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Luật của France
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Đấu giá
"Article 42-1, 42-2 Code des postes et des communications électroniques:
“Article L42-1 II. The authorization specifies the conditions of use of the frequency or frequency band which relate to:
8° The commitments made by the holder within the framework of the call for applications provided for in Article L. 42-2 or an auction procedure.
Article L42-2 When the proper use of frequencies so requires, the Electronic Communications and Postal Regulatory Authority may, after public consultation, limit, to an extent that ensures conditions of effective competition, the number of authorizations to use them.
The Minister responsible for electronic communications sets, on a proposal from the Electronic Communications and Postal Regulatory Authority, the conditions for granting and modifying authorizations for use corresponding to these frequencies as well as the duration of the granting procedure. , which may not exceed a period set by decree.
The selection of the holders of these authorizations is done by call for applications on criteria relating to the conditions of use mentioned in II of article L. 42-1 or on the contribution to the achievement of the objectives mentioned in article L. 32-1, or by an auction procedure in compliance with these objectives and after definition of these conditions by the Minister on a proposal from the Electronic Communications and Postal Regulatory Authority.
By way of derogation from the foregoing, with regard to the frequencies allocated to electronic communications services within the framework of the national plan for the reuse of frequencies freed up by the discontinuation of analogue broadcasting instituted by the same article 21, these conditions are defined by the Minister responsible for electronic communications on a proposal from the Electronic Communications and Postal Regulatory Authority and after consulting the Digital Dividend Commission set up by said Article 21.
They take into account, as a matter of priority, the imperatives of digital development of the territory.
The Electronic Communications and Postal Regulatory Authority conducts the selection procedure and assigns the corresponding frequencies "
Thi tuyển
"Article 42-1, 42-2 Code des postes et des communications électroniques:
“Article L42-1 II.
The authorization specifies the conditions of use of the frequency or frequency band which relate to:
8° The commitments made by the holder within the framework of the call for applications provided for in Article L. 42-2 or an auction procedure.
Article L42-2 When the proper use of frequencies so requires, the Electronic Communications and Postal Regulatory Authority may, after public consultation, limit, to an extent that ensures conditions of effective competition, the number of authorizations to use them.
The Minister responsible for electronic communications sets, on a proposal from the Electronic Communications and Postal Regulatory Authority, the conditions for granting and modifying authorizations for use corresponding to these frequencies as well as the duration of the granting procedure. , which may not exceed a period set by decree.
The selection of the holders of these authorizations is done by call for applications on criteria relating to the conditions of use mentioned in II of article L. 42-1 or on the contribution to the achievement of the objectives mentioned in article L. 32-1, or by an auction procedure in compliance with these objectives and after definition of these conditions by the Minister on a proposal from the Electronic Communications and Postal Regulatory Authority.
By way of derogation from the foregoing, with regard to the frequencies allocated to electronic communications services within the framework of the national plan for the reuse of frequencies freed up by the discontinuation of analogue broadcasting instituted by the same article 21, these conditions are defined by the Minister responsible for electronic communications on a proposal from the Electronic Communications and Postal Regulatory Authority and after consulting the Digital Dividend Commission set up by said Article 21. They take into account, as a matter of priority, the imperatives of digital development of the territory.
The Electronic Communications and Postal Regulatory Authority conducts the selection procedure and assigns the corresponding frequencies "
Cấp lại
"Không quy định về cách thức cấp lại cụ thể trong luật.
Luật quy định về cấp lại và gia hạn như sau:
thời hạn của giấy phép không quá 20 năm, cũng như khoảng thời gian tối thiểu mà DN được thông báo về các điều kiện để cấp lại hoặc gia hạn và lý do từ chối gia hạn hoặc gia hạn; khoảng thời gian này phải tương ứng với thời hạn cấp phép và có tính đến mức đầu tư cần thiết để tần số hoạt động hiệu quả. “Article L42-1
II.-The authorization specifies the conditions of use of the frequency or frequency band which relate to:
1° The nature and technical characteristics of the equipment, networks, technologies and services that may use the frequency or frequency band as well as their conditions of permanence, quality, availability, their deployment schedule and their coverage area, the optionally ;
2° The duration of the authorization, which cannot exceed twenty years, as well as the minimum period within which the holder is notified of the conditions for renewing or extending the authorization and the reasons for refusing to renew or extension; this period must be proportionate to the duration of the authorization and take into account the level of investment required for the efficient operation of the frequency or the allocated frequency band.
8° The commitments made by the holder within the framework of the call for applications provided for in Article L. 42-2 or an auction procedure.
The deadlines for granting authorizations and notification of the conditions for their renewal, as well as the obligations imposed on authorization holders to allow the control by the Regulatory Authority for Electronic Communications and Posts of the conditions of use frequencies are set by decree.
An authorization may only be renewed or extended according to terms other than those provided for after public consultation under the conditions provided for in Article L. 32-1.” "
Giới hạn CAP
"(Post and Electronic Communications Code) Article L
42-1-1 The Regulatory Authority for Electronic Communications, Posts and Press Distribution may, when determining the conditions associated with the use of frequencies or frequency bands pursuant to Articles L. 42 and L.
42- 1, take appropriate measures to promote effective competition and avoid distortions of competition in the internal market, in particular:
1° Limit the quantity of radio spectrum bands for which rights of use are granted to a given undertaking, or in justified circumstances, attaching these rights of use to conditions such as the provision of wholesale access or national or regional roaming,in certain frequency bands or groups of bands with similar characteristics;
2° Reserving, if necessary and if justified, taking into account a specific situation on the national market, a portion of the radioelectric spectrum band or a group of bands with a view to an assignment to new entrants; "