3.2. Technical Analysis

The network description presented by EML, although brief, corresponds to what was expected for MSS systems. In fact, the chart used by EML to illustrate the network corresponds to the chart used in CEPT REPORT 013, including the architecture of a system known as ''NEMO'', which was also used in the draft decision submitted to the consultation procedure before ANACOM adopted Decision of 10 November 2011.

EML’s additional clarifications, as well as subsequent contacts with the company, were enough to clear up ANACOM’s doubts as to the development and entry into service of Echostar 21 satellite, as well as to the general core infrastructure.

As such, the technical analysis of EML’s application focused mainly on operational and technical restrictions/limitations of the RUF or of the radio license to be awarded to EML.

The analysis covered the four components of 2 GHz MSS systems:

• Satellite(s);
• Earth stations;
• CGC;
• Terminal equipment (end-users).

3.2.1 Satellites

Satellites of 2 GHz MSS networks must be duly coordinated in compliance with ITU’s relevant procedures, thus ensuring that technical conditions that are imposed ensure, in principle, that harmful interference are not caused to radio stations that use the same or adjacent frequency bands.

On the other hand, as referred earlier, Decision of 10 November 2011 establishes that ANACOM must make RUF to be awarded to 2 GHz MSS operators subject to common conditions laid down in paragraph 2 of article 7 of Decision No 626/2008/EC.

In this context, it must be stressed that the common condition defined in point c) of paragraph 2 of article 7 of Decision No 626/2008/EC lays down that “operators must honour any commitments they give in their applications or during the comparative selection procedure”.

It is clear from the analysis of the European Selection and Authorisation Process (ESAP) that applications should include a commitment signed by the applicant¹, according to which:

• the mobile satellite system proposed would cover a service area of at least 60 % of the aggregate land area of the Member States, from the time the provision of MSS commences;
• MSS would be available in all Member States and to at least 50% of the population and over at least 60% of the aggregate land area of each Member State by the time stipulated by the applicant but in any event no later than seven years from the date of publication of the Commission’s decision adopted pursuant to paragraph 2 of article 5 or paragraph 3 of article 6 of Decision No 626/2008/EC - which became Decision No 2009/449/EC, of 13 May.

It can be observed from the analysis of EML’s application and clarifications that this operator intends to exceed values concerning the coverage of the satellite mobile system, having notified the intention to cover 100% of all 28 Member States of the European Union, including Portugal.

As far as satellites are concerned, apart from operational conditions already imposed via the common conditions laid down in paragraph 2 of article 7 of Decision No 626/2008/EC, no other conditions that should be included in the RUF have been identified.

3.2.2. Earth stations

Earth stations of 2 GHz MSS systems shall operate just like any other earth station currently holding a license in the national territory. As such, (i) they must be coordinated at national level so as to ensure that harmful interferences are not caused to other licensed users and (ii) they must also be coordinated and notified in compliance with ITU’s relevant procedures, where appropriate, thus guaranteeing that technical conditions that are imposed on the referred stations ensure, in principle, that harmful interferences are not caused to radio stations used by neighbouring administrations.

In the light of the above, as far as earth stations are concerned, no other conditions that must be included in the RUF have been identified.

3.2.3. CGC

CGC are the ground component of 2 GHz MSS systems that raised the most issues and which, for this reason, are applied more (technical and operational) conditions in the current European regulatory framework.

In fact, CEPT Decision ECC/DEC/(06)09, amended on 5 September 2007², on the designation of the bands 1980-2010 MHz and 2170-2200 MHz for use by systems in the Mobile-Satellite Service including those supplemented by a Complementary Ground Component (CGC), imposed the following technical and operational conditions:

1.The CGC must operate in the same portions of spectrum of the Mobile-Satellite Service (1980-2010 MHz and 2170-2200 MHz) authorized for associated space stations;

2. The CGC shall only be deployed in the geographical areas where the mobile Earth stations of the associated mobile-satellite system are also authorised to operate;

3. The same direction of transmission by CGC and the satellite component shall be used so as to decrease the number and complexity of compatibility issues;

4. The CGC shall not operate independently from the satellite resource/network management system;

5. The satellite segment shall be re-established as soon as possible in case of failure of the satellite segment, and no later than 18 months after such a failure, unless justified otherwise on considerations based on reasonableness and/or proportionality. Otherwise, CGC shall cease operation;

6. Compatibility with terrestrial IMT-2000/UMTS operational systems in adjacent bands should be ensured.

These conditions were integrated for the most part in common conditions stipulated in paragraph 3 of article 8 of Decision No 626/2008/EC:

a) operators shall use the assigned radio spectrum for the provision of complementary ground components of mobile satellite systems (ECC Decision point 1);

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 (ECC Decision point 4); 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 (ECC Decision points 1 and 3);

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 (ECC Decision point 5);

d) 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.

In the light of the above, it is deemed appropriate to specify in the RUF the set of operational conditions, referred above, to be imposed on CGC.

In addition, CEPT Decision ECC/DEC/(06)09 sets out in paragraph 5 that mobile satellite systems must ensure compatibility with terrestrial systems operating in the mobile service in the adjacent bands below 1980 MHz and between 2010 MHz and 2170 MHz.

Moreover, harmonised European standard ETSI EN 302 574 was established in 2010, including three parts that make up the Harmonized Standard for satellite earth stations of mobile satellite systems (MSS) operating in the 1 980 MHz to 2 010 MHz (uplinks) and 2 170 MHz to 2 200 MHz (downlinks), the focus of each part being as follows:

Part 1: “Complementary Ground Component (CGC) for wideband systems: Harmonized EN covering essential requirements of article 3.2 of the R&TTE Directive”;

Part 2: “User Equipment (UE) for wideband systems: Harmonized EN covering essential requirements of article 3.2 of the R&TTE Directive”;

Part 3: “User Equipment (UE) for narrowband systems: Harmonized EN covering essential requirements of article 3.2 of the R&TTE Directive”.

As such, the radio license to be issued must take into consideration compliance by CGC with harmonised European standards, that aim to ensure compatibility with ground systems operating in the scope of the mobile service in adjacent bands, below 1980 MHz and between 2010 MHz and 2170 MHz, namely in the scope of Decree-Law No. 192/2000, of 18 August.

Lastly, CEPT Recommendation ECC/REC/(10)01 sets out the procedures required to ensure compatibility between complementary ground components operating in the band 2170-2200 MHz and earth stations of the Earth Exploration Satellite Service (EESS), Space Operation Service (SOS) or Space Research Service (SRS), operating in the band 2200-2290 MHz.

In this context, all CGC operating in compliance with the ETSI EN 302 574-1 standard which are at a distance greater than 60 km from receiving earth stations of the Earth Exploration Satellite Service, Space Operation Service or Space Research Service, must be excluded from any coordination.

As such, in the specific case of Portugal, CGC operating in accordance with the standard ETSI EN 302 574-1 are allowed to be installed in the national territory, without requiring any coordination, insofar as they are at a distance greater than 60 km of the following earth stations:

Table 2 - List of EESS, SOS and SRS receiving earth stations to be taken into account in Portugal

Local	Latitude	Longitude	Country	Operator
Monte da Flores	36º 59’ 49’’ N	25º 08’ 09’’ W	Portugal (Azores)	ESA
Sintra-Negrais	38º 52’ 07’’ N	09º 16’ 52’’ W	Portugal	PT Comunicações, S.A. (EUTELSAT)
Caniçal	32º 44’ 39’’ N	16º 44’ 05’’ W	Portugal (Madeira)	Eutelsat Madeira

Therefore, the issue of the radio license must take into consideration the limitation arising from CEPT Recommendation ECC/REC/(10)01.

3.2.4. Terminal equipment

As referred above, ETSI’s European harmonized standards EN 302 574-2 and EN 302 574?3 were issued in 2010, applying respectively to “broadband” and narrowband” terminal equipment (or user equipment).

Moreover, ECC Report 233 (which was recently under public consultation) concluded that aeronautical CGC or «aero-CGC» (installed on the ground) must not cause interference to other services/systems. However, this Report concludes also that it is possible that interference is caused by aeronautical terminals that communicate with aero-CGC - where operated at high power and low altitude - to DA2GC³ ground stations and base stations of the terrestrial electronic communications service network (ECN) that operate in adjacent bands, or even to other CGC of 2 GHz MSS systems.

In order to mitigate these interferences, ECC Report 233⁴ proposes the adoption of out-of-band PFD⁵ masks:

One for the 1920 - 1980 MHz band (protection to ECN base stations) that may also be applied to CGC of the other 2 GHz MSS system (insofar as these CGC have similar characteristics to ECN BS);

where δ is the angle of arrival at the Earth’s surface (degrees above the horizontal) and the PFD is calculated in a reference of 5 MHz in any part of the 1920 - 1980 MHz band.

Another for the 2010 - 2025 MHz band (protection to DA2GC ground stations)

where δ is the angle of arrival at the Earth's surface (degrees above the horizontal) and the PFD is calculated in a reference bandwidth of 10 MHz in any part of the 2010 - 2025 MHz band.

In the light of the above, the radio license to be issued must include a technical condition on terminal equipment, in order to ensure compliance with the relevant ETSI European harmonized standards.

On the other hand, given that technical limitations applicable to terminal equipment are still subject to some uncertainty, as referred above, any additional limitation that is specified within the European regulatory framework must be taken into consideration and thus also set out in the radio license.

3.2.5 Conclusions of the technical analysis

In brief, in addition to operational conditions already imposed via common conditions defined in paragraph 2 of article 7 of Decision No 626/2008/EC, no other conditions that should be included in the RUF have been identified.