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Opinion No. 2008 - 0829 Of 22 July 2008 On The Request For Authorization Of Use Of Frequency Assignments By Eutelsat Sa With The National Agency Of Frequencies For A Satellite To The 4 ° West Orbital Position System

Original Language Title: Avis n° 2008-0829 du 22 juillet 2008 sur la demande d'autorisation d'exploitation d'assignations de fréquences formulée par Eutelsat SA auprès de l'Agence nationale des fréquences, pour un système satellitaire à la position orbitale 4° Ouest

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JORF no.0272 of 22 November 2008
text No. 70



Notice No. 2008-0829 of 22 July 2008 on the application for permission to operate frequency assignments formulated by Eutelsat SA to the National Frequency Agency for a satellite system at orbital position 4° West

NOR: ARTL0821451V ELI: Not available


The Autorité de régulation des communications électronique et des postes,
Considering the Constitution and convention of the International Telecommunication Union, including the annexed Radiocommunication Regulations;
Given the Post and Electronic Communications Code, including its articles L. 97-2 and R. 52-3-1 to R. 52-3-6 ;
Considering the Order of 11 August 2006 on the content of the application for permission to operate frequency assignments to satellite systems and satellite system information;
Considering the decision of 24 August 2007 on the national frequency band distribution table;
Considering the letter from Eutelsat SA dated 28 May 2008, accompanied by the file for an application for permission to operate frequency assignments for a satellite system at orbital position 4° West
Considering the letter from the National Frequency Agency received on 12 June 2008;
After deliberating on 22 July 2008,



1. Legal framework of this notice


This notice is issued as part of the implementation of provisions arising from articles L. 97-2 and R. 52-3-1 to R. 52-3-6 of the Post and Electronic Communications Code relating to frequency assignments to satellite systems.
On 28 May 2008, Eutelsat SA filed with the National Frequency Agency a request for permission to operate frequency assignments for a satellite system at orbital position 4° West.
On 12 June 2008, the AMF was seized by the National Frequency Agency in accordance with the procedure provided for in Article L. 97-2 of the Post and Electronic Communications Code.
The notice of the Authority and the possible authorization given in the context of Article L. 97-2 of the Code of Posts and Electronic Communications shall not prejudge the subsequent issuance by the Autorité of the authorizations for the use of frequencies in the French territory pursuant to theArticle L. 42-1 of the above-mentioned code particularly with regard to the criterion of the proper use of frequencies.


2. Purpose of application for authority to operate frequency assignments
2. Frequency assignments


The application for authorization concerns assignments filed by the National Frequency Agency at the International Telecommunication Union on behalf of France Télécom. The application for authorization is made by Eutelsat SA, with the agreement of France Télécom.
Frequency assignments on which the application for authorization is filed are listed in the following table:


BANDS
DEIGNATION
satellite network
FRENCH LANDS
in the service area

17, 30-18, 10 GHz (Earth towards space).
11, 70-12, 50 GHz (sens space to Earth).

RADIOSAT-4C

French territories located in Region 1 of the International Telecommunication Union.


2. 2. The satellite system


Frequency assignments to orbital position 4° West will be operated from February 2009 by the Hot Bird 7A satellite currently located and operated within the Hot Bird constellation at orbital position 13° East. This satellite was launched on 11 March 2006.
The movement of the Hot Bird 7A satellite from orbital position 13° Is to orbital position 4° West will take place following the positioning of a replacement satellite at 13° East.
Given the importance of the fleet of Eutelsat SA, it is possible that the deployment plan will evolve from here to the Hot Bird 7A satellite in 2009.
Hot Bird 7A satellite will be used in position 4° West to provide broadcasting services.


3. Analysis of the Authority


In accordance with the Decree of 24 August 2007 on the national table for the distribution of the above-mentioned frequency bands, the Authority is affected in the frequency bands of the assignments concerned by Eutelsat SA's application.


3. 1. Band 11, 70-12, 50 GHz, space direction to Earth



In Region 1, the AMF is affectatary of the frequency band 11, 70-12, 50 GHz for the fixed primary satellite service (sens space to Earth), with a limitation to non-geostationary satellite systems.
This band is also assigned to the satellite broadcasting service, in this context Eutelsat SA plans to use this band.
The Authority does not issue any comments regarding these summonses.


3. 2. Band 17, 30-18, 10 GHz, Earth direction to space


In Region 1, the AMF is affective of the frequency band 17, 30-18, 10 GHz, particularly for fixed primary service by satellite (sens Earth to space) and, in sub-band 17, 70-18, 10 GHz, for fixed service as a priority.
The Authority recalls that pursuant to the provisions of Article 5. 516 of the Radio Regulations of the International Telecommunication Union referred to above, "the use of the band 17, 30-18, 10 GHz by geostationary satellite systems of the fixed-satellite service (Terre to Space) is limited to connection links for the satellite broadcasting service". It also recalls that the Earth stations operating in sub-band 17, 70-18, 10 GHz must be the subject of a request for a frequency-use authorization that is subject to its compatibility with existing fixed service links.
The Authority shall issue a favourable opinion on the application made by Eutelsat SA, provided that it ensures that the frequency use is in conformity with the above-mentioned regulatory provisions.
This notice will be forwarded to the National Frequency Agency and to the Minister of Economy, Industry and Employment and published in the Official Journal of the French Republic.
Done in Paris, July 22, 2008.


The president,

P. Champsaur


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