Key Benefits:
Publics concerned: licensees to use radio frequencies in metropolis.
Purpose: royalties due to the use of frequencies for the operation of a metropolitan mobile network.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree sets the amount of the fixed share and the variable portion of the royalty due to the use of the 700 MHz band frequencies for the operation of a terrestrial mobile network open to the public in metropolis.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Considering Directive 2002/20/EC of the European Parliament and the Council of 7 March 2002 on the authorization of electronic communications networks and services;
Considering Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services;
Considering 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 authorization of electronic communications networks and services;
Having regard to decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community;
Vu le general code of public ownership ;
Vu le Post and electronic communications codeincluding articles L. 32-1, L. 42 to L. 42-3, R. 20-44-6 and R. 20-44-7;
Vu le Trade codeincluding article L. 233-3;
Vu le Decree No. 2007-1532 of 24 October 2007 amended with respect to royalties for the use of radio frequencies due by licensees for the use of frequencies issued by the Electronic Communications and Post Regulatory Authority;
Having regard to the consultation of the Electronic Communications Advisory Commission dated 26 June 2015;
In light of opinion No. 2015-0826 of the Autorité de régulation des communications électronique et des postes dated 2 July 2015,
Decrete:
Decree No. 2007-1532 of 24 October 2007 referred to above is amended as follows:
1° Section 13-1 is supplemented by a paragraph to read as follows:
“The frequency ranges from 703 MHz to 733 MHz and from 758 MHz to 788 MHz are defined as “700 MHz band”. »
2° Article 13-3 is reinstated as follows:
"Art. 13-3-3. - The fee due to the use of the 700 MHz band frequencies for the operation of a mobile network in Metropolitan France consists of:
- on a fixed part of an amount that the holder of the authorization undertakes to pay in a selection procedure conducted in the context of theArticle L. 42-2 of the Post and Electronic Communications Code, payable in four equal shares over four years, the first as soon as the authorization to use the frequencies and the other three as the anniversary date of the award;
- a variable amount paid annually, equal to 1% of the total amount of revenue recorded as of December 31 of the year for which the frequencies are used. Revenue is determined in accordance with Article 13-4 of this Order. An instalment determined from the revenue recorded as of December 31 of the previous year is paid before June 30 of the current year. Its amount is corrected, if any, of the amount ensuring the regularization of the previous year.
The amount of the variable share is calculated on the basis of the number of days. »
The Minister of Finance and Public Accounts, the Minister of Economy, Industry and Digital Affairs, the Secretary of State responsible for the budget and the Secretary of State responsible for the digital sector are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on July 31, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Finance and Public Accounts,
Michel Sapin
The Secretary of State in charge of the budget,
Christian Eckert
The State Secretary for Digital,
Axelle Lemaire
