Key Benefits:
The Electronic Communications and Postal Regulatory Authority,
Seen the directive 1998 /34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules on the services of the information society, and in particular Article 8 thereof ;
In view of Directive 1999 /5/EC of the European Parliament and of the Council of 9 March 1999 on hertzian equipment and telecommunications terminal equipment and the mutual recognition of their conformity, in particular its articles 3.2, 4.1 and 6;
In view of Directive 2009 /140/EC of the European Parliament and of the Council dated 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002 /19/EC on access to electronic communications networks and The associated resources and their interconnection, and 2002 /20/EC on the authorisation of electronic communications networks and services;
Having regard to Decision 676 /2002/EC of the European Parliament and of the Council of 7 March 2002 on a Regulatory framework for radio spectrum policy In the European Community;
In view of the European Commission Decision 2008 /477/EC of 13 June 2008 on the harmonisation of the frequency band 2 500-2 690 MHz for the Earth systems to provide services of Electronic communications in the Community;
In view of Decision 2009 /740/EC of the European Commission of 6 October 2009 granting France a derogation in accordance with Decision 2008 /477/EC on the harmonisation of the Frequency 2 500-2 690 MHz for terrestrial systems to provide services Electronic communications in the Community;
Given the postal code and electronic communications, and in particular Articles L. 32 (12 °), L. 2-1, L. 34-9, L. 34-9-1, L. 36-6 (3 °) and L. 42;
Seen decree n ° 2002-775 of 3 May 2002 taken pursuant to 12 ° of Article L. 32 of the Code of Posts and Telecommunications and relating to the limit values of public exposure to the Electromagnetic fields emitted by equipment used in telecommunications networks or by Radio facilities;
In light of the Prime Minister's amended Order dated December 22, 2008, relating to the national frequency band distribution table;
Due to the Electronic Communications Committee decision ECC/DEC (05) 05 As of 18 March 2005 on the harmonised use of the spectrum for IMT2000/UMTS systems operating in the band 2 500-2 690 MHz;
Due to the contributions to the public consultation of the ARCEP on the allocation of authorisations in the bands 800 MHz and 2.6 GHz, the synthesis of which was published on January 15, 2010, and Public consultation of the CBRA on the allocation of the 800 MHz and 2.6 GHz frequency bands for the deployment of broadband mobile networks that ended on September 13, 2010;
In view of the opinion of the dividend commission Of 11 May 2011 concerning the conditions for the allocation of authorisations for the use of the frequencies allocated to electronic communications services within the framework of the national scheme for the re-use of the frequencies released by Termination of analog distribution;
The Advisory Committee on Electronic communications accessed on May 30, 2011;
After deliberation on May 31, 2011,
For the following reasons:
1. On the legal framework
The European Commission adopted Decision 2008 /477/EC of 13 June 2008 on the harmonisation of the frequency band 2 500-2 690 MHz for the Earth systems to provide services of Electronic communications in the Community.
The decision leaves to the assessment of the Member States the addition of certain details concerning the technical conditions for the use of the frequencies of the band 2 500-2 690 MHz, as well as more Low.
In accordance with the provisions of Article L. 36-6 (3 °) of the Postal Code and Electronic Communications (CPCE), " The Electronic Communications and Postal Regulatory Authority shall specify the rules concerning [...] the conditions for the use of the frequencies and frequency bands referred to in Article L. 42; [...] Decisions taken in application Of this Article, after approval by the Minister responsible for electronic communications, published in the Official Journal ".
Article L. 42 of the CPCE provides that" For each of the frequencies or bands of radio frequency assigned to it pursuant to Article L. 41, the Authority [...] shall, under the conditions laid down in Article L. 36-6: [...] 2 °) the technical conditions for the use of the frequency or frequency band ".
An order of the Prime Minister of 25 June 2009, taken on the basis of Article L. 41 of the CPCE, has come to amend the national table of Frequency band distribution (TNRBF) by which the Authority is assigned to the exclusive status of the frequency band 2 500-2 690 MHz.
It follows from the foregoing that the Authority has jurisdiction on the basis of Articles L. 36-6 (3 °) and L. 42 (2 °) of the CECP to specify the conditions for the use of band frequencies 2 500-2 690 MHz.
Accordingly, this Decision, taken on the basis of the above articles, is intended to implement in domestic law the decision of the European Commission 2008 /477/EC of 13 June 2008 on the harmonisation of the band Frequencies 2 500-2 690 MHz for the Earth systems enabling the provision of electronic communications services in the Community.
This Decision has been submitted to the Advisory Committee on Electronic Communications for an opinion May 30, 2011.
This decision will be published in the Official Journal of the French Republic after approval by the Minister responsible for electronic communications in the form of an order as provided for in Article L. 36-6 of the CPCE.
Pursuant to Directive 1998 /34/EC of the European Parliament and of the Council in On 22 June 1998, this decision shall be notified to the European Commission.
In addition, the use of the spectrum must comply with the essential requirements as defined in Article L. 32 of Article L. 32 of the Code of Posts and Communications. Electronic. In particular, it must comply with the applicable standards for exposure to radio frequencies resulting from Decree No. 2002-775 of 3 May 2002.
2. The conditions for the use of radio frequencies
Decision 2008 /477/EC of the European Commission of 13 June 2008 laid down the technical conditions to be implemented in the band 2 500-2 690 MHz and Leaves to the assessment of the Member States the determination of several technical parameters relating to the use of the frequencies of the band referred to above:
a) The frequency distribution of the band 2 500-2 690 MHz according to the frequency duplexing modes (FDD mode) (1) and time (TDD mode) (2);
b) The level of specific requirements in terms of the emission power of base stations in Unrestricted frequency blocks (3);
c) The retention of guard tape or small blocks in the subband used in time-duplexing mode (TDD mode).
These three points are specified in the following:
a) Frequency distribution of the band 2 500-2 690 MHz according to the so-called FDD or TDD modes.
Community decision 2008 /477/EC leaves to the discretion of the Member States the determination of the frequency distribution of the band 2 500-2 690 MHz according to the mode of duplexing (FDD mode) and time (TDD mode).
Annex 1 of ECC/DEC/( 05) 05 adopted by the European Conference of Postal and Telecommunications Administrations (CEPT) calls for a harmonised plan for the European level of assigning to the FDD subbands 2 500-2 570 MHz and 2 620-2 690 MHz and TDD mode the sub-band 2 570-2 620 MHz. The purpose of this harmonized plan is to allow network operators to benefit from scale factors and users to access telecommunications services in situations of travel abroad. Most of the countries of the European Union that have already set the conditions for the use of the band 2 500-2 690 MHz (to date: Sweden, Finland, Denmark, Germany, Austria) have retained this allocation. The Netherlands has chosen a different approach, which is to leave the choice of the distribution between the FDD and the TDD modes to the players and the latter have opted for the plan harmonised by ECC/DEC/( 05) 05. In addition, on the occasion of the public consultation of the ARCEP on the allocation of authorizations in the 800 MHz and 2.6 GHz bands, the synthesis of which was published on January 15, 2010, the majority of respondents considered it preferable to The distribution of the spectrum in accordance with the harmonised plan of decision ECC/DEC/( 05) 05.
On the basis of these elements, the ARCEP decided to adopt the plan harmonised by ECC/DEC/( 05) 05.
b) Level of specific requirements in terms of Emission power of base stations in non-frequency blocks Restricted.
Technical parameters called " Block Edge Mask " (BEM), to ensure coexistence, in the absence of bilateral or multilateral agreements between neighbouring networks, are set out in the Annex to European Commission Decision 2008 /477/EC of 13 June 2008.
Table 2 in Part B Annexed to this Decision, however, leaves the Member States the possibility to raise the emission power level of the base stations from 61 dBm/5 MHz to 68 dBm/5 MHz, in accordance with the European Commission's report 19 of the ECPT. The development of the least restrictive technical conditions. According to some stakeholders who responded to the public consultation of the ARCEP mentioned above, the relaxation of the maximum power level could improve the network coverage and facilitate the implementation of techniques for reaching Higher flows. However, this increase in the level of power has not been the subject of consensus among the players.
This Decision provides that the ceiling of 61 dBm/5 MHz shall apply, unless there is an agreement between all the users of the spectrum concerned on a A higher level compatible with the provisions of Commission Decision 2008 /477/EC of 13 June 2008.
This Decision does not preclude the provisions of Community Decision 2008 /477/EC which provide that Network operators are free to enter into bilateral agreements or To define less binding technical parameters and, if all the parties concerned agree, so that they can be used in a manner compatible with Community decision 2008 /477/EC.
(c) Fixation Band of custody or small blocks in the subband used in time-duplexing mode (TDD mode).
The provisions of Community Decision 2008 /477/EC leave the possibility for Member States to set guard bands (unused frequencies) or restricted frequency blocks, for the purpose of To ensure coexistence between adjacent FDD and TDD blocks or adjacent non-synchronized TDD blocks. The power levels for possible small blocks are specified in the annex to Decision 2008 /477/CE.
This Decision does not provide for a restricted block in the 2.6 GHz band. On the other hand, such limited frequency blocks or guard bands could, if necessary, be subsequently provided for in the TDD (2 570-2 620 MHz) portion of the band 2 500-2 690 MHz. In this case, the PFRA would complete this decision to clarify this point.
3. Reminder of the modalities for the processing of
jams between uses regularly authorised
Beyond the technical conditions for the use of the subject frequencies of this decision, it seems useful to recall the legal framework Applicable to the resolution of possible cases of residual interference between uses regularly authorised and in accordance with their conditions of authorisation.
Pursuant to Article L. 43 of the CPCE, the establishment of radio stations by Electronic communications operators is Subject to the agreement of the National Frequency Agency (ANFR) or to a simple declaration, in accordance with Article R. 20-44-11 (5 °) of the CPCE, when the radio station has a power level less than 5 watts (4).
In addition, In accordance with Article R. 20-44-11 (4 °) of the ECCC, the data necessary for the recording of the frequency assignments in the national frequency file (FNF) shall be transmitted to the ANFR, which shall ensure its maintenance and updating.
These The provisions of the CECP provide the framework within which the NFR will Conditions laid down in Article R. 20-44-11 (10 °) of the CPCE, the possible cases of interference which arise in spite of the application of the preventive technical conditions laid down in this
. The provisions of Chapter II, section 6, of the decree on the national distribution of frequency bands adopted by the Prime Minister under which " In the case of persistent interference between two subpoenas which have been the subject of favourable conclusions in terms of registration in the national frequency file (in cases where each complies with the technical criteria and the conditions mentioned In the recordings), it is the operator of the last recorded assignment who must stop the interference ".
The provisions of Chapter II, section 6 of the Order relating to the national distribution table for the frequency bands Arrested by the Prime Minister also provide for the establishment of a Interference processing commission. This commission " Is responsible for the study of particular cases of interference which could not be solved by the ANFR technical services' And " It proposes, in consultation with its members and in agreement with the stakeholders involved, solutions to the interference cases it considers ",
Decides:
Purpose of the decision
The technical conditions for use in metropolitan France of the band 2 500-2 690 MHz are defined By Decision 2008 /477/EC of the European Commission dated 13 June 2008 and specified in Articles 2 and 3 of this Decision.
Frequency Plan.
Sub-bands 2 500-2 570 MHz and 2 620-2 690 MHz is used in frequency duplexing mode (FDD mode) and the 2 570-2 620 MHz subband is used in time-duplexing mode (TDD mode).
Maximum emission power within a block.
In the band 2 620-2 690 MHz, the maximum emission power level (equivalent effective isotropic radiated power, PIRE) of a base station within a Block is set at 61 dBm/5 MHz, unless otherwise agreed, between users of On a higher level compatible with the provisions of Decision 2008 /477/EC of the European Commission of 13 June 2008.
Enforcement of the decision.
The Director General of the Regulatory Authority for Electronic Communications and posts is responsible for the implementation of this Decision, which will be published in the Official Journal of the French Republic, after approval by the Minister responsible for Electronic communications.
Done at Paris, May 31, 2011The President
J.-L. Silicani
