Arrested January 30, 2009, Amending The Decree Of 21 September 2000 Setting The Conditions For Obtaining Certificates Of The Amateur Services Operator, Specifying The Conditions Of Attribution And Withdrawal Of Call Signs And Changing Has...

Original Language Title: Arrêté du 30 janvier 2009 modifiant l'arrêté du 21 septembre 2000 fixant les conditions d'obtention des certificats d'opérateur des services d'amateur, précisant les conditions d'attribution et de retrait des indicatifs d'appel et modifiant l'a...

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JORF n ° 0035 February 11, 2009, page 2430 text no. 47 order of January 30, 2009, amending the Decree of 21 September 2000 setting the conditions for obtaining certificates of the amateur services operator, specifying the conditions of attribution and withdrawal of call signs and modification of the Decree of December 17, 2007, taken pursuant to article R. 20 - 44 - 11 of the code of posts and electronic and communications relating to the conditions of implementation of certain facilities and radio stations NOR : ELI ECEI0823404A: http://www.legifrance.gouv.fr/eli/arrete/2009/1/30/ECEI0823404A/jo/texte of the economy, industry and employment Minister and the Secretary of State for industry and consumption, the Government spokesman, saw the Constitution and convention of the International Telecommunication Union, and notably articles 19 and 25 of the radio regulations which are annexed.
Given the law modified organic No. 99-209 of 19 March 1999 relating to New Caledonia;
Given the law organic No. 2004-192 of February 27, 2004, on the status of autonomy of French Polynesia;
Saw the post and electronic communications code and, in particular, its articles L. 32, L. 33 - 2, L. 33 - 3, L. 41 - 1, L. 42, L. 42 - 4, L. 43, R. 20 - 44 - 11 (5 °), R. 20-44-11 (14 °), R. 20-44-25 and D. 406 - 7 (3rd);
See Act No. 55 - August 6, 1955 1052 changed status of austral lands and Antarctic French and Clipperton Island;
Given law No. 61-814 of 29 July 1961 changed giving the Islands Wallis and Futuna status of territory overseas;
Seen the finance law (No. 86 - 1317 of December 30, 1986) for 1987 amended, and in particular article 45;
See Law No. 2001-616 of 11 July 2001 on the Organization of Mayotte, and in particular article 2;
Considering Decree No. 66 - 811 of 27 October 1966 with transfer to the Minister of posts and telecommunications of the powers of the Minister of State for posts and telecommunications in territories overseas;
Given the Decree No. 2002-775 may 3, 2002, made under 12 ° of article L. 32 of the code of posts and telecommunications and relative to values limits public exposure to electromagnetic fields emitted by equipment used in telecommunications networks and radio installations;
Given the Decree of 21 September 2000 setting the conditions for obtaining certificates of the amateur services operator;
Given the Decree of October 24, 2001, specifying the conditions of utilistion of the facilities of radio amateurs in New Caledonia, French Polynesia and in the territories overseas;
Given the Decree of December 17, 2007 taken pursuant to article R. 20 - 44 - 11 of the code of posts and electronic and communications relating to the conditions of implementation of certain facilities and radio stations;
Given the decision No. 97-452 of the regulatory authority for telecommunications as of December 17, 1997 modified assigning spectrum for the operation of the facilities of radio amateurs;
Seen the recommendation T / R 61-01 of the European Conference of postal and telecommunications administrations;
Seen the recommendation T / R 61-02 of the European Conference of postal and telecommunications administrations;
Because of the receipt of the National Commission of computing and freedoms dated September 18, 2008, statement number 1285440;
Seen the advice the authority of regulation of electronic communications and posts dated September 11, 2008;
See the opinion of the advisory commission of the radio as of July 2, 2008, stop: Article 1 more on this article...

The title of the Decree of 21 September 2000 referred to above is replaced by the following: "stopped setting conditions for operator certificates, attribution and withdrawal of the amateur services codes.


Article 2 more on this article...

Article 1 of the Decree of 21 September 2000 referred to above shall be as follows: 'art. 1. ― operating radio installations running on the frequencies allocated to amateur and amateur services satellite is subject to possession of a certificate of operator and the use of a personal call sign issued under the conditions of this order. ' Article 3 learn more on this article...

Article 6 of the Decree of 21 September 2000 referred to above shall be as follows: 'art. 6 ― operator certificates issued under the conditions laid down in articles 2 to 4 of this order are consistent with the model set out in annex III. They indicate, as appropriate, their equivalence with the classes defined by the recommendations of the European Conference of post and telecommunications (CEPT) administrations. ' Article 4 more on this article...

Article 7 of the Decree of 21 September 2000 referred to above is repealed and replaced with the following: 'art. 7 — call signs are awarded according to the terms of the grid of codification in the annex IV of this order, on the basis of the main tax domicile and upon presentation of a certificate of operator services to amateur established on behalf of the applicant.
"The allocation of codes is subject to the prior payment of applicable taxes. They remain the property of the State, they are not transferable. Unless determined by the administration, to two-letter suffix codes become available are not reassigned. Notifications assigned codes are in accordance with the model shown in annex V. It is stated the terms of use with reference to the provisions of the recommendation T / R 61-01 CEPT.
"Enforcement provisions set out in annex IV, a temporary special code can be attributed for use, complies with the regulations of the amateur services, previously declared and limited to 15 days over a period of six months." Demand for special code is motivated. Special codes are reattribuables. ' Article 5 more on this article...

After article 7 are inserted five articles: 'art. 7-1. — holders of a certificate of operator of the amateur services equivalent to certificates of operator defined in article 2 of this stopped, obtained in another EU Member State European Conference European administrations of post and telecommunications (CEPT) or an agreement of reciprocity from State to State are considered in the country as holders of the licence of operator.
'Art. 7-2. — subject to reciprocity with the countries concerned and to accompany his request for a copy of a document providing proof of residence for more than three months on the territory of its operator certificate "HAREC" issued in accordance with the recommendation T / R 61-02 above and notification of target its ongoing validity in its country of origin , and possibly a document issued by an administration giving evidence of its jurisdiction over manual telegraphy (12 words per minute): "― a native radio amateur of a Member State of the European Union installed in France, for a stay of longer than three months, can get a french code temporary (code"F n Vxy");
"― a native radio amateur of a country applying reciprocity, under agreements negotiated by international bodies in which the France participates (CEPT) or an agreement from State to State with the France can get a temporary (F n Wxy) code for stays longer than three months.
"From a State member of the Union radio amateurs European or a country applying reciprocity with the France under agreements between international organizations recognized by France (CEPT) or agreement from State to State, are exempt from this request for stays of less than three months." They use the personal code of the country of origin preceded by the prefix of the France (F) follow-up if necessary letter of sous-localisation and a slash (e.g.: F / 7X2xy).
"Unless special between the France and the country concerned, only certificates of operator services to amateur to a level equivalent to classes 1 and 2 defined in this order are the subject of the above measures of reciprocity.
Art. 7-3. — breach of the rules applicable to radio stations in the amateur services, code assigned by the directors may be suspended for a maximum period of three years or revoked. The decision of suspension or revocation is motivated, proportionate to the seriousness of the breach, and notified to the person concerned. It is taken, in the context of adversarial proceedings, by the administrative authority which issued the code on its own initiative, on the proposal of the national frequencies, electronic communications regulatory authority and positions, departmental departments of public safety, justice, national defence or in view of reports of violations transmitted by foreign Governments or international organizations specialized.

Art. 7-4. — the holder may request the voluntary suspension of its code. The duration is limited to ten years. The request for suspension is addressed to the national agency of frequencies that acknowledges receipt.
Art. 7-5. — the official directory of the authorized amateur radio callsigns is managed and published by the national agency of frequencies. It includes the names, first names, indicative and addresses authorized amateur radio operators. Any amateur can oppose to what can be found in the aforementioned directory personal information at any time about them, except for their personal code. In this case, a new area code with the same alphanumeric structure can be attributed. ' Article 6 learn more on this article...

Article 8 of the Decree of 21 September 2000 referred to above is replaced by two articles as well: 'art. 8 - operator certificates, call signs and CEPT licenses are issued: "― in New Caledonia and French Polynesia by the High Commissioner of the Republic;
"― in Wallis-and-Futuna and Austral land and French Antarctic, by the senior administrator.".
'Art. 8 - 1.-A subject to contrary or specific provision, this order is applicable to Mayotte, St. Pierre and Miquelon, New Caledonia, French Polynesia, in the Austral lands and in the islands of Wallis and Futuna and French Antarctic. ' Article 7 learn more on this article...

Are inserted the annexes I and II of this order as annexes IV and V of the Decree of 21 September 2000 referred to above.


Article 8 more on this article...

Article 10 of the Decree of 21 September 2000 referred to above is replaced by the following: 'art. 10. - general manager of business and Executive Director of the national agency of frequencies are responsible, each which is concerned, of the execution of this order, which will be published in the Official Journal of the French Republic. ' Article 9 learn more on this article...

I. ― article 5 of the Decree of December 17, 2007 referred to above is replaced by the following: 'art. 5. - this order applies only to the stations or fixed radio facilities. Notwithstanding the provisions of article 4, the radio amateur installations established pursuant to article L. 33 - 3 (1) of the above-mentioned code, whose apparent power radiated (PAR) is greater than 5 watts, are reported by the operator to the national agency of frequencies within a period of two months from the date of installation. «The reported information are geographic coordinates "WGS 84" of the radio installation, the maximum effective radiated power (BY) in HF, VHF, UHF and SHF.»
II. - Radio amateurs are in accordance with the provisions of this article within a period of three months after the date of entry into force of this order.


Article 10 more on this article...

This order comes into force three months after its publication.


Article 11 more on this article...

This order will be published in the Official Journal of the French Republic.

Annex N N E X E I 'ANNEX IV. ― GRID OF CODIFICATION OF CODES OF SERVICES of AMATEUR indicative of the amateur services consists of a prefix letter, possibly a letter of sous-localisation, a number and a suffix.
You can see the table in the JOn ° 35 11/02/2009 text number 47 A N N E X E I I ' ANNEX V Ministry of economy, industry and employment branch companies Ref / certificate No.: name and first name address postal Code town Madam, Sir, in response to your request, please kindly present your notification of call sign of the amateur services.» This personal code you is awarded for a period of one year and shall be renewed tacitly, subject to the prior payment to the Treasury of applicable taxes. You can ask his suspension for a maximum period of ten years by registered letter.
I pray you to believe, Madam, Sir, the assurance of my distinguished consideration.
You can see the table in the JOn ° 35 from 11/02/2009 text number 47 in Paris, January 30, 2009.
The Minister of economy, industry and employment Christine Lagarde the Secretary of State for industry and Consumer Affairs, Government spokesman, Luc Chatel

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