UKE informs that it intends to proceed with the authorisation of use of spectrum in the 2 GHz band in Poland to reflect the relevant European Union decisions with regard to mobile satellite services (“MSS”) as well as a complementary ground component (“CGC”) as these terms are referred to in Decision no 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (the “MSS Decision”).
By a decision of the European Commission (the “Harmonization Decision”), the frequency bands in ranges 1,980 - 2,010 MHz (earth-to-space) and 2,170 - 2,200 MHz (space-to-earth) (collectively, the “MSS Frequencies”) were exclusively allocated for “systems providing mobile satellite services” throughout the European Economic Area (“EEA”). These systems are defined as “systems capable of providing radiocommunications services between a mobile earth station and one or more space stations, or between mobile earth stations by means of one or more space stations, or between a mobile earth station and one or more complementary ground based stations used at fixed locations”. By the Harmonization Decision, the European Commission set the conditions for the availability and efficient use of the MSS Frequencies by the mentioned systems, including through the complementary ground based stations that form an integral part of such systems.
By the MSS Decision, a unified procedure was created for the selection and authorization of operators of MSS that would use the MSS Frequencies and provisions were laid down for the coordinated authorisation by EEA Member States of the operators that would be selected, through the mentioned procedure, to use the MSS Frequencies.
By decision dated 13 May 2009 (the “Selection Decision”), two operators (the “Selected Operators”) - namely, Inmarsat Ventures Limited and Solaris Mobile Limited - were selected to each operate a pan-European system providing mobile satellite services. This decision requires the Selected Operators to be authorised to use in each Member State, including Poland, the part of the spectrum respectively awarded to each operator in the Selection Decision, without prejudice to national regulatory terms and conditions.
In the National Frequency Allocations Table (Krajowa Tablica Przeznaczeń Częstotliwości - KTPCz) the frequency bands 1,980 - 2,010 MHz and 2,170 - 2,200 MHz are allocated for mobile satellite ‘Earth-space’/’space-Earth’ applications, consistent with the Harmonization Decision.
Taking also into account the MSS Decision and the Selection Decision, the Selected Operators have the right to use in Poland the portion of the MSS Frequencies identified in the Selection Decision for each such operator for the purpose of operating a mobile satellite system, including CGC, subject to registration in the register of telecommunications undertakings and no other authorisation than the individual radio licences (radio permissions) that are necessary for the ground-based stations used at fixed locations that make up the CGC network and which the Selected Operators intend to install on the territory of Poland. General conditions regarding technical terms and conditions, fees and procedure remain applicable.
1. OJ L 172, 2.7.2008, p. 15.
2. Commission decision of 14 February 2007 on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services, OJ L 43, 15.2.2007, p. 32.
3. See Article 2 of the Harmonization Decision.
4. Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS) (2009/449/EC), OJ L 149, 12.6.2009, p. 65.
5. In particular, under Article 3 of the Selection Decision, the following repartition of the MSS Frequencies has been established: (a) Inmarsat Ventures Limited: from 1 980 to 1 995 MHz for earth to space communications and from 2 170 to 2 185 MHz for space to earth communications; (b) Solaris Mobile Limited: from 1 995 to 2 010 MHz for earth to space communications and from 2 185 to 2 200 MHz for space to earth communications.