Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Considering the code of posts and electronic communications, 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. 98-12 and D. 406-5 to D. 406-17;
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;
Vu le 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 limits of public exposure to electromagnetic fields emitted by equipment used in telecommunications networks or by radio installations;
Vu le Decree No. 2007-1532 of 24 October 2007 amended with respect to royalties for the use of radio frequencies due by licensees for the use of frequencies issued by the Electronic Communications and Post Regulatory Authority;
Considering the June 25, 2009 decision amending the national frequency band distribution table;
In view of the decision of 15 January 2010 of the application of Article D. 98-6-2 of the Post and Electronic Communications Code relating to the publication of information on the coverage of the territory by the electronic communications services published on 17 January 2010 in the Official Journal of the French Republic;
Considering Decision No. 2005-1083 of the Electronic Communications and Post Regulatory Authority dated 8 December 2005 specifying the rights and obligations concerning operators providing GSM or IMT-2000 services;
In view of Decision No. 2007-0634 of 12 July 2007 authorizing the Radiotelephone Reunion Corporation to use frequencies in the 900 MHz bands and 1,800 MHz bands to establish and operate an open-ended radio network in the Reunion Department;
In light of Decision No. 2008-1212 of 20 November 2008 setting the conditions for the renewal of the licence to use frequencies in the 900 MHz and 1,800 MHz bands of the Radiotelephone Reunion Corporation;
In view of the public consultation on the renewal of the GSM authorizations of Digicel AFG, the Reunion Society of Radiotelephone (SRR) and Orange Caribbean launched in July 2008 by ARCEP;
Considering the synthesis of contributions received to the public consultation on the renewal of the GSM authorizations of Digicel AFG, SRR and Orange Caraïbe, published on October 14, 2008;
Having regard to the application by the Radio-telephone Renewal Corporation for its Frequency Use Licence to 900 and 1,800 MHz;
Having regard to the letter from the Société réunionnaise du radiotéléphone dated 11 February 2010 in response to the letter from the Autorité dated 4 February 2010;
After deliberating on 18 February 2010,
On the following grounds:
Legal framework
The Reunion Society of Radiotelephone (SRR) 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 Reunion Department pursuant to Decision No. 2007-0634 of 12 July 2007 referred to above. This authorization is valid until February 23, 2010.
The result of the responses to the public consultation launched in July 2008 is that the Authority is able to propose the renewal of the GSM authorization of the SRR by retaining the amount of frequencies and with a strengthening of the service supply, coverage and quality of service obligations.
On the basis of these elements, ARCEP notified the SRR in November 2008 of the conditions for the renewal of its authorization, which are the subject of Decision No. 2008-1212 dated November 20, 2009.
Following the application by the Société réunionnaise du radiotéléphone for renewal, this decision is intended to renew its licence to use frequencies in the 900 MHz bands and 1,800 MHz bands in the La Réunion department.
Contents of authorization
Frequency assignments defined in Decision No. 2007-0634 are repeated. This authorization is consistent with the previous authorization.
The main new provisions of the authorization relate to:
– an expanded service offering to interpersonal mail and a package data transfer service;
- an enhanced coverage obligation;
– the requirements of conditions of permanence, quality and enhanced availability.
an obligation of transparency regarding the publication by the operator of information relating to the coverage of the territory of its radio network.
The provisions of this authorization shall be added to the rights and obligations associated with the activity of an electronic communications operator, as provided for in Article L. 33-1 of the Post and Electronic Communications Code. These rights and obligations are defined in articles D. 98 to D. 98-12 of the Post and Electronic Communications Code and in the above-mentioned decision No. 2005-1083.
Decides:
The Société réunionnaise du radiotéléphone (SRR), registered in the register of trade and companies of Saint-Denis in La Réunion under number 393 551 007 and whose head office is located at 21, rue Pierre-Aubert, ZI du Chaudron, 97490 Sainte-Clotilde, La Réunion, is authorized to use the frequencies assigned to it in section 2 of this decision in 800
The frequencies assigned to the Radiotelephone Reunion Corporation on the attribution date of this authorization shall, in accordance with the definitions in Appendix 1, be as follows:
In the 900 MHz band:
| La Réunion | 63 to 124 |
| La Réunion | 672 - 686 and 810 to 885 |
This authorization comes into force on February 24, 2010.
This authorization is valid until April 30, 2025.
This Frequency Use Authorization is subject to the licensee's compliance with the conditions set out in the appendices to this decision.
Amendments to the constituent elements of the application file for this authorization, and in particular those relating to the capital of the holder of the authorization, must be communicated promptly to the Authority in order to verify their compatibility with the conditions of the authorization.
The Director of Spectrum and Equipment Relations of the Autorité de régulation des communications électronique et des postes is responsible for the execution of this decision, which will be notified with all its annexes to the Société réunionnaise du radiotéléphone and published with all its annexes to the Official Journal of the French Republic.
A N N E X E 1 À LA DÉCISION N° 2010-0242 DU 18 FÉVRIER 2010
PRINCIPLES RELATING TO ATRIBUTION OF FREQUENCES IN BANDS 900 MHz 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 | Band 900 MHz (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 2 À LA DÉCISION N° 2010-0242 DU 18 FÉVRIER 2010
CAHIER DES CHARGES PRECISANT LES CONDITIONS D'UTILISATION
OF THE AUTHORIZED FREQUENCES IN THE 900 MHz BANDS 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 a second-generation radio network to the GSM standard 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 installations used in the operator's network comply with the standards published by ETSI, and 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 assigned to section 2 of this decision to provide electronic communications services to the public.
In particular, the operator must provide the following types of services:
- telephone service to the public;
at least one interpersonal mail service;
– at least one data transfer service in package mode.
1.3. Conditions of permanence, quality and availability
1.3.1. Network and services availability and quality
The operator must adhere to its coverage area of service quality obligations for telephone service to the public, interpersonal messaging services and data transfer in package mode on its radio network. Indicators are calculated for the use of portable terminals with a power of 1 or 2 watts.
For telephone service to the public
| Agglomeration success rate for communications inside and outside buildings for different types of uses | Higher than 90% |
For interpersonal mail service
| Message rate received within 30 seconds | Higher than 90% |
For the data transfer service in package mode
In order to take into account the maturation of data transfer services in package mode and the observed performance of fully charged technology, ARCEP will be able to define later, after consultation with the operator, the obligations regarding data transfer services in package mode.
1.3.2. Quality of Service Evaluation Survey
The operator supports the implementation of measurements on its service quality network. The measurements are carried out in accordance with a methodology defined by ARCEP.
The operator is associated with the definition of methodology.
The results of the surveys are transmitted to ARCEP and published annually according to a format defined by ARCEP.
1.4. Territory coverage
1.4.1. Coverage obligation
Effective February 23, 2011, the operator must provide 95% coverage of the population in the La Réunion department.
This coverage obligation is defined as the provision of services described in subsection 1.2 outside of buildings with portable terminals (power 1 or 2 watts).
1.4.2. Transparency
The operator is required to publish, annually and no later than 31 December, information on the coverage of the territory at a sufficiently fine level to reflect geographical and demographic diversity. The information is published in the form of a map accurately reporting the coverage area on each of the areas where the operator is authorized.
The operator transmits to ARCEP, each year before 31 January, the last published version of its coverage card, in a widely distributed and exploitable electronic format in a geographic information system. At the same time, it provides information on how to make the map available to the public as defined in the preceding paragraph.
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
This authorization ends on 30 April 2025.
Renewal conditions and any grounds for refusal of renewal of this authorization will be notified to the operator one year before this expiry.
An assessment of the use of spectrum in overseas departments and communities will be completed at the following three times:
30 June 2011;
June 30, 2016;
June 30, 2020.
This assessment will review the adequacy of frequency assignments with the needs of second or third-generation mobile operators in overseas departments and communities.
Based on the findings of this assessment, ARCEP may be required to redefine the distribution of frequency responsibilities, particularly in the 900 MHz band with a view to its reuse for the 3G, in order to ensure the fairness of frequency responsibilities between all second or third generation mobile operators in overseas departments and communities. In this case, ARCEP will therefore amend the decisions of permissions to use frequencies of all the operators concerned.
3. Royalties due by the licensee
Subject to subsequent regulatory changes, from the day on which the above-mentioned frequencies are assigned, the operator shall pay a fixed share, commensurate with the amount of frequencies assigned for the current year, payable before January 31, or the date on which the frequencies are made available for a new assignment, the amount calculated on the following scale:
915 € per year and per duplex channel available in the department of La Réunion;
This fee is calculated on a prorata temporis for the first and last year of the authorization.
4. Technical requirements to avoid harmful interference
and to limit public exposure to electromagnetic fields
4.1. Relations with the National Frequency Agency
The operator addresses directly to the National Frequency Agency its requests for the assignment of frequencies pursuant to the 4th of section 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.
4.2. Restrictions on frequency use
border areas
The use of radio spectrum by neighbouring countries may restrict the conditions of use of certain channels available to the operator. The operator respects border agreements in this area.
4.3. Conditions to limit public exposure
electromagnetic fields
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. It keeps ARCEP informed of its provisions in this area.
The operator respects, for the establishment of its network and the offer of its services, the provisions in force within the association of the GSM Memorandum of Understanding.
Done in Paris, February 18, 2010.
The president,
J.-L. Silicani
