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Decision No. 2012-0279 Of 6 March 2012 Amending Decision No 2009-0838 Authorizing The Company Bouygues Telecom To Use Frequencies In The 900 Mhz And 1800 Mhz To Establish And Operate An Open Radio Network Could ...

Original Language Title: Décision n° 2012-0279 du 6 mars 2012 modifiant la décision n° 2009-0838 autorisant la société Bouygues Telecom à utiliser des fréquences dans les bandes 900 MHz et 1 800 MHz pour établir et exploiter un réseau radioélectrique ouvert au pu...

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JORF #0067 of March 18, 2012
text #39




Decision No. 2012-0279 dated 6 March 2012 amending Decision No. 2009-0838 authorizing 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

NOR: ARTL1207398S ELI: Not available


The Authority Regulation of electronic communications and posts,
In view of Directive 2002/20/EC of the European Parliament and of the European Parliament Council of 7 March 2002 on the authorisation of electronic communications networks and services;
In view of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for networks and Electronic communications 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 communications networks and services Electronic, 2002 /19/EC on access to communications networks Electronic and associated resources, as well as their interconnection, and 2002 /20/EC on the authorisation of electronic communications networks and services;
In view of the electronic communications and postal code, and in particular Articles L. 32 (15), L. 33-1, L. 36-7 (6 °) and L. 42-1;
In view of the Order of 4 October 2011 amending the national distribution table for frequency bands;
In view of Decision No 2009-0838 amended by the Authority as of 5 November 2009 allowing Bouygues Telecom to use frequencies in the Bands 900 MHz and 1 800 MHz to establish and operate a radio network open to the public;
In light of Decision No. 2011-1016 of the Authority dated 22 September 2011 amending Decision No. 2009-0838 authorizing the Bouygues Telecom company to Use frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a radio network open to the public;
In view of the National Frequency Agency's letter of 9 December 2011 in response to correspondence from The Authority as of 29 November 2011;
Due to the mail of the Bouygues Telecom company as of 13 February 2012 in response to the letter of the Authority dated 8 February 2012;
After deliberation on 6 March 2012,
For the following reasons:
Bouygues Telecom is authorized by Decision No. 2009-0838 modified from The CBRA 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 defined in the specifications Annexed to Decision No. 2009-0838 as amended above. They include provisions relating to the use of " Network colour codes " (NCC).
The NCC is used for second generation (GSM) systems in order to logically distinguish between base stations using the same frequencies or in the case of coordination between two operators holding these frequencies on the same frequencies. Adjacent geographical areas, or within the network of the same operator when stations are adjacent to each other.
The Authority adopted, on 22 September 2011, Decision No. 2011-1016 which amended Decision No. 2009-0838 as amended. Take into account the possibility of using new values from the NCC code in Outside border areas.
Given its specificity, the issue of relaxing the use of NCC codes in border areas should be the subject of further work.
After this work, and after Consultation with authorized mobile operators in the 900 and 1 800 MHz bands and the National Frequency Agency, it became possible to remove the remaining constraints on the NCC codes in the border areas. The purpose of this Decision of the Authority is to amend Decision No. 2009-0838 as amended in order to allow the use of new values of the NCC code throughout the national territory including border areas. Mobile operators naturally retain the possibility, if they consider it useful, to coordinate directly with foreign operators on the use of this code within the border areas,
Decides:

Item 1


Paragraph 4-4 of Schedule 1 of Decision No. 2009-0838 of the amended ARCEP is deleted.

Item 2


The Director of Spectrum and Equipment Relations with the Electronic Communications and Postal Regulatory Authority is Entrusted with the execution of this decision, which will be notified to the company Bouygues Telecom and published in the Official Journal of the French Republic.


Done at Paris, March 6, 2012.


The President

J.-L. Silicani


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