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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 no.0035 of 11 February 2009 page 2430
text No. 47



Order dated 30 January 2009 amending the Order dated 21 September 2000 setting the conditions for obtaining operator certificates for amateur services, specifying the terms and conditions for the assignment and withdrawal of call signs and amending the Order of 17 December 2007 pursuant to section R. 20-44-11 of the Code of Electronic Positions and Communications and relating to the conditions for the establishment of certain radio stations and stations

NOR: ECEI0823404A ELI: http://www.legifrance.gouv.fr/eli/arrete/2009/1/30/ECEI0823404A/jo/texte


Minister of Economy, Industry and Employment and Secretary of State for Industry and Consumer Affairs, Government spokesman,
Having regard to the Constitution and convention of the International Telecommunication Union, including articles 19 and 25 of the Radio Regulations annexed thereto;
Vu la Organic Law No. 99-209 of 19 March 1999 amended on New Caledonia;
Vu la Act No. 2004-192 of 27 February 2004 bearing the status of autonomy of French Polynesia;
Given the Post and Electronic Communications Code, including 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 (3°) ;
Vu la Act No. 55-1052 of 6 August 1955 amended to include French Southern and Antarctic Lands and Clipperton Island;
Vu la Act No. 61-814 of 29 July 1961 amended conferring on the Wallis and Futuna islands the status of overseas territory;
Considering the Financial Law (No. 86-1317 of 30 December 1986) for 1987 as amended, including its article 45 ;
Vu la Act No. 2001-616 of 11 July 2001 relating to the organization of Mayotte, including its article 2;
Vu le Decree No. 66-811 of 27 October 1966 transferring to the Minister positions and telecommunications of the Minister of State assignments in respect of posts and telecommunications in the Overseas Territories;
Vu le Decree No. 2002-775 of 3 May 2002 taken under the 12th of Article L. 32 of the Post and Telecommunications Code and relating to the limit values of public exposure to electromagnetic fields emitted by equipment used in telecommunications networks and by radio installations;
In view of the decision of 21 September 2000 setting the conditions for obtaining certificates of operator of amateur services;
Having regard to the decision of 24 October 2001 specifying the conditions for the use of radio-minder facilities in New Caledonia, French Polynesia and overseas territories;
See?17 December 2007 pursuant to section R. 20-44-11 of the Post and Electronic Communications Code and on the conditions for the establishment of certain radio facilities and stations;
Having regard to Decision No. 97-452 of the Telecommunications Regulatory Authority dated 17 December 1997, as amended, assigning frequency bands for the operation of radio amateur facilities;
Considering Recommendation T/R 61-01 of the European Conference of Postal Administrations and Telecommunications;
Considering Recommendation T/R 61-02 of the European Conference of Postal Administrations and Telecommunications;
Having regard to the receipt of the National Commission on Informatics and Freedoms dated 18 September 2008 bearing the number of declaration 1285440;
See?opinion of the Autorité de régulation des communications électronique et des postes dated 11 September 2008 ;
In light of the opinion of the Radiocommunication Advisory Commission dated 2 July 2008,
Stop:

Article 1 Learn more about this article...


The title of the above-mentioned Order of September 21, 2000 is replaced by the following title:
"Agreed setting the conditions for obtaining operator, attribution and withdrawal certificates from amateur service providers."

Article 2 Learn more about this article...


Section 1 of the above-mentioned Order of September 21, 2000 is as follows:
"Art. 1st. ― The operation of radio facilities operating on the frequencies assigned to the amateur and amateur satellite services is subject to the possession of an operator's certificate and the use of a personal call sign issued under the conditions of this Order. »

Article 3 Learn more about this article...


Section 6 of the above-mentioned Order of September 21, 2000 is as follows:
“Art. 6. ― Operator certificates issued under the conditions set out in sections 2 to 4 of this Order are in accordance with the model set out in Appendix III. They indicate, where appropriate, their equivalence with the classes defined by the recommendations of the European Conference of Postal Administrations and Telecommunications (CEPT). »

Article 4 Learn more about this article...


Section 7 of the above-mentioned Order of September 21, 2000 is repealed and the following substituted:
“Art. 7. ― The call signs shall be assigned in accordance with the terms of the codification grid set out in Annex IV to this Order, on the basis of the principal tax domicile and on the presentation of a certificate of amateur service operator established on behalf of the applicant.
"The allocation of the code is subject to the prior payment of the applicable taxes. They remain the property of the state, they are not communicable. Unless noted by the administration, two-letter indexes that have become available are not reassigned. The notifications of assigned signs are consistent with the model in Appendix V. It is indicated the terms of use in reference to the provisions of Recommendation T/R 61-01 of the CEPT.
"In accordance with the provisions set out in Schedule IV, a temporary special indication may be assigned for use in accordance with the regulations of amateur services, previously declared and limited to fifteen days over a six-month period. The request for a special code is motivated. Special codes are reassignable. »

Article 5 Learn more about this article...


After Article 7 are inserted five articles as follows:
"Art. 7-1. ― Holders of an operator's certificate of amateur services equivalent to the operator's certificates defined in Article 2 of this Order, obtained in another Member State of the European Union, the European Conference of Post and Telecommunications Administrations (CEPT) or within the framework of a State-to-State reciprocity agreement are considered in the national territory as holders of the said operator's certificate.
"Art. 7-2. ― Subject to reciprocity with the countries concerned and to accompany his request for a copy of a document providing proof of his residence for more than three months in the national territory, of his operator certificate "HAREC" issued in accordance with recommendation T/R 61-02 referred to above and of the notification of his valid indication in his country of origin, and possibly of a document issued by an administration providing the minute
" – a radio amateur from a Member State of the European Union installed in France, for a stay of more than three months, can obtain a temporary French indication (indicative "F n Vxy");
" – a radio amateur from a country applying reciprocity, in the framework of agreements negotiated by international organizations to which France participates (CEPT) or in the framework of a state-to-state agreement with France, can obtain for stays more than three months a temporary indication (F n Wxy).
"Broadcasters from a Member State of the European Union or a country applying reciprocity with France, in the framework of agreements between international bodies recognized by France (CEPT) or a State-to-State agreement, are exempted from making this request for stays less than three months. They use the personal code of their country of origin preceded by the prefix of France (F) followed if necessary by the sub-location letter and a fractional bar (e.g.: F / 7X2xy).
"Without special agreement between France and the country concerned, only the operator certificates of amateur services of a level equivalent to classes 1 and 2 defined in this Order are the subject of the aforementioned reciprocity measures.
Art. 7-3. ― In the event of a breach of the regulations applicable to the radio stations of amateur services, the designation assigned by the administration may be suspended for a maximum of three years or revoked. The decision to suspend or revoke is motivated, commensurate with the gravity of the breach and notified to the interested party. It is taken, as part of an adversarial procedure, by the administrative authority which issued the sign to its initiative, on the proposal of the National Frequency Agency, the Electronic Communications Regulatory Authority and Posts, departmental departments responsible for public security, justice, national defence or for reports of offences transmitted by foreign administrations or specialized international bodies.
Art. 7-4. ― The licensee may request the voluntary suspension of its indicative. The duration is limited to ten years. The application for suspension is addressed to the National Frequency Agency which acknowledges receipt.
Art. 7-5. ― The official directory of authorized radio code is managed and published by the National Frequency Agency. It includes the names, names, indications and addresses of authorized radio amateurs. Any radio amateur may object at any time to what is listed in the above-mentioned directory, with the exception of their personal information. In this case, a new indicator with the same alphanumeric structure can be assigned. »

Article 6 Learn more about this article...


Section 8 of the above-mentioned Order of September 21, 2000 is replaced by two articles as follows:
"Art. 8.-The operator certificates, call signs and CEPT licences are issued:
“– in New Caledonia and French Polynesia by the High Commissioner of the Republic;
"– in Wallis-et-Futuna and in the French Southern and Antarctic Lands, by the senior administrator.
"Art. 8-1.-A reservation to the contrary or specific provision, this Order is applicable to Mayotte, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, French Southern and Antarctic Lands and Wallis and Futuna Islands. »

Article 7 Learn more about this article...


Annexes I and II to this Order are included as annexes IV and V to the above-mentioned decision of 21 September 2000.

Article 8 Learn more about this article...


Section 10 of the above-mentioned Order of September 21, 2000 is replaced by the following provisions:
"Art. 10.-The Director General of Companies and the Director General of the National Frequency Agency are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic. »

Article 9 Learn more about this article...


I. ― Section 5 of the above-mentioned 17 December 2007 order is replaced by the following provisions:
"Art. 5.-This Order applies only to stationary radio stations or installations. By derogation from the provisions of section 4, radio amateur radio facilities established pursuant to section L. 33-3 (1°) of the above-mentioned code, whose effective radiated power (ERP) is greater than 5 watts, shall be declared by the operator to the National Frequency Agency within two months from the date of their installation. The reported information is the geographic coordinates "WGS 84" of the radio facility, the maximum effective radiated power (ERP) in HF, VHF, UHF and SHF. »
II.- Radio amateurs shall comply with the provisions of this section within three months of the date of entry into force of this Order.

Article 10 Learn more about this article...


This Order shall enter into force three months after its publication.

Article 11 Learn more about this article...


The present order will be issued in the Official Journal of the French Republic.

  • Annex



    A N N E X E I
    “Annex IV. CODIFICATION OF INDICATORS
    MATERIAL SERVICES


    A guide to amateur services consists of a prefixed letter, possibly a sub-location letter, a number and a suffix.



    You can consult the table in the
    JOn° 35 of 11/02/2009 text number 47




    A N N E X E I
    “Annex V


    Ministry of Economy, Industry and Employment
    Corporate Branch
    Ref/n°:


    Name and First Name
    Address
    Postal and Communal Code


    Ma'am, sir,
    In response to your request, please find your notification of an amateur service call sign. This personal information is assigned to you for a period of one year and will be re-translated to the public treasury, subject to the prior payment of applicable taxes. You can request the suspension for a maximum period of 10 years by registered letter.
    Please believe, ma'am, sir, in the assurance of my distinguished consideration.



    You can consult the table in the
    JOn° 35 of 11/02/2009 text number 47



Done in Paris, January 30, 2009.


Minister of Economy,

industry and employment,

Christine Lagarde

Secretary of State

responsible for industry and consumption,

Government spokesperson,

Luc Chatel






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