Decision N ° 2011 - 0599 May 31, 2011, Laying Down The Conditions For Use Of The Radio Spectrum For The Terrestrial Systems Capable Of Providing Electronic Communications Services In The Band Of Frequencies 790-862 Mhz In F...

Original Language Title: Décision n° 2011-0599 du 31 mai 2011 fixant les conditions d'utilisation des fréquences radioélectriques pour des systèmes de Terre permettant de fournir des services de communications électroniques dans la bande de fréquences 790-862 MHz en F...

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JORF n ° 0137 June 15, 2011 text no. 94 Decision No. 2011-0599 May 31, 2011, laying down the conditions for use of the radio spectrum for systems of land to provide for electronic communications services in the band of frequencies 790-862 MHz in metropolitan France NOR: ARTL1115336S ELI: not available the electronic communications regulatory authority and positions Having regard to directive 1998/34/EC of the European Parliament and of the Council dated June 22, 1998, providing an information procedure in the field of standards and technical regulations and rules on information society services, in particular article 8 thereof;
Having regard to directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, and in particular articles 3.2, 4.1 and 6;
Having regard to directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending directives 2002/21/EC on a common regulatory framework for networks and services of electronic communications, 2002/19/EC on access to electronic communications networks and resources as well as associated with their interconnection, and 2002/20/EC relating to the authorisation of networks and electronic communications 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 in the European Community policy;
Having regard to decision 2010/267/EU of the European Commission dated May 6, 2010, on the harmonization of the technical conditions of use of the 790-862 MHz band for terrestrial systems capable of providing electronic communications services in the European Union;
Saw the post and electronic communications code, and in particular articles L. 32 (11 °, 12 °), L. 34 - 9, L. 34-9-1, L. 36 - 6 (3rd), L. 42, L. 43 and R. 20-44-11;
Mindful of Decree No. 2002-775 3 May 2002 made under 12 ° of article L. 32 of the code of posts and telecommunications and relative to the values the public exposure limits for electromagnetic fields emitted by equipment used in telecommunications networks or radio installations;
Considering the Decree of 22 December 2008 approving the national plan of frequency reuse released by stopping analog broadcasting;
Having regard to the order of the Prime Minister dated December 22, 2008 as amended relating to the national table of frequency allocations;
Having regard to decision ECC/DEC (09) 03 dated 30 October 2009 on the harmonised conditions for communications mobile/fixed systems in the band 790-862 MHz;
Having regard to the particular agreement between the Ministry of defence and veterans and the ARCEP on the transitional use of the 800-831 MHz by the systems of defence dated July 23, 2010;
Having regard to the contributions to the consultation of the ARCEP on assigning permissions in the bands 800 MHz and 2.6 GHz, which was completed June 15, 2009, and the public consultation of ARCEP on the rules for granting of the bands 800 MHz and 2.6 GHz for the deployment of mobile broadband which was completed on September 13, 2010;
Having regard to the opinion of the Conseil supérieur de l'audiovisuel dated March 15, 2011;
Having regard to the opinion of the Committee of the digital dividend dated May 11, 2011 on the conditions of licensing for the use of frequencies for services of electronic communications in the context of the national plan for the re-use of the frequencies released by the shutdown of analog broadcasting;
The advisory commission on electronic communications has been accessed May 30, 2011;
After having deliberated on May 31, 2011;
For the following reasons: 1. on the framework legal the European Commission adopted decision 2010/267/EU of 6 May 2010 on the harmonization of the technical conditions of use of the 790-862 MHz band for terrestrial systems capable of providing electronic communications services in the European Union.
The decision leaves to the discretion of the Member States adding some details concerning the technical conditions of use of the spectrum in the band 790-862 MHz, as well as lowest presentation.
In accordance with the provisions of article L. 36 - 6 (3rd) Code postal and electronic communications (CPCE), «Accurate electronic communications and postal regulation authority rules concerning [...]» the conditions of use of frequencies and bands mentioned in article L. 42; [...] Decisions taken pursuant to this article shall, after approval by an order of the Minister responsible for electronic communications, published in the Official Journal".
Article L. 42 of the CPCE States that "for each frequency or radio frequency bands whose assignment has been entrusted to him pursuant to article 41, the authority [...] "fixed under the conditions laid down in article L. 36 - 6: [...] 2 ° the technical conditions of use of the frequency or frequency band.
An order of the Prime Minister dated December 22, 2008, taken on the basis of article L. 41 of the CPCE, came to amend the national band of frequencies (TNRBF) table in application of which the authority is receiving exclusive of the 790-862 MHz band as of December 1, 2011.
It follows from the foregoing that the authority has jurisdiction on the basis of articles L. 36 - 6 (3rd) and L. 42 (2 °) of the CPCE to clarify the conditions for use of the band 790-862 MHz frequencies.
Accordingly, this decision, adopted on the basis of the aforementioned articles, has to clarify the decision of the European Commission 2010-267/EU of 6 May 2010 on the harmonisation of technical requirements for the use of the band 790-862 MHz for terrestrial systems capable of providing electronic in the Union communications services European.
In accordance with article L. 36 - 6 of the CPCE, the draft decision was submitted for opinion to the Conseil supérieur de l'audiovisuel.
This decision was submitted for advice to the advisory commission on electronic communications may 30, 2011.
It 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 by article L. 36 - 6 of the CPCE.
Pursuant to directive 1998/34/EC of the European Parliament and of the Council of 22 June 1998, this decision is notified to the European Commission.
Furthermore, the use of the spectrum must comply with the essential requirements as defined in the 13 ° of article L. 32 of the post and electronic communications code. Therefore, it must particularly observe standards for exposure to radio waves resulting from Decree No. 2002-775 may 3, 2002.
2 frequency plan of the band 790-862 MHz the 267-2010-EU of the Commission decision of 6 May 2010 European advocates A-1 of its annex a management of frequencies in which the 791-821 MHz and 832-862 MHz Sub-bands are used in frequency division duplex (FDD mode) mode. In this frequency plan, duplex spacing is 41 MHz, transmission of the base (downlink) station is situated in the lower part of the band, which begins at 791 MHz and ends at 821 MHz, and the transmission of the end station (uplink) is situated in the upper part of the band, which begins at 832 MHz and ends to 862 MHz.
The decision European however introduced the possibility for Member States to implement other plans of spectrum in the 800 MHz band, for the purpose) to achieve objectives of general interest, b) to ensure better efficiency by a spectrum management based on the market, c) to ensure better efficiency during a shared use of existing during the coexistence period usage rights (,) or (d) to prevent harmful interference.
It appears that the application of the frequency plan proposed by European decision allows to give priority to a harmonised approach at European plan essential to ensure interoperability of services and to promote economies of scale on the industrial plan. The public consultation opened by the authority in March 2009 allowed to confirm this approach, since the majority of contributors have stated facilitate the adoption of harmonised spectrum plan.
ARCEP provides, by this decision, that the frequency of the 790-862 MHz band plan is the one mentioned by the European Commission decision 2010/267/EU.
3 protection of broadcasting this decision recalls, in its article 3, that users of frequencies are required, in accordance with the provisions of part 6 of chapter II of the order of the Prime Minister on the national distribution of the frequency bands table, to ensure the protection of reception of signals in adjacent bands, in compliance with the rules of aging between assignees. Users of the 790-862 MHz band are so obliged, within this framework, to ensure the protection of reception of signals in the 470-790 MHz broadcasting installations benefiting from the prior art within the meaning of the rules of this same order. In addition to this obligation of result, this decision provides the following provisions:

(a) limits of emission power off block in base station on frequencies below 790 MHz provided by European decision.
The abovementioned European Commission decision 2010/267/EU sets in table 4 of the Annex B, three options — referred to as cases A, B and C — corresponding to levels of basic requirement related to maximum powers out of band emitted in 790 MHz frequencies by operating in the band 790-862 MHz base stations.
Cases A, B and C referred to in the abovementioned EU-267-2010 decision can be applied per broadcasting channel or by region so that the same broadcasting channel can have different levels of protection in different geographical areas and different broadcast channels can have different levels of protection in the same geographic area.
Decision 2010/267/EC, requires that the basic in case A requirement is applied when digital terrestrial broadcasting channels are used at the time of the deployment of terrestrial systems capable of providing electronic communications services.
In other cases, i.e. when broadcasting channels concerned are not used at the time of the deployment of terrestrial systems capable of providing electronic communications services, it is left to the discretion of the Member States the choice of the implementation of the requirements of base among cases A, B or C.
The application of case A to provide the best level of protection for the current broadcast networks as well as maximum flexibility for future deployments of broadcast networks, which are being planned. In this regard, the establishment of digital terrestrial TV frequency plans falls within the competence of the higher Audiovisual Council, with which frequency users closer for more information.
In this context, this decision provides for terrestrial systems capable of providing electronic communications in the band 790-862 MHz shall comply with the emission limits associated with A case for all of the 470-790 MHz band and on the whole of the territory.
This provision thus generalizes to all digital broadcasting channels and the whole of the territory the more protective rules laid down by EU-267-2010 decision of the abovementioned European Commission for the protection of broadcasting;
b) impact studies at the establishment, transfer or modification of radio stations and further preventive measures relating to the protection of broadcasting.
The 790-862 MHz band spectrum users will need to have available, during the procedures laid down in article R. 20 - 44 - 11 (5 °) of code positions and electronic communications, an impact study on the risks of interference of broadcast in the 470-790 MHz band indicating the areas concerned and, where appropriate, a detail of the complementary preventive provisions taken to prevent these interference;
(c) treatment of residual harmful interference).
A user will need to take, in the best delays, any measures necessary in the event of interference to broadcast benefiting from the prior art within the meaning of the rules of the order of the Prime Minister on the national table of allocation of frequency bands, in order to restore the reception of the concerned audiovisual communication services whether through discontinuation of emission of interference or by any other appropriate means.
4. on the situation at the borders recital 8 of 267-2010-EU of the Commission decision European recalled that some Member States could be implemented in the band 790-862 MHz the technical conditions optimized for communications networks fixed and/or mobile, while other Member States still have radio broadcasting transmitters at high power operating in this band , and notes that the final acts of the regional radiocommunication conference for the of the international telecommunications Union, responsible for planning the service of digital terrestrial broadcasting in parts of regions 1 and 3, including in the bands 470-862 MHz (regional Agreement GE06), contain the necessary regulatory procedures for coordination at the borders.
Users are therefore required to take into account these elements and to comply with international agreements signed by the France. They are called to come closer to the national agency of frequencies for any information related to these agreements.
5. on the transitional provisions resulting from a need for the Ministry of defence and Veterans note F45a of the national table of frequency allocations States that, effective December 1, 2011, "the derogations that may be necessary after this date for the use of MXA by DEF should be determined in accordance with the ARCEP.»
The Ministry of defence and Veterans Affairs is implementing of equipment in the frequency band 804-862 MHz, which are expected to migrate to new frequencies by 2015. To meet the needs of transitional use of the Ministry of defence and veterans, a special agreement was signed on July 29, 2010 between ARCEP and the Ministry of defence and veterans.
This agreement includes provisions to ensure protection until July 1, 2015, of the band 804 385-830, 305 MHz frequencies used for training purposes on a set number of military camps (listed in schedules 1 and 2 of the present decision).
Moreover, the Ministry of defence and veterans can operate until 1 July 2015 four channels within the frequency band 823, 395-830, 305 MHz on a set number of training grounds of infantry regiments (listed in annex 3). In accordance with the abovementioned Agreement, in the event of interference found on systems of mobile networks deployed close to training camps, the Ministry of defence and veterans is committed to implement the necessary means to the reduction of this interference.
6. background of treatment modalities of interference between regularly permitted uses beyond the technical conditions for the use of frequencies, subject of the present decision, it seems useful to recall the legal framework for the resolution of possible cases of residual interference between uses regularly authorized and conforming to their conditions of authorisation.
Pursuant to article 43 of the CPCE, the establishment of radio stations by the operators of electronic communications is subject to the agreement of the National Agency for frequencies (ANFR) or a simple declaration, in accordance with article R. 20 - 44 - 11 (5 °) of the CPCE, when the radio station has a less than 5 watts (1) power level.
(1) article 1 of the Decree of December 17, 2007, taken pursuant to article R. 20 - 44 - 11 of the code of posts and electronic and communications relating to the conditions for the implementation of certain installations and radio stations.


De plus, in accordance with article R. 20 - 44 - 11 (4 °) of CPCE, the data required for registration to the national frequency assignments frequencies (FNF) file must be transmitted to the ANFR which ensures the maintenance and update.
These provisions of the CPCE are the framework in which will be educated, by the ANFR and under the conditions laid down in article R. 20 - 44 - 11 (10 °) of the CPCE, possible cases of interference that may arise despite the application of preventive technical conditions laid down in this decision.
Assuming where such a case arises, the terms of resolution are provided for by the provisions of chapter II, section 6, of the Decree on the national distribution table frequency bands stopped by the Prime Minister under which ' in case of interference persisted between two assignments that were the subject of findings favourable in terms of registration to the national frequency file (in the case where each meets the technical criteria and the conditions mentioned in the). records), it is the operator of registered assignment last which must put an end to the interference.
The provisions of chapter II, section 6, of the Decree on the national table of distribution of the frequency bands stopped by the Prime Minister are also planning the establishment of a commission for treatment of interference. This commission «is particularly responsible for the study of special cases of interference which could not be solved by the technical services of the ANFR» and «it offers in consultation with its members and in agreement with the involved parties owning of solutions to cases of interference that it examines».
Decided as follows: Article 1 object of the decision.
The technical conditions of use in metropolitan France of the 790-862 MHz band are defined by decision 2010/267/EU of the European Commission dated May 6, 2010 and specified in articles 2 and 3 of this decision.
These technical conditions are applicable as of December 1, 2011, in accordance with the Decree of 22 December 2008 approving the national plan for the re-use of the frequencies released by the shutdown of analog broadcasting.


Article 2 frequency Plan.
791-821 MHz and 832-862 MHz Sub-bands are used in mode of frequency duplexing (FDD mode), in accordance with A-1 of the annex to decision 2010/267/EC, the Commission European.



Article 3 read more on this article...

Protection of broadcasting.
Users of frequencies are obliged, in accordance with the provisions of the Decree of the Prime Minister on the national table of frequency allocations, to ensure the protection of reception of signals in adjacent bands, in compliance with the rules of aging between assignees. Users of the band 790-862 MHz frequencies are thus obliged, within this framework, to ensure the protection of reception of signals in the 470-790 MHz broadcasting installations benefiting from the prior art within the meaning of the rules of this same order.
At this title, base stations of terrestrial systems capable of providing of electronic communications services in the frequency band 790-862 MHz respect throughout the territory and in all of broadcasting channels of the band 470-790 MHz the maximum level of emissions comply with the case at defined in table 4 of the annex to decision B band 2010/267/EU of 6 May 2010 above.
Users of the band 790-862 MHz frequencies are at disposal, during the procedures laid down in article R. 20 - 44 - 11 (5 °) of code positions and electronic communications, an impact study on the risks of interference of the broadcasts in the 470-790 MHz band indicating the areas concerned and, where appropriate, a detail of additional preventive provisions taken to prevent such interference.
In case of interference broadcasting benefiting from the prior art within the meaning of the rules of the order of the Prime Minister on the national distribution of the frequency bands table, users of the band 790-862 MHz frequency take, as soon as possible, all necessary to restore the reception of the concerned audiovisual communication services whether through discontinuation of emission of interference or by any other appropriate means.


Article 4 transitional provisions around the military camps.
Until the date of July 1, 2015, the field emitted in the frequency band 804, 385-830, 305 MHz by a base station shall not exceed a median level of 28 Dbuv/m in 1 MHz, 1.5 m of land within the perimeter of each military camp listed in annex 1.
Until the date of July 1, 2015, if a user wants to implement a base station whose field issued in the band 804, 385-830, 305 MHz is likely to exceed a median level 32 dBµV/m in 1 MHz to 1.5 m from the ground inside the perimeter of each military camp defined in annex 2, it must inform the ARCEP by mail with notice of fourteen months.


Article 5 of the decision.
Executive Director of the electronic communications regulatory authority and positions 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 in charge of electronic communications.

Annex N N E X E 1 list CAMPS military subject to the first paragraph of ARTICLE 4 CAMP of MANŒUVRE coordinates Department Bitche 49 ° 03 09 '' N - 007 ° 28 43 "E 57 Cavalry 44 ° 40 ' N - 003 ° 16 ' E 12 Mailly-le-Camp 10 00 48 ° 39 55" N - 004 ° 13 04 '' E 10 Canjuers 43 ° 38 47 '' N - 006 ° 28 05 "E 83 Mourmelon 49 ° 07 30 '' N - 004 ° 21 59 '' E 51 Sissonne 49 ° 34 08" N 003 ° 54 57 "E 02 A N N E X E 2 list CAMPS military subject to the SECOND subparagraph of ARTICLE 4 CAMP of MANŒUVRE coordinates Department Avon-les-Roches 47 ° 12 04 '' N - 000 ° 28 48 '' E 37 Beignon 47 ° 56. 56" N - 002 ° 09 26 "W 56 Caylus 44 ° 42 ' N - 001 ° 44 57" E 82 Fontevraud 47 ° 10 36 '' N - 000 ° 01 15 "E 49 La Courtine 45 ° 42 40" N - 002 ° 15 18 '' E 16
23 Nîmes (camp of the garrigues) 43 ° 10 ' N - 004 ° 22 34 '' E 30 Suippes 49 ° 07 37 '' N - 004 ° 05 ' E 51 Valdahon-Lyaut 47 ° 09 24 "N - 006 ° 19 25 '' E 25 A N N E X E 3 list of courses of training of REGIMENTS of infantry city of Garrison Department REFERENCE coordinates CAMP of training Bourg (*) 73 WGS 84 quadrilateral 06 ° 11 ' E 45 ° 36 47 '' N 06 ° 44. 40" E 45 ° 28 ' N 06 ° 41 50 "38 45 33 53 E 45 ° 39 39 '' N 06 ° 41 58 "E 45 ° 36 37 '' N Varces 38 WGS 84 quadrilateral 05 ° 12 31" E 45 ° 16. 46 "N 05 ° 12 18" E 45 ° 17 22 "N 05 ° 06 11" E 45 ° 17 33 "N 05 ° 06 09" E 45 ° 16 54 '' N Chambéry-Barby 73 WGS 84 circle 2.5 km radius centred on 05 ° 52 48 "E 45 ° 21 ' N Modane 73 WGS 84 polygon 06 ° 25 43" E 45 ° 38 13 10 '' N 06 ° 41 00 "E 45 ° 12 54 '' N 06 ° 54 03" E 45 ° 17 49 '' N 07 ° 00 16 "E 45 ° 12 59" N 06 ° 46 12 "E 45 ° 09 21 '' N 06 ° 24 31" E 45 ° 03 48 "N Annecy 74 WGS 84 circle 2.5 km radius centred on 06 ° 19 42" E 45 ° 59 32 "N Pamiers 9 WGS 84 circle 2.5 km radius centred on 01 ° 00 ' E 43 ° 40 06 43 '' N Carcassonne 10 WGS 84 Rectangle 02 ° 23 37 "E 43 ° 32 ' N 02 ° 25 51 '' E 43 07 ° 08 37 '' N 02 ° 22 58" E 43 ° 42 ' N 02 ° 11 ' E 43 22 09 ° 08 39 '' N Castres 81 WGS 84 Rectangle 2 ° 57 ' E 43 16 ° 34 03 "N 2 ° 17 00" E 43 ° 34. 16 "N 2 ° 21 00 '' E 43 ° 32 07" N 2 ° 44 ' E 43 20 ° 31 51 '' N Calvi 2B ED 50 rectangle 08 ° 52 ' E 42 ° 58 ' N 08 ° 14 ' E 42 ° 24 ' N 08 ° 49 03 "E 42 ° 12 ' N 08 ° 47 17" E 42 ° 33 32 "N Epinal 88 WGS 84 circle of 3 km radius centered on 06 ° 37 57" E 48 ° 17 34 "N Sarrebourg 57 WGS 84 quadrilateral 06 ° 59 39" E 48 ° 41 22 '' N 07 ° 00 24 "E 48 ° 40 52 '' N 07 ° 01 21" E 48 ° 32 28 49 33 47 41 44 '' N 07 ° 01 07 "E 48 ° 42 02 '' N Clermont-Ferrand 63 WGS 84 quadrilateral 02 ° 32 12" E 45 ° 40 09 ' N 02 ° 31 44 "E 45 ° 41 13 ' N 02 ° 36 00" E 45 ° 42 42 ' N 02 ° 37 30 "E 45 ° 42 35 '' N Brive-la-Gaillarde 19 WGS 84 circle of 3 km radius centered on 01 ° 33 40" E 45 ° 08 38 "N 3 km radius circle centred on 01 ° 05 ' E 36 45 ° 07 44 '' N Nîmes 30 WGS 84 Rectangle 03 ° 42 31 '' E 43 ° 48 03 '' N 03 ° 50 43 "E 43 ° 48 00 '' N 03 ° 50 39" E 43 ° 43 08 '' N 03 ° 27 ' E 43 42 ° 43 11 '' N Fréjus 83 ED 50 Quad 06 ° 39 44 "E 43 ° 31 44" N 06 ° 55 ' 43 E 44 ° 31 47 "N 06 ° 39 52" E 43 ° 27 54 '' N 06 ° 45 04 '' E 43 ° 28. 00 "N Auvours 72
WGS 84 Rectangle 00 ° 21 03 "E 48 ° 22 ' N 00 ° 21 11" E 47 ° 59 50 "N 00 ° 21 32 '' E 47 ° 59 17" N 00 ° 21 28 '' E 48 ° 21 ' N valves 56 WGS 84 Rectangle 02 ° 10 ' W 47 ° 15 ' N 02 ° 28 ' W 47 ° 45 ' N 02 ° 20 ' W 47 ° 15 ' N 02 ° 04 ' W 47 ° 44. 05 "N Bitche 57 WGS 84 national bitche Camp 50 44 43 44 43 45 49 00 00
07 ° 28 45 "E 49 ° 03 12 '' N Meyenheim 68 WGS 84 circle of 3 km radius centered on 07 ° 23 59" E 47 ° 55 19 "N Belfort 90 WGS 84 polygon 47 ° 38 02 '' N 06 ° 52 48" E 47 ° 37 32 "N 06 ° 54 26" E 47 ° 37 17 '' N 06 ° 54 32 "E 47 ° 37 15" N 06 ° 53 38 "E 47 ° 37 14" N 06 ° 52 32 "E 47 ° 32 ' N 06 ° 51 56 ' 37 E Colmar 68 WGS 84 circle of 2.5 km radius centered on 07 ° 21 70 "E 48 ° 01 88" N Bayonne 64 WGS 84 Quad 01 ° 11 "W 43 ° 03 ' N 01 ° 30 03" W 43 ° 39 ' N 01 ° 42 "W 43 ° 34 ' N 01 ° 30 58" W 43 ° 31 59 "N Souges 33 ED 50 circle of 3 km radius centered on 00 ° 47 47" W 44 ° 51 46 '' N Pau 64 33 29 33 32 31
WGS 84 circles of 3 km radius centred on: ZS from Lasclaveris: 00 ° 17 00 "W 43 ° 25 40 '' N ZS Wright's 00 ° 26 00" W 43 ° 22 03 "N Draguignan ― district Bonaparte 83 WGS 84 2.5 km radius circle centred on 01 ° 31 51" E 43 ° 31 01 "N circle of 2.5 km radius centered on 06 ° 25 54" E 43 ° 09 ' 30 N Draguignan/Bergerol 83 WGS 84 quadrilateral 06 ° 30 00 '' E 43 ° 32. 00 "N 06 ° 33 00 '' E 43 ° 32. 00" N 06 ° 33 00 '' E 43 ° 30. 00 "N 06 ° 30 00 '' E 43 ° 30. 00" N Castelnaudary 11 WGS 84 1.4 km radius circle centred on 02 ° 15 28 '' E 43 ° 18 05 '' N Mont-Louis 66 WGS 84 circle 2 km radius centred on 02 ° 07 15 "E 42 ° 32 37 '' N (*) until January 1, 2013 only.
Done at Paris, May 31, 2011.
President, j. Silicani

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