Decision N ° 2011 - 1016 September 22, 2011, Amending Decision No 2009 - 0838 5 November 2009 Allowing The Bouygues Telecom Company To Use Spectrum In The 900 Mhz And 1 800 Mhz To Establish And Operate A Network Radi...

Original Language Title: Décision n° 2011-1016 du 22 septembre 2011 modifiant la décision n° 2009-0838 du 5 novembre 2009 autorisant la société Bouygues Telecom à utiliser des fréquences dans les bandes 900 MHz et 1 800 MHz pour établir et exploiter un réseau radi...

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JORF n ° 0238 October 13, 2011 text no. 74 Decision No. 2011-1016 September 22, 2011, amending decision No. 2009-0838 November 5, 2009, authorizing the company Bouygues Telecom to use spectrum in the 900 MHz and 1 800 MHz to establish and operate a radio network open to the public NOR: ARTL1127017S ELI: not available the electronic communications regulatory authority and positions Having regard to directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of networks and electronic communications services;
Having regard to directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications services and networks
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 electronic communications services, 2002/19/EC on access to electronic communications networks and associated facilities, and networks as well as their interconnection, and 2002/20/EC relating to the authorisation of networks and electronic communications services;
Saw the post and electronic communications code and in particular its articles L. 32 (15 °), L. 33 - 1, L. 36 - 7 (6th), L. 42-1;
Considering the Decree of December 20, 2010, amending the national table of frequency allocations;
Having regard to decision n ° 2009-0838 November 5, 2009 amended authorizing the Bouygues Telecom company to use spectrum in the 900 MHz and 1800 MHz bands to establish and operate a radio network open to the public;
Having regard to the particular agreement between the Ministry of defence and the authority on the use by the Ministry of defence of the bands 880-885 MHz and 925-930 MHz on the territory of the metropolis dated July 19, 2011;
Having regard to the request of the company Bouygues Telecom dated December 15, 2009;
Given the mail of the Bouygues Telecom Company dated as of June 20, 2011, in response to the mail authority dated May 30, 2011;
Given the mail of the Bouygues Telecom Company dated as of September 20, 2011, in response to the mail authority dated September 14, 2011;
After having deliberated on September 22, 2011, for the following reasons: the Bouygues Telecom Corporation is authorized by decision No. 2009-0838 modified ARCEP to use spectrum in the bands 900 and 1,800 MHz to establish and operate a radio network open to the public in metropolitan France. The terms of use of these frequencies are defined in the terms of reference annexed to decision No. 2009 - above modified 0838.




I. - Restrictions on use of frequencies at 900 MHz in the military camps the authority decision No. 2009-0838 amended, authorizing the company Bouygues Telecom to use spectrum in the 900 MHz and 1 800 MHz, provides areas of exclusion of a radius of 20 km around several military, within which camps the band 880, 1-885, 1 MHz / 925, 1-930, 1 MHz may be used by the operator. This constraint comes from the amendment to the agreement of 28 October 1997 between the Ministry of defence and the authority, signed on 22 March 2002.
Bouygues Telecom has applied to ARCEP, by letter dated December 15, 2009, so are lifted restrictions on use of the band 900 MHz around the military camps.
This end, the Ministry of defence and the Authority signed a new particular agreement, dated as of July 19, 2011, on the use by the Ministry of defence of the bands 880-885 MHz and 925-930 MHz on the territory of the metropolis which provides the lifting of restrictions on the networks mobile.
The decision of the Authority aims to amend decision n ° 2009-0838 amended, authorizing the company Bouygues Telecom to use spectrum in the 900 MHz and 1 800 MHz to establish and operate a radio network open to the public, in order to take into account the flexibility resulting from the new special agreement signed with the Ministry of defence.
II. ― codes color networks (network colour codes) paragraph No. 4.4 of the specifications annexed to decision n ° 2009-0838, as amended, relating to the 'network colour codes' (NCC), provides that "the operator can use the NCC 4-7 on the whole of the territory except in areas within 50 km of a frontier, where it uses only the NCC 4.
The NCC are used for second generation systems (GSM) in order to distinguish logically stations using the same database, or coordination between two licensed operators of these frequencies in adjacent geographic areas or within the network of an operator when stations are nearby one another.
The Bouygues Telecom company sought a relaxation of the rules of use codes NCC contained in its approval.
In the context of the frequency plan which came into force on July 12, 2011 — date the Free Mobile operator was authorized to use the UMTS standard of the frequencies 900 MHz throughout the metropolitan territory, except in very dense areas ― it arises over problem of coordination between GSM operators authorised in France Metropolitan since frequency is more then used only by a single GSM operator on the whole of the territory outside the border areas.
In these circumstances, it is possible since July 12, 2011, to allow the Bouygues Telecom company to use the set of values of the NCC code outside the border areas.
After consultation with all of the operators allowed in the 900 and 1,800 MHz bands, the decision of the Authority aims to amend decision n ° 2009-0838 modified authorizing the company Bouygues Telecom to use spectrum in the 900 MHz and 1 800 MHz to establish and operate a radio network open to the public, in order to take into account the possibility of using new values of the code NCC outside the border areas.
Taking into account its specificity, the question of the relaxation of the use of NCC codes within the border areas will be complementary work, decides: Article 1 article 2 of decision No 2009 - above modified 0838 is amended as follows: «the frequencies allocated to the Bouygues Telecom company are: ― on the entire metropolitan territory: ― the band duplex 880 1-889, 9 MHz/925, 1-934, 9 MHz;
― the band duplex 1 763 3-1 MHz/1 784,9, 858, 3-1 879.9 MHz;
― only on dense areas: ― the duplex band 1 758, 3-1 763,3 MHz/1 853, 3-1 858,3 MHz.
The frequencies of 1 805-1 880 MHz and 925-960 MHz bands are reserved for the issuance of fixed stations.
The frequency bands 880-915 MHz and 1 710-1 785 MHz are restricted to the issuance of terminal equipment.
The description of very dense areas contained in annex 2 to this decision. «Article 2 it is inserted in article 2 bis, between article 2 and article 3 of decision No 2009 - above modified 0838: «art.» 2A. -The operator's mobile network does not guarantee protection from possible interference caused by the use, by the Ministry of defence and Veterans Affairs, the bands 880-885 MHz and 925-930 MHz, within areas within 20 km circle centered on some military camps.
The description of military camps contained in annex 3 to this decision. ' Article 3 the description of military camps, in the annex to this decision, cancels and replaces the description of military camps of annex 3 of the decision n ° 2009 - 0838 amended above.


Article 4 paragraph No. 4.4 of annex 1 of the abovementioned amended no. 2009 - 0838 ARCEP decision is amended as follows: 'the operator may use the NCC 0-7 on the whole of the territory except in areas within 50 km of a border where it uses only the NCC 4.'


Article 5 the Director of spectrum and relationships with OEMs of the electronic communications regulatory authority and positions is responsible for the implementation of this decision, which shall be notified to the Bouygues Telecom company, together with its annex. This decision will be published in the Official Journal of the French Republic.


Done at Paris, on September 22, 2011.
President, j. Silicani

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