5-3 547,5 MHz for fixed service on the Côtes-d'Armor department.
This frequency usage authorization is effective from the date of this decision and expires on July 24, 2026. At least two years before the expiry date, the licensee shall be notified of the conditions for the renewal of the authorization and the reasons for a refusal to renew.
This Frequency Use Authorization is subject to the licensee's compliance with the conditions set out in the appendices to this decision.
The head of the operator service and regulation of the rare resources of the Autorité de regulation des communications électronique et des postes is responsible for the execution of this decision, which will be published in the Official Journal of the French Republic and on the website of the Autorité, and notified to the general council of the Côtes-d'Armor.
A N N E X E 1
CONDITIONS OF USE OF BANDE FREQUENCES 3.4-3.6 GHz
TITULAR TO USE
I. - Nature of equipment, network and services
I-1. Nature of the network and services
The network that is authorized to establish and operate the licensee with its local radio loop frequencies is a multipoint point network that uses band 3.4-3,6 GHz frequencies for fixed service.
The licensee is authorized to propose a nomadic service offer in accordance with the following definition:
A nomadic service offer is a service offer that allows customers (with suitable terminal equipment) to connect to the licensee's network in different points covered by its network, the terminal equipment remaining fixed throughout the communication with the base station network. It can move out of connection times.
The licensee shall offer a subscriber connection offer at any point covered by its network, if any via a retail operator. It is authorized to use its local radio loop frequencies to establish and operate point to multipoint infrastructure links within 10% of the assigned frequencies.
I-2. Cover area
The coverage area of this permission to use frequencies is the Côtes-d'Armor department.
I-3. Deployment schedule
In accordance with the selection procedure, the licensee is required to use the frequencies assigned to it by 25 July 2008. This use will need to be effective in each of the departments where it receives a frequency authorization.
In order for the Authority to be able to verify that this obligation to use the frequencies assigned to it is well respected, the licensee shall, at its request, provide the Authority with information allowing the licensee to verify compliance with this obligation. The licensee will be declared to respect this obligation if, for the Côtes-d'Armor department, it actively operates a local radio loop site, a service offer is available and has a clientele.
If the licensee fails to comply with this requirement to use the frequency in the department covered by its authorization, the Authority may withdraw the licence to use the frequency that it holds in that department.
Compliance with this minimum obligation does not prejudge the licensee's compliance with its obligations with respect to the territorial extent of deployment, which are set out in annex 2 to this decision.
I-4. Technical Conditions of Use
band frequencies 3410-3600 MHz
The licensee shall adhere to the technical conditions for the use of the frequency band 3410-3600 MHz for the point to multipoint transmission links of the fixed service as defined by the regulations in force.
II. - Duration of authorization
The authorization to use local radio loop frequencies is effective from the date of this decision and expires on July 24, 2026.
At least two years before the expiry date of the licence to use the frequencies, the licensee shall be notified of the conditions for the renewal of the authorization and the grounds for non-renewal.
III. - Revocations due by the licensee
The licensee's annual charges for the provision and use of local radio loop frequencies are specified in the Decree of 24 October 2007 relating to royalties for the provision of radio and management frequencies by licensees of the authorizations granted under the Articles L. 42-1 and L. 42-2 of the Post and Electronic Communications Code.
In addition, where applicable, as a licensee of a general authorization to establish and operate a network open to the public and to provide electronic communications services, the licensee is subject to the payment of the annual administrative tax, under the conditions prescribed by the Financial Act.
IV. - Technical requirements
to avoid harmful interference
This Part describes the technical conditions to be met by the licensee in order to avoid harmful interference.
A BLR operator means any natural or legal person with an authorization to use the radio loop frequencies issued by the Electronic Communications Regulatory Authority and posts in the band 3,4-3,6 GHz.
If a complaint is filed with the NFRA, the following rules apply:
- if one of the uses of the frequencies in question is not reported to the Frequency Assignment Commission (CAF), it must be dismantled.
- if one of the uses of the frequencies in question does not comply with its FCA statement, the FCA must be in compliance with its statement, if not dismantled.
―if all uses of the frequency in question are reported to the FCA and comply with their FCA statement, the most recent reporting date must be dismantled: the aerial rule applies.
In addition, the Autorité encourages the definition by concerned BLR operators of specific modalities for the prevention of interference.
IV-1. Technical conditions applicable to the geographic limits of authorization
between BLR operators using the same frequency band
The frequency assigned to the licensee may be assigned to another BLR operator on an adjacent coverage area. In order to avoid interference between BLR operators, each must respect, outside the coverage area of its authorization, the following power surfer density limit: ― 131 dBW/(MHz*m2).
However, two BLR operators with adjacent authorization zones can make an agreement to exceed this surferacic power density value: this agreement must be the subject of a contract with a copy of which it is transmitted to the Authority. In all cases, if a interference complaint is filed with the ANFR, the power surfer density limit of ― 131 dBW/(MHz*m2) shall be respected.
IV-2. Breakdown between adjacent band users
The frequencies adjacent to those assigned to the licensee are used either by hertzian beams for the carriage of television channels, or by other BLR operators, or by equipment of the Ministry of Interior.
The licensee has an obligation not to interfere with earlier summonses and is protected against interference by any subsequent assignments within the meaning of the statement to the Frequency Designation Commission (FAC).
It is up to the licensee, if it wishes to install a new multipoint point emission area using frequencies assigned to it, to take measures to ensure the absence of interference by its future installation of earlier assignments in adjacent frequency bands, by making the interference calculations between the sites they will install and the existing installations. The interference criteria for evaluating these interferences are:
Interferences generated by the emissions of local radio loop systems shall not cause an increase in the level of the thermal noise of the receiver of a point-to-point hertzian beam corresponding to a maximum degradation of the margin of the 1 dB (case of a single jammer) and 3 dB (integrated interference). In addition, the aggregated interference criterion can only be taken into account if the single interference criterion is previously met.
It is also up to the licensee to transmit to the Authority the elements allowing to register any new assignments to the FNF, according to the procedure defined by the CAF and under the conditions defined by the Authority and specified on its website. Compliance with this procedure requires regulatory safeguards for the protection of the assignment with respect to subsequent assignments for BLR systems or other radiocommunication services.
IV-3. Technical conditions necessary to limit exposure
from the public to the electromagnetic fields. ― Site Sharing
Sharing of sites should be systematically promoted, in addition to the provisions of the Articles L. 47 and L. 48 of the Post and Electronic Communications Code. To this end, it will be requested, inter alia, by the operators, d of Article L. 33-1 of the Post and Electronic Communications Codeto respect the following principles.
When the licensee plans to establish a site or pylon, it must:
- prefer, to the extent possible, any sharing solution with an existing site or tower;
― ensuring that the conditions for the establishment of each of the sites or pylons make possible, on these same sites and subject to technical compatibility, the subsequent reception of infrastructure of other BLR operators;
• respond to reasonable requests to share their sites or pylons from other BLR operators.
V. - Obligations arising from international agreements
relating to the use of frequencies
The licensee shall adhere to the rules set out in the field of frequencies by the ITU Convention (International Telecommunications Union), by the regulation of international telecommunications, by the regulation of radiocommunication, by international agreements and by the regulation of the European Community.
The use of radio spectrum by neighbouring countries may restrict the conditions for the use of certain channels available to the licensee.
These agreements may be provided, upon request by the licensee, by the Electronic Communications and Posts Regulatory Authority.
In the absence of an agreement with the administration of the country concerned, if the licensee wishes to deploy radio systems that could affect the operation of radio systems in other countries, the licensee shall, in advance of any deployment, issue to the Authority a request for frequency coordination.
VI. - Participation obligations
to appeal for applications under Article L. 42-2
Obligations arising from the commitments made by the Bretagne Regional Council, in its application file for the selection procedure, conducted under theArticle L. 42-2 of the Post and Electronic Communications Code, are taken entirely by the general council of the Côtes-d'Armor for the department of the Côtes-d'Armor, as it has undertaken in the project of assignment notified to the Authority.
These obligations are contained in annex 2 to this decision.
VII. - BLR Network established and/or operated by a third party
VII-1. Frequency disposal mechanism
secondary market
Radio local loop frequencies may be disposed of on the secondary market of the authorizations to use frequencies, subject to their registration on the list provided for in first paragraph of Article L. 42-3 of the Post and Electronic Communications Code. These assignments will be subject to the prior approval of the Authority, under the conditions prescribed by the decree of application of theArticle L. 42-3 of the Post and Electronic Communications Code.
VII-2. Frequency operation
local radio loop by third party
The licensee may operate by a third party the frequencies it is authorized to use. These frequencies are subject to the approval of the Authority.
From the point of view of the permission to use the frequencies, the controller remains the attribute of the permission to use the frequencies. All administrative procedures related to this authorization must be done by the licensee, in particular with respect to the reporting to the Authority, for transmission to the FCA of the emission sites. For the purpose of this declaration, the operator's contact information should be explicitly forwarded for proper consideration by the FCA.
The rights and obligations listed in the BLR Frequency Authority apply to the licensee and not to the frequency tenant. The licensee shall be responsible to the Authority for the compliance of all the obligations contained in its authorization to use the frequency, including the technical conditions necessary to avoid interference that could be done by the tenant of the frequencies.
A N N E X E 2
OBLIGATIONS THAT APPROACH TO THE GENERAL COUNCIL OF ARMOR CHODS, WHO RECORDS THE COMMITMENTS PRIVATE BY THE REGIONAL COUNCIL OF BRETAGNES IN CANDIDATURE
The licensee is required to adhere to all commitments made in the application file filed by the Bretagne Regional Council as part of the selection process. This annex contains the main obligations in accordance with the commitments made in this application.
Only the initial licensee's commitment to pay a specified amount if a frequency band was assigned to it on the Brittany region is not included in this annex. This obligation was fulfilled by the original licensee.
With respect to the commitments and obligations for which there is no deadline and those not explicitly included in this annex, the licensee shall transmit to the Authority, at its request, the elements enabling it to control its compliance.
The obligations cited are defined as obligations related to the use of local radio loop frequencies assigned by this decision.
1. Territorial deployment requirements
The licensee is subject to obligations to deploy sites equipped with a base station using 3.5 GHz band frequencies, in the various types of areas and the deadlines indicated, in accordance with the provisions of the notice of appeal referred to above.
In accordance with the commitments made by the licensee, these obligations are:
Table of the number of sites equipped with a base station
| Type of area | In urban units of more than 50,000 inhabitants. | 2 | 3 | 4 |
| Outside the urban units of more than 50,000 inhabitants. | 28 | 30 | 34 |
2. Complementary obligations
Provision of frequencies
In accordance with the existing legal and regulatory provisions, it will ensure that the choice of its partners allows for the proper use of frequencies and participates in the introduction of effective competition in the territory of the Côtes-d'Armor department.
Done in Paris, May 27, 2008.
For the president:
The member of the college presiding at the meeting,
E. Bridoux
