MSS 2 GHz
ANNEX
1. The purpose of EC Decision 626/2008
The purpose of Decision 626/2008 is to develop an internal market for mobile satellite services
("MSS") across the EU and ensure coverage in all Member States. Accordingly, the Decision creates
a procedure for the selection and authorisation of mobile satellite system operators using the 2 GHz
frequency in the S-band.
The Decision's policy objectives are to introduce new systems providing MSS so as to contribute to
the development of the internal market and to enhance competition through increased availability
of pan-European services and end-to-end connectivity (recital 5). This involves extending MSS to
"rural and less developed regions" with a view to achieving universal coverage across the EU (recitals
2, 3 and 14). The selection and authorisation of systems providing MSS is intended to bridge the
digital divide by improving accessibility, speed and quality of electronic communication services in
geographic areas that are not already well served by electronic communication services (recital 14).
Therefore, the clear purpose and policy objective of Decision 626/2008 is to ensure universal
coverage of digital services across the EU, in particular by using MSS to extend coverage to
consumers in remote geographical areas. At the same time, the Decision serves to facilitate pan-
European services and to enhance competition.
2. Requirement for national regulatory authorities to ensure compliance with the "common
conditions"
Decision 626/2008 requires Member States to monitor compliance with the common conditions
required by the Decision and to take appropriate measures to address non-compliance (Article 9(2)).
This may include the co-ordinated suspension or withdrawal of authorisations for breaches of such
common conditions (Article 9(3)).
All applicants for authorisations are required to commit to establishing a mobile satellite system
covering at least 60% of the aggregate land area of the Member States, from the time the service
commences, and to ensuring that its MSS shall be available in all Member States, to at least 50% of
the population, and over at least 60% of the aggregate land area of each Member State (Article
4(1)(c)) by 1 December 2016. At the COCOM meeting of 11 July 2013, a new roadmap providing a
rescheduled timetable with intermediary stages and a final deadline extended to 1 December 2016
was approved.
However, on 8 December 2016, Inmarsat announced that the Europasat satellite (also called Hellas-
Sat 3), the operator's first to contain a payload in S-band, will not be launched until mid-2017 and
that accordingly, the S-band services can only begin at best in the second half of 2017. This new
announcement formalises Inmarsat's inability to meet the final deadline.
The common conditions further require (Article 7(2) and the Annex) that selected applicants shall
use the assigned spectrum for the provision of MSS and shall meet the specified milestones set out
in the Annex within the stated timeframe, including providing clear evidence that it is providing
continuous MSS within the territories of the Member States to cover the geographical area the
subject of the above commitments.
3. Inmarsat's use of the 2 GHz spectrum is in breach of the required conditions under
Decision 626/2008
In using the S-band 2 GHz spectrum in its European Aviation Network ("EAN"), Inmarsat is in breach
of the common conditions (including the commitments Inmarsat made in its application to acquire
the spectrum) which are required to be imposed in any national authorisation under Decision
626/2008, for the following reasons:
3.1 Inmarsat's use of the spectrum is in conflict with the objectives and requirements of
Decision 626/2008
In using the S-band 2 GHz spectrum allocated to it for its EAN, Inmarsat is in breach of the common
conditions required under Decision 626/2008. The EAN service will be provided only to passengers
of airlines, in-flight, by means of an air-to-ground ("ATG") network. This fails to meet the basic
requirements of Decision 626/2008 to use the spectrum for the provision of MSS using a mobile
satellite system as defined in the Decision and even the "admissibility requirements" set out in
Article 4(1). This is in conflict with the policy objectives of the Decision and the requirements for
national authorisations granted pursuant to the Decision as more particularly described below.
3.2 Inmarsat's use of the spectrum does not contribute to fulfilment of the targets and
conditions under Decision 626/2008
Insofar as Inmarsat is using the S-band spectrum for the provision of in-flight communication
services on board aircraft, its usage cannot contribute to achieving the geographic territory and
population coverage within the EU Member States as specified in the Decision and incorporated into
the common conditions under the Decision. Inmarsat's EAN usage will contribute only to enabling
aircraft passengers to enjoy communication services, but will not contribute to enabling consumers
in previously uncovered geographic locations in the EU to access services or benefit from increased
choice, speed and quality of communications services.
3.3 Inmarsat's use of Complementary Ground Components ("CGCs") is in breach of the
common conditions under Decision 626/2008
Decision 626/2008 allows the use of CGCs as part of an MSS, linked to a mobile earth station, only as
an "integral part of the mobile satellite system" (Article 8(3)(b)), in areas where communications
with one or more space stations cannot be ensured with the required quality; such CGCs are to be
used in areas where it may not be possible to retain a continuous line of sight with the satellite:
Article 2(2) and recital 18.
The definition of "complementary ground components" makes this clear when describing them as
"ground-based stations used at fixed locations, in order to improve the availability of MSS in
geographical areas within the footprint of the system's satellites(s)."
By contrast, Inmarsat's EAN system will rely on an ATG network in which ground components will be
the main part of the system and the satellite system will only be, at best, a complement. Inmarsat's
use of ground components for purposes of an ATG network providing an in-flight connectivity
service is incompatible with the concept of CGCs under Decision 626/2008 and is in breach of the
requirements of the Decision concerning CGCs.
4. Enforcement should be a priority for the Technical Surveillance Authority
It is an implicit requirement of Decision 626/2008 that its implementation by national authorities will
enhance competition by increasing the availability of pan-European services and end-to-end
connectivity, as explained above.
In using the S-band spectrum allocated to it for an entirely different purpose to that envisaged and
required under Decision 626/2008, Inmarsat is failing to fulfil the public service mission which was
imposed (or was required to be imposed) on it through the award and authorisation concerning the
spectrum. Inmarsat's EAN usage fails to achieve the stated objectives of using MSS to extend
communications to rural and less developed regions, which were the basis for the spectrum
authorisation.
In using the S-band spectrum for its EAN, Inmarsat is failing to contribute to enhanced competition
in the provision of MSS as required by Decision 626/2008. Further, if Inmarsat is permitted to
continue utilising the spectrum in breach of the usage requirements under the Decision, to enhance
its commercial connectivity services for the passengers of its airline customers, this will provide an
unfair competitive advantage to Inmarsat in that field of activity. Inmarsat will be using this allocated
spectrum to compete against customers which have had to incur costs to acquire and operate the
necessary spectrum to provide their competing services in this area. Continued usage by Inmarsat of
the spectrum in breach of the common conditions under Decision 626/2008, without regulatory
enforcement action against it, will contribute to significant distortions of competition in the avionics
sector of satellite communication services.
No other frequency band is available for this type of service. The Electronic Communications
Committee (CEPT) took years to reach consensus on the identification of frequency bands that could
be used to “provide connectivity between a network of ground stations and appropriately equipped
aircraft […] to provide access to broadband communication services during continental flights on a
Europe-wide basis”. ECC Decisions (15)02 and ECC Decision (15)03 of 3 July 2015 identified the 5.8
GHz band and the 1900-1920 MHz band for DA2GC use. The 2 GHz MSS band was not identified at
the ECC level as a candidate band for DA2GC use.
Saatja: petit jean marion <
[email protected]>
Saatmisaeg: 22. m�rts 2017. a. 11:13
Adressaat: Irena Lukas
Teema: MSS 2 GHz
Manused: MSS 2 GHz - Annex - Estonia.pdf
Dear Madam,
The Decision of the European Commission of 30 June 2008 relating to mobile satellite services (MSS) in
the 2 GHz band provided for the gradual coverage of services across all EU Member States. The intention
of the Decision included enhancing competition by increasing the availability of pan-European services
and end-to-end connectivity, as well as encouraging efficient investment. In order to improve coverage
of rural areas in Europe and also the accessibility, speed and quality of services � thus helping to bridge
the digital divide- the selected operators have a commitment to achieve service coverage to at least 60%
of the land area of all EU Member States and at least 50% of the population of each of the EU Member
States.
As a European satellite communications operator, with a keen consumer focus, we are concerned that
Inmarsat�s use of the 2 GHz spectrum for air-to-ground (ATG) services is a stark departure from the
objectives and conditions of the Decision. Such use of the spectrum will fail to fulfil the territorial and
population coverage obligations mentioned above and will therefore fail to achieve the intended
consumer benefits. The use of the 2GHz spectrum for ATG would be contrary to the obligation in the
Decision that complementary ground components (CGCs) should be an �integral part of the mobile
satellite system�. It would be a breach of Inmarsat�s �commitments� that it made to obtain the
spectrum and which it is obliged to fulfil; and would do nothing to help bridge the digital divide. We
believe that such use of the spectrum, contrary to the Decision, will also be in breach of Inmarsat�s
spectrum authorisation granted by the Technical Surveillance Authority.
This situation is of concern to several industry stakeholders as it creates conditions of unfair
competition. Inmarsat is obtaining an unfair advantage compared to its competitors in the aeronautical
communications services sector who have to use other frequency bands, such as the Ka-band, which is
expressly recognised on a regulatory level for the provision of aeronautical services (ESOMP
Regulation). The present position is contrary to the Decision and we provide more detail in this regard
in the document attached to this message.
I should therefore welcome the opportunity to discuss with you the regulatory situation concerning the
2 GHz spectrum band in Estonia and more broadly across the EU.
I look forward to hearing from you and I thank you in advance for your attention.
Best regards,
Marion Petitjean
Manager, Regulatory Affairs
T: +33 1 53 98 30 36
M: +33 6 48 17 72 69
E:
[email protected]
70, rue Balard � 75502 Paris Cedex 15 - FRANCE
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