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Review Of November 13, 2008 Decree, As Amended, Establishing The National Plan For The Allocation Of Frequencies (Pnrf).

Original Language Title: Modifica del decreto 13 novembre 2008, e successive modificazioni,recante il piano nazionale di ripartizione delle frequenze (PNRF).

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The MINISTER of ECONOMIC DEVELOPMENT having regard to the consolidated text of the laws regarding postal, telecommunications and approved by bancoposta by Decree of the President of the Republic March 29, 1973, # 156; Having regard to the code of electronic communications, approved by Legislative Decree 1 St August 2003 No. 259; Having regard to the consolidated radio and television approved by Legislative Decree July 31, 2005, n. 177, March 15, 2010, as amended by Legislative Decree No. 44, incorporating the consolidated radio and audiovisual media services and, in particular, article. 42, paragraph 3; Having regard to the Decree-Law May 18, 2006, n. 181, converted, with amendments, by law July 7, 2006, n. 233, containing "urgent provisions concerning reorganization of the powers of the Presidency of the Council of Ministers and ministries," with which it was set up, among other things, the Ministry of economic development; Having regard to the Decree-Law May 16, 2008, n. 85, converted, with amendments, by law no July 14, 2008 121, containing "Provisions for the adaptation of governance structures in accordance with art. 1, paragraphs 376 and 377, December 24, 2007, law n. 244 ", which were transferred to the Ministry of economic development, with the inherent financial resources, equipment and personnel, the functions already carried out by the Ministry of international trade and to the Ministry of communications; Having regard to the Decree of the President of the Republic November 28, 2008, # 197, bearing the "organisational regulations of the Ministry of economic development"; Having regard to the Decree of the President of the Council of Ministers June 24, 2008 regarding "Reconnaissance in administrative structures transferred to the Ministry of economic development, in accordance with art. 1, paragraph 8, of the Decree-Law May 16, 2008, n. 85, converted, with amendments, by law no July 14, 2008 121 ", published in the Official Journal No. 220 of September 19, 2008; Having regard to the Decree of the Minister of economic development November 13, 2008 with which it was approved the national plan for the allocation of frequencies, published in the ordinary supplement to Gazzetta Ufficiale No 273 of November 21, 2008, as amended by Ministerial Decree November 4, 2010; Having regard to the Decree of the Minister of economic development May 7, 2009 laying down general managerial offices not discovery of the Ministry of economic development, published in the ordinary supplement to Gazzetta Ufficiale n. 152 of July 3, 2009; Having regard to the Decree of the President of the Republic October 4, 2010 published in the official journal October 6, 2010, # 234 with the appointment as Minister of economic development of Hon Paul Romans; Having regard to law No 220 December 13, 2010 laying down rules for the annual and multiannual budgeting (law of stability 2011); Having regard to the European Commission decision 2010/267/EC on the harmonisation of the technical conditions of use of 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union; Having regard to the European Commission decision 2010/368/EC amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices; Having regard to the decision of the CEPT ECC/DEC/(09) 03 on the harmonization of the 790-862 band for fixed and mobile communications networks; Having regard to the opinion of the authority for communications guarantees made on 1 St April 2011;
Decrees: Art. 1

Short-range devices 1. Footnote 1 referred to in the Ministerial Decree of November 13, 2008 is hereby amended as follows: "1-In accordance with the European Commission decision 2006/771/EC as amended and CEPT ERC/DEC/(01) 16, the frequency bands 9-148 .5 kHz, -5000 kHz, 400-600 kHz, 3,155 148.5-3,400 kHz, 5,000-30,000 kHz, 6,765-6,795 kHz, 7,400-10,200 8,800 11,000 kHz kHz kHz 13,553-13,567-26,957-27,283 kHz can be used for collective use by short-range devices for applications with inductive type technical characteristics of the CEPT recommendation ERC/REC 70-03 (annex 9). These applications fall within the regime of "free use" pursuant to art. 105, paragraph 1, letter g) electronic communications code, enacted with Decree 1 St August 2003 ". 2. The note 14 Ministerial Decree November 13, 2008 is hereby amended as follows: "14-The frequency range 456.9-457.1 kHz can be used for collective use by short-range devices used for locating avalanche victims and having the technical characteristics of the CEPT recommendation ERC/REC 70-03 (annex 2). These applications fall within the regime of "free use" pursuant to art. 105, paragraph 1, letter n) electronic communications code, enacted with Decree 1 St August 2003 ". 3. The 110th Ministerial Decree note November 13, 2008 is hereby amended as follows: "110A-In agreement with the European Commission decision 2006/771/EC as amended the frequency bands -108 MHz and 863-865 MHz 87.5 can be used for collective use by short-range devices audio systems with the technical characteristics of the CEPT recommendation ERC/REC 70-03 (annex 13). Analogue narrowband voice applications should only use subband 864.8 -865 MHz in accordance with the above recommendation. These applications fall within the regime of "free use" pursuant to art. 105, paragraph 1, point k) electronic communications code, enacted with Decree 1 St August 2003. 863-865 MHz frequency band can also be used for collective use even by non-professional wireless microphones for short range devices, with the technical characteristics of the CEPT recommendation ERC/REC 70-03 (annex 10). These applications fall within the regime of "free use" pursuant to art. 105, paragraph 1, letter h) electronic communications code, enacted with Decree 1 St August 2003 ". 4. The note 110B referred to Ministerial Decree November 13, 2008 is hereby amended as follows: "110B-In accordance with the Commission decisions 2006/771/EC as amended 868.6 MHz frequency bands -868.7, -869.4 MHz and -869.3 MHz 869.25 869.3 -869.7 869.65 MHz may be used for collective use by short-range devices intended for generic alarm systems with the technical characteristics of the CEPT recommendation ERC/REC 70-03 (annex 7). In agreement with the European Commission decision 2006/771/EC as amended 869.2 -869.25 MHz frequency band can be used for collective use by short-range devices intended for alarms for social purposes and having the technical characteristics of the CEPT recommendation ERC/REC 70-03 (annex 7). These applications fall within the regime of "free use" pursuant to art. 105, paragraph 1, point e) electronic communications code, enacted with Decree 1 St August 2003 ".