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JORF n°0130 of 6 June 2014 page 9517
text No. 29



Judgment of May 26, 2014 authorizing Eutelsat SA to operate frequency assignments for a satellite system at orbital position 3° Is it?

NOR: ERNI1409155A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/5/26/ERNI1409155A/jo/texte

The Minister of Economy, Production Recovery and Digital and the State Secretary for Digital Affairs,
Considering the constitution, convention and regulation of radiocommunications of the International Telecommunication Union;
Vu le Post and electronic communications codeincluding articles L. 41, L. 41-3, L. 43, L. 97-2, L. 97-3, L. 97-4 and R. 52-3-1 to R. 52-3-21;
In view of the decision of 11 August 2006 on royalties for the processing costs of applications for frequency assignments declared to the International Telecommunication Union and applications for authorization under the articles R. 52-3-1 and R. 52-3-4 the Post and Electronic Communications Code;
Considering the Order of 11 August 2006 on the content of the application for permission to operate frequency assignments to satellite systems and satellite system information;
Having regard to the instruction file transmitted on 4 March 2014 by the National Frequency Agency to the Minister of Productive Recovery;
Considering the opinions of the Electronic Communications and Post Regulatory Authority of 19 February 2013 and 28 May 2013;
Having regard to the advice of the Conseil supérieur de l'audiovisuel of 26 February 2013 and 12 June 2013;
Considering the opinion of the National Centre for Space Studies of 8 March 2013;
In the opinion of the Ministry of Defence of 15 March 2013 and 29 May 2013;
Considering the opinion of the senior administrator of the French Southern and Antarctic Lands of 12 February 2013 and 16 May 2013;
Considering the opinion of the administration of meteorology of 22 May 2013;
Considering the opinion of the Ministry of Higher Education and Research of 4 July 2013;
The Ministry of Interior, Civil Aviation and the General Directorate of Competitiveness, Industry and Consulted Services,
Stop:

Article 1

Eutelsat SA is authorized to operate the frequency assignments declared by France to the International Telecommunication Union at orbital position 3° Is under the conditions set out in the schedule to this Order.

Article 2 Learn more about this article...

The authorization shall be granted for a period of twenty years from the date of publication of this order subject to the conditions of modification and caducity provided for by the Articles R. 52-3-13 to R. 52-3-15 of the Post and Electronic Communications Code. The conditions for renewal of this authorization are defined at theArticle R. 52-3-12 of the Post and Electronic Communications Code.

Article 3

This Order and its annex will be issued in the Official Journal of the French Republic.

• Annex

  
  

  
  A N N E X E

  
  CONDITIONS RELATING TO THE AUTHORIZATION OF EXPLOITATION OF FREQUENCE ASSIGNATIONS FOR A SATELLITARY SYSTEM TO THE ORBITALE POSITION 3° EST

  
  Authorization
  Eutelsat SA
  Conditions

  
  Pursuant to the articles L. 97-2 and R. 52-3-1 to R. 52-3-21 the postal code and electronic communications, the authorization is issued under the following conditions:
  (a) The relevant frequency assignments are limited to those at orbital position 3° East, which are included in the frequency bands:
  2,085-2,091 GHz in the Earth-to-space direction for space operation;
  2,264-2,271 GHz in space direction to Earth for space operation;
  5,725-5,925 GHz, 5,925-6,181 5 GHz, 6,182 5-6,183 GHz, 6,184-6,190 GHz, 6,346-6,425 GHz, 6,425-6,725 GHz, 10,95-11,2 GHz, 11,45-11,7 GHz, 11,7-12,2 GHz
  3,4-3,7 GHz, 3,7-3,955 7 GHz, 3,956 7-3,957 2 GHz, 3,958 2-3,965 GHz, 4,121-4,2 GHz, 13,75-14,5 GHz, 18,1-18,4 GHz, 27-27,5 GHz and 27.5-30 GHz in the Earth-to-space sense;
  21,4-22 GHz for satellite broadcasting service,
  and which have been declared by France in the applications for assignments provided below and are or will be registered in the International Frequency Reference File of the International Telecommunication Union (ITU).

  
  List of applications for assignments affected by the authorization

  
  
  

  
  BANDE DE FRÉQUENCES (GHz)
  and direction of transmission
  DEIGNATION OF THE OFFICE
  satellite
  REFERENCE OF PUBLICATIONS
  ITU
  REFERENCE AND DATE
  ITU circulars (WIC or IFIC)

  3,7-4,2 (↓) 5.925-6.425 ()	TELECOM-2C	AR11/A/326 AR11/C/1166 AR11/C/2349	1745/21 October 1986 1795/13 October 1987 2100/26 October 1993
  3,41-4,2 (↓) 5.725-5.85 (c) 5,85-6,725 ()	TELECOM-3C	AR11/A/1105 AR11/C/2504 CR/C/174	2133/28 June 1994 2230/4 June 1996 2470/28 May 2002
  3,41-4,2 (↓) 5.725-5.85 (c) 5,85-6,725 ()	TELECOM-4C	API/A/1768 CR/C/942	2441/3 April 2001 2494/20 May 2003
  3,427-4,187 (↓) 5.732-5.85 (a) 5,85-6,704 ()	GEOSAT-3E	API/A/2409 CR/C/1155 CR/C/1155 MOD-1	2491/8 April 2003 2507/18 November 2003 2516/6 April 2004
  18.1 — 18.4 () 21,4 ― 22 (↓)	F-SAT-B1-E-3E	API/A/5262 CR/C/2370	2626/19 August 2008 2643/5 May 2009
  17.3 — 17.7 (↓) 17.7 — 20.2 (↓) 27.0 — 27.5 (9) 27.5 — 30 ()	F-SAT-KA-E-3E	API/A/5538 CR/C/2454	2644/19 May 2009 2660/12 January 2010
  2,085 ― 2,091 () 2,264 ― 2,271 (↓) 3,4-4,2 (↓) 5.725-5.85 (c) 5,85-6,725 () 10,95 ― 11,2 (↓) 11,45 ― 11,7 (↓) 11.7 — 12.2 (↓) 12.5 ― 12.75 (↓) 13.75 — 14.5 () 17.3 — 17.7 (↓) 17.7 — 20.2 (↓) 18.1 — 18.4 () 21,4 ― 22 (↓) 27.0 — 27.5 (9) 27.5 — 30 ()	F-SAT-N-E-3E	API/A/5668 CR/C/2508	2648/14 July 2009 2666/6 April 2010

  
  
  (b) The Earth stations operated are located in the service area as follows:
  The regions listed in this annex are defined in Article 5 of the International Telecommunication Union Radio Regulations.
  In frequency bands 3,4-4,2 GHz and 5,850-6,725 GHz, the service area is defined by the Earth visible from orbital position 3° East (see Figure 1).
  In the frequency band 5,725-5,850 GHz, the service area is defined by all the territories of Region 1 visible from orbital position 3° Is with the exception of the French territories.
  In frequency bands 2,085-2,091 GHz, 2,264-2,271 GHz, 10,95-11,2 GHz, 11,45-11,7 GHz, 13,75-14,5 GHz, 17,7-20,2 GHz, 18,1-18,4 GHz and 27.5-30 GHz, the service area is defined by the Earth visible from orbital position 3° East (see Figure 1). For frequency bands 27,940 5-28,192 5 GHz and 28.948 5-29,200 5 GHz, the service in the French territories of Region 1 is limited to the Earth stations of Sainte-Assisi and Rambouillet as well as to the French Southern and Antarctic Lands.
  In frequency bands 12.5-12.75 GHz and 21.4-22 GHz, the service area is defined by regions 1 and 3 visible from orbital position 3° Is (see figure 2).
  In the frequency band 17.3-17.7 GHz, the service area is defined by Region 1 visible from orbital position 3° East (see figure 3).
  In the frequency band 27-27,5 GHz, the service area is defined by regions 2 and 3 visible from orbital position 3° East (see figure 4).
  For the frequency band 11.7-12.2 GHz, the service area is defined by Region 2 visible from orbital position 3° East (see figure 5).

  
  
  You can consult the table in the
  JOn° 130 of 06/06/2014 text number 29

  
  
  (c) The emissions do not radiate at any point in the space or surface of the globe a power greater than that produced by the emissions corresponding to the frequency assignments whose characteristics are, or will be, listed in the ITU International Frequency Reference File, and the receptions do not in any case require any protection than would require frequency assignments whose characteristics are, or will be, listed in the same file;
  (d) Frequency assignments shall be carried out in accordance with the coordination agreements concluded with other ITU member States or with other frequency assignment operators declared by France to the ITU, including those that would be after the date of issue of this authorization. This operation is subject to respect for the rights associated with the assignments previously communicated to the ITU for the duration of their operation;
  (e) The operation of the frequency assignments concerned by the authorization is consistent with the relevant community decisions in force or to come, including those relating to the use of the frequency band 3.4-3.8 GHz;
  (f) The operation of the frequency assignments concerned by the authorization is subject to compliance with the obligations provided for in Article II L. 97-2 and articles R. 52-3-7 to R. 52-3-11 the Post and Electronic Communications Code;
  (g) Eutelsat SA is the sole licensee and remains responsible for complying with the obligations related to the operation of these assignments, including where associated radio stations are held, installed or operated by third parties, or located outside France;
  (h) This authorization does not prejudge authorizations that are required to operate the system in the territories affected by the service area.

Done on May 26, 2014.

Minister of Economy,

productive recovery

and digital,

Arnaud Montebourg

Secretary of State

Digital,

Axelle Lemaire

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