ART publishes the Labetoulle legal expertise on the conditions under which local authorities may receive wireless local loop licences


Paris, 8 March 2005

<font>For the past several months, <em>Autorité de régulation des télécommunications</em> (ART), in cooperation with sector players, has been preparing the means of allocating new authorisations for the use of frequencies in the 3.4-3.8&nbsp;GHz band to deploy wireless local loop (WLL) networks. These authorisations will allow the development of Wimax technologies.</font>

 

<font>In this preparatory phase, the question was raised of how local authorities might be allocated such authorisations to develop high-speed service offers.</font>

 

<font>To clarify the legal aspects of this problem, in early February, ART requested the expert opinion of Daniel Labetoulle, former President of the Disputes Division of the French Council of State (<em>Conseil d’Etat</em>).</font>

 

<font>On 2<sup>nd</sup>&nbsp;March&nbsp;2005, Daniel Labetoulle submitted his report to ART. His primary conclusions can be summarised as follows:</font>

 

  • <font>Territorial units may be granted and hold a frequency use authorisation.</font>
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  • <font>In the event of competing applications for the same frequency authorisation, territorial units cannot expect preferential treatment. In the same way, they must not be penalised by the means of allocation.</font>
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  • <font>ART is free to define the geographic area where any given frequency authorisation may be offered. However, authorisations must not be proposed under a territorial framework to which territorial units do not have access.</font>
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  • <font>None of the allocation methods envisioned thus far appears to be legally incompatible with applications by territorial units.</font>
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  • <font>Concerning the choice of the selection procedure, applicable texts impose multiple criteria and propose the auction system as one possible criterion.</font>
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<font>ART is making this report public today in order to share this information with all interested parties.</font>

 

<font>In light of this document, ART will re-examine the wireless local loop (WLL) license allocation file in cooperation with all players in order to respect the conclusions of President Labetoulle’s report.</font>


Linked documents

 Daniel Labetoulle’s report  fr