The first issue, within the scope of the definition of a regime of access to the activity for the MSS system and the respective complementary ground components (CGCs), is to know if the two realities must be included within the scope of the same general authorisation or if, on the contrary, they must be subject to an autonomous analysis.
In accordance with Decision no. 2007/98/EC, MSS systems are systems capable of providing radiocommunication services between one or various mobile earth stations by means of one or more space stations, or between one mobile earth station and one or more complementary ground components used at fixed locations.
In accordance with sub-paragraph b) of no. 2 of article 2 of Decision no. 626/2008/EC, CGCs are ground-based stations used at fixed locations, in order to improve the availability of MSS in geographical areas within the footprint of the system's satellite(s), where communications with one or more space stations cannot be ensured with the required quality.
To this definition should be added the provisions of no. 2 of article 3 of Decision 2007/98/EC, supported by sub-paragraph b) of no. 3 of article 8 of Decision no. 626/2008/EC: any complementary ground based station shall constitute an integral part of the mobile satellite system and shall be controlled by the satellite resource and network management system. It 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 its associated mobile satellite system.
Although CGCs are designed to improve the offer of this type of services, in areas where it may not be possible to retain a continuous line of sight with the satellite due to obstructions in the skyline caused by buildings and terrain, they may, hypothetically, configure a land mobile "network", in everything similar to the existing land mobile networks, but using spectrum that is allocated to MSS.
In this context, the definition, at a national level, of the regime of authorisation of MSS systems is of particular relevance, which must take into account the characterisation of the CGCs, as well as the array of services whose provision is intended to be granted to these stations within the scope of these systems, i.e., if they are admitted as mere satellite signal repeater stations or if, on the contrary, that limit is not imposed upon them.
The approaches by the different Member States have not been univocal.
If, on the one hand, countries such as the United Kingdom intend to grant separate authorisation to MSS system operators in the satellite component and operators of CGCs, considering them as complementary "land mobile networks" to the 2 GHz MSS systems and clarifying that they are not obliged to transmit the same service or applications of the satellite component, there are others, such as Germany, which issued a single right of use encompassing the satellite component and CGCs in repeat mode.
France, however, whose option was to also allow CGCs to operate only in repeat mode, decided on the concession of an authorisation, separate from that of MSS, to these stations.
As an example, it is also possible to mention other European countries that, although they have not yet issued authorisations, already have some defined options on these matters.
Spain is one such example that intends to issue a single authorisation for the two components and limit, at least at an initial phase, the use of CGCs to the functions of repeater stations.
The same occurs with Italy, although in this case the single authorisation will be conditioned precisely by the fact that the CGCs can be considered as mere repeaters.
In Ireland, however, the MSS system with CGC will be offered under a general authorisation, with a right of use for the CGC that does not set a limit of "repeaters" to these stations.
Within the scope of the authorisation regime to be established, no. 1 of article 7 and no. 1 of article 8 of Decision no. 626/2008/CE, respectively, state that Member States shall ensure that the selected operators of mobile satellite systems:
- Have the right to use the specific radio frequency for the MSS systems and the right to operate a mobile satellite system;
- Have the necessary authorisations for the offer of CGCS of mobile satellite systems in their territory.
No. 3 of article 8 of the above mentioned Decision no. 626/2008/CE defines the common conditions that the national authorisations issued for the operation of CGCs are subject to, such as:
a) Operators must use the radio spectrum allocated 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) The 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) The rights of use and authorisations shall be granted for a period of time ending no later than the expiry of the authorisation of the associated mobile satellite system.
These conditions, b) and d) specifically, highlight the nature of the connection between the satellite component and the ground component (CGC), being in fact parts of a single system. For this reason, the definition of conditions never involves only one of the components.
Although the option does not involve one or two authorisations/distinct rights of use for operators of the MSS system in the satellite component and the operators of CGCs that prevent these stations from being an integral part of the MSS system, it is the understanding of ICP-ANACOM that the concession of two distinct authorisations for exactly the same radio frequencies could pose compatibility problems, from both a legal and technical viewpoint.
From a legal viewpoint, these problems could arise, namely, in terms of impacts that the non-compliance with obligations in one of the components of the system could have on the other, and in terms of the responsibility for the quality of the offer of the service to end users.
From a technical viewpoint, the existence of only one authorisation allows frequencies to be managed in an integrated manner through a single entity responsible for the entire system, with clear benefits within the scope of spectrum monitoring and control, namely in the testing of the existence of situations of interference.
As these are pan-European satellite systems, these issues are particularly important.
In this context, it is the understanding of ICP-ANACOM that both of the components of the MSS systems - satellite and CGCs - must be subject to a single authorisation, within the scope of which the CGCs shall not be subject to the limitation of operating as mere satellite signal repeater stations, without prejudice to MSS operators being able to opt for a more restrictive use of their CGCs.
In effect, ICP-ANACOM is of the opinion that this is the option that best suits the neutrality of the services that, whenever possible, must be guaranteed within the scope of the spectrum management.
In addition, in such an extensive period of validity such as the authorisation of these systems, one should not, at first, restrict the array of services and applications that the CGCs allow to be made available to users. One should, in this as in other usages, seek the most efficient use of the spectrum and retrieve the greatest economic and social benefit from it.
A different matter is that of the installation of CGCs, there being no barriers to another entity - which is not the MSS operator - proceeding with the respective installation.
