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Decision No. 2008 - 0841 24 July 2008 Designating Spectrum For The Installations Of Radio Amateurs Laying Conditions For The Use Of Spectrum In These Bands And The Conditions Of Use Of The Facilities Of Radioamat...

Original Language Title: Décision n° 2008-0841 du 24 juillet 2008 désignant des bandes de fréquences pour les installations de radioamateurs fixant les conditions d'utilisation des fréquences dans ces bandes et les conditions d'utilisation des installations de radioamat...

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JORF n ° 0231 3 October 2008 text no. 76 Decision No. 2008 - 0841 24 July 2008 designating spectrum for amateur radio installations laying down the conditions for use of the spectrum in these bands and the conditions of use of the facilities of radio amateurs NOR: ARTL0820477S ELI: Non available authority electronic communications and postal regulation, having regard to the Constitution and convention of the International Telecommunication Union the radio regulations annexed thereto, and in particular article 25;
Having regard to directive 1998/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure of information in the field of technical regulations and standards, and in particular article 8 thereof;
Having regard to directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, and in particular articles 3, 4.1 and 6;
Having regard to directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of networks and electronic communications services, and in particular article 5.1;
Having regard to recommendation ERC/REC 62 - 01 E of the European Conference of the the posts and telecommunications administrations on the use of the band 135, 7-137, 8 kHz to the amateur service.
Having regard to the standard harmonised 301 783 - 1 of the European Telecommunications Standards Institute;
Saw the post and electronic communications code, and in particular articles L. 32 (12 °), L. 33 - 3 (1st), L. 34-9, L. 34-9-1, L. 36 - 6 (3 ° and 4 °), L. 42, L. 42 - 4, R. 20-44-11 (14 °) and D. 406 - 7 (3rd);
Having regard to Act No. 66-457 July 2, 1966 as amended relating to the installation of broadcast receiving antenna, and in particular article 1;
Mindful of Decree No. 2002-775 3 May 2002 made under 12 ° of article L. 32 of the code of posts and telecommunications and relative to the values the public exposure limits for electromagnetic fields emitted by equipment used in telecommunications networks or radio installations;
Considering Decree No. 2006 - 1278 of October 18, 2006 relating to the electromagnetic compatibility of electrical and electronic equipment;
Considering the Decree of 21 September 2000 amended fixing the conditions of obtaining the certificates of the amateur service operator;
Having regard to the order of 24 August 2007 amending the national table of frequency allocations;
The Advisory Commission on radio having been accessed July 2, 2008;
After deliberating on July 24, 2008, for these reasons: the definition of the amateur services: facilities of radio amateurs are radio stations in the service to amateur and amateur-satellite service.
Pursuant to article 1.56 of the radio regulations, the amateur service is a "service of radiocommunication aimed self-training, intercommunication and technical investigations, carried out by amateurs, that is, by duly authorized persons, interested in the technique of the radio only personally and without pecuniary interest".
As for the amateur-satellite service, it is defined by article 1.57 of the radio regulations as a "radiocommunication service making use of space stations on satellites of the Earth for the same purposes as the amateur service.
The purpose of this decision: of frequency allocations for amateur radio facilities and conditions of use this specific decision bands of frequencies allocated for the operation of the installations of radio amateurs, as well as the conditions of use of the spectrum in these bands.
Relation to the decisions of the authority no. 97-452 dated December 17, 1997 and no. 2000-389 dated April 21, 2000, changes relate to the following bands: 10, 45-10, 50 GHz; 75, 50-76, 00 GHz; 77, 50-78, 00 GHz; 81, 00-81, 50 GHz; 119, 98-120, 02 GHz; 122, 25-123, 00 GHz; 134, 00-136, 00 GHz; 136, 00-141, 00 GHz; 142, 00-144, 00 GHz and 144, 00-149, 00 GHz. In summary, the spectrum resources allocated to services amateur and amateur satellite remain constant.
The allocation changes correspond to the implementation of the decisions taken at the World Conference of 2000 radio. These developments include the provisions of the regulation of radio and the national table of frequency allocations. New bands were attributed to the amateur services, while other bands previously allocated to these services have been removed.
Regarding the band 10, 45-10, 50 GHz, this decision does not change its status, since the provisions relating to this band have not evolved since 1997, but the authority shall specify, in this decision, that amateur radio installations shall not cause harmful interference to foreign stations of the radiolocation service, which has a primary status in accordance with the provisions of the radio regulations.
Conditions of use of the facilities of radio amateurs this decision specifies the conditions of use of the facilities of radio amateurs. As such, it cancels and replaces the decisions of the authority no. 2000-1364 dated December 22, 2000 and no. 2004-316 dated March 30, 2004.
Compared with these two decisions, major developments of this decision for the allocation of call signs. These call-signs, prerequisites for any operation facilities of radio amateurs in emission, were previously assigned by the authority. The procedures for allocating and removing these now fall within the competence of the Minister in charge of electronic communications. Therefore, all provisions relating to call signs, which were contained in the decisions of the authority no. 2000-1364 and no. 2004-316, have been removed in this decision.
In addition, this decision aims to exclude explicitly any activity which is beyond the domain of the regulations to the amateur services, in line with regulation radio. For this purpose, article 7 strictly limited the use of frequencies and requires the voluntary nature of the amateur radio (i.e. no compensation in any form whatsoever).
Finally, to take account of developments in digital modes, emissions allowed classes, specified in annex 2 to this decision, have been extended.
On the legal framework: article 5.1 of directive 2002/20/EC recommends to the Member States, where the risk of harmful interference is negligible, not resort to a system of individual permissions for the use of frequencies. In this context, article L. 33 - 3 (1st) code of postal and electronic communications is implementing a regime of freedom of establishment of radio installations not using frequencies specifically assigned to their user. The use of amateur radio installations does not require an individual allocation of frequencies and fit well within the scope of the regime established by article L. 33 - 3 (1 °). That is why the authority of regulation of electronic communications and posts, in accordance with its established expertise in this area by article L. 36 - 6 (3 ° and 4 °), specifies the rules concerning the conditions for the use of the frequencies identified for the operation of the installations of radio amateurs and those concerning the conditions of use of the facilities of radio amateurs.
Furthermore, amateur radio installations shall, in accordance with article 3 of directive 1999/5/EC, meet essential requirements. It is possible to refer to the standards of the European Institute telecommunications standards, and particularly standard EN 301 783 - 1.
Finally, in application of article 8 of directive 1998/34/EC, the radio interfaces defined in this decision shall be notified to the Commission, decides: Article 1 the frequency bands allocated for the operation of the installations of radio amateurs, and the conditions of use of the spectrum in these bands, are specified in annex 1 to this decision.


Article 2 the maximum powers and classes of emissions allowed according to the classes of operator's certificates are specified, according to the frequency bands allocated for the operation of the installations of radio amateurs, in annex 2 to this decision.


Section 3 operation of the installations of radio amateurs in emission is subject to detention and the use of a personal call sign services amateur attributed by the Minister responsible for electronic communications and prior payment of applicable taxes.


Article 4 more on this article...

The user of an amateur radio installation must: a) person is the holder of a certificate of operator and a personal call sign of the amateur services;
b) have a non-radiant load, a sector filter, an indicator of the power supplied to the antenna and the standing wave ratio whereby issuers must be set;
c) inform the national agency of frequencies within a period of two months the new address in the event of change of domicile;
(d) conduct all its transmissions in plain language or in a code recognized by the International Telecommunication Union; emissions that require dedicated facilities are prohibited.

e) use its facilities with his personal sign under the regulations;
f) make sure that emissions will not create any not already ongoing emissions;
g) identify, through his personal code, the beginning and the end of all periods of his installation's emissions;
(h) do not assume or use the same frequency at all times;
(i) do not voluntarily scramble existing programs;
(j) do not install a repeater station, or use a class of emission, for personal use or for a restricted group.
(k) use an installation of amateur radio in conformity with the essential requirements or with the provisions of annex 3 to this decision if this installation has the character of a personal construction.
A construction is considered as personal if it is composed of facilities partially or wholly performed by the user or equipment placed on the market whose characteristics have been modified by the user. Personal constructs are excluded from the scope of Decree No. 2006 - 1278 18 October 2006 referred to above.


Article 5 amateur radio installations must not be connected to a network open to the public, an independent network, or any radio installation not having the character of amateur radio installation.


Article 6 any use of the facilities of radio amateurs outside the scope of the above-mentioned article 1.56 of the International Telecommunication Union radio regulations is strictly prohibited and may be subject to penalty imposed by the competent authority. Except in the case of disaster, amateur radio facilities cannot be used to establish relief radiocommunication. Participating volunteer amateur radio operators do not receive any compensation in any form whatsoever.


Article 7 a repeater station is an automatic installation of emission or emission and radio reception, forming a stand-alone set installed on the same site. Emissions of a repeater station established at the declared home of an operator of the amateur services are identified by the personal code assigned to the operator. If the repeater station is established on one different site, its emissions are identified by a specific code assigned by the Minister responsible for electronic communications. Special conditions for the use of repeaters stations are specified in annex 3 to this decision. A certificate of class 3 licensed operators are not authorized to install repeaters stations.


Article 8 the use of amateur radio facility is recorded by the user in a newspaper in accordance with the provisions laid down in annex 4 to the present decision.


Article 9 in the context of the legislative and regulatory provisions applicable and in case of necessity imposed by public policy, public security or national defence, the operators of the amateur services conform, with regard to their facilities, to the instructions of the judicial, military, police authorities as well as those of the responsible electronic communications regulatory authority.


Article 10 the use of amateur radio outside the conditions of use of the present decision or in violation of all other regulatory, legislative or international provisions may result in a sanction imposed by the administrative or judicial authority competent.


Article 11 decisions of the authority no. 2000 - 1364 dated December 22, 2000 and no. 2004-316 dated March 30, 2004 are repealed with effect from the date of publication of this decision.


Article 12 the Director-general of the electronic communications and postal regulation authority is responsible for the implementation of this decision, which will be published in the Official Journal of the French Republic, after approval of the terms of use by the Minister responsible for electronic communications.

Annex annex 1 bands of FREQUENCIES for INSTALLATIONS of radio amateurs and CONDITIONS of use bands of frequency REGION 1 defined by the ITU REGION 2 defined by the ITU KHz 135,70 to 137.80.
(E) (E) 1 800.00 to 1 810.00.

(A) 1 810.00 to 1 850.00.
(A) (A) 1 850,00 2 000.00.

(B) 3 500.00 to 3 750.00.
(B) (A) 3-800.00 3 750.00.
(B) (B) 3 800.00 to 3 900.00.

(B) 3 900,00 to 3 950.00.

(B) 3 950.00 to 4 000.00.

(B) 7 000.00 to 7 100.00.
(A) (A) 7-200.00 7 100.00.

(A) 7 200.00 to 7 300.00.

(A) 10 100.00 to 10 150.00.
(C) (C) 14 000,00 to 14 250.00.
(A) (A) 14 250.00 to 14 350.00.
(A) (A) 18 068,00 18 168.00.
(A) (A) 21 000.00 to 21 450.00.
(A) (A) 24 890,00-24 990,00.
(A) (A) 28.000 to 29.700 MHz.
(A) (A) 50,000 to 50,200.

(A) 50,200 to 51,200.
(D) (A) 51,200 to 54,000.

(A) 144,000 to 146,000.
(A) (A) 146,000 to 148.000.

(A) 220,000 to 223,000.

(B) 223,000 to 225,000.

(B) 430,000 to 432,000.
(C) (C) 432,000 to 434,000.
(C) (C) 434,000 to 435,000.
(B) (C) 435,000 to 438,000.
(B) (C) 438,000 to 440,000.
(B) (C) 1 300,000 240,000 to 1.
(C) (C) 2 300,000 to 2 450,000.
(C) (C) 3 400,000 300,000 to 3.

(C) 3 400,000 to 3 500,000.

(C) 5 650,000 to 5 725,000.
(C) (C) 5 725,000 to 5 830,000.
(C) (C) 5 830,000 to 5 850,000.
(C) (C) 5 850,000 to 5 925,000.

(C) GHz 10.00 to 10.45.
(C) (C) 10.45 to 10.50.
(F) (F) 24.00 to 24.05.
(A) (A) 24.05 to 24.25.
(C) (C) 47.00 47.20.
(A) (A) 76.00 to 77.50.
(C) (C) 78.00 77.50.
(A) (A) 78.00 to 79.00.
(C) (C) 81.00 79.00.
(C) (C) 81.00 81.50.
(C) (C) 122,25 to 123.00.
(C) (C) 134.00 136.00.
(A) (A) 136.00 to 141.00.
(C) (C) 241.00 to 248.00.
(C) (C) 250.00 248.00.
(A) (A) (A) band allocated to the amateur services, with a primary service category (article 5.25 of the radio regulations).
(B) Bande shared with other primary radio services: services of amateur to equal rights (article 4.8 of the radio regulations).
(C) Bande shared with other radio primary or secondary services: services of amateur with a secondary service category (art. 5.26 of the radio regulations).
(D) in region 1, the frequency 50, 2-51, 2 MHz band is open to the amateur services, under the regime of article 4.4 of the radio regulations. This derogation by the Conseil supérieur de l'audiovisuel to precarious and revocable basis, applies in limited geographic areas and the following special conditions: the use is permitted in fixed stations and portable to holders of certificates of amateur classes 1 and 2. The emissions allowed the amateur classes are usable in this frequency band. The installation of stations on this frequency band repeaters is not allowed.

List of the departments open with an effective radiated power (ERP) of 5 W: (except the District of Bresse) Ain, Aisne, Allier (only boroughs of Montluçon and Moulins), Hautes-Alpes (except the townships of Laragne-Montéglin and greenhouses), Ardèche (except the townships of Chomérac, Saint-péray and La Voulte-sur-Rhône), the Ardennes, the dawn, (only the arrondissement of Millau) Aveyron, Calvados, Cantal, Charente , Charente-Maritime, the Cher, Corrèze (except the Township of Ussel), la Creuse, Dordogne, Drôme (except for the cantons of Crest, Loriol and Portes-lès-Valence), Eure, Eure-et-Loir, Finistère (except the canton of Quimperlé), Gironde, Ille-et-Vilaine, Indre, Indre-et-Loire (except the canton of Chinon), (only the arrondissement of Grenoble) Isère, Loir-et-Cher, Haute-Loire (except the arrondissement of Yssingeaux), Loiret, Lot, Lot-et-Garonne , Lozère (only the arrondissement of Mende), la Marne, Haute-Marne (except the arrondissement of Langres), Mayenne, Morbihan, nièvre, Nord, Oise, Orne, Pas-de-Calais, the Puy de Dome (only the arrondissement of Riom), Haut-Rhin (except the districts of Colmar and Ribeauvillé), the Saône-et-Loire (except the districts of Charolles and Mâcon), Sarthe, Savoie, Haute-Savoie, Seine-Maritime, Somme, Tarn the Vendée (except the Township of La Roche sur Yon), Yonne.
List of the departments open with an effective radiated power (ERP) of 100 W: Côtes-d'Armor, Loire-Atlantique, Maine-et-Loire, Manche, Deux-Sèvres, Vienne, Haute-Vienne, the meeting.
Individual licensees issued prior to the issuance of decision No. 97-452 dated December 17, 1997 retain ad personam the use of this frequency band under the conditions and to the address notified. In the event of change of address, the provisions of this decision apply to the licensee.
The operation of an amateur in the 50, 2-51, 2 MHz band station may be interrupted upon request of the Supreme Council of audiovisual, in the event of such interference.
The list of geographical areas open to amateur radio traffic in the 50, 2-51, 2 MHz band may be amended without delay at the request of the Conseil supérieur de l'audiovisuel.
(E) pursuant to the provisions of the recommendation ERC/REC 62 - 01 E band shared with other radio primary or secondary services: amateur service with a secondary service category (art. 5.26 of the Radiocommunication Regulations) and an effective radiated power (ERP) of 1 W.
(F) Bande the amateur services, with a primary service category. However, pursuant to the provisions of the radio regulations, this band is allocated to the radiolocation service on a primary basis. Amateur radio facilities must not cause harmful interference to foreign stations of the radiolocation service.
Annex 2 bands of FREQUENCIES, maximum power and CLASSES of allowed EMISSIONS according to the CLASSES of certificates of operator CLASSES of certificates of operator frequency bands (according to the regions of the ITU) maximum power (1) (2) CLASSES of programming (3) (4) (5) class 1 class 2 all the bands spectrum the amateur and amateur-satellite authorized in France. 28 MHz frequencies : 500 W frequency between 28 MHz and 29.7 MHz: 250 W frequencies higher than 29.7 MHz: 120 W A1A *, A1B, A1D, A2A *, A2B, A2D, A3E, A3F, A3C, C3F F1A *, F1B, F1D, F2A *, F2B, F2D, F3C, F3E, F3F, G1D, F2C, G1F (6), G2D, G3C, G3E, G3F, R3C, R3D, R3E, J1D, J2A *, J2B, J2C, J3C, J3E J7B.
Class 3 band 144-146 MHz 10 W A1A, A2A, J3E, A3E, G3E, F3E.
(1) it is the power peak envelope given by recommendation ITU - R SM. 326 6 by modulating the transmitter to its power in crete by two sinusoidal signals in the case of the BLU (generator 2 tones) and power carrier for other types of modulation (AM, FM).
(2) in the case of radio disturbance, indicated powers can be reduced ad personam temporarily by notification of the electronic communications regulatory authority and positions.
(3) for classes 1 and 2, emission experimental and temporary, in other classes of programming, may be made subject to the regulatory authority electronic communications and posts, a personal authorization request, and transmit frequencies, at his request, to the national agency information concerning the software and protocols used.
(4) the designation of emission is defined in article 2.7 and Appendix 1 to regulation of radiocommunications (edition 2004).
(5) class 2 operators are not allowed to use the emissions classes marked with an asterisk (*) in the lower to 29.7 MHz frequency bands.
(6) class of emission G1F is allowed only in the higher frequency bands at 430 MHz. Annex 3 features TECHNIQUES to observe during the use of a INSTALLATION amateur stability of transmitters: the emitted frequency must be known and marked with an accuracy of ± 1 kHz for frequencies below 30 MHz, or ± 1.10 - 4 for frequencies above 30 MHz. The precision will be at least equivalent to the higher frequencies 1 260 MHz, depending on the State of the art of the moment.
Issued frequency stability shall be such that the drift in frequency must not exceed 5.10―5 of the initial value during a period of continuous operation of ten minutes, after thirty minutes of uninterrupted power. Bandwidth limit, should be taken into account by the transmitted bandwidth.
Occupied bandwidth: in all the frequency bands allocated for the operation of radio amateurs, and facilities for all classes of permitted emissions, set out respectively in annexes 1 and 2 to this decision, the transmitted bandwidth shall not exceed than is necessary for a proper reception. For this purpose, for all modulations, the frequency deviation shall not exceed ± 3 kHz for frequencies below 30 MHz, and ± 7.5 kHz for frequencies above 30 MHz. The band occupied by the show must not leave the frequency band authorized limits.
Spurious emissions: the relative level of spurious eligible above 40 MHz, measured at the entrance of the supply line of the antenna, is: at least 50 ― ― dB for issuers of power exceeding 25 W;
― at least ― 60 dB for exceeding 25 W power transmitters.
The transmitter power supply filtering is obligatory when this power supply comes from the electrical distribution network; in particular, disruptive tensions reinjected into the network, measured across a LISN impedance of 50 ohm v, must not exceed: ― 2 mV for disruptive frequencies between 0.15 MHz and 0.5 MHz;
― 1 mV for disruptive frequencies between 0.5 MHz and 30 MHz.
For the measurement of these values, the transmitter is connected to non-radiant load and it is not taken into account of the fundamental issue.
Transmissions of signals by stations repeaters of all kinds: stations repeaters of all kinds are subject to the following additional conditions. The transmissions are only in classes of programs authorized by this decision. The message routing should produce signs at all stages of the transmission. Repeaters stations must transmit their code at the beginning and end of transmission. The provisions of the protocols or software used must conform to this decision. Any automatic station emergency stop device shall be provided.
Emission frequency tags are carried out in the emissions A1A, F1A or F2A classes.
APPENDIX 4 TERMS AND PARTICULAR USAGE 1. Terms of use for all classes of permitted emissions, specified in annex 2 to this decision, any period of transmission of signals must be identified by the personal call sign of the operator. Information concerning the software and protocols used must be forwarded to the national agency of frequencies, at his request.
The use of two different frequencies, one for show, one for the reception, is authorized by stating indicative of the correspondent as well as its emission frequency and its mode of transmission. The use of amateur radio in the conditions specified in this decision is without prejudice of any other permissions or declarations necessary for the establishment and operation of the facility.
Journal of traffic:

The user of a call sign of the amateur services is required to record in a log of traffic activity of its installation particulars: date and time of each communication, the call signs of the correspondents, the frequency used, the class of emission, the place of issue. The traffic log must be presented to any request of the control authorities. It must be kept at least one year from the last entry. The journal of traffic must be either pages numbered and non-detachable, is kept up-to-date computer, or by other processes adapted for disabled or blind.


2. special conditions of use Radio-clubs: the use of amateur radio clubs facilities is subject to the regulation of the amateur services under the same conditions as for individual installations. The facilities of radio-clubs are used under the responsibility of the holder of the call sign of the radio club. The radio-club can be operated by any holder of a call sign, in the context of the regulatory provisions applicable to the various classes of operator's certificates, using indicative of the radio-club followed by his personal sign. A class operator 3 cannot be responsible for radio amateurs to a radio-club facilities.
Traffic radio-club log indicates the codes of operators and their periods of use. It is countersigned by the head of the club radio amateur installations.
Station repeaters: the operation of a repeater station or a tag of frequency must be compatible with the specific operating conditions of the band and the existing facilities on the site. In the event of persistent interference, appropriate measures proposed by the national agency of frequencies may be imposed on responsible station interference.
A tag of frequency or any other automatic installation must only pass information comply with the international rules applicable to this decision and those relating to its position, its operation and the local conditions on radio propagation conditions.

Done at Paris, on July 24, 2008.
President, P. Champsaur