Key Benefits:
Electronic Communications and Postal Regulatory Authority,
Due to the Constitution And the International Telecommunication Union Convention, in particular the Radio Regulations annexed to it;
In view of the Commission Decision 2008 /411/EC of 21 May 2008 on the harmonisation of the frequency band 3 400-3 800 MHz for Earth systems to provide electronic communications services in the Community;
Given the postal code and the Electronic communications, in particular Articles L. 97-2 and R. 52-3-1 to R. 52-3-6;
Having regard to the Order of 11 August 2006 concerning the content of the application for authorisation to use frequency assignments for satellite systems and information relating to the satellite system;
In view of the decree of 3 April 2012 amending the national distribution table for frequency bands;
In view of the letter dated 7 July 2011 from Eutelsat SA, addressed to the National Frequency Agency and relating to an application for authorisation Operation of frequency assignments for a satellite system to the Orbital position 14.5 ° East;
Given mail dated January 8, 2013, of the National Frequency Agency, received on January 15, 2013;
After deliberating on February 19, 2013,
Legal Framework
This notice is issued in accordance with the provisions of L. 97-2 and R. 52-3-1 to R. 52-3-6 of the Electronic Communications and Position Code (ECCC) relating to frequency assignments to satellite systems.
The Authority, affecting certain frequency bands affected by the application Of Eutelsat SA, was seized on 8 January 2013 by the ANFR in accordance with the procedure laid down inArticle L. 97-2 of the Postal Code and Electronic communications which, in its second Point, provides that " The operation of a frequency assignment to a satellite system, declared by France to the International Telecommunication Union, shall be subject to the authorisation of the Minister responsible for electronic communications, after the opinion of the authorities Affected radio frequencies ".
In accordance with the provisions of Article R. 52-3-5 of the CPFC, the National Frequency Agency" Consults with interested public authorities and authorities of radio frequencies and collects their opinions. In the absence of a response within six weeks of being referred to the National Frequency Agency by the National Frequency Agency, their opinion shall be deemed to have been issued. "
Finally, pursuant to the provisions of Article R. 52-3-6 of the ECCC, the National Frequency Agency Transmit to the Minister responsible for electronic communications his or her investigation file including this opinion.
The opinion of the Authority and the possible authorisation given in the framework of Article L. 97-2 of the CPCE do not prejudge No subsequent issuance by the Authorizations Authority The use of frequencies in French territory pursuant to Article L. 42-1 of the aforementioned code, in particular with regard to the criterion of the proper use of frequencies.
Purpose of the application for authorisation to operate Frequency assignments
1.1. The
1.2 satellite system. Frequency Assignments
The frequency assignments on which the application relates, and for which the Authority is consulted as a member of the band, relate to the frequencies 3400-4200 MHz, 5725-5850 MHz and 5850-6725 MHz.
Analysis of the Authority
A portion of the frequency bands of the assignment that are the subject of Eutelsat's application for operating authorization are assigned to the PFRA.
In regions 1 and 2, the Authority is Frequency band 5850-6725 MHz, particularly for service Fixed by satellite (Earth to space) and fixed service from 5 925 MHz. The authorisation on the French territory of these services is subject to technical coordination in the light of the implementation of numerous high capacity infrastructure links for network operators open to the public.
In regions 1 and 2, The Authority shall be assigned 3800-4200 MHz for fixed and fixed satellite services.
In regions 1 and 2, the Authority shall be affected by the frequency band 3400-3800 MHz for fixed, mobile (except aeronautical) services and fixed by Satellite (space direction to Earth). The objective of Commission Decision 2008 /411/EC of 21 May 2008 is to harmonise the conditions for the efficient provision and use of the band 3400-3800 MHz for terrestrial systems for the provision of communications services Without prejudice to the protection and maintenance of any other application currently using this frequency band. In this context, the implementation of any new earth station in France in the band 3400-3800 MHz is not compatible with the implementation of terrestrial electronic communications
. International Telecommunication Union (ITU) radio communications, in region 1, the band 5725-5850 MHz is allocated to fixed satellite services (Earth-to-space direction), radiolocation and amateur services. In France, the Authority is responsible for the secondary frequency band for amateur service. To date, the allocation of the band 5725-5850 MHz to fixed satellite service is not being implemented at the national level. Therefore, at this stage, the use of this frequency band by Eutelsat would not be in conformity with the regulations in force in France. Such use in the national territory should first be the subject of an order amending the national distribution table for the frequency bands.
Conclusion
With respect to band elements 3400-3800 MHz and 5725-5850 MHz, and in accordance with the provisions of the national frequency band allocation table, the Authority issues an adverse opinion on the request made by Eutelsat.
This notice will be sent to the Agency And published in the Official Journal of the French Republic.
Done at Paris, February 19, 2013.
The President,
J.-L. Silicani
Note. -This document is confidential. Data and information are protected by law.
