TELECOMMUNICATIONS BILL
Article 10 Chapter II of part II of book II of the first section of the Posts and Telecommunications Code shall be entitled "Radio easements" and shall be amended as follows:
I - Article L. 56-1, worded as follows, shall be added:
I - In article L. 56-1 for the words, "centres of all types operated or controlled by the various ministerial departments" shall be replaced by the words, "centres of all types operated by the various ministerial departments, as well as centres appointed by the telecommunications regulatory authority, operated by licensed operators in the interests of national defence and security".
"Article L. 56-1. Operators licensed under article L. 33-1 shall benefit from radio frequency easements for the protection of telecommunications networks, under the following conditions, with the exception of those concerning the centres designated by the telecommunications regulatory authority which operate in the interests of national defence and security.
1) - Easements may apply to properties adjoining radio broadcasting stations in order to ensure the correct propagation of radio waves.
2) - A radio interference protection plan shall define the radio frequency easements for each station and shall determine the land to which the easements apply.
3) - The creation of an easement shall entitle the owner to compensation for any direct or indirect material damage. In the event of a dispute the sum shall be determined according to the principles of expropriation.
The plan shall be submitted to the national radio frequency agency for its opinion, and to public consultation. It shall be approved by the Prefect, with the consent of the municipal councils concerned and after the owners have been informed of the reasons for creating the easement and the choice of location, and have been invited to make their observations on the plan, within a minimum period of three months.
4) - Creation of a radio frequency easement shall entitle the owner to compensation for any resulting unquestionable, direct damage. Failing an amicable agreement, the compensation shall be determined and paid according to the rules governing expropriation.
A State Council decree shall stipulate the terms of the application of this article."
II - At the end of the first sentence there shall be added the following words:
"or requiring a declaration, according to a procedure determined by a State Council decree."
III - Article L. 62-1 below shall be added:
"Article L. 62-1 Operators licensed in application of article L. 33-1 shall benefit from easements for the protection of telecommunications networks from radio interference, according to the conditions of this article.
1) - Easements may apply to the area around centres operated by licensed operators, in order to prevent electromagnetic interference, with the exception of centres designated by the telecommunications regulatory authority, which operate in the interests of national defence and security.
2) - A protection plan established under the conditions defined in article L. 56-1 shall determine the easement areas and define such easements.
3) - Easements shall include the prohibition to commission or use equipment installed subsequent to the protected centre, which might interfere with radio reception.
4) - Creation of a radio easement shall entitle the owner or user to compensation for any resulting unquestionable, direct material damage. Failing an amicable agreement, the compensation shall be determined and paid according to the rules governing expropriation.
A State Council decree shall stipulate the terms of application of this article."
VI - In article L. 89, for the words, ""with the exception of the cases described in 3) of article L. 33-3" there shall be substituted the words, "with the exception of the cases referred to in article L. 33-3".
Article 11 I - There shall be established a national radio frequency agency, as of 1 January 1997. This shall be government agency and of administrative character.
The function of this agency shall be to plan and manage public radio frequency spectrum in accordance with article 21 of law n° 86-1067 of 30 September 1986 on the freedom of communication, subject to the powers conferred upon the administrations and authorities to which radio frequencies have been allocated.
It shall prepare the French position and co-ordinate the French representation in international negotiations on radio frequency spectrum issues.
It shall be responsible for co-ordinating the installation on the national territory of radio stations of all kinds in order to ensure the optimum use of available sites. For this purpose, and notwithstanding the competence of the broadcasting authority, decisions on radio station installation shall only be taken with the consent of the agency and after consultation with the agency when within the field of competence of the broadcasting authority.
A State Council decree shall determine the period of time at the end of which the said agreement is deemed to be acquired and, where applicable, the categories of intallations for which, for technical reasons, such agreement is not required.
II - The agency shall be administered by a Board of Directors consisting of representatives of various administrations, particularly those which have been allocated frequency bands, the broadcasting authority, the telecommunications regulatory authority and persons chosen for their particular expertise.
The chairman of the Board of Directors shall be appointed by decree.
III - The director-general of the agency shall be appointed by decree after consultation with the chairman of the Board of Directors. He shall be responsible for the technical, administrative and financial management of the agency. He shall represent the establishment in legal proceedings.
IV - The agency's resources shall include the payment of services provided, income from investments and authorised shares, public subsidies and income from donations and legacies. The agency may also charge fees for the use of radio frequency spectrum under the conditions laid down in the Finance Acts.
V - A State Council decree shall define the terms of application of this article and shall specify the agency's functions, organisation and operating conditions.
An interministerial order shall stipulate the specific aims to be achieved by the agency under the provisions set out in articles 2 and 6 of order n°59-147 of 7 January 1959 on the general organisation of defence and the special provisions to be taken into account in order to achieve them.
VI - This article applies to the island of Mayotte and to the overseas territories, subject to the specific jurisdictions of these territories in application of the laws by which they are governed."