CEPT 1 approved, in 1997, a Decision (ERC/DEC/(97)03 2) on the harmonisation of the use of the 1610-1626.5 MHz, 1980-2 010 MHz, 2170-2200 MHz and 2483.5-2 500 MHz frequency bands by the systems providing mobile satellite services (MSS 3) in Europe. This Decision is based on the segmentation of the various frequency bands by the different access technologies.
Based on this Decision, the operation of two MSS systems (Globalstar and Iridium) in the 1610-1626.5 MHz and 2483.5-2500 MHz frequency bands were authorised by the majority of European administrations, including Portugal. For the 1980-2010 MHz and 2170-2200 MHz bands, no system was implemented for the offer of MSS. It should be noted that this spectrum is also identified at the ITU (International Telecommunications Union) level within the scope of the provision of IMT (International Mobile Telecommunications), namely concerning the satellite component of IMT.
In the interim, with the prospect of the offer of new applications within the scope of MSS, there was the need to update Decision ERC/DEC/(97)03. One of the consequences of this initiative was the elaboration of a new Decision only for the band commonly designated as the 2 GHz band, which resulted in the approval of Decision ECC/DEC/(06)09 in 2006 4, as well as, subsequently, the review of said Decision ERC/DEC/(97) for the remaining bands, which gave rise to the approval of Decision ECC/DEC/(09)02 (June 2009) 5.
Decision ECC/DEC/(06)09, in combination with ECC REPORT 013, formed the basis for the approval, by the European Commission (EC), of Decision 2007/98/EC 6, of 14 February 2007, with the same purpose of European harmonisation of the use of the 2 GHz frequency bands by MSS systems.
Given the transboundary nature of the services in question and that the selection of satellite operators, if made by each Member State, could lead to divergent solutions (with the probable selection of different operators of MSS systems in the various States), thus ofsetting the advantages of pan-European coverage, fragmenting the internal market and, eventually, leading to complex situations of harmful interference, it was decided that the selection and authorisation of the operators of the 2 GHz MSS systems would be carried out at a Community level.
The legal framework for this process was laid down in Decision no. 626/2008/EC 7, of Parliament and the Council, relative to the selection and authorisation of systems that offer mobile satellite services (MSS).
Under this Decision, a community procedure was created for the common selection of 2 GHz MSS operators (comparative selection procedure) and some common obligations were defined, with each Member State, at a national level, being responsible for granting authorisation to the selected operators.
Under these terms, on 7 August 2008, the European Commission published a call for applications (a specification, designated as ''Call for Applications'' - doc. 2008/C201/EC).
Following termination of the selection procedure, Decision no. 2009/449/EC 8, of the European Commission, of 13 May 2009, was published. The INMARSAT (which was authorised to use in each Member-State the 1980 - 1995 MHz sub-bands of frequencies for earth to space communications) and SOLARIS (which was authorised to use in each Member-State the 1995 - 2010 MHz sub-bands of frequencies for earth to space communications and 2185 - 2200 MHz 1 995 - 2010 MHz sub-bands of frequencies for earth to space communications) systems were selected.
In accordance with the provisions of the above mentioned Decision no. 626/2008/EC, it is now important to define the authorisation regime applicable to the offer of the 2 GHz MSS systems in national territory by the selected candidates. That is the purpose of the present draft decision of ICP-ANACOM.
1 European Conference of Postal and Telecommunications Administrations.
2 Available at: European Communications Office - Document Databasehttp://194.182.137.50/search?q=ERC%2FDEC%2897%2903&filter=0&proxystylesheet=default_frontend&site=default_collection&client=default_frontend&output=xml_no_dtd.
3 Mobile Satellite Service
4 Available at: European Communications Office - Document Databasehttp://194.182.137.50/search?q=ECC%2FDEC%2806%2909&filter=0&proxystylesheet=default_frontend&site=default_collection&client=default_frontend&output=xml_no_dtd.
5 Available at: European Communications Office - Document Databasehttp://194.182.137.50/search?q=ECC%2FDEC%2809%2902&filter=0&proxystylesheet=default_frontend&site=default_collection&client=default_frontend&output=xml_no_dtd.
6 Available at: Commission Decision 2007/98/EC, of 14.2.2007https://www.anacom.pt/render.jsp?contentId=987537.
7 Available at: EUR-Lex Access to European Union lawhttp://eur-lex.europa.eu/Result.do?T1=V4&T2=2008&T3=626&RechType=RECH_naturel&Submit=Pesquisar.
8 Available at: EUR-Lex Access to European Union lawhttp://eur-lex.europa.eu/Result.do?T1=V4&T2=2009&T3=449&RechType=RECH_naturel&Submit=Pesquisar.
