Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Given the Post and Electronic Communications Code, including its Articles L. 32, L. 33-1, L. 42-1, R. 20-44-9, R. 20-44-11, D. 98 to D. 98-12 and D. 406-16 ;
Having regard to Decision No. 2007-0201 of the Electronic Communications and Post Regulatory Authority dated 27 February 2007 authorizing Digicel AFG to use frequencies in the 900 MHz bands and 1,800 MHz bands to establish and operate a radio network open to the public in the departments of Guadeloupe, Guyana and Martinique;
Having regard to Decision No. 2008-1211 of the Electronic Communications and Post Control Authority dated 20 November 2008 setting the conditions for the renewal of the frequency use authorization in the 900 MHz and 1,800 MHz bands of Digicel AFG;
Having regard to Decision No. 2009-0839 of the Electronic Communications and Post Regulatory Authority dated 5 November 2009 authorizing Digicel AFG to use frequencies in the 900 MHz and 1,800 MHz bands to establish and operate a radio network open to the public in overseas departments and communities;
After deliberating on 3 December 2009,
On the following grounds:
Digicel AFG is authorized to establish and operate a radio network open to the public at the GSM standard in the 900 MHz bands and 1,800 MHz in the departments of Martinique, Guadeloupe, Guyana and the communities of Saint-Martin and Saint-Barthélemy, pursuant to the above-mentioned decision No. 2007-0201. This authorization is valid until December 8, 2009.
ARCEP notified Digicel AFG in November 2008 of the conditions for the renewal of its authorization by the above-mentioned decision No. 2008-1211, which included a renewal of the frequency assigned by the above-mentioned decision No. 2007-0201.
An error of retranscription took place on the channels attributed to Digicel AFG in the 900 MHz band in the communities of Saint-Martin and Saint-Barthélemy, between the powers of decision No. 2007-0201 referred to above and the powers provided for in Decision No. 2008-1211 for renewal. This error has also been referred to in the above-mentioned decision No. 2009-0839, which will come into force on December 9, 2009.
This decision therefore amends the above-mentioned decision No. 2009-0839, correcting this retranscription error, to assign to Digicel AFG the channels previously assigned to it by the above-mentioned decision No. 2007-0201,
Decides:
The provisions of Article 2 of Decision No. 2009-0839 of 5 November 2009 referred to above are replaced by the following provisions:
“Art. 2. - The frequencies assigned to Digicel AFG, in accordance with the definitions in Appendix 1, are as follows:
- in the 900 MHz band:
| Martinique and Guadeloupe | 73 to 124 |
| Guyane | 92 to 124 |
| Saint-Barthélemy | 11 to 34 |
| Saint-Martin | 21 to 34 and 63 to 76 |
| Martinique, Guadeloupe, Guyane, Saint-Martin and Saint-Barthélemy | 777-826 |
The Director of the Regulation of Operators and Rare Resources of the Autorité de régulation des communications électronique et des postes is responsible for the execution of this decision, which will be notified to Digicel AFG and published in the Official Journal of the French Republic.
Done in Paris, December 3, 2009.
The president,
J.-L. Silicani
