Key Benefits:
The Electronic Communications and Postal Regulatory Authority,
Seen the directive 2002 /20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services;
Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a framework Common regulation for electronic communications networks and services;
In view of 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 networks and services, 2002 /19/EC on Access to electronic communications networks and associated resources, as well as their interconnection, and 2002 /20/EC on the authorisation of electronic communications networks and services;
Given the code of posts and Electronic communications and in particular articles L. 32 (15 °), L. 33-1, L. 36-7 (6 °), L. 42-1;
In view of the Order of 20 December 2010 amending the national distribution table for frequency bands;
In view of Decision No. 2009-0838 of 5 November 2009 as amended to allow Bouygues Telecom to use Frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a radio network open to the public;
Given the specific agreement between the Department of Defence and the Authority on the use by the Department of Band Defence 880-885 MHz and 925-930 MHz on the territory of the metropolis as of 19 July 2011;
Due to the request of the Bouygues Telecom company as of 15 December 2009;
Due to the mail of Bouygues Telecom as of 20 June 2011 in response To the letter of the Authority dated 30 May 2011;
Due to the mail of the company Bouygues Telecom as of 20 September 2011 in response to the Authority's letter of 14 September 2011;
After deliberation on 22 September 2011,
For the following reasons:
Bouygues Telecom is authorised by the decision N ° 2009-0838 modified by the ARCEP to use frequencies in the 900 and 1800 MHz bands to establish and operate a radio network open to the public in metropolitan France. The conditions for the use of these frequencies are set out in the specifications annexed to Decision No 2009-0838 as amended.
I. -Restrictions on the use of frequencies at 900 MHz in military camps
Decision of Authority No. 2009-0838, as amended, authorizing Bouygues Telecom to use frequencies in the 900 MHz and 1 800 MHz bands, Provides exclusion zones within 20 km of several military camps, within which the band 880.1-885.1 MHz/925,1-930.1 MHz cannot be used by the operator. This constraint stems from the endorsement of the special agreement of 28 October 1997 between the Ministry of Defence and the Authority, signed on 22 March 2002.
Bouygues Telecom requested the ARCEP, by letter of 15 December 2009, in order to That the restrictions on the use of the 900 MHz band around military camps be lifted.
To this end, the Ministry of Defence and the Authority signed a new special agreement, dated 19 July 2011, on the use by the Department of Defence of the Bands 880-885 MHz and 925-930 MHz on the Territory of the Metropolis Which provides for the lifting of restrictions on mobile networks.
This Decision of the Authority aims to amend Decision No. 2009-0838, as amended, authorising the Bouygues Telecom company to use frequencies in the 900 MHz and 1 bands. 800 MHz to establish and operate a radio network open to the public in order to take account of the relaxation resulting from the new special agreement signed with the Ministry of Defence.
II. -Network colour codes
Paragraph 4.4 of the specification annexed to Decision No 2009-0838 as amended, relating to " Network colour codes " (NCC), states " The operator may use NCC 4 to 7 throughout the territory except in areas less than 50 km from a border, where it uses only the NCC 4 ".
NCC is used for second generation (GSM) systems in order to Logically distinguish between base stations using the same frequencies, either in the case of coordination between two operators holding these frequencies over adjacent geographical areas, or within the network of the same operator when Stations are adjacent to each other.
Bouygues Telecom has requested a Relaxation of the rules for using the NCC codes contained in its authorization.
As part of the frequency plan that entered into force on July 12, 2011-the date on which the Free Mobile operator was authorized to use the standard UMTS of the frequencies of the 900 MHz band over the whole metropolitan territory, except in very dense areas-there is no longer a coordination problem between GSM operators allowed in metropolitan France since the same frequency is not Then more used than by a single GSM operator over the entire territory in Outside border areas.
Under these conditions, it is possible since July 12, 2011, to allow Bouygues Telecom to use all the values of the NCC code outside border areas.
After consulting the All the authorised operators in the 900 and 1 800 MHz bands, this Decision of the Authority aims to amend Decision No. 2009-0838, as amended, authorising the Bouygues Telecom company to use frequencies in the 900 MHz and 1 800 bands MHz to establish and operate a radio network open to the public in order to Considers the possibility of using new values of the NCC code outside border areas.
Given its specificity, the issue of relaxing the use of NCC codes in border areas will be the subject of work Additional,
Decides:
Article 2 of Decision No 2009-0838 modified above is thus amended:
" The frequencies allocated to Bouygues Telecom are:
-across the metropolitan territory:
-the duplex band 880.1-889.9 MHz/925.1 -934, 9 MHz;
-the duplex band 1 763.3-1 784.9 MHz/1 858.3-1 879.9 MHz;
- Only on very dense areas:
-the duplex band 1 758.3-1 763.3 MHz/1 853.3-1 858.3 MHz.
The bands 925-960 MHz and 1 805-1 880 MHz are reserved for the emission of fixed stations.
The bands 880-915 MHz and 1 710-1 785 MHz are reserved for The issuance of terminal equipment.
The description of the very dense areas appears in Appendix 2 of this decision. "
The following Article 2a is inserted between Article 2 and Article 3 of Decision No 2009-0838 as amended above:
" Article 2 bis. -The operator's mobile network does not benefit from the guarantee of protection against possible interference caused by the use by the Ministry of Defence and Veterans of the frequency bands 880-885 MHz and 925-930 MHz, to The interior of zones within a 20 km circle centred on certain military camps.
The description of the military camps is set out in Appendix 3 of this decision. "
The description of military camps, appended to this decision, cancels and replaces the description of military camps Annex 3 of Decision No 2009-0838 modified above.
Paragraph 4.4 of Annex 1 to the decision of the ARCEP No. 2009-0838 Modified above is thus modified:
" The operator may use the NCC 0 to 7 throughout the territory except in areas less than 50 km from a border where it uses only the NCC 4. "
The Director of Spectrum and Equipment Relations with the Electronic Communications and Regulatory Authority Posts is responsible for the implementation of this Decision, which will be notified to Bouygues Telecom, accompanied by its Annex. This decision will be published in the Official Journal of the French Republic.
Done at Paris, September 22, 2011.
The President,
J.-L. Silicani
