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Law N# 96-659 26 jully 1996
© Secretary of State for industry - France Art. 12.Chapter II of title II of book II of the Posts and Telecommunications Code shall be amended as follows: I - In section 1 here shall be inserted article L. 56-1, worded as follows: "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 public security. "1) - Easements may apply to properties adjoining radio broadcasting stations in order to ensure the proper 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 shall apply. "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. "3) - The easements include the obligation to maintain the land, the plantations and the structures at a level at least equal to that provided for by the protection plan mentioned in 2 above and the prohibition to build or install any facilities below this level. "4) - 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.
II - For the second sentence of article L. 60 there shall be substituted the following complement to the first sentence: "or requiring declaration, according to a procedure determined by a State Council decree." III - Article L. 62-1 shall be added in section 2, worded as follows: "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, with the exception of those concerning the centres, designated by the telecommunications regulatory authority, which operate in the interests of national defence and public security. "1) - Easements may apply to the area around centres operated by licensed operators, in order to prevent electromagnetic interference. "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 subsequently to the protected centre, which might interfere with radio reception. "4) - The 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.
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". Art. 13.I - Article L. 65 of the Posts and Telecommunications Code shall be worded as follows: "Article L. 65. "The act of moving, damaging or harming in any manner the equipment pertaining to a public network or of compromising the running of such as network shall be liable to a fine of 10 000 French francs. "If it is an installation comprising several cables, the offending party shall be liable to as many fines as there are cables concerned. "The offence referred to in the first paragraph shall not be liable to punishement if the location of the existing facilities has not been brought to the attention of the company before the opening of the site.
II - Articles L. 65-1, L. 68, L. 69, L.69-1, L.70 and L.71 of the Posts and Telecommunications Code shall be repealed. Art. 14.Title VII shall be added to book II of the Posts and Telecommunications Code and shall be worded as follows: "Title VII "National Frequency Agency "Art. L. 97-1 "I - There shall be established a national radio frequency agency, as of 1 January 1997. This shall be administrative Government agency. "The function of this agency shall be to plan, manage and monitor the use, including the private use, of public radio frequency spectrum in accordance with article 21 of the Communications Act n· 86-1067 of 30 September 1986(15), and without prejudice to the jurisdiction of the administrations and authorities to which radio frequencies have been allocated. "It shall prepare the French position and co-ordinate 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 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(16). "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. He may not hold this office if he holds the office of chairman of the broadcasting authority and chairman of the telecommunications regulatory authority. "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. It 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.
Art. 15.In the aforementioned law n· 86-1067 of 30 September 1986 there shall be inserted an article worded as follows:
Art. 16.Above-mentioned law n· 86-1067 of 30 September 1986 shall be amended as follows: I - At the end of article 21 for the word "those" there shall be substituted the words "the frequency bands or sound or television broadcasting frequencies"; II - In the second paragraph of article 22, for the words "to which the allocations or assignments have been entrusted" there shall be substituted the words " allocated or assigned to users of sound or television broadcasting"; III - The fourth paragraph of article 26 shall be worded as follows: " The broadcasting authority and the telecommunications regulatory authority shall allocate respectively for broadcasting frequencies and for transmission frequencies, the additional frequencies required by national programming companies for the fulfillment of their public service missions in priority to the company mentioned in article 51". IV - In the second, third and fifth paragraphs of article 26, after the word "frequencies" there shall be inserted the words "of sound or television broadcasting"; V - A paragraph worded as follows shall be added to article 26:
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