Decision No. 2015 - 0830 July 2, 2015, Laying Down Conditions For The Use Of The Radio Spectrum By Ancillary Equipment Sound Design Programs And Broadcasting In The Frequency Bands 470-789 Mhz, 823-...

Original Language Title: Décision n° 2015-0830 du 2 juillet 2015 fixant les conditions d'utilisation des fréquences radioélectriques par les équipements auxiliaires sonores de conception de programmes et de radiodiffusion dans les bandes de fréquences 470-789 MHz, 823-...

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JORF n ° 0176 August 1, 2015 text no. 84 No. 2015-0830 July 2, 2015 Decision laying down the conditions for use of the radio spectrum by ancillary equipment sound design programs and broadcasting in the frequency bands 470-789 MHz, 823-832 MHz and 1785-1805 MHz NOR: ARTL1516525S ELI: not available the electronic communications regulatory authority and positions (hereinafter "ARCEP») Having regard to directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, and in particular articles 3.2, 4.1 and 6;
Having regard to directive 2014/53/EU of the European Parliament and of the Council of April 16, 2014 on the harmonisation of the laws of the Member States concerning the availability on the market of radio equipment and repealing directive 1999/5/EC;
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 networks and electronic communications services, 2002/19/EC on access to electronic communications networks and associated facilities as well as to their interconnection, and 2002/20/EC on the authorisation of networks and electronic communications services;
Having regard to decision 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum in the European Community (radio spectrum decision ") policy.
Having regard to decision 2014/641/EU of the European Commission on September 1, 2014, on the harmonization of the technical conditions of use of the radio spectrum by audio equipment wireless for the realization of programs and special events;
Seen the 53 of the CEPT report "To develop harmonised technical conditions for the 694-790 MHz ("700 MHz") frequency band in the EU for the provision of wireless broadband and other uses in support of EU spectrum policy objective."
Having regard to the code of postal and electronic communications (CPCE), and in particular articles L. 32 1, L. 33 - 3, L. 36 - 6 (3 ° and 4 °) and L. 42;
Mindful of Decree No. 2002-775 3 May 2002 made under 12 ° of article L. 32 of the code of posts and telecommunications and relative to the values the public exposure limits for electromagnetic fields emitted by equipment used in telecommunications networks or radio installations;
Considering the Decree of March 18, 2013 amended relating to the national table of frequency allocations;
Having regard to decision n ° 2012-0618 ARCEP dated May 15, 2012, laying down the conditions of use of radio frequencies by auxiliary equipment sound design programs and broadcasting in the frequency bands 470-789 MHz and 823-832 MHz;
Having regard to decision n ° 2012-0616 ARCEP dated May 15, 2012, laying down the conditions for use of the radio spectrum by auxiliary equipment for sound design programs and broadcasting in the 1785-1800 MHz band;
Having regard to the opinion No. 2015-8 of the Conseil supérieur de l'audiovisuel dated May 13, 2015;
The advisory commission on electronic communications has been accessed March 13, 2015;
After deliberating July 2, 2015;
For these reasons: design programs and broadcasting sound auxiliary equipment, also called equipment «Pmse hand» (for programme making and special events), are a tool of daily work for audiovisual and entertainment professionals. This is technical equipment, typically wireless microphones or the stage monitors, which are essential to the production of cultural content for television, theatres and operas, media or sports events coverage, etc.
The framework for the use of frequencies by these devices is fixed by ARCEP. This decision aims to update the existing regulatory framework to take into account: a) change of the 694-790 MHz band (known as 'band 700 MHz');
(b) adoption in 2014 of a harmonization of the European Commission decision;
(c) the renewal of a waiver of power for order links).
On the existing regulatory framework article L. 42 of the CPCE States that "for each frequency or radio frequency bands whose assignment has been entrusted to him pursuant to article L. 41 outside the uses for experimental purposes, the authority [...] fixed, under the conditions laid down in article L. 36 - 6: 1 ° the technical conditions of use of the frequency or frequency band;
2 ° cases in which permission to use is subject to the declaration provided for in article L. 33 - 1;
3 ° where the use of frequencies is subject to administrative authorization.
On these foundations, ARCEP adopted two decisions laying down the conditions of use of radio spectrum by ancillary equipment sound design programs and broadcasting:-decision n ° 2012 - 0618 dated May 15, 2012, the bands 470-789 and 823-832 MHz;
-decision No 2012 - 0616 dated May 15, 2012, on the 1785-1800 MHz band.
Those decisions provide that specified frequency bands can be used "freely" by professional users of equipment pmse hand, i.e. without prior individual authorisation. However, these users must meet technical parameters of use set by these decisions on the ARCEP, which mainly consist of maximum transmitting powers.
In these circumstances, users of equipment pmse hand are not subject to the payment of royalties. However they shall not cause interference to other uses of frequencies, and are not protected from interference.
This decision, adopted on the basis of the abovementioned provisions, aims to resume the framework laid down by decision No 2012-0618 and no. 2012-0616 incorporating new terms related to the reallocation of the 694-790 MHz to the mobile service, compliance with the provisions of the decision of the Commission European EU-641-2014 and the use of return its links and links to order with a maximum power of 1 Watt reallocation of the 694-790 MHz band 700 MHz, used to this day by the digital terrestrial television (DTT) as well as equipment pmse hand, subject of work at national and international levels since the world 2012 radiocommunication conference (WRC-2012), in order to allow its future mobile networks using very high-speed.
In France, annex 3 of the national table of distribution of the frequency bands (TNRBF), arrested June 18, 2015, by the Prime Minister, came to specify the schema of reallocation of the 700 MHz band, which provides:-on the one hand, a release by geographic plates, the entire 700 MHz by the TNT band between April 2016 and June 2019.
-on the other hand, the exclusive attribution to ARCEP's 703-733 MHz and 788 758 MHz for the mobile service, as of the release of the tape by the TNT.
In addition, the TNRBF provides that the ARCEP may continue to authorize until July 1, 2019 professional users of equipment pmse hand to use frequencies in the 700 MHz band (1).
Indeed, the reallocation of the band 700 MHz of new mobile services will prevent term pmse hand equipment continue to use these frequencies. However a transitional use of the 700 MHz band is possible during the process of reallocation of frequencies, subject to adequate technical conditions. This transitional use of the 700 MHz band allows pmse hand users can continue to use for several years yet equipment operating in 700 MHz band only.
However, usable by the pmse hand equipment frequencies will evolve as the timing of release of each geographical by TNT, fixed plate in annex 3 of the TNRBF. Thus, for a given geographical plate, before release date, all of the 700 band frequencies will be usable subject to respect adequate technical conditions. On the other hand, the aftermath of the release of this geographical plate by TNT, pmse hand equipment may no longer use 703-733 MHz and 758-788 MHz bands, for the deployment of very high-speed mobile networks.
This decision aims to amend the existing framework for the use of the band 470-790 MHz by the pmse hand equipment:-taking into account the change of the 694-790 MHz band, which led to no longer allow the pmse hand equipment on these frequencies after July 1, 2019.
-by now the authority to use the frequency range 470-694 MHz, no change compared with the conditions provided for in decision No 2012-0618 ARCEP;
-by making it possible transitional use by equipment pmse hand the band 700 MHz, until July 1, 2019, taking into account the calendar of reallocation of frequencies by geographic plates.
Technical conditions associated with the transitional use of the 700 MHz band by pmse hand equipment until 1 July 2019 are defined in the annex to this decision.
These terms of use depend on the date of judgment of the 694-790 MHz for each geographical plate audiovisual broadcasts, as provided for in annex 3 of the TNRBF.

Before this date, the conditions of use of the pmse hand equipment on the considered geographical plate remain similar to those provided by decision n ° 2012-0618 ARCEP.
After this date, the technical conditions of use of the pmse hand on the considered geographical plate equipment are amended to take account of the need to protect the services which will be allowed by ARCEP on 703-733 MHz and 758-788 MHz in this geographical plate.
From the date of judgment of the broadcasts audiovisual in the given 694-790 MHz on a geographical plate band, and until July 1, 2019, pmse hand equipment use is limited to bands of 694-703 MHz and 733-756, 8 MHz and the conditions techniques are those from tables 13 and 14 of the report of the CEPT 53 ("To develop harmonised technical conditions for the 694-790 MHz ("700 MHz") frequency band in the EU for the provision of wireless broadband») and other uses in support of EU spectrum policy objectives"), which was developed in response to a mandate from the European Commission.
Implementation of the decision of the European Commission EU-641-2014 this decision also aims to update the existing regulatory framework to take into account the adoption in 2014 of a harmonization of the European Commission decision.
The European Commission adopted, on 1 September 2014, 2014/641/EU decision on the harmonisation of the technical conditions of use of the radio spectrum by audio equipment wireless for the realization of programs and special events.
This decision harmonises the technical conditions for the use of the interval-duplex mobile bands 800 MHz and 1800 MHz by pmse hand equipment, by providing in article 3 1 that "Member States shall designate and put at disposal, without interference and without protection, within six months of taking effect of this decision the frequency bands from 823 to 832 MHz and 1 785 to 1 805 MHz for the pmse hand audio equipment without. thread, according to the technical conditions laid down in the annex [to 2014/641/EU decision] '.
This decision thus modifies the conditions of use of the 823-832 MHz frequency bands and 1785-1805 MHz, as laid down by decision No 2012-0618 and no. 2012-0616 of ARCEP, in order to implement the provisions of decision 641-2014-EU of the Commission European. These new conditions include permission to use the 1800-1805 MHz by the pmse hand equipment, as well as emission limits for the protection of mobile networks allowed over 832 MHz band.
Consistency with the harmonized framework decision EU-641-2014, this decision also has the effect to consolidate within a single decision of ARCEP the conditions of use of the 1785-1805 MHz. using bonds order and return links and two 823-832 MHz frequency bands, with a maximum power of 1 Watt Finally, this decision aims to extend in the 470-694 MHz, a derogation of power for order links and links back sound, which are wireless devices of type 'walkie talkie' to enable technicians to interact among themselves and with implementation teams.
Decision n ° 2012 - 0618 ARCEP provided for the frequency band 470-789 MHz a transitional provision for audio equipment wireless links back sound and links to order: these facilities were allowed until January 1, 2014, to use effective radiated power 1 Watt maximum, superior to the power of 50 mW applicable for other equipment pmse hand.
In its opinion No. 2011-13, July 19, 2011, the Conseil supérieur de l'audiovisuel (audiovisual regulatory body-CSA) had expressed its reservations about the risk that could weigh this derogation of power for DTT reception. Studies have been launched at his request by the national agency of frequencies, which the result has been the subject of a report adopted by the Committee on electromagnetic compatibility in may 2014. This technical report concluded "that a typical use in adjacent channel of such equipment (i.e. in the white spaces in the UHF band TNT) does not risks of harmful interference on reception of DTT.
On the basis of this technical conclusion, this decision authorises for the 470-694 MHz, the use of links and order links back sound with a maximum effective radiated power of 1 Watt, decides: Article 1 learn more on this article...

For the purposes of this decision, 'sound design programs and broadcasting ancillary equipment' means the radio equipment used by professionals for the transmission of signals between a limited number of transmitters and receivers, such as wireless microphones, digital or analog systems for Atria or bindings used primarily to the implementation of programmes of broadcasting or social or cultural events and audio private or public.
Are considered as professional users within the meaning of this decision entrepreneurs live performances within the meaning of article L 7122-2 of the labour code.


Article 2 the use of the frequency band 470-694 MHz by sound design of broadcasting programs and auxiliary equipment is permitted subject to compliance with the technical requirements specified in the following paragraph and, in these circumstances, is not subject to individual authorisation.
Technical conditions applicable to uses of frequencies referred to in this article are a limitation to 50 mW (17 dBm) of the power radiated, with the exception of audio equipment wireless links back its and order links, including the effective radiated power is limited to 1W.


Article 3 the use of the frequency band 823-832 MHz by sound design of broadcasting programs and auxiliary equipment is permitted subject to compliance with the technical conditions laid down in table 1 of the annex to decision 641-2014-EU of the Commission above European and, consequently, is not subject to individual authorisation.


Article 4 the frequency band 1785-1805 MHz by sound design of broadcasting programs and auxiliary equipment is permitted subject to compliance with the technical conditions laid down in tables 2 and 3 of the annex to decision 641-2014-EU of the Commission above European and, in these circumstances, is not subject to individual authorisation.


Article 5 until July 1, 2019, the frequency range 694-789 MHz by sound design of broadcasting programs and auxiliary equipment is permitted subject to compliance with the conditions of use specified in the annex to this decision and, in these conditions, is not subject to individual authorisation.


Article 6 auxiliary equipment for sound design programs and broadcasting authorised pursuant to this decision shall not cause harmful interference to stations to a radiocommunication service boasting a primary allocation in the national table of frequency allocations. They are entitled to no guarantee of protection against harmful interference.
In particular, equipment authorised in application of this decision should not prevent the deployment of localized applications or the realization of technical experiments would be carried out on the possible frequencies 694-790 MHz in order to meet short-term needs or to study future uses.


Article 7 the abovementioned ARCEP decisions n ° 2012 - 0618 and n ° 2012 - 0616 are repealed.


Article 8 the Director general of the ARCEP is responsible for the implementation of this decision, which will be published in the Official Journal of the French Republic after approval by the Minister responsible for electronic communications.

Annex annex 3 of the national band of frequencies (TRNBF) table specifies the timetable for phasing-out, by geographical, of audiovisual broadcasts plates in the 694-790 MHz band, to confer on the ARCEP the status of only receiving primary blocks 703-733 MHz and 758-788 MHz as the release of the band.
This decision provides for transitional use within the 694-790 MHz band by auxiliary equipment sound design programs and broadcasting until July 1, 2019, according to the schedule of phasing-out of audiovisual broadcasts in this frequency band.
On a given geographical plate, the technical conditions of use are modified from the date of judgment of audiovisual broadcasts in the 694-790 MHz band under the TNRBF.
-Before the date of the judgment of audiovisual broadcasts in the 694-790 MHz on a geographical plate band given: 694-789 MHz band is permitted, under the following conditions: the effective radiated power is restricted to the following values:-in the 694-786 MHz: 50 mW (17 dBm);
-in the 786-789 MHz band: 12 mW (10.8 dBm).
Out of band emission level must not exceed the following e.i.r.p. level:-above 791 MHz:-43 dBm / 5 MHz. B - after the date of judgment of audiovisual broadcasts in the given 694-790 MHz on a geographical plate band, and until July 1, 2019:

694-703 MHz and 733-756, 8 MHz Sub-bands is permitted, under the following conditions: the equivalent isotropically radiated power (e.i.r.p.) is restricted to the following values:-in the 694-703 MHz band: 19 dBm / 200 kHz;
-in the 733-753, 8 MHz band: 19 dBm / 200 kHz;
-in the band 753, 8-755, 2 MHz: 13 dBm / 200 kHz.
In the case of equipment brought to the body, the e.i.r.p. is limited to the following values:-in the 694-703 MHz band: 19 dBm / 200 kHz;
-in the 733-756, 8 MHz band: 19 dBm / 200 kHz.
Out of band emission level must not exceed the following e.i.r.p. level:-in the 703-733 MHz band:-45 dBm / 200 kHz;
-top of 758 MHz:-45 dBm / 200 kHz.

Done at Paris, July 2, 2015.
President, S. Soriano (1) Note F45g: "Use of mbr by ARCEP in the 694-790 MHz R1 limited to auxiliary equipment for sound design programs and broadcasting until 1 July 2019."

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