Decree no. 2005-1168 of September 13, 2005 on the Agence nationale de fréquences and the spectrum redevelopment fund
Decree no. 2005-1168 of September 13, 2005 on the Agence Nationale des Fréquences and the Fonds de Réaménagement du Spectrum and amending the second part (Décrets en Conseil d'Etat) of the French Post and Electronic Communications Code.
Le Premier ministre,
On the report of the Minister of the Economy, Finance and Industry and the Minister Delegate for Industry,
Having regard to the French Post and Electronic Communications Code, in particular articles L. 33-3, L. 34-9, L. 34-9-1, L. 41, L. 41-1, L. 41-2, L. 42-4, L. 43 and L. 97-2 ;
Having regard to Act no. 83-581 of July 5, 1983 on the protection of human life at sea, the habitability of ships and the prevention of pollution, in particular article 3;
Having regard to Decree no. 92-681 of July 20, 1992, as amended, on the revenue and imprest accounts of public bodies;
Having regard to the opinion of the Autorité de régulation des télécommunications dated December 7, 2004;
Having regard to the opinion of the Commission consultative des radiocommunications dated September 28, 2004;
Vu l'avis du comité technique paritaire de l'Agence nationale des fréquences en date du 16 décembre 2004 ;
The Conseil d'Etat (public works section) has been heard,
Decree:
Article 1
Title II of Part Two (Council of State decrees) of the French Post and Electronic Communications Code is amended in accordance with the following articles 2 to 7.
Article 2
Two articles R. 20-44-6 and R. 20-44-7 are added to Section 1 of Chapter I, as follows:
"Art. R. 20-44-6. - At the request of the administration or allocation authority required to reorganize frequencies or have them reorganized, the Agence nationale des fréquences shall determine the expenses and costs necessary for such reorganization, which shall be covered by the spectrum reorganization fund or pre-financed by it.
"Art. R. 20-44-7. - Pre-financed expenses and costs, as defined in article R. 20-44-6, are distributed among holders of a frequency use authorization summonsed at the end of the redevelopments in accordance with the terms and conditions set by the Agence nationale des fréquences. In particular, the agency takes into account the bandwidth of the spectrum allocated and, where this criterion applies, the population of the area covered.
"The agency also sets the schedule for reimbursement contributions due from frequency licensees. The duration of pre-financing may not exceed 5 years from the date of the holder's frequency-use authorization.
"Once the redevelopment operations have been completed, the Agence Nationale des Fréquences sets the final amount of the redevelopment operations and the reimbursements due. "
Article 3
Article R. 20-44-11 is amended as follows:
I- The following paragraph is added to 1°:
"It maintains relations with foreign administrations responsible for spectrum management. To this end, it may exchange experts. "
II. - In 3°, the words: "which approves it" are deleted and the words: "article 21 of the aforementioned law of September 30, 1986" are replaced by the words: "article L. 41".
III. - 5° is amended as follows:
1° The first six paragraphs are replaced by the following provisions:
"5° The agreement or opinion of the agency provided for in the last paragraph of I of article L. 43 is not required for decisions to set up, stream or modify non-military radio installations mentioned in article L. 33-3 or stations whose power is less than a level defined by order of the minister responsible for electronic communications. The same order sets the conditions under which the agency is informed of the location and technical characteristics of these stations and facilities. " ;
2° The eighth paragraph, now the third, is completed by the following sentence: "The notices and agreements mentioned in the present 5° are null and void in the absence of any start of execution of the operations they concern within twelve months of their notification or, if later, of the entry into force of the frequency use authorization. " ;
3° The words "and assigning authorities" are added to the ninth paragraph, which has now become the fourth;
4° In the tenth paragraph, now the fifth, the words "installations" are replaced by "stations".
IV. - In 6°, after the words "spectrum engineering", the following words are added: ". limiting public exposure to electromagnetic fields," are added.
V. - In 9°, after the words "radio frequencies", the following words are added: "sets the amount and breakdown procedures for the corresponding contributions,"; the words: "ensures its implementation" are replaced by the words: "ensures their implementation" and the words: "the appropriations earmarked for this reorganization" are replaced by the words: "the spectrum reorganization fund".
VI. - The following paragraph is inserted after the first paragraph of 10°:
"It ensures compliance with the quality requirements set out in article L. 34-9-1. "
VII. - The article is completed by the following paragraphs:
"12° It carries out inspections to detect infringements of the conformity of the equipment referred to in article L. 34-9. It receives the declarations provided for in article R. 20-11.
"13° It carries out inspections of ships for radioelectric issues, in accordance with article 3 of law no. 83-581 of July 5, 1983, as amended, on the protection of human life at sea, habitability on board ships and pollution prevention.
"14° On behalf of the Minister responsible for electronic communications, it organizes examinations for amateur service operator certificates and manages the international series codes allocated to amateur service radio stations.
"15° On behalf of the minister responsible for electronic communications, it receives and examines requests for frequency summonses relating to a satellite scheme, as referred to in article L. 97-2. "
Article 4
I. - In 9° of article R. 20-44-14, the reference to article R. 52-2-1 is replaced by the reference to article R. 20-44-11.
II. - At the beginning of 15° of article R. 20-44-14, the following words are inserted: "Intervention by the spectrum redevelopment fund or pre-financing by it of redevelopment operations, at the request of the administrations or assigning authorities, the cost of these operations, and".
III. - In articles R. 20-44-15, R. 20-44-16 and R. 20-44-17, the reference to article R. 52-2-4 is replaced by the reference to article R. 20-44-14.
Article 5
In article R. 20-44-22, the words "pour les marchés de l'Etat" are replaced by the words "par le code des marchés publics".
Article 6
Article R. 20-44-23 is amended as follows:
I - 2° is worded as follows :
"2° Le produit de la redevance mentionnée à l'article L. 97-2;".
II. - 3° is deleted; 4°, 5° and 6° become 3°, 4° and 5° respectively.
II. - The following paragraph is inserted after 6°, now 5°:
"The agency collects contributions made by public or private entities for spectrum redevelopment purposes for the benefit of the spectrum redevelopment fund. "
IV. - In the last paragraph, after the words: "The agency's funds", the following words are inserted: " as well as those of the spectrum redevelopment fund," are inserted.
Article 7
In article R. 20-44-24, the words "de dépenses" are replaced by the words "d'avances", and after the words "du 20 juillet 1992", the words "ou après son accord dans les conditions fixées par l'arrêté du 23 décembre 1992 relatif aux conditions dans lesquelles les directeurs d'établissements publics nationaux peuvent instituer des régies d'avances et des régies de recettes" are added.
Article 8
The Minister of the Economy, Finance and Industry, the Minister Delegate for the Budget and State Reform, Government Spokesperson, and the Minister Delegate for Industry are each responsible for the execution of the present decree, which will be published in the Official Journal of the French Republic.