Opinion of December 9, 2008 on the national project for the reuse of frequencies freed up by the end of analog diffusion
Opinion no. 2008-9 of December 9, 2008 on the draft national plan for the reuse of frequencies released by the end of analog diffusion and on the draft modification of the national frequency band allocation table
Pursuant to article L. 41 of the French Post and Electronic Communications Code, the French Superior Audiovisual Council has been asked to give its opinion on a draft amendment to the national breakdown table for radio frequencies, as part of the implementation of the draft national plan for the reuse of frequencies freed up by the end of analog broadcasting, as provided for in article 21 of the amended law of September 30, 1986 on freedom of communication.
After deliberation at its plenary meeting of December 9, 2008, it issues the following opinion:
1° On the streaming of part of the frequencies freed up by the shutdown of analog terrestrial television to mobile broadband electronic communications services:
The Board notes the Government's decision to reallocate the 790-862 MHz frequency sub-band to electronic communications services for very high-speed mobile Internet access, as of December 1, 2011, for territories in Region 1 of the International Telecommunication Union.
It notes that this decision calls into question the planning model hitherto used for the transition to digital diffusion, which was based on the frequencies negotiated by France at the 2006 Regional Radiocommunication Conference.
This situation creates major uncertainty as to the possibility of satisfying the needs identified for the audiovisual industry, as transmitted by the Conseil in its contribution to the consultation on the digital dividend, approved by the Digital Dividend Commission and retained by the Government. The Conseil notes that the studies that could lead to the conclusion that it would be possible for the entire audiovisuel supply to coexist with a sub-band of nine channels allocated to other services have not yet been published, and have therefore not been the subject of contradictory analyses. He therefore demands that he be provided with these studies.
Pending the provision of these studies, the Conseil has serious reservations about the possibility of offering, without the sub-band, in the long term and under conditions compatible with the economics of the sector, ten multiplexes with national coverage for DTT (coverage of at least 95% of the population in mainland France), two multiplexes for personal mobile television (coverage of at least 70% of the population) and one multiplex for local television.
Once it has this information, the Conseil will assess the resources actually available for audiovisual services, taking into account the needs of the audiovisual industry, its economic requirements and the necessary competitive balance on the diffusion market.
In addition, the Conseil regrets that the additional planning model offered by the sub-band, which would have enabled certain channels to be shown simultaneously in standard resolution and high definition for a few more years, will disappear at the end of 2011. By this date, however, these channels will not have been able to cease broadcasting in standard mode, given the insufficient rate of high-definition equipment in households and the obligation to continue broadcasting the service in standard definition in accordance with article 30-1 of the law of September 30, 1986. As a result, the absence of the sub-band will significantly slow the transition of all DTT channels to high definition.
Similarly, the Conseil recalls that the subtraction of frequency resources from the sub-band risks compromising the ability to fully meet the needs of local television stations.
Border regions, where the requirement for equitable access to the radio spectrum between states significantly increases the shortage of frequencies, will be particularly affected by the subtraction of sub-band channels.
However, it remains essential to avoid creating a new digital divide that could exclude certain territories from the full range of terrestrial terrestrial television audiovisuel supplies. This is why it is desirable that the Commission should be able, on a case-by-case basis, in border areas and when no other realistic solution can be envisaged, to use one or even two sub-band channels per zone, beyond the November 30, 2011 analog switch-off date.
The Commission must therefore have special status in the 790-830 MHz sub-band, enabling it to plan such exceptions. This is how we perform the footnote F45a to the draft modification of the national frequency band allocation breakdown table, which may make it possible to take account of the specificities of coordination in border areas, but which deserves to be made more explicit.
Lastly, the Board summons the Government's attention to the fact that no specific funding is proposed at this stage for the streaming of sub-band channels by the audiovisual industry to mobile electronic communications services. In spectrum management, however, it is standard practice for beneficiaries of the release of a frequency band to bear the costs associated with this release. In its report of July 23, 2008, the Digital Dividend Commission stated that "as beneficiaries of part of the frequencies freed up by the analogue switch-off, and in view of the value that could be generated around the allocated frequencies, operators could legitimately be asked to contribute. [...] They could also be asked, in a manner to be determined, to make a fair contribution to all or part of the costs of the DTT digital upgrades required to free up this sub-band."
As it indicated in its opinion on the draft plan for the cessation of analog diffusion and the shift to digital, the Conseil proposes to evaluate the amount of financing required to free up the sub-band.
In addition, for the reasons set out in that opinion, it reiterates that it is essential to have the entire UHF band (470-830 MHz) available until November 30, 2011, in order to complete the analog switch-off process.
2° On the guidelines for the negotiating mandate subsequently entrusted to the Agence nationale des fréquences:
Subject to the clarifications set out below, the Board approves the guidelines proposed in the draft plan submitted by the Government, aimed at defining the principles of border negotiations in the context of implementing the streaming of frequencies in the 790-862 MHz sub-band to mobile electronic communications services.
Firstly, the Board considers that these guidelines must incorporate the priority objective of accelerated reconstruction of the "target plan". Given the imminence of decisions to stop analog diffusion in the first regions, a major effort will have to be made in the very short term to identify replacement frequencies to rebuild the multiplexes at the borders. If this work cannot be carried out, the current DTT supply - 18 free-to-air channels, 4 free-to-air and high-definition channels, 10 pay-TV channels including one in high definition - will not be fully available in these areas when analog broadcasting ceases.
This reconstruction will have to ensure that the new target plan negotiated at the borders provides each of the multiplexes shown with coverage at least equal to that currently available. Consequently, the identification of additional channels to increase the number of multiplexes in border regions should only be considered once this imperative of continuity of digital terrestrial coverage has been guaranteed, and without causing any further deterioration in the service area of the existing offer, to the extent that viewers may find themselves deprived of channels they previously received. Indeed, while some studies claim to be able to extract a multitude of additional multiplexes from the spectral resource, they seem to ignore certain factors that increase the cost of this extraction, in particular the degradation of existing coverage and, as a corollary, the multiplication of transmitters to partially absorb this degradation.
Lastly, and in accordance with article 9 of the law of September 30, 1986, the Conseil wishes to be consulted by the Agence nationale des fréquences, zone by zone, prior to any negotiations aimed at increasing the number of frequencies at the borders, so as to ensure that the frequencies negotiated are compatible with the needs of the audiovisual industry and guarantee the continuity and quality of digital terrestrial coverage as well as the improvement of the competitive situation on the diffusion market.
3° On the protection of radio broadcasting below 790 MHz from new mobile electronic communications networks above 790 MHz:
The Conseil considers that the continued development of digital terrestrial television supplies, in line with the objectives set by law no. 2007-309 of March 5, 2007 on the modernization of audiovisuel diffusion and television of the future, and with the objectives of the France numérique 2012 plan, requires full and unrestricted use of the 470-790 MHz frequency band.
Particularly concerned about harmful interference that could be caused by new mobile electronic communications services above 790 MHz, it summons the authorities' attention to the need to guarantee good reception of audiovisuel services.
It therefore hopes that the draft national plan for the reuse of frequencies freed up by the end of analog diffusion will reaffirm the principle of absolute protection of radio broadcasting below 790 MHz.
Studies carried out at European level have shown that there is a significant risk of interference with DTT reception by mobile communication schemes in the sub-band. Under the aegis of the Agence nationale des fréquences and with the support of the French Superior Audiovisual Council, technical studies and trials should be set up to better assess the extent of the interference in question.
It will also be necessary to take all necessary measures, as far in advance as possible, to limit the negative impact of these disturbances on the proper reception of DTT, both now and in the future, in the event of densification or subsequent modifications to the frequency plan.
Firstly, the French authorities will have to promote, at international level, the definition, for future mobile schemes deployed in the sub-band, of technical conditions likely to guarantee the best possible protection for DTT. In particular, interference-causing emissions from these schemes will have to be limited by the application of appropriate filtering on base stations. From this point of view, the importance of making provision for a guard band as of frequency 790 MHz will have to be studied.
Secondly, an a priori control procedure, involving simulations and measurements, should be defined for the installation of base stations to ensure that there is no risk of interference when they are put into service. Under the aegis of the Agence nationale des fréquences, this procedure will have to be established by consensus between the various players involved.
Finally, should these precautions not be sufficient, and interference be detected, it would be necessary to give a ruling on the question of financing solutions for resolving such interference a posteriori, such as the installation of filters on individual and collective DTT reception installations. The Conseil considers it essential that the operators who will benefit from the use of the sub-band frequencies should assume the entire cost in return for the use of this part of the spectrum.
4° On band III:
The Conseil is delighted that it now has the possibility of allocating Band III to digital terrestrial radio broadcasting, in line with its recommendations and operators' expectations.
On the draft national frequency band allocation breakdown table, the Board recommends deleting footnote F38. The switch to exclusive status for radio broadcasting in the 174-223 MHz band in Region 1 of the International Telecommunication Union de facto covers the territory of Reunion.
As a result, the Conseil emphasizes that the subtraction of the 790-862 MHz sub-band leads it to express serious reservations about the possibility of fully satisfying the needs identified for the audiovisual industry, particularly in terms of high definition and local television. In particular, it alerts the government to the risk of a digital "divide", which could deprive certain territories - particularly at the borders, given the scarcity of frequency resources - of access to a substantial part of the terrestrial hertzian television audiovisuel service supply.
On the other hand, the Commission approves the changes made to the national frequency band allocation table to support the deployment of digital terrestrial radio.
The Conseil also wishes to summon the Government's attention to the need to make provision for specific funding to compensate for the additional costs incurred by streaming channels from the audiovisual industry to mobile electronic communications services.
The present notice will be published in the Official Journal of the French Republic.
For the French Superior Audiovisual Council :
The Chairman,
M. Boyon