Notice no. 2014-19 of November 26, 2014 concerning the proposed modification of the national frequency band allocation table.

On October 8, 2014, the French Superior Audiovisual Council was asked by the Prime Minister for its opinion on a draft amendment to the national frequency band allocation table.

After deliberating on November 26, 2014, it issued the following opinion.

• 1° On the transfer of frequencies in the 694-790 MHz band (also summoned the 700 MHz band) to services other than radio broadcasting, in particular to very high-speed mobile electronic communications services:

The Board notes the Government's decision to allocate the 703-733 MHz and 758-788 MHz frequency sub-blocks to the mobile service for the Autorité de régulation des communications électroniques et des postes (ARCEP), on an equal footing with the radio broadcasting service, as of December^1, 2015, for territories in Region 1 of the International Telecommunications Union (mainland France, Reunion and Mayotte).

It also notes that as of July^1, 2019, the entire 694-790 MHz band will no longer be allocated to the radio broadcasting service.

The Board notes first and foremost that a prerequisite for this new withdrawal of frequencies ⁽¹⁾ - which represents 30% of the total terrestrial resource currently used by digital terrestrial television (DTT) - is to be able to take advantage of the generalization of MPEG-4 compression technology on the in mainland platform in order to stop the MPEG-2 norm. This also presupposes that the law, on the model of the switchover to all-digital, institutes, on the one hand, a support scheme enabling the viewers concerned to equip themselves with receivers compatible with the MPEG-4 standard, and, on the other hand, financial assistance allocated to disadvantaged households or those affected by any loss of coverage.

The Board therefore understands that the present proposal to modify the national frequency band allocation table (TNRBF) is just one element in a broader project, and that the precise schemes to which the Government intends to commit to support DTT and viewers in the national operation to clear the 700 MHz band are not yet known. The Board believes that these legislative or regulatory provisions should cover, in particular :
- equipment subsidies for the most disadvantaged viewers;

- a national information campaign on the consequences of the MPEG-2 switch-off;

- the introduction of a scheme for withdrawing licenses issued to multiplex operators, local authorities, builders, property managers and building owners;

- support for the end of mandatory dual broadcasting in SD and HD;

- any obligations to gradually integrate DVB-T2/HEVC into TV sets and DTT adapters;

- financial support for local authorities;

- specific funding to compensate for costs incurred by streaming 700 MHz band frequencies from the audiovisual industry to mobile electronic communications services;

- covering the costs of resolving interference to DTT reception caused by new users of the 700 MHz band.
In addition, the council points out that this new withdrawal of frequencies interferes with the development of the platform and in particular the deployment of the six new high-definition (HD) channels launched in December 2012 on the 7th and 8th multiplexes summoned "R7" and "R8".

The freeing up of the 700 MHz band for all DTT broadcasts will make it necessary to switch off two national multiplexes, i.e. publishers and broadcasters will be demanded to switch off some of the equipment recently deployed throughout the country. This prospect implies a depreciation in the value of investments made by both public and private TV channels and broadcasters ⁽²⁾, as well as by the French state.

DTT is nine years old. It is an electronic communications network that brings audiovisual services in digital mode to over 97% of the population, with a speed of almost 200 Mbit/s per household, thanks to a network of some 1,940 broadcasting sites. While 1,626 sites are financed by the channels, just over 310 additional diffusion sites are paid for by local authorities under article 30-3 of the law of September 30, 1986 ⁽³⁾. These sites will also be affected by the closure of two national multiplexes and the frequency rearrangements required to free up the 700 MHz band.

Finally, the Conseil recalls that DTT diffusion is of the utmost democratic importance for the pursuit of general interest objectives such as free-to-air broadcasting and the funding and promotion of cultural diversity, and that at this stage there is no alternative to the current scheme. A decline in the terrestrial platform, caused by a withdrawal from the 700 MHz band under conditions that would not be respectful of its current users, would lead to a sharp reduction in the contribution made by publishers to France's cultural economy.

That's why, to ensure that the streaming of the 700 MHz band can be undertaken by the various DTT players, but also be accepted by viewers and local elected representatives, the Board believes that five equally important conditions must be met:

- maintain the platform's appeal when MPEG-2 norms are phased out, so as not to lose viewers in an operation that would be of no benefit to them. At the very least, this will mean ensuring the continuity of existing services, by limiting coverage retractions as far as possible, and relying on six national multiplexes coordinated with the administrations of neighboring countries as soon as possible, and at the latest in good time for operations to clear the 700 MHz band;

- ensure that HD continues to be rolled out to all DTT channels wishing to do so, in line with viewers' expectations. The Conseil recalls that this generalization is an imperative, given that HD will be the default image standard on most diffusion networks by 2016-2017, including the Internet. Otherwise, DTT would quickly become obsolete, as it would suffer from a competitive disadvantage and an image of a "cut-price" platform, particularly in the eyes of advertisers. Unattractive, unable to modernise, its economic viability would be largely threatened;

- guarantee support, particularly financial, for viewers and local authorities alike;

- make provision for specific funding to compensate for the costs incurred by streaming frequencies in the 700 MHz band from the audiovisual industry to mobile electronic communications services;

- at the same time, prepare for the technological transition to a modernised platform, which is the only way to compensate for the 30% loss of terrestrial resources used by DTT today, and to ensure an improved supply in line with the expectations of players and consumers. Authorities will need to send a clear message to industry and manufacturers, to encourage the most informed and earliest possible adoption by consumers of receivers compatible with the DTT norms of the future (DVB-T2 and HEVC). The introduction of labels could facilitate communication with the general public.

• 2° On the negotiating mandate to be entrusted to the Agence nationale des fréquences:

The Agence Nationale des Fréquences (ANFR) must be given a mandate to negotiate at the borders, with the aim of having at least 6 national DTT multiplexes available throughout the process of clearing the 700 MHz band, and in particular as soon as the MPEG-2 norms are phased out, which will be the starting point for the downsizing of the DTT supply.

These 6 national multiplexes should enable coverage of mainland France under the same conditions as today (no reduction in coverage) and with at least the same quality as today (no deterioration in existing DTT supply). The current structure of the DTT network must be preserved. Additional interstitial resources will also be required to maintain local and regional supplies.

The Board also notes that the timetable for clearing the 700 MHz band in Europe is not as tight as that envisaged in France. The frequency plan on which DTT will have to be redeployed until June 2019 to enable the 700 MHz band to be cleared will therefore not be a "definitive" frequency plan, but only a transitional one. This will be the consequence of France's earlier timetable than that of other countries. Thus, to enable our neighboring countries to free up the 700 MHz band as of 2020/2022 ⁽⁴⁾, France will have to agree to more or less substantial changes to its DTT frequency plan, resulting in a second phase of reorganization across the country.

Lastly, in accordance with article 9 of the law of September 30, 1986, the Board must be browsed by the Agence nationale des fréquences, zone by zone, prior to any negotiations, to ensure that the frequencies negotiated are compatible with the needs of the audiovisual industry and minimize the impact of streaming in the 700 MHz band on viewers.

• 3° On the protection of radio broadcasting below 694 MHz:

The Board summons the authorities' attention to the need to guarantee good reception of audiovisuel services.

Studies carried out at European and international level show that there is a significant risk of interference with DTT reception by mobile communication schemes in the 700 MHz band, whether by base stations (this situation could be almost identical to that experienced in the 800 MHz band) or by users' mobile terminals (telephones, ordiphones or tablets that will be used in the vicinity of DTT reception equipment). The council wishes to alert the government to the impact of this new type of interference, which will be introduced into households, and to the ways in which it can be dealt with.

In any event, the Council reiterates the need to take all necessary measures as far in advance as possible to limit the negative impact of such interference on DTT reception.

DTT, folded below the 700 MHz band on a transitional frequency plan, then on a "definitive" plan, will have to be protected from harmful interference caused by mobile networks deployed in the 700 MHz band, as in the 800 MHz band. DTT summonses affected by the reorganization of the 700 MHz band should retain their "anteriority" in the national frequency file.

Finally, the Board considers it essential that operators who will benefit from the use of frequencies in the 700 MHz band assume the full cost of resolving any interference, as is the case in the 800 MHz band.

• 4° On the adoption of a decree amending the TNRBF, which will specify any provisions required to organize the gradual cessation of audiovisuel broadcasts in the 694-790 MHz band, and confer on ARCEP the status of sole primary assignee of the 703-733 MHz and 758-788 MHz blocks as the band is freed up:

First of all, the Board regrets that the timetable set out in the draft decree does not allow it to work out the elements of this complementary text with ARCEP and the administrations concerned by February 2015, given the delays associated with the proceedings for the publication of a decree, including consultation of the Parliamentary Commission for the Modernisation of Audiovisual Diffusion.

In terms of content, the Board will be paying particular attention to the drafting of this supplementary text, and would like to summon the Government's attention to the following points:

- as the technical coordinator of the 700 MHz band frequency release operation for the duration of the national frequency reorganization operation (up to 2020/2022), the Board will particularly need margins of flexibility and responsiveness to bring this project to a successful conclusion within the very tight deadlines set for it;

- the timetable for international negotiations does not seem compatible with drawing up a 700 MHz band release plan that is too precise and locked in as early as February 2015. In particular, the "RSPG ⁽⁵⁾ " has just adopted a draft notice recommending that all border coordination agreements be completed and signed by the end of 2017 at the latest ⁽⁶⁾, which means that many adjustments will be necessary between now and then;

- This is why the Board considers that, following the scheme adopted for the switchover to all-digital terrestrial hertzian diffusion, a timetable defined on a quarterly basis, geographic plate by geographic plate (10 phases are currently envisaged), subject to coordination at borders ⁽⁷⁾, should be favored. In addition to this timetable, the Conseil will publish on its website, as soon as it is able, more precise data throughout the operation, such as the list of sites to be redeveloped, the associated timetable, and other data such as the population covered by the sites concerned, etc.
The Board also considers that the TNRBF amending decree should make provision for :
- DTT frequency summonses remaining in use in the 700 MHz band between December 1, 2015 and June 30, 2019 must be protected from harmful interference caused by the first deployments of mobile services in the 700 MHz band, and may under no circumstances be forced to protect the mobile networks in question ;

- the availability of the remaining 470-694 MHz band will be guaranteed for the audiovisual industry until 2030 (with a possible sunset clause in 2025). In view of the investments required to modernise the platform (notably the technological transition to DVB-T2/HEVC), it is essential to make provision for an appropriate period of time to secure and amortize these investments;

- lastly, the timetable and operational process for clearing the 700 MHz band in Mayotte and Reunion must be further specified, taking into account the specific characteristics and needs of these territories.

The present notice will be published in the Official Journal of the French Republic.

Paris, November 26, 2014.
For the French Superior Audiovisual Council :
Le président,
O. Schrameck

(1) The 800 MHz band, resulting from the "digital dividend", was revoked from DTT at the end of the switchover operations at the end of 2011. (2) The release of the 700 MHz band will lead to early termination of diffusion contracts, whatever the multiplex. (3) The success of these additional transmitters testifies to the strong attachment of local elected officials to DTT. (4) Two deadlines are currently under discussion in Europe. (5) Radio Spectrum Policy Group. The RSPG is a high-level group of government experts set up in 2002 to assist and advise the European Commission on aspects of spectrum policy, policy coordination and, where appropriate, harmonization of conditions relating to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market. (6) "RSPG recommends that [...] Member States begin negotiations as early as possible to ensure that all necessary cross-border coordination agreements will be finalized at the latest by the end of 2017, taking into account the 3 year period envisaged by the RSPG Report "on proposed spectrum coordination approach for broadcasting in the case of a reallocation of the 700 MHz band". (7) Depending on developments in the negotiation of the frequency plan at borders, the scheduling and perimeter of patches may need to be modified to avoid blocking situations.