Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Considering Directive 2002 / 21 / EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services;
Considering Directive 2002 / 20 / EC of the European Parliament and the Council of 7 March 2002 on the authorization of electronic communications networks and services;
Considering the Post and Electronic Communications Code, and in particular its articles L. 32, L. 33-1, L. 34-1, L. 34-3, L. 34-8, L. 36-7 (6°), L. 36-8, L. 40, L. 42-1, R. 20-44-11 (4°), R. 20-44-11 (5°), D. 98 to D. 98-12 and D. 406-5 to D. 406-17 ;
Having regard to the Decree of 24 October 2007 on royalties for the use of radio frequencies by licensees for the use of frequencies issued by the Authority for Electronic Communications and Posts;
Considering the decision of 30 October 2008 amending the national frequency band distribution table;
Vu la Decision No. 2005-1083 dated 8 December 2005 specifying the rights and obligations concerning operators providing GSM or IMT-2000 services;
In view of the 23 July 2001 decree authorizing the company Saint-Martin and Saint-Barthélemy Tel Cell SARL to establish an open-ended radio network for the operation of a pan-European GSM DOM 6 digital service operating in the 900 MHz and 1,800 MHz bands;
Vu la Decision No. 2001-495 of 6 June 2001 assigning frequency resources to the company Saint-Martin and Saint-Barthélemy Tel Cell SARL (operator DOM 6);
In view of the letter from the company UTS Caribbean dated 1 October 2008;
Considering the consultation addressed to the Caribbean UTS company by the authority dated 23 October 2008 and the response of the Caribbean UTS company dated 30 October 2008;
For the following reasons:
Saint-Martin and Saint-Barthélemy Tel Cell is authorized to use frequencies in the GSM 900 MHz band in the communities of Saint-Martin and Saint-Barthélemy since June 6, 2001. The above-mentioned decision of 23 July 2001 authorizes Saint-Martin and Saint-Barthélemy Tel Cell to establish a radio network open to the public for the operation of a pan-European GSM digital service operating in the 900 MHz and 1,800 MHz bands. Following a change of ownership, its name became United Telecommunication Services Caribbean (UTS Caribbean).
The purpose of this decision is to take note of this change of social reason and to adapt the authorization of the operator UTS Caribbean to the new regulatory framework that came into force following the publication in the Official Journal of the Law of 9 July 2004.
The rights and obligations related to the individual authorization of the carrier UTS Carib are described in this decision. They are taken over from the decision of 23 July 2001 which this decision replaces.
In accordance with the regulatory framework, the provisions of Annexes 1 and 2 are in addition to the rights and obligations related to the general authorization defined in Article L. 33-1 of the Post and Electronic Communications Code, which are specified by decree or by decision of ARCEP pursuant to Article L. 36-6 (1°) of the same Code. These provisions are defined in articles D. 98 to D. 98-12 of the Post and Electronic Communications Code and in Decision No. 2005-1083 of ARCEP referred to above.
After deliberating on 20 November 2008,
Decides:
The company United Telecommunication Services Caraïbe, registered in the register of trade and companies of Basse-Terre TMC under number 429 039 225 and whose head office is located at 30 Springs Hills, Marigot, 97150 Saint-Martin, is authorized to use the frequencies assigned to it in section 2 of this decision to establish and operate a second-generation radio network of Saint-Martin- The operator shall comply with the provisions of the specifications annexed to this decision.
The frequencies assigned to the operator from the date of attribution of this authorization are, in accordance with the definitions of Appendix I:
In the 900 MHz GSM band:
| Collectivités de Saint-Martin et de Saint-Barthélemy. | Channels 100 to 124. |
The operator complies with the technical decisions for the use of band frequencies in which it is authorized in section 2.
This authorization is valid until August 22, 2016.
The amendments to the constituent elements of the application file relating to this authorization, and in particular those relating to the capital of the holder of the authorization, shall be communicated without delay to the Authority for the regulation of electronic communications and posts in order to verify their compatibility with the conditions of the authorization.
The head of the operator service and regulation of the rare resources of the Autorité de régulation des communications électronique et des postes is responsible for the execution of this decision, which will, with all its annexes, be notified to the operator and published in the Official Journal of the French Republic.
A N N E X E
I À LA DÉCISION N° 2008-1260 DU 20 NOVEMBER 2008
Principles governing the allocation of frequencies
in bands 900 and 1,800 MHz
There are two bands in which the operator can be assigned frequencies:
- the 900 MHz band (subband A or B), which ranges from 880 to 915 and from 925 to 960 MHz;
- and the 1,800 MHz band, which ranges from 1,710 to 1,785 to 1,880 MHz.
In each of these bands, the channels have a width of 200 kHz duplex, each channel being defined by a whole number n. The following table gives the central frequencies of each channel:
| 1 n 124 | 890 + 0.2 n | 935 + 0.2 n | 900 MHz band (subband A). |
| n = 0 | 890 | 935 | Band 900 MHz (subband B). |
| 975 n 1 023 | 890 + 0.2 (n – 1 024) | 935 + 0.2 (n – 1 024) | Band 900 MHz (subband B). |
| 512 n 885 | 1 710.2 + 0.2 (n – 512) | 1,805.2 + 0.2 (n – 512) | Band 1,800 MHz. |
A N N E X E I
I À LA DÉCISION N° 2008-1260 DU 20 NOVEMBER 2008
Specification of the requirements
frequency usage in bands 900 and 1,800 MHz
These provisions fall under categories 1 to 6° provided for in Article L. 42-1-II of the Post and Electronic Communications Code.
1. The nature and technical characteristics of equipment, networks and services that may use the frequency or frequency band as well as their permanence, quality and availability conditions and, where applicable, their deployment schedule and coverage area
1.1. Nature and characteristics of equipment
The operator is authorized to establish and operate an open-ended radio mobile 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.
Radio equipment and facilities used in the operator's network comply with the standards published by the ETSI, in particular, for the relevant network parts, with the GSM standard.
The operator shall, at the request of the Authority for the regulation of electronic communications and posts, communicate to the Authority the standards to which the equipment is used.
1.2. Services
The operator uses the frequencies authorized in section 1 of this decision to provide the public, in the departmental communities where it is authorized, a personal communication service to the GSM standard.
This service allows the operator's customers (subscribers, visitors or itinerant users) equipped with terminal equipment, when they are in the network coverage area, to establish telephone communications with all users of the other open networks to the public (subject to any restrictions, provided by contract between the operators and their customers, for the delivery of the requested or requested mail).
It also allows a customer of the operator located in the network coverage area to be joined by all customers of the other networks open to the public (subject to any restrictions, provided by contract between the operators and their customers, the delivery of the requested or requested mail).
In addition to this personal communication service, the operator offers its client the services provided by the GSM Memorandum of Understanding. It can also offer its customers the other services provided by the GSM standard.
The operator's offer of other services not provided by the GSM standard is subject to the procedures defined in the Post and Electronic Communications Code.
1.3. Conditions of permanence, quality and availability
The operator must make the necessary arrangements to ensure the level of service quality described below.
Probality is understood as a service quality in an attempt to access the system to be able to establish, pursue and complete a communication under normal conditions.
In the coverage area, the service quality is measured outside the building and is at least 85%. For calls from vehicles in circulation on road axes, outside of urban areas, it is measured with a pedestrian kit without increase in terminal power and is at least 85%.
The service quality is measured with portable power terminals 1 or 2 watts.
A measurement campaign carried out by a third party on behalf of the Autorité de régulation des communications électronique et des postes evaluates each year the quality of service of the operator's network, according to a common methodology to the operators involved in this study. The Autorité funds the part of this study on the definition of the methodology used, as well as the treatment and format of the results.
The operator is associated with the definition of the methodology of this survey. It funds the cost of implementing the measures on its network. He has access to the results of this investigation.
1.4. Territory coverage
The services offered by the operator's network using the frequencies permitted in section 1 of this decision are available in the departmental communities of Saint-Martin and Saint-Barthélemy on areas of 90% of the population effective August 22, 2004.
2. The duration of the authorization, which may not exceed twenty years, as well as the minimum period in which the licensee is notified of the conditions for the renewal of the authorization and the reasons for a refusal to renew
Frequency usage authorization ends on August 22, 2016.
Renewal conditions and any grounds for refusal of renewal of this authorization will be notified to the operator one year before this expiry.
3. Royalties due by the licensee
The operator shall pay fees for the use, management and control of radio frequencies, under the conditions prescribed by decrees No. 2007-1531 and n° 2007-1532 24 October 2007.
Subject to subsequent regulatory changes, from the day on which each GSM channel is available, the operator shall pay royalties on March 1 of each year calculated on the basis of the following scale:
50 € per year and per duplex channel available in the departmental community of Saint-Martin.
26 € per year and per duplex channel available in the departmental community of Saint-Barthélemy.
4. Technical requirements to avoid harmful interference
and to limit public exposure to electromagnetic fields
Within the framework defined by the Authority for the regulation of electronic communications and posts, the operator may send directly to the National Frequency Agency its requests for the assignment of frequencies pursuant to the 4th of Article R. 20-44-11 of the Post and Electronic Communications Code.
In the channels assigned to it, the operator requests the agreement of the National Frequency Agency prior to the establishment of radio stations, where this agreement is required, pursuant to the 5th of section R. 20-44-11 of the Post and Electronic Communications Code. The operator transmits the application directly to the National Frequency Agency and informs the Electronic Communications and Post Control Authority.
The operator respects the conditions described in the Decree No. 2002-775 of 3 May 2002 taken under the 12th of Article L. 32 of the Post and Electronic Communications Code and relating to the limit values of public exposure to electromagnetic fields emitted by equipment used in telecommunications networks or by radio installations.
5. Obligations arising from international agreements
relating to the use of frequencies
The operator respects the rules set out in the ITU Convention, the International Telecommunications Regulations, the Radiocommunication Regulations and the International Agreements. He informed the Authority of the provisions he took in this area.
In the local authorities of Saint-Martin and Saint-Barthélemy, the operator will have to respect the technical conditions defined in the agreement signed in December 2005 and implemented on 1 January 2006 between Anguilla, France and the Netherlands Antilles (1).
The operator respects, for the establishment of its network and the offer of its services, the mandatory provisions in force within the association of the GSM Memorandum of Understanding.
Done in Paris, 20 November 2008.
For the president:
The member of the college presiding at the meeting,
E. Bridoux
