Legal provisions of COM(2007)480 - Selection and authorisation of systems providing mobile satellite services (MSS)

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dossier COM(2007)480 - Selection and authorisation of systems providing mobile satellite services (MSS).
document COM(2007)480 EN
date June 30, 2008

Contents

TITLE I - OBJECTIVE, SCOPE AND DEFINITIONS

Article 1 - Objective and scope

1. The purpose of this Decision is to create a Community procedure for the common selection of operators of mobile satellite systems as well as to lay down provisions for the coordinated authorisation by Member States of the selected operators to use radio spectrum for the operation of mobile satellite systems, in order to facilitate the development of a competitive internal market for mobile satellite services in the Community.

2. Operators of mobile satellite systems shall be selected through a Community procedure, in accordance with the provisions laid down in Title II.

3. The selected operators of mobile satellite systems shall be authorised by Member States in accordance with the provisions laid down in Title III.

4. Operators of complementary ground components of mobile satellite systems shall be authorised by Member States in accordance with the provisions laid down in Title III.

5. This Decision applies to the 2 GHz frequency band, comprising radio spectrum from 1980 to 2010 MHz for Earth to space communications, and from 2170 to 2200 MHz for space to Earth communications, according to Decision 2007/98/EC.

Article 2 - Definitions

1. The definitions laid down in Directive 2002/21/EC and Directive 2002/20/EC shall apply for the purposes of this Decision.

2. The following definitions shall also apply:

(a) mobile satellite systems shall mean networks and associated facilities capable of providing radiocommunications services between a mobile earth station and one or more space stations, or between mobile earth stations by means of one or more space stations, or between a mobile earth station and one or more complementary ground based stations used at fixed locations. Such a system shall include at least one space station;

(b) complementary ground components of mobile satellite systems shall mean ground based stations used at fixed locations in order to improve the availability of the mobile satellite service in zones where communications with one or more space stations cannot be ensured with the required quality.

TITLE II - SELECTION PROCEDURE

Article 3 - Comparative selection procedure

1. A comparative selection procedure shall be organised by the Commission for the selection of operators of mobile satellite systems. The Commission shall be assisted by the Communications Committee in accordance with Article 10.

2. The procedure shall aim to bring the 2 GHz frequency band into use without undue delay while allowing applicants a fair and non-discriminatory opportunity to participate in the comparative selection procedure.

3. The Commission shall define, in accordance with the procedure referred to in Article 10(2):

(a) the frequency bands;

(b) the amount of spectrum to be assigned to the selected applicants;

(c) detailed requirements of the comparative selection procedure;

(d) the particulars and documents to be included in applications;

(e) the conditions under which information about applications can be disclosed.

The call for applications and any detailed requirements defined pursuant to this paragraph shall be published in the Official Journal of the European Union.

4. The Commission may seek advice and assistance from external experts for the analysis and/or evaluation of applications. Such external experts shall be selected on the basis of their expertise and high level of independence and impartiality.

Article 4 - Admissibility of applications

1. The following admissibility requirements shall apply:

(a) applicants shall be established in the Community;

(b) applications shall identify the amount of radio spectrum requested and shall include statements and evidence concerning the required milestones and the selection criteria as well as any other particulars and documents.

2. Applications shall be submitted to the Commission.

3. The Commission shall decide on the admissibility of applications. Any decision of the Commission on non-admissibility of applications shall be adopted in accordance with the procedure referred to in Article 10(2).

4. The Commission shall forthwith inform the applicants whether their applications have been considered as admissible and publish the list of admissible applicants. The Commission may request applicants to supply additional information within a specific time period between 5 and 20 working days. The application shall be deemed inadmissible if such information is not supplied within the specified time period.

Article 5 - First selection phase

1. Within 40 working days following publication of the list of admissible applicants, the Commission shall assess whether applicants have demonstrated the required level of technical and commercial development of their respective mobile satellite systems. Such assessment shall rely on the completion of a number of the milestones listed in the Annex to this Decision. These milestones will be further defined by the Commission in accordance with the procedure referred to in Article 10(2). Credibility and viability of the proposed mobile satellite systems shall be taken into account throughout this selection phase.

2. If the combined demand for radio spectrum requested by eligible applicants retained according to paragraph 1 of this Article does not exceed the amount of radio spectrum available, identified pursuant to Article 3(3), the Commission shall decide in accordance with the procedure referred to in Article 10(3) that all eligible applicants shall be selected and identify the respective frequencies which each selected applicant shall be authorised to use in each Member State for the operation of a mobile satellite system in accordance with Title III.

3. The Commission shall forthwith inform the applicants whether their applications have been considered as eligible for the second selection phase or have been selected according to paragraph 2. The Commission shall publish the list of eligible or selected applicants.

4. In the absence of eligible applicants, or if spectrum remains available in the 2 GHz band following the first selection phase, the Commission may decide, in accordance with the procedure referred to in Article 10(3), to organise a new selection procedure.

Article 6 - Second selection phase

1. If the combined demand for radio spectrum requested by eligible applicants identified in the first selection phase exceeds the amount of radio spectrum available, identified pursuant to Article 3(3), the Commission shall select eligible applicants according to the following further criteria:

(a) consumer and competitive benefits;

(b) spectrum efficiency;

(c) pan-EU geographic coverage;

(d) public policy objectives.

2. The detailed requirements under each selection criterion shall be defined by the Commission in accordance with the procedure referred to in Article 10(2). Credibility and viability of the proposed mobile satellite systems shall be taken into account throughout this selection phase.

3. Within 80 working days following publication of the list of eligible applicants identified in the first selection phase, the Commission shall, in accordance with the procedure referred to in Article 10(3), adopt a decision on the selection of applicants. The decision shall identify the selected applicants as well as the frequencies which each selected applicant shall be authorised to use, by each Member State, for the operation of a mobile satellite system in accordance with Title III.

TITLE III - AUTHORISATION

Article 7 - Authorisation of the selected applicants

1. Member States to be covered by the system of the selected applicant shall ensure that their competent authorities grant to such applicant any right to use the specific radio frequency identified in the Commission decision adopted pursuant to Article 5(2) or Article 6(3) and any authorisation necessary for the operation of a mobile satellite system. The Commission decision shall set the time limit in which the rights and authorisations shall be granted.

2. The rights covered by paragraph 1 of this Article shall be subject to the following common conditions:

(a) applicants shall use the assigned radio spectrum for the provision of mobile satellite systems;

(b) applicants shall meet the milestones identified in the Annex to this Decision according to the deadlines defined by the Commission in accordance with the procedure referred to in Article 10(2);

(c) applicants selected according to Article 5(2) shall meet minimum requirements related to consumer and competitive benefits, spectrum efficiency, pan-European coverage, and public policy objectives as further defined by the Commission in accordance with the procedure referred to in Article 10(2);

(d) applicants shall provide to competent authorities of Member States an annual report detailing the status of development of a mobile satellite system;

(e) applicants shall meet any commitment undertaken during the comparative selection procedure;

(f) rights of use and authorisations shall be granted for a duration defined by the Commission in accordance with the procedure referred to in Article 10(2).

Article 8 - Complementary ground components

1. Member States shall ensure that, upon request, their competent authorities grant to the applicants selected in accordance with Title II and authorised to use the spectrum pursuant to Article 7 any authorisations necessary for the provision of complementary ground components of mobile satellite systems on their territories.

2. Member States shall not select or authorise operators of complementary ground components of mobile satellite systems before the selection procedure provided for in Title II is completed by the adoption of a decision by the Commission pursuant to Article 5(2) or Article 6(3). This is without prejudice to the use of the 2 GHz frequency band by systems other than those providing mobile satellite services within the limits of Decision 2007/98/EC.

3. Any national authorisations issued for the operation of complementary ground components of mobile satellite systems in the 2 GHz frequency band shall be subject to the following common conditions:

(a) operators shall use the assigned radio spectrum for the provision of complementary ground components of mobile satellite systems;

(b) complementary ground components shall constitute an integral part of a mobile satellite system and shall be controlled by the satellite resource and network management mechanism; they shall use the same direction of transmission and the same portions of frequency bands as the associated satellite components and shall not increase the spectrum requirement of the associated mobile satellite system;

(c) independent operation of complementary ground components in case of failure of the satellite component of the associated mobile satellite system shall not exceed 18 months;

(d) rights of use and authorisations shall be granted for a duration defined by the Commission in accordance with the procedure referred to in Article 10(2).

Article 9 - Monitoring and enforcement

1 . Authorised operators shall be responsible for compliance with any conditions attached to their authorisations and for payment of any applicable authorisation and/or usage fees and charges as required by laws of Member States.

2. Member States shall monitor compliance by authorised operators with the conditions of authorisations issued by their national authorities and shall inform the Commission of the results of such monitoring on an annual basis.

3. The Commission shall define, in accordance with the procedure referred to in Article 10(2), any appropriate modalities for coordinated monitoring and/or enforcement procedures, including coordinated suspension or withdrawal of authorisations, in particular for breaches of the common conditions provided for in Article 7(2).

TITLE IV - GENERAL AND FINAL PROVISIONS

Article 10 - Committee

1. The Commission shall be assisted by the Communications Committee set up by Article 22 of Directive 2002/21/EC.

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

Article 11 - Entry into force

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 12 - Addressees

This Decision is addressed to the Member States.