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Decision No. 2015 - 0975 July 30, 2015, Amending Decision No 2006 - 0239 Authorizing The Company Orange To Use Spectrum In The 900 Mhz And 1 800 Mhz To Establish And Operate A Mobile Radio Network Open To The Able...

Original Language Title: Décision n° 2015-0975 du 30 juillet 2015 modifiant la décision n° 2006-0239 autorisant la société Orange à utiliser des fréquences dans les bandes 900 MHz et 1 800 MHz pour établir et exploiter un réseau radioélectrique mobile ouvert au pu...

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JORF n ° 0258 of November 6, 2015
text N ° 95




Decision No. 2015-0975 of 30 July 2015 amending Decision No. 2006-0239 authorizing the company Orange to use frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a mobile radio network open to the Public

NOR: ARTL1526084S ELI: Not available


The Authority Regulation of electronic communications and posts (hereinafter " The ARCEP ") ;
In view of Directive 2002/21/EC as amended by the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Directive) Framework ") ;
In view of Directive 2002/20/EC amended by 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 Decision No 243 /2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual programme on radio spectrum policy, in particular Article 5 thereof;
Seen postal code and electronic communications (hereinafter " CPCE "), in particular Articles L. 42 and L. 42-1;
SeenOrder No. 2011-1012 of 24 August 2011 on electronic communications, in particular Article 59;
Seen decree n ° 2007-1532 , as amended on October 24, 2007, relating to charges for the use of radio frequencies by licensees of Frequencies issued by the CBRA;
Seen decree n ° 2012-436 of 30 March 2012 transposing the new European regulatory framework for electronic communications, in particular Article 29;
In view of the 18 March 2013 amended relative to the national frequency band distribution table;
In light of Decision No. 2006-0140 amended by the ARCEP dated 31 January 2006 authorizing the French radio telephone company to use frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a network Open to the public;
In light of Decision No. 2006-0239 amended by the ARCEP dated February 14, 2006, authorizing the company Orange France to use frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a network Open to the public;
In light of the revised Decision No. 2009-0838 of the ARCEP dated November 5, 2009 authorizing Bouygues Telecom to use frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a network Radio-electric open to the public;
Based on ARCEP Decision No. 2011-1168 dated 11 October 2011 authorizing Bouygues Telecom to use frequencies in the 2.6 GHz band in metropolitan France to establish and operate a mobile radio network open to the public;
Given the ARCEP Decision No. 2011-1169 On October 11, 2011, authorizing the Free Mobile company to use frequencies in the 2.6 GHz band in metropolitan France to establish and operate a mobile radio network open to the public;
Given the ARCEP Decision No. 2011-1170 On October 11, 2011 allowing the company Orange France to use frequencies In the 2.6 GHz band in metropolitan France to establish and operate a mobile radio network open to the public;
In light of Decision No. 2011-1171 amended by the ARCEP as of October 11, 2011, authorizing the French broadcasting company Use frequencies in the 2.6 GHz band in metropolitan France to establish and operate a mobile radio network open to the public;
Seen Decision No. 2012-0037 of the ARCEP dated January 17, 2012, authorizing the company Bouygues Telecom to use frequencies in the 800 MHz band in metropolitan France for Establish and operate a mobile radio network open to the public;
Seen Decision No. 2012-0038 of the ARCEP dated January 17, 2012, authorizing the company Orange France to use frequencies in the 800 MHz band in metropolitan France To establish and operate a mobile radio network open to the public;
Seen Decision No. 2012-0039 of the ARCEP dated January 17, 2012, authorizing the French radio telephone company to use frequencies in the 800 MHz band in France Metropolitan to establish and operate a mobile radio network open to the Public;
Seen Decision No. 2013-0363 of the ARCEP dated March 14, 2013 relative to the application by Bouygues Telecom for reconsideration of the technological restrictions of its licence to use spectrum in the 1 800 MHz band under title II of Article 59 of Order No. 2011-1012 of 24 August 2011 ;
Based on ARCEP Decision No. 2013-0514 dated April 4, 2013 Amending Decision No. 2009-0838 authorizing the company Bouygues Telecom to use frequencies in the 900 MHz and 1 800 MHz bands to establish and operate a radio network open to the public;
Seen Decision No. 2014-1542 of the ARCEP dated 16 December 2014 authorizing the Free Mobile Company to Use frequencies in the 1 800 MHz band to establish and operate a radio network open to the public;
Due to the public consultation on the re-use of the 1 800 MHz band by technologies other than GSM conducted from the 30 July to 28 September 2012, the responses to this public consultation and the synthesis of the Public consultation published by the CBRA;
In view of the ARCEP's guidance document for the introduction of technological neutrality in the 1 800 MHz band published on March 12, 2013;
In view of the mail addressed to Orange as of 9 July 2015 and the response of Orange company as of July 22, 2015;


After deliberation on July 30, 2015;
For The following reasons:


1. Legal framework


The authority to use the Orange frequencies in effect in the 1 800 MHz band (Decision No. 2006-0239 as amended above) restricts the use of its frequencies in this band to GSM technology and does not permit Not the implementation of LTE technology. This provision constitutes a " Restriction " The types of technologies used in the frequency band within the meaning of Article L. 42 of the CPCE.
Order No. 2011-1012 of 24 August 2011 transposing the Directive 2009 /140/EC provides for the review of rights of use in Article 59 according to 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 terms of this
. -Without prejudice to the procedure laid down in II of this Article, as from 25 May 2016, the Electronic Communications and Communications Regulatory Authority shall take the necessary measures to maintain the Frequencies allocated prior to the promulgation of this order and still in force as of May 24, 2016, no restrictions on the use of frequencies other than those required under article L. 42, II and
. Reviews of authorisations provided for in II and III of this Article, the Authority shall take the Appropriate measures to ensure compliance with the principle of equality between operators and the conditions for effective competition. "
The grounds for maintaining a restriction on a technology are stated in a limitative manner to the II of Article L. 42 of the CPCE, which specifies that:
" 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. "
In particular, in accordance with the f of II of Article L. 42 of the ECCC, the ARCEP can maintain restrictions on the types of technologies provided for by authorisations only if this is necessary in order to achieve an objective laid down in Article L. 32-1. The objectives in this article are recalled below:
" II. -Within the framework of their respective powers, the Minister responsible for electronic communications and the Electronic Communications and Communications Regulatory Authority shall, under objective and transparent conditions, take measures Reasonable and proportionate to the objectives pursued and shall ensure:
1 ° A supply and financing of all components of the public electronic communications service;
2 ° A the exercise for the benefit of users of effective and fair competition between network operators and operators Electronic communications service providers. As such, they ensure the exercise of competition in the transmission of content and, where appropriate, the promotion of infrastructure-based competition;
3 ° Development of employment, investment Efficiency, in particular in improved and new generation infrastructures, innovation and competitiveness in the electronic communications sector;
3 ° bis To take account, when setting up access obligations, of the Risk assumed by firms that invest and authorize Arrangements for cooperation between investors and persons seeking access, in order to diversify the risk of investment in the respect of competition in the market and the principle of non-discrimination;
3 ° To take account of Diversity of competition and consumption situations in the different geographical areas of the national territory;
4 ° Definition of conditions for access to and interconnection of networks open to the public Ensure the ability of all users to communicate freely And the equal conditions of competition;
4 ° bis Where there is no discrimination, in like circumstances, in the relations between operators and providers of communications services to the public online for the carriage of traffic And access to these services;
5 ° To the respect by operators of electronic communications of the confidentiality of correspondence and the principle of neutrality with regard to the content of the messages transmitted, as well as the protection of data of a character Staff;
6 ° Respect, by network operators and suppliers Electronic communications services of public order and of defence and public security obligations;
7 ° Taking into account the interests of all territories and users, in particular, disabled, elderly or having Specific social needs, in access to services and equipment;
8 ° To the development of the shared use between operators of the installations referred to in Articles L. 47 and L. 48;
9 o the absence of discrimination, in Similar circumstances, in the processing of operators;
10 ° Place and development of networks and services and interoperability of services at European level;
11 ° To the efficient use and management of radio frequencies and numbering resources;
12 ° A high level Protection of consumers, in conjunction with the Minister responsible for consumer affairs, thanks in particular to the provision of clear information, in particular through the transparency of tariffs and conditions for the use of communications services Electronic public access;
12 ° bis A high level of Protection of the environment and population health, in conjunction with ministers responsible for health and the environment;
12 ° A the sobriety of exposure of the public to electromagnetic fields;
13 ° Respect for the most Possible technological neutrality of the measures they take;
14 ° To the integrity and security of the electronic communications networks open to the public;
15 ° To promote the capacity of end users to Access and disseminate information and access to applications and Services of their choice;
16 ° To promote harmonised European numbers for services to social object and to contribute to the information of end users when services are provided;
17 ° to what all types of technologies and All types of electronic communications services can be used in the frequency bands available for these services where possible; "


2. Guidelines defined by the CBRA and their application to Orange


A guidance document was issued by the ARCEP on March 12, 2013, which outlines the terms and conditions that the CBRA is planning to implement for the application of the provisions of Article 59 of Order No. 2011-1012 of 24 August 2011 relating to the introduction of technological neutrality in the Authorizations to use spectrum issued in the band 1 800 MHz for the deployment of mobile networks.
This guidance document sets out in particular the device to be implemented by the ARCEP in order to take the necessary measures, as of 25 May 2016, to keep in the authorisations Use of frequencies 1 800 MHz no restrictions on the use of frequencies other than those necessary, in application of III of Section 59 of Order No. 2011-1012 above.
As By the ARCEP in its guidance document cited above, the application of III) of Order No. 2011-1012 for The introduction of technological neutrality from 25 May 2016 leads to the conclusion that the maintenance of the technological restriction of the band 1 800 MHz as of 25 May 2016 is not " Necessary " For the achievement of one of the objectives of Article L. 42 of the CPCE, provided that, given the spectrum heritages of operators in the 1 800 MHz band, a rebalancing of access to the frequencies of the 1 800 MHz band is implemented For measures enabling " Respect for the principle of equality between operators and the conditions for effective competition. "
This guidance document explains that, in view of the need to maintain the operation of existing GSM networks, in parallel with the Optimal use of the 1 800 MHz band for the LTE, the market structure around four operators and the fact that Free Mobile did not, then, have a spectrum in the 1 800 MHz band, the band 1 800 MHz distribution target the More capable of meeting the requirement of equality between operators and the conditions of a Effective competition, in a context of lifting the restriction on GSM technology as of 25 May 2016, corresponds to 20 MHz duplex for each of the three historical operators and 15 MHz duplex for Free Mobile, across the territory
no change in circumstances has occurred since then, the target scheme presented in the abovementioned guidelines remains the most appropriate scheme for ensuring equality between operators and the conditions of competition Effective.
The rebalancing of access to the frequencies of the 1 800 MHz band to be Work in the context of lifting restrictions on a type of technology in this band is thus reflected in the return of frequencies by the three incumbent operators and an allocation to the last entrant.
Thus, the lifting of the Restriction to GSM technology of the Orange authorization in the 1 800 MHz band will be made in the following manner as from May 25, 2016:


-the amount of frequencies in the Orange company must be reduced to 20 MHz duplex in the 1 800 MHz band;
-to allow each mobile network operator to have contiguous spectrum in the tape, positioning The frequencies of the Orange company within the 1 800 MHz band must be changed to the following: 1 710-1 730 MHz/1 805-1 825 MHz.


The guidance document of March 12, 2013 also specified that operators who do not wish to lift the technological restrictions in their 1 800 MHz licence Should indicate this to the ARCEP before March 25, 2015, in particular by justifying the reasons for maintaining this restriction on GSM technology. As the company Orange did not send a letter to the ARCEP, it sent it, by letter of 9 July 2015, the modalities for lifting the restriction on GSM technology in its 1 800 MHz band authorisation. Orange accepted them by mail as of July 22, 2015.
These terms are included in this decision.


3. Redevelopment of complementary frequencies in the 1 800 MHz band


In view of the objectives of efficient use and management of spectrum and effective and fair competition and, at this stage of technology development, it appears Necessary, in addition, that each operator has contiguous frequencies in the band in order to have the full potential of these, in particular the use of the widest possible lines, with the aim of offering the best Flows to users.
This is why the target schema Assignment of the band 1 800 MHz, provided for in the guidance document of March 12, 2013, provided that Orange, SFR and Bouygues Telecom would have, as of May 25, 2016, 20 MHz of contiguous duplex each, and that Free Mobile would have 15 MHz
In this regard, it appears necessary, in addition to the frequency refunds described in Part 2 of this Decision, to proceed with a rearrangement of the frequencies by offsetting the frequencies of Orange to the bottom of the Tape.
This decision is intended to make this rearrangement.
To To facilitate the technical operations related to the change of the operator's frequency plans, the operator will have, during a transitional period, between 1 January 2016 and 14 March 2016, of 3.1 MHz additional duplex, which will have previously Released by SFR.
In return, it is appropriate for Orange Company to proceed, in anticipation of the deadline of May 25, 2016, to the return of 3.8 MHz duplex, leading it to a fine of 20 MHz duplex as of March 15, 2016, for Enable the SFR company to carry out its own redevelopment operations
The potential costs of frequency changes, including the above mentioned dates in Parts 2 and 3, are the responsibility of Orange and cannot be compensated financially.


4. Contents of this Decision


In application of the above, the purpose of this Decision is to amend Decision No. 2006-0239 dated February 14, 2006, to authorize Orange to use its band 1 frequencies. 800 MHz in accordance with the conditions set out in Decision 2009 /766/EC of the European Commission as amended by Decision 2011 /251/EU, and take into account the refunds and rearrangements of frequencies previously exposed.
En Other rights and obligations contained in the authorization The use of the 1 800 MHz band of Orange shall remain the same and the provisions of this authorisation shall be in addition to the provisions of Books II of the legislative and regulatory parts of the CPCE, in particular the provisions of the Chapter II of Title 1 of each of these Books, which defines the general rights and obligations that apply to all operators.


5. Use of frequencies at 1 800 MHz to fulfil obligations of other frequency-use authorizations for high-speed mobile networks


Authorizations in the 800 MHz and 2.6 GHz bands provide for Obligations attached to the deployment of a mobile broadband network. In accordance with the provisions of the Orange Frequencies in the 800 MHz and 2.6 GHz bands, the departmental coverage and coverage obligations of the metropolitan area may be met by the operator " By the use of the frequencies allocated to it in the context of this authorisation or, where appropriate, other frequencies of which it would otherwise be the holder. ' For example, the use of the 1 800 MHz band may participate in compliance with the coverage requirements for Orange for the deployment of a high-speed mobile network.
On the other hand, the obligations in the 800 MHz band relating to The coverage of the priority deployment area is specific to this band and must be completed by the use of the 800 MHz band frequencies allocated to Orange (1). As a result, these obligations cannot be met through the use of the band 1 800 MHz.
With respect to the reception of the MVNOs, in the 800 MHz and 2.6 GHz bidding procedures, Orange has committed to the MVNO on the whole of its mobile broadband network. This commitment therefore applies to facilities in the 1 800 MHz band that would be an integral part of the operator's high-speed mobile network. Orange is thus called, in accordance with this framework, to propose, on the whole of its highly broadband mobile network open to the public in metropolitan France, a reception of MVNO respecting these principles. These principles will apply to the band 1 800 MHz when stations implementing these frequencies are part of a very high speed mobile network, in accordance with the provisions of the decisions of the ARCEP No. 2012-0038 and No. 2011-1170. Orange to use frequencies in the 800 MHz band and 2.6 GHz, respectively, to establish and operate a mobile radio network open to the public

Article 1


Article 2 of Decision 2006-0239 as amended is thus amended:


" Art. 2. -The frequencies allocated to Orange are as follows:
1 ° In the band " 900 MHz, across the metropolitan territory:


-a frequency of 10 MHz duplex, corresponding to the duplex band 889.9-899,9 MHz/934, 9-944.9 MHz.


2 ° In the band " 1 800 MHz, across metropolitan territory:


-until December 31, 2015: a frequency of 23.8 MHz duplex, corresponding to the 1713.1-1736.9 duplex band MHz/1808, 1-1831.9 MHz;
-January 1, 2016 to March 14, 2016: A frequency of 26.9 MHz duplex, corresponding to the duplex band 1 710-1 736.9 MHz/1 805-1 831.9 MHz;
-as of March 15, 2016: a frequency of 20 MHz duplex for the duplex band 1 710-1 730 MHz/1 805 -1 825 MHz.


The frequencies of the bands 925-960 MHz and 1 805-1 880 MHz are reserved for the emission of fixed stations.
The frequencies of the bands 880-915 MHz and 1 710-1 785 MHz are reserved for the emission of terminal equipment. "

Article 2


Annex 1 to Decision 2006-0239 modified above is deleted.

Article 3 Read more about This article ...


Annex 2 to Decision 2006-0239 as amended is amended as follows from 25 May 2016.
1 ° Paragraph 1.1 is replaced by the following:
" 1.1. Nature and characteristics of the equipment.
The holder is authorized to establish and operate a radio network open to the public for the supply of 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 holder deploys to comply with this specification complies with the GSM standard, such as
The licensee may use the UMTS standard, the IMT family, in the frequencies allocated to it in the 900 MHz band to comply with the specifications of the Order of July 18, 2001.
The licensee may Use other standards than the GSM standard, in the frequencies allocated to it in the 1 800 MHz band, under the conditions laid down in Decision 2009 /766/EC of the European Commission as amended.
The holder complies with the regulations in force concerning the publication of technical specifications for interfaces Between its network and the terminals.
The frequencies of the 1 800 MHz band, when implemented for the deployment of a high-speed mobile network, in accordance with the definition contained in Decisions Nos. 2011-0598 and No. 2011-0600 Of the Authority as of 31 May 2011, may contribute to the observance of Provisions of the specifications attached to the licences for the use of frequencies in the 800 MHz and 2.6 GHz bands. ' ;
2 ° Paragraph 3 is replaced by the following:
" 3. Royalties payable by the holder of the authorization.
The fee payable in respect of the use of the frequencies by the holder is provided for in the provisions of the Decree No. 2007-1532 of October 24, 2007 modified. "
3 ° Paragraph 4.6 is replaced by the following:
" 4.6. Technical conditions related to the re-use of the 900 MHz and 1 800 MHz bands by technologies other than GSM.
The licensee complies with international standards and rules for the use of frequencies, in particular as regards: Off-band emissions
The holder shall comply with the technical parameters laid down in the amended Decision 2009 /766/EC of the European Commission. "

Article 4


The Director General of the ARCEP is responsible for the execution of this decision, which will be notified to the company Orange and published On the ARCEP website and in the Official Journal of the French Republic.


Done at Paris, July 30, 2015.


The President,

S. Soriano

(1) Orange's authorization in the 800 MHz band (Authority Decision 2012-0038 dated January 17, 2012) provides that " The licensee satisfies this requirement for coverage by the use of the frequencies of the 800 MHz band allocated to it under this authority. "
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