Key Benefits:
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;
Considering the European Commission's decision 2008 / 411 / EC of 21 May 2008 on the harmonization of the frequency band 3,400-3,800 MHz for Earth systems to provide electronic communications services in the Community;
Given the Post and Electronic Communications Code, including its articles L. 97-2 and R. 52-3-1 to R. 52-3-6 ;
See?11 August 2006 the content of the application for permission to operate frequency assignments to satellite systems and satellite system information;
Given the March 30, 2007 decision authorizing Alcatel Mobile Broadcast to operate frequency assignments for the AMB satellite system at orbital position 10° Is;
Considering the decision of 30 October 2008 amending the national frequency band distribution table;
Considering the letter from Eutelsat SA dated 5 September 2008, accompanied by the application for permission to operate frequency assignments for a satellite system at orbital position 10° Is received by the National Frequency Agency;
Considering the referenced letter ANFR / DPSAI / DROS / 08-0669 / JC of the National Frequency Agency dated 28 October 2008 containing the request of Eutelsat SA;
Considering the referenced letter ANFR / DPSAI / DROS / 08-0728 / JC of the National Frequency Agency dated November 19, 2008 sending a copy to the Mail Authority of October 3, 2008 of Alcatel-Lucent requesting the repeal of the authorization to operate frequency assignments at position 10° Is covered by the order of 30 March 2007;
After deliberating on 4 December 2008,
1. Legal framework of this notice
This notice is issued as part of the implementation of the provisions of 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 September 5, 2008, Eutelsat SA filed with the National Frequency Agency a request for permission to operate frequency assignments for a satellite system at orbital position 10° East.
In accordance with the procedure provided for in Article L. 97-2 of the Post and Electronic Communications Code, the Authority, as an agent of the frequency bands concerned, was seized by the National Frequency Agency by a letter dated 28 October 2008, supplemented by the letter dated 19 November 2008.
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 Article L. 42-1 of the above-mentioned code in particular with regard to the criterion of the correct use of frequencies.
By e-mails dated 28 October and 19 November 2008 referred to above, the National Frequency Agency notified the Authority of the request to repeal frequency assignments from Alcatel-Lucent Mobile Broadcast. The Autorité is therefore in a position to render an opinion on the request of Eutelsat SA, subject to the prior repeal of the above-mentioned decision of 30 March 2007.
2. Purpose of application for authority to operate frequency assignments
2.1. Frequency assignments
The application for authorization concerns assignments filed by the National Frequency Agency to the International Telecommunication Union on behalf of Eutelsat SA for the F-SAT-C-E-10E satellite network.
The application for authorization is made by Eutelsat SA.
Frequency assignments on which the authorization request is filed are listed in the following table.
| 5,725-6,700 MHz (Earth direction to space). 3 400-4 200 MHz (sens space to Earth). | F-SAT-C-E-10E | French territories located in regions 1 and 2 of the International Telecommunication Union. |
2.2. The satellite system
Frequency assignments at orbital position 10° East will be operated from March 2009 by W2A satellite, owned by Eutelsat SA. The satellite is currently under construction and is scheduled to launch in the first quarter of 2009. At this orbital C position, the satellite will provide capacity for the distribution of high-speed services and electronic communications.
The W2A satellite will carry ten C band repeaters that can be activated simultaneously, with a width of 72 MHz each. In the sense of space to Earth, the channels will be included in the sub-band 3 636-4 040 MHz, and in the sense Earth to space, the channels will be included in the sub-band 5 861-6 265 MHz.
3. Analysis of the Authority
In accordance with the decision of 30 October 2008 on the national table for the distribution of the above-mentioned frequency bands, the AMF is affected in the frequency bands of the assignments concerned by the application of Eutelsat SA.
Although the F-SAT-C-E-10E satellite network, deposited at the ITU on behalf of Eutelsat SA, covers the entire sub-band 5,725-6,700 MHz in the Earth-to-space direction, the AMF notes that the W2A satellite frequency plan will be limited to the use of sub-band 5,850-6,700 MHz in the Earth-to-space sense.
3.1. Band 5 850-6 700 MHz,
Earth direction to space, ITU regions 1 and 2
In regions 1 and 2, the AMF is an affective band of frequencies 5,850-6,725 MHz, including the possibility of fixed primary satellite service ( Terre-to-space sense).
The Authority does not issue any reservations regarding these summonses.
3.2. Band 5 725-5 850 MHz,
Earth direction to space, ITU regions 1 and 2
Pursuant to the Radio Regulations of the International Telecommunication Union, in Region 1, the band 5 725-5 850 MHz is allocated to fixed satellite services ( Terre-to-space sense), radiolocation, amateur and satellite amateur and in Region 2, this sub-band is allocated to radiolocation and satellite amateur services.
In France, the AMF is an affectary of the frequency band for amateur secondary services. The Ministry of Defence is on the other hand for the primary radiolocation service. To date, the need to use this band to provide a fixed satellite service has not been expressed; so the allocation of the band to this service is not implemented.
Therefore, at this stage, the use of this frequency band by Eutelsat SA would not be in compliance with the regulations in force in France. Such use in national territory should be subject to an order amending the national frequency band distribution table.
3.3. Band 3 400-4 200 MHz,
space direction to Earth, ITU regions 1 and 2
Band 3 400-3 800 MHz
In regions 1 and 2, the AMF is the frequency band 3,400-3,800 MHz for fixed, fixed-satellite services (space-to-earth sense) and mobile except aeronautical mobile.
In France, the development of the 3,400-3,800 MHz band for fixed-satellite applications is not compatible with the introduction of local radio loop networks, already widely engaged. The band 3,400-3,800 MHz was the subject of the above-mentioned Community Decision on Harmonisation for Earth systems to provide electronic communications services in this band.
Thus, the implementation of any new Earth station in France in the 3,400-3,800 MHz band is not possible.
Band 3 800-4 200 MHz
In regions 1 and 2, the AMF is an exclusive frequency band of 3,800-4,200 MHz for fixed and fixed satellite services (sensitivity space to Earth).
The Authority does not issue any reservations regarding the sub-band of frequencies 3 800-4 200 MHz.
This notice will be forwarded to the National Frequency Agency and to the Minister of Economy, Industry and Employment. It will be published in the Official Journal of the French Republic.
Done in Paris, December 4, 2008.
The member of the Authority presided over the session
in the absence of the president,
E. Bridoux
