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The Electronic Communications and Regulatory Authority Posts (hereinafter " The Authority),
In view of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Directive) Authorization ") ;
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 electronic communications networks and services (Directive) Framework "), in particular Article 9;
In view of Directive 2009 /114/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87 /372/EEC on the frequency bands to be reserved for the coordinated introduction of Pan-European digital cellular public terrestrial mobile communications in the Community;
In view of Decision ECC/DEC/( 06) 13 of the European Commission dated 1 December 2006 designating the bands 880-915, 925-960, 1 710-1 785 and 1 805-1 880 MHz for land-based systems UMTS/IMT-2000;
Decision 2009 /766/EC Amended Commission of 16 October 2009 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community;
Seen Report 82 of the European Commission of the month of May 2006 on the electromagnetic compatibility of UMTS in the 900 and 1 800 MHz bands;
In view of the European Commission's report 96 of March 2007 on electromagnetic compatibility 900/1 800 UMTS with adjacent band systems;
Given the recommendation of the European Commission (08) 02, of 21 February 2008, on the planning and coordination of frequencies for GSM 900 terrestrial mobile systems (including EGSM) /UMTS 900 and GSM 1 800 /UMTS 1 800;
Seen postal code and electronic communications (hereinafter " CPCE ") And in particular Articles L. 32-1, L. 36-7 (6 °), L. 42 and L. 42-1;
Seen underOrder No. 2011-1012 of 24 August 2011 on electronic communications, in particular Article 59;
In light of the amended Decree No. 2007-1532 of 24 October 2007 on for the use of radio frequencies by the holders Authorisations for the use of frequencies issued by The Electronic Communications and Postal Regulatory Authority;
Seen Decree n ° 2012-436 of 30 March 2012 transposing the new regulatory framework European electronic communications, in particular Article 29;
In view of the amended Order of 18 March 2013 on the national distribution of frequency bands;
Having regard to Decision No. 2007-0156 of the Authority as of 15 February 2007 Allowing the company Orange Meeting to use frequencies in 900 MHz and 1 800 MHz bands to establish and operate a radio network open to the public in the departmental community of Mayotte;
Due to the public consultation on the re-use of the 900 MHz band for mobile networks Third generation and future spectrum needs in the overseas departments and communities conducted from 28 July to 30 September 2010 by the Authority and the summary of contributions received, published by the Authority on 27 January 2011 ;
Given the direction of the Authority on frequency bands for the Mobile networks open to the public overseas published on January 27, 2011;
Due to the public consultation entitled " Overseas: New Frequencies, Emerging Issues " Conducted from 17 July to 30 September 2013 and the synthesis of the contributions received, published on 20 February 2014;
Given the request of the company Orange Meeting dated 9 March 2015 on the re-use for UMTS of the frequencies that were Attributed to Mayotte in the 900 MHz band;
In view of the mail addressed to Orange Meeting as of May 26, 2015 and the response of Orange Meeting as of June 3, 2015;
After deliberation on June 11, 2015;
For the following reasons:
Orange Reunion is authorized, by decision of Authority No. 2007-0156, to use frequencies in the 900 MHz band to establish and operate a second generation mobile network (2G) in the Department of Mayotte.
By letter to the Authority dated 9 March 2015, Orange Meeting requested a review of the restrictions on the use of the frequencies of the 900 MHz band in Mayotte provided for in Decision No. 2007-0156 in order to Be able to use the frequencies allocated to it in the 900 MHz band for Exploit not just a 2G network to the GSM standard, but also a 3G network to the UMTS standard.
1. Legal framework
Order No. 2011-1012 of 24 August 2011 provides for the procedure for the review of the rights of use of the frequencies in Article 59, according to the The following provisions:
" II. -The holder of an authorization to use radio frequencies which has been granted prior to the promulgation of this order and which remains valid for a period of at least five years after 25 May 2011 may request before 24 May 2016 to the Electronic Communications Regulatory Authority and posts to re-examine restrictions on the use of frequencies in its authorisation in the light of Sections II and III of Section L. 42 of the Electronic Communications and Position Code. The Authority shall carry out this review in order to maintain only the necessary restrictions under those provisions. A decree of the Council of State determines the modalities of this review. (...)
In the context of the reviews of authorisations provided for in II and III of this Article, the Authority shall take appropriate measures to ensure compliance with the principle of equality between operators and the conditions for effective competition. "
In accordance with the provisions of Article L. 42 of the CPCE:
" II. -The Electronic Communications and Postal Regulatory Authority may also, under the conditions laid down in Article L. 36-6, provide for restrictions on the types of equipment, networks and technologies used in the bands of Frequencies allocated to electronic communications services in the national frequency band allocation table and assigned to it if necessary for:
a) Avoid harmful interference;
b) Protect public health;
c) Ensure technical quality of service;
d) Optimize radio frequency sharing;
e) Preserve the efficiency of spectrum utilization; Or
f) Achieve an objective set out in Article L. 32-1.
These restrictions are proportionate and non-discriminatory. Where the proposed restrictions have a significant impact on the market, the Electronic Communications and Postal Regulatory Authority shall conduct a public consultation under the conditions laid down in Article L. 32-1. "..."
2. Analysis of the grounds of Article L. 42 of the CPCE Article L. 42
In the first place, the reasons must be examined as follows:
2.1." (a) Avoiding harmful interference "
The Community framework allows Member States to authorize the re-use of the 900 MHz band for the deployment of UMTS, in parallel with the 2.1 GHz band. Furthermore, the technical work carried out at European level, taken up in the Commission Decision of 18 April 2011, amending Decision 2009 /766/EC on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for systems On land capable of providing pan-European electronic communications services in the Community (2011/251/EU), show that cohabitation is possible between GSM and non-GSM systems in the band 900 MHz.
The findings of the Commission's decision being transposable overseas, Therefore does not appear necessary to maintain the technological restrictions in the authorisation of Orange Reunion in the 900 MHz band in order to "avoid harmful interference", as long as the requirements of the Community framework are Respected by the operator.
2.2." (b) Protect public health "
Decree No. 2002-775 of 3 May 2002, which sets the limit values for exposure of the public to electromagnetic fields emitted by the Equipment used in telecommunications networks or radio installations, applies in the 900 MHz band to each operator, for any technology. Thus, the lifting of the restriction in the authorisation of Orange Reunion in the 900 MHz band cannot, by itself, affect public health. This reason therefore does not justify maintaining the restriction on GSM.
2.3." C) Ensure the technical quality of the service "
The use of the 900 MHz band by technologies other than GSM improves the quality of existing services, in particular in terms of flow and latency, without calling into question, By itself, the use of services in GSM, nor degrading the quality of these services. Therefore, this reason does not justify maintaining the restriction on GSM.
2.4." (d) Optimizing the sharing of radio frequencies " And " (e) Preserving the efficiency of the use of the spectrum "
As set out in the aforementioned European Commission Decision 2011 /251/EU, several technologies, including GSM, UMTS and LTE, can be optimally shared 900 MHz band frequencies. The lifting of the restriction cannot, by itself, impair the optimisation of the sharing of radio frequencies. This reason therefore does not justify maintaining the restriction on GSM.
In addition, the use of the 900 MHz band by technologies other than GSM, more efficient, helps to improve the efficiency of spectrum use. This ground therefore does not justify maintaining the restriction on GSM in the authorisation of Orange Reunion.
2.5. Conclusion
It follows from the foregoing that none of the grounds listed in the a to e of II of Article L. 42 of the CPCE precludes the lifting of the restriction on GSM technology provided for in the Orange meeting in the 900 MHz band at Mayotte.
3. Analysis of Reason f of II of Article L. 42 of the CPCE
Second, it is appropriate to examine the sixth and last ground provided for in Article L. 42 of the CPCE. This ground provides that a restriction cannot be maintained " If necessary " For " To achieve an objective set out in Article L. 32-1 of the CPCE ".
The issue of the removal of technological restrictions in the 900 MHz band shall not affect the achievement of the objectives listed in the 1 °, 3 ° bis, 4 ° to 6 °, 8 °, 12 ° and 14 ° to 16 ° of the II Article L. 32-1 of the CPCE, shall be considered in the following developments only the other objectives referred to in this Article.
3.1. On the objectives mentioned in the 13 ° and 17 ° of the II of Article L. 32-1 of the CPCE
"13 ° [Ensure] respect for the greatest possible neutrality, from a technological point of view, of the measures they take" And " 17 ° [Ensure] that all types of technologies and all types of electronic communications services can be used in the frequency bands available for these services where possible.
Technological restrictions in the 900 MHz band contribute specifically and directly to the pursuit of these two objectives.
3.2. On the objectives mentioned in 2 °, 3 ° ter and 9 ° of the II of Article L. 32-1 of the CPCE
" 2 ° [Ensure] the exercise for the benefit of users of effective and fair competition between network operators and suppliers of Electronic communications services. As such, they shall ensure the exercise of competition in relation to the transmission of content and, where appropriate, the promotion of infrastructure-based competition " ; " 3 ° ter [Ensure] to take account of the diversity of competition and consumption situations in the different geographical areas of the national territory " ; " 9 ° [Ensure] that there is no discrimination, in similar circumstances, in the treatment of operators. "
The allocation of the 900 MHz band frequencies to Mayotte has been carried out in a given technological context. Verify that the lifting of the restriction on GSM technology in the Orange Meeting does not create a distortion of competition between operators for the supply of other services than those currently provided.
3.2.1. Analysis of the lifting of restrictions leading to the possibility of using UMTS in the 900 MHz band in Mayotte
To this day, the company Orange Meeting is not holding frequencies in the band 2.1 GHz: authorizing The use for UMTS of the frequencies of the 900 MHz band of which it is the incumbent will enable it to offer 3G mobile services to its customers and thus to become 3G operator, in the same way as the other incumbent operators Frequencies usable for 3G in the department of Mayotte. This will thus lead to the promotion of competition by infrastructures, and will stimulate competition between operators, for the benefit of users, allowing in the end the pursuit of the objective 2 ° to ensure " To the exercise for the benefit of users of effective and fair competition between network operators [... and] where appropriate, to the promotion of infrastructure-based competition
. Frequencies held by Orange Reunion 900 MHz to Mayotte and to the frequencies of other operators who currently provide 3G mobile services in this territory, to authorise the company Orange Meeting to use the 900 MHz frequency of which it now holds for UMTS is not Nature to create a distortion of competition vis-à-vis other 3G operators in the department.
As a result, allowing Orange Reunion to reuse its 900 MHz frequencies to establish and operate a 3G network is not To create a distortion of competition between operators and contribute to the pursuit of the objectives referred to in Article L. 32 ° II of Article L. 32-1.
3.2.2. Analysis of the lifting of restrictions leading to the possibility of using the LTE in the 900 MHz band in Mayotte
The situation is, however, different in relation to the operation of a very high speed mobile network (4G) to the LTE standard in Mayotte since, to date, no operator has authorization to provide 4G services in this department.
Now there are solutions that allow reuse for the LTE of the bands Frequencies historically used for GSM. Although it is less advanced and less developed than the ecosystem " LTE 1 800 MHz " (178 existing networks in more than 70 countries), the ecosystem " 900 MHz LTE " Begins to develop (a few networks deployed in Asia, for example). With regard to terminals, a significant proportion of LTE terminals introduced to the market today support the LTE in the 900 MHz band (in July 2014, about 15 % of LTE terminals, according to the Global Mobile Suppliers Association).
Thus, Lifting the restriction on GSM technology provided for in the authorisation of Orange Reunion in the 900 MHz band in Mayotte could allow this operator to provide 4G services before the others, whereas it is planned to launch shortly in the Department a procedure for allocating the available frequencies to establish and Operate a 4G network. Allowing Orange Meeting to operate a 4G network before the outcome of the next frequency allocation procedure in Mayotte could thus prevent the exercise of effective and fair competition on the market
In particular the current market situation, and in order " Compliance with the principle of equality between operators and the conditions for effective competition ", it appears necessary to maintain, at this stage, the restriction to GSM and UMTS technologies in the authorisation to use frequencies of The 900 MHz band owned by Orange Reunion, without prejudice, however, to the review of the terms and conditions of use of the frequencies attached to the Orange Authorization Meeting, which may later be involved.
Accordingly, the review of the The following objectives relate only to the assumption of a lifting of the Restriction to GSM technology to allow Orange Reunion to establish and operate a 900 MHz band 3G network.
3.3. On objectives 3 °, 7 °, 10 °, 11 ° and 12 ° bis of the II of Article L. 32-1 of the CPCE
3.3.1. ' 3 ° [Ensure] the development of employment, effective investment particularly in improved and new generation infrastructure, innovation and competitiveness in the electronic communications sector "
Lifting of the restriction on GSM in the authorisation of Orange Reunion in the 900 MHz band will allow the operator to reuse certain sites deployed in this band to implement UMTS, which is likely to contribute to the development of Effective investment. This re-use should also allow the operator (as well as those who make a similar request) to provide better coverage and quality of mobile services, thus contributing, all other things being equal, to the Development of new electronic communications services and, by implication, innovation, competitiveness and employment, at the level of the overall electronic communications sector and the economy in general. Therefore, it does not appear necessary to maintain in the Orange Authorization 900 MHz band the restriction to GSM technology to achieve this objective.
3.3.2." 7 ° [Ensure] taking into account the interests of all territories and users, in particular with disabilities, elderly or with specific social needs, in access to services and equipment "
Orange's request Meeting Review of its authorisation in the 900 MHz band in Mayotte in order to be able to use the frequencies allocated to it to operate, not only a 2G network, but also a 3G network, aims in particular at " Taking into account the interests of all territories and users " By allowing the entire Mayotte population to benefit from enhanced services.
Given the good radio propagation characteristics of the frequencies " Low " (less than 1 GHz), using 900 MHz frequencies to offer 3G mobile services in a given territory is relevant. On the one hand, the use of low frequencies will favour widespread coverage, on densely populated areas such as in rural areas and, on the other hand, it is not likely to have limitations in relation to The use of band frequencies 2.1 GHz to establish and operate a 3G mobile network.
The lifting of the restriction on GSM technology in the 900 MHz band to Mayotte in the Orange meeting to enable it to operate a network UMTS thus contributes to the pursuit of this objective, and the provision of 3G mobile services to The entire population of Mayotte.
3.3.3." 10 ° [Ensure] the establishment and development of networks and services and the interoperability of services at European level "
The removal of technological restrictions in the 900 MHz band is the expansion of technologies Which may be used in such bands, in accordance with the European framework, which lays down the technical conditions for use. It does not therefore appear necessary to maintain the technological restrictions in order to achieve this objective, since European decisions have already laid down the list of conditions for the use of these frequencies.
3.3.4." 11 ° [Ensure] the efficient use and management of radio frequencies and numbering resources "
The removal of technological restrictions in the 900 MHz band allows for more efficient use of frequencies by The implementation in this band of other more efficient technologies than GSM, while allowing Orange Reunion, if the operator so wishes, to continue, on all or part of its frequencies, the operation of a GSM network. The removal of the restriction in the operator's authorization to operate a 900 MHz 3G network thus contributes to this objective.
3.3.5." 12 ° bis [Ensure] a high level of protection of the environment and population health, in conjunction with ministers responsible for health and the environment "
For the same reasons as previously indicated, it It does not appear necessary to maintain the technological restrictions to achieve this objective, given the existence of a regulation that will continue to exist.
4. Conclusion
The Authority responds favourably to Orange's request. The purpose of this Decision is to authorize the re-use, for UMTS, of the frequencies allocated to it in the band 900 MHz to Mayotte by Decision No. 2007-0156 dated 15 February 2007, which it amends
. Amendments to Decision No. 2007-0156 cited above are intended to:
-allow Orange Reunion to reuse its 900 MHz band frequencies for UMTS in Mayotte;
-specify the designation of the frequencies allocated to Orange Reunion, indicating the frequency bands that can be used Rather than GSM channels;
-define the minimum 3G service offering to be offered by Orange Reunion through the use of UMTS technology in the 900 MHz band, in addition to its existing minimum requirement for 2G services ;
-define, for this additional minimum 3G offering, the minimum level of Quality of 3G services offered by Orange Reunion to its customers in Mayotte (the minimum level of quality of the proposed 2G services remains unchanged);
-to add the deployment obligations to the existing 2G deployment obligations 3G infrastructure and the provision of 3G services to the population of Mayotte;
-to provide for the use of the 900 MHz band in UMTS.
Decides:
Item 2 of Decision No. 2007-0156 of February 15, 2007 is replaced by the following:
" Frequencies Assigned to Orange Reunion are:
-in the 900 MHz band:
| Department of Mayotte | Rising Bands: 880.1-882.9 MHz 895.3-902.5 MHz |
| Top-down bands: 925.1-927.9 MHz 940.3-947.5 MHz |
Appendix 1 to Decision No. 2007-0156 is deleted.
Annex 2 to Decision No. 2007-0156 is amended as set out in the Annex to this Decision.
The Director General of the Electronic Communications and Post Regulatory Authority shall be responsible for the execution of this Decision, which shall, together with its annex, be notified to the company Orange Meeting and published on the Authority's website and in the Official Journal of the French Republic.
ANNEX
TO THE 2015-0504 OF 11 JUNE 2015 AMENDING DECISION NO. 2007-0156 OF THE 15 FEBRUARY 2007
Paragraph 1 of Annex 2 to Decision 2007-0156 is replaced by the following paragraph:
" 1. The nature and technical characteristics of the equipment, networks and services which may use the frequency or frequency band as well as their conditions of permanence, quality and availability and, where appropriate, their schedule of Deployment and their
1.1 coverage area. Nature and Characteristics of Equipment
The operator is authorized to establish and operate a radio network open to the public for the purpose of providing the services described in paragraph 1.2. In this context, it is authorised to establish links between the radio transmitters of its network and the terminals of its customers.
The network that the operator deploys to comply with this specification complies with the GSM standard, such as
The operator can also use the UMTS standard, of the IMT family, in the frequencies allocated to it in the 900 MHz band.
Orange Reunion communicates to the Communications Regulatory Authority Electronic and postal services, at its request, the standards to which the equipment meets That it uses.
The operator complies with the current regulations for publishing technical specifications for interfaces between its network and terminals.
1.2. Service Offering
The operator uses the frequencies allocated in Article 2 of this Decision to provide the public with 2G and 3G electronic communications services.
In terms of 2G electronic communications services, The operator must provide in particular the following types of services:
-voice services, including telephone service to the public;
-at least one interpersonal messaging service;
-at least one data transfer service in packet mode.
In terms of services 3G, the operator must provide, in particular, the following types of services:
-voice services, including telephone service to the public;
-video telephony services;
-internet access;
-packet mode data transmission at 384 kbit/s downwards and 128 Kbps in the amount.
1.3. Permanency, quality, and availability
1.3.1. Availability and quality of network and services
The operator must respect the coverage of the service quality obligations for the telephone service to the public, personal messaging services, and Of data transfer in packet mode on its mobile network. The indicators are calculated for the use of portable terminals with a power of 1 or 2 watts.
For telephone service to the public:
| Urban success rate for communications inside and outside buildings for different types of uses | Greater than 90 |
The rate of success is the rate of telephone communications established, maintained for a duration of two minutes and completed under normal conditions from the first Attempt to access the service.
For Mail Service Interpersonal:
| Message rate received within 30 seconds | Greater than 90 |
The message rate received is the rate of messages delivered to the recipient in their integrity from the first attempt.
For the data movement service in packet mode on its mobile network:
For 3G services:
The operator respects the following minimum performance:
| Internet connection success rate within 30 seconds | Greater than 90 % |
| Downloaded 5 MB file rate at an average rate over 200 Kbps | Greater than 90 % |
| 1 MB file rate sent at an average rate greater than 70 Kbps | Greater than 90 |
In order to take account of the maturation of the data transfer services in packet mode and the observed performance of the technology at full load, the Authority may subsequently, after consulting the operator, review the obligations For data transfer services in packet mode on its third-generation mobile network.
For 2G services:
In order to take account of the maturation of the data transfer services in packet mode and the observed performance of the technology at full load, the Authority may subsequently define, after consulting the operator, the obligations For packet mode data transfer services on its second-generation mobile network.
1.3.2. Measurement of quality of service
The operator shall financially support the implementation of quality measures of the mobile services marketed by the operator, which are carried out in accordance with a defined methodology and periodicity By the Authority. The operator is associated with the methodology definition. The results of the investigation are transmitted to the Authority and published in a format defined by the Authority.
1.4. Territory Coverage
Minimum deployment obligations are defined for this authorization to use the frequencies referred to in section 2.
These obligations correspond to the provision of mobile 2G services and Of 3G mobile services in the department of Mayotte respecting the following minimum values, for the following due dates:
| Proportion of population covered in mobile services 2G | 90 % | ||
| Proportion of population covered in 3G mobile services | 30 % | 70 % |
T1 designating The date of authorization to use the frequencies mentioned in Article 2 of this Decision, in the department of Mayotte (T1 = 15 February 2007);
T2 designating the date of authorisation for the UMTS of the frequencies referred to in Article 2 of this Decision, in the Department of Mayotte (T2 = 11 June 2015).
This deployment obligation is defined as the provision of services described in paragraph 1.2 outside of buildings with portable terminals with a power of 1 or 2 watts. "
Paragraph 3 of Annex 2 to Decision 2007-0156 amended is replaced by the following paragraph:
" 3. Royalties payable by the holder of the authorisation
Subject to further regulatory developments, from the day on which the abovementioned frequencies are allocated, the operator shall pay an annual fee for the use of the frequencies Radio frequencies allocated in the 900 MHz and 1 800 MHz bands, according to the following schedule:
| Department of Mayotte | 572.5 | 1 % of 3G |
The operator will pay an annual fee for the use of radio frequencies, consisting of:
-of a fixed share, in proportion to the amount of frequencies allocated for the current year in respect of the use of the frequencies referred to in Article 2, payable before January 31, or the date of making available of the Frequencies for a new allocation;
-a variable portion paid annually by June 30 of the current year for the use of frequencies in the previous year. This variable share is 1 % of the turnover of 3G activities in the department of Mayotte.
This royalty is calculated pro rata temporis for the first year and the last year of the authorization.
Revenue Taken into account in determining the amount of the variable share of the fee shall be that relating to the operation of the 3G network. It includes the following operating revenues (excluding taxes), provided that they are realized through the use of the frequencies allocated to the operator for the operation of a 3G network:
1. Revenues from the provision of telephone service and data transmission to direct and indirect customers (i.e., the retail and wholesale revenues of these services) of the operator. These revenues integrate those of the same nature carried out by the undertakings whose operator owns the control or which is controlled by a company which also has control of the operator. A company is considered to control another if it meets the criteria ofarticle L. 233-3 of the trade code ;
2. Revenue received by the operator on the basis of services or services provided to third parties in connection with the services referred to in 1), in particular the advertising, referencing or the collection of commissions within the framework of the Electronic commerce;
3. Network connection and service revenue;
4. Revenues related to the sale of services (including the provision of content) as part of a voice or data transaction. Remittances to service providers are netted against these revenues;
5. Revenue related to interconnection, excluding calls from another 3G network licensed in France;
6. Revenues from roaming customers on the operator's 3G network;
7. Possibly any new service using 3G frequencies.
The relevant revenue does not include revenue from the sale of terminals.
The operator will have to maintain an information system and cost accounting Allowing for the allocation of 3G, revenue, costs and investments specific to this activity, as well as revenues and costs common to 3G activities and other activities of the operator (GSM or other), according to a fixed nomenclature Jointly by the Minister responsible for electronic communications and The Electronic Communications and Postal Regulatory Authority.
The operator shall deliver, each year before 30 May, to the Minister responsible for electronic communications, to the Minister responsible for the budget and to the Regulatory Authority Electronic communications and posts, on the one hand, a report of the audited accounts relating to the activity 3G and containing in particular the information to determine the amount of the fee and, on the other hand, the forecast accounts For the following year. The funding for this audit is provided by the operator. If the operator is also the holder of a GSM authorisation, it will supplement a report on the respective use of the GSM and 3G frequencies, in particular for the voice service, by customers with access to the two mobile networks of The operator.
Done at Paris, June 11, 2015.
The President,
S. Soriano
