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) (Text with EEA relevance)
Date: 2008-06-30
Institutions: Council of the European Union, European Parliament
Subjects: access to information, satellite communications, trans-European network, transmission network, waveband

2.7.2008

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DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE
COUNCIL

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)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 95 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

(3)

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

As confirmed by the Council
in its conclusions of
3 December 2004, effective and coherent use of radio
spectrum is essential for the development of electronic
communications services and contributes to stimulating
growth, competitiveness and employment; access
to
spectrum must be eased to improve efficiency and
promote innovation as well as greater flexibility for
users and more choice for consumers, while taking
account of general interest objectives.

(2)

The European Parliament, in its resolution of 14 February
2007 entitled ‘Towards a European Policy on the Radio
Spectrum’ (3), emphasised the importance of communi-

(1) OJ C 44, 16.2.2008, p. 50.
(2) Opinion of the European Parliament of 21 May 2008 (not yet
published in the Official Journal) and Council Decision of 23 June
2008.

(3) OJ C 287 E, 29.11.2007, p. 364.

(4)

(5)

lower

efficient

solutions

cations for rural and less developed regions, for which
the diffusion of broadband,
frequency mobile
communications and new wireless technologies could
provide
universal
coverage in the 27 Member States with a view to the
sustainable development of all areas. The European
Parliament also noted that Member States’ regimes for
spectrum allocation and exploitation differ widely and
that those differences represent serious obstacles to the
achievement of a well-functioning internal market.

achieving

to

in its Communication of 26 April
The Commission,
2007 on European Space Policy, has also established
an objective of facilitating the introduction of innovative
satellite communications services, in particular by aggre-
gating demand in remote and rural areas, while stressing
the need for pan-European licensing of satellite services
and spectrum.

Directive 2002/21/EC of the European Parliament and of
the Council of 7 March 2002 on a common regulatory
framework for electronic communications networks and
services (Framework Directive) (4) aims at encouraging
efficient use and ensuring effective management of
radio frequencies and numbering resources, removing
the remaining obstacles to the provision of the relevant
networks and services, ensuring that there is no discri-
mination and encouraging the establishment and deve-
lopment of trans-European networks and the interoper-
ability of pan-European services.

The introduction of new systems providing mobile
satellite services (MSS) would contribute to the develop-
ment of the internal market and enhance competition by
increasing the availability of pan-European services and
end-to-end connectivity as well as encouraging efficient
investment. MSS constitute an innovative alternative
platform for various types of pan-European telecommu-
services,
nications

broadcasting/multicasting

and

(4) OJ L 108, 24.4.2002, p. 33. Directive as amended by Regulation

(EC) No 717/2007 (OJ L 171, 29.6.2007, p. 32).

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rural areas

relief. MSS could,

improve coverage of

regardless of the location of end users, such as high-
speed Internet/intranet access, mobile multimedia and
in
public protection and disaster
particular,
in the
Community, thus bridging the digital divide in terms of
geography, strengthening cultural diversity and media
pluralism and simultaneously contributing to the compe-
titiveness of European information and communication
technology industries in line with the objectives of the
renewed Lisbon strategy. Directive 89/552/EEC of
3 October 1989 of the European Parliament and of the
Council on the coordination of certain provisions laid
down by law, regulation or administrative action in
Member States concerning the provision of audiovisual
media services (Audiovisual Media Services Directive) (1)
should apply, as appropriate,
to audiovisual media
services transmitted using MSS systems.

Satellite communications, by their very nature, cross
national borders and, as such, are susceptible to interna-
tional or regional in addition to national regulation. Pan-
European satellite services are an important element of
the internal market and could make a substantial contri-
bution to achieving European Union objectives, such as
expansion of geographical coverage of broadband in line
with the i2010 initiative (2). New applications of mobile
satellite systems will emerge in the coming years.

(10)

(11)

the
selected and authorised at national
existing Community regulatory framework for electronic
communications.

level under

Regulations of
the International Telecommunications
Union (ITU) provide for procedures for satellite radio
for management of
frequency coordination as a tool
harmful interference, but do not extend to selection or
authorisation.

selection criteria

In order to prevent Member States from taking decisions
that might lead to fragmentation of the internal market
and undermine the objectives identified in Article 8 of
for mobile
Directive 2002/21/EC,
satellite systems should exceptionally be harmonised so
that the selection process results in availability of MSS
across the European Union. High up-front investment
required for
satellite
systems and the associated high technological and
financial risks necessitate an economy of scale for such
systems in the form of wide pan-European geographic
coverage, so that they remain economically viable.

the development of mobile

Commission Decision 2007/98/EC of 14 February 2007
on the harmonised use of radio spectrum in the 2 GHz
systems
frequency bands
providing mobile
that
Member States
frequency bands
available to systems providing MSS in the Community
as of 1 July 2007.

satellite
shall make

the implementation of

services (3) provides

these

for

Radio spectrum technical management, as organised by
Decision No 676/2002/EC of the European Parliament
and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European
Community (Radio Spectrum Decision) (4)
in general
and Decision 2007/98/EC in particular, does not cover
procedures for assignment of spectrum and granting
rights of use for radio frequencies.

including

selection criteria,

(12) Moreover, the successful launch of MSS requires coordi-
nation of regulatory action by Member States. Differences
in national selection procedures could still create frag-
mentation of the internal market due to the divergent
implementation of
the
weighting of the criteria, or different timescales of the
selection procedures. This would result in a patchwork of
successful applicants selected in contradiction to the pan-
those MSS. Selection of different
European nature of
operators of mobile
systems by different
satellite
Member States could imply complex harmful interference
situations or could even mean that a selected operator is
prevented from providing a pan-European satellite
service,
for instance where different radio frequencies
are assigned to the operator in different Member States.
Therefore, harmonisation of the selection criteria should
be supplemented by the establishment of a common
selection mechanism that would provide a coordinated
selection outcome for all Member States.

(6)

(7)

(8)

the European Parliament and of

(9) With the exception of Article 8 of Directive 2002/20/EC
of
the Council of
7 March 2002 on the authorisation of electronic
communications networks and services (Authorisation
Directive) (5), operators of mobile satellite systems are

(1) OJ L 298, 17.10.1989, p. 23. Directive as last amended by Directive

(13)

2007/65/EC (OJ L 332, 18.12.2007, p. 27).

(2) Commission Communication of 1 June 2005 entitled ‘i2010 — A

European Information Society for growth and employment’.

(3) OJ L 43, 15.2.2007, p. 32.
(4) OJ L 108, 24.4.2002, p. 1.
(5) OJ L 108, 24.4.2002, p. 21.

Since authorisation of the selected operators of mobile
satellite systems involves attachment of conditions to
such authorisations and a broad range of national
provisions applicable in the field of electronic commu-
nications must thus be taken into account, the authorisa-
tion issues should be dealt with by the competent auth-
orities of the Member States. However, in order to ensure
between
consistency
different Member States, provisions
relating to the
synchronised assignment of spectrum and harmonised
authorisation conditions should be established at
the
Community level, without prejudice to specific national
conditions compatible with Community law.

authorisation

approaches

of

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(14) MSS can generally reach geographic areas not well
covered by other electronic communications services, in
particular rural areas. The coordinated selection and auth-
orisation of new systems providing MSS could therefore
play an important role in bridging the digital divide by
improving the accessibility, speed, and quality of elec-
tronic communications
thus
services
contributing to social cohesion. Therefore, the proposed
coverage area of MSS (service area), as well as the time
frame for providing MSS within all Member States, are
important characteristics which should be taken into
account in an appropriate manner during the selection
procedure.

in these areas,

(15)

(16)

(17)

(18)

Taking into account a comparatively long period of time
and complex technical development steps required for
in the technical and
the launch of MSS, progress
commercial development of mobile satellite systems
should be assessed as part of the selection procedure.

Satellite radio frequency coordination is critical for the
effective provision of MSS in the Member States and
should therefore be considered when the credibility of
the proposed mobile
applicants and the viability of
satellite
selection
procedure.

assessed during the

systems

are

The comparative selection procedure should aim to bring
mobile satellite systems in the 2 GHz frequency band
taking into
into use without undue delay, while
account the right of applicants to fair and non-discrimi-
natory participation.

of

such

complementary

Complementary ground components are an integral part
of a mobile satellite system and are used, typically, to
enhance the services offered via the satellite in areas
where it may not be possible to retain a continuous
line of sight with the satellite due to obstructions in
the skyline caused by buildings and terrain. In accordance
with Decision 2007/98/EC,
ground
components use the same frequency bands as MSS
(1 980 to 2 010 MHz and 2 170 to 2 200 MHz). The
authorisation
ground
complementary
components will
therefore mainly rely on conditions
related to local circumstances. They should therefore be
selected and authorised at national
to
conditions established by Community law. This should
be without prejudice to specific requests made by
competent national authorities to the selected applicants
to
how
particular complementary ground components would
improve the availability of the proposed MSS in geogra-
phical areas where communications with one or more
space stations cannot be ensured with the required
quality, provided that such technical
information has
not already been provided in accordance with Title II.

level, subject

information

indicating

technical

provide

(19)

The limited amount of radio spectrum available implies
that the number of undertakings that may be selected
and authorised is also necessarily limited. However,
if
the selection process leads to a finding that there is no
radio spectrum scarcity, all eligible candidates should be
selected. The limited amount of radio spectrum available
may mean that any merger or takeover of any operator
providing MSS with or by another could significantly
reduce competition and would therefore be subject to
scrutiny under competition law.

(20)

The right to use the specific radio frequencies should be
granted to the selected applicants as soon as possible
after their selection,
in accordance with Article 5(3) of
Directive 2002/20/EC.

(21) Decisions on the withdrawal of authorisations granted in
relation to MSS or complementary ground components
should be
due to the non-fulfilment of obligations
enforced at national level.

and any

required enforcement

(22) While monitoring of the use of radio spectrum by the
selected and authorised operators of mobile satellite
systems
action is
it should remain possible
undertaken at national
for the Commission to define the modalities of a coor-
dinated monitoring
enforcement procedure.
Wherever necessary, the Commission should have the
right to raise enforcement issues relating to the fulfilment
in
by operators of common authorisation conditions,
particular coverage requirements.

and/or

level,

(23)

(24)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
conferred on the Commission (1). Decisions on selection
of applicants should be adopted in accordance with the
regulatory procedure in view of the importance of the
Community procedure for any further national authoris-
ation procedures.

the exercise of

In particular, the Commission should be empowered to
define the modalities for coordinated application of the
rules on enforcement. Since those measures are of
general scope and are designed to amend non-essential
elements of this Decision by supplementing it with new
adopted in
non-essential
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

they must be

elements,

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(25)

Since the objective of this Decision, namely to establish a
common framework for the selection and authorisation
of operators of mobile satellite systems, cannot be suf-
ficiently achieved by Member States and can therefore, by
reason of the scale and effects of the action, be better
achieved at Community level, the Community may adopt
measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. In accordance with
the principle of proportionality as set out in that Article,
this Decision does not go beyond what is necessary in
order to achieve that objective,

HAVE ADOPTED THIS DECISION:

TITLE I

OBJECTIVE, SCOPE AND DEFINITIONS

Article 1

Objective and scope

The purpose of this Decision is to facilitate the develop-
1.
ment of a competitive internal market
for mobile satellite
services (MSS) across the Community and to ensure gradual
coverage in all Member States.

band

frequency

This Decision creates a Community procedure for the common
selection of operators of mobile satellite systems that use the
2 GHz
in accordance with Decision
2007/98/EC, comprising radio spectrum from 1 980 to 2 010
MHz for earth to space communications, and from 2 170 to
2 200 MHz for space to Earth communications. It also lays
down provisions for the coordinated authorisation by Member
the selected operators to use the assigned radio
States of
spectrum within this band for
the operation of mobile
satellite systems.

2.

The following definitions shall also apply:

(a)

radio-communications

and associated facilities
services

‘mobile satellite systems’ shall mean electronic communi-
capable of
cations networks
providing
a
between
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 components used at
fixed
locations. Such a system shall
include at least one space
station;

(b) ‘complementary ground components’ of mobile satellite
systems shall mean ground-based stations used at
fixed
in order to improve the availability of MSS in
locations,
the system’s
geographical areas within the footprint of
satellite(s), where communications with one or more space
stations cannot be ensured with the required quality.

TITLE II

SELECTION PROCEDURE

Article 3

Comparative selection procedure

A comparative selection procedure shall be organised by
1.
the Commission for
the selection of operators of mobile
satellite systems. The Commission shall be assisted by the
Communications Committee referred to in Article 10(1).

Applicants shall be given a fair and non-discriminatory
2.
opportunity
selection
in the
procedure, which shall be transparent.

to participate

comparative

2.
Operators of mobile satellite systems shall be selected
through a Community procedure, in accordance with Title II.

The call for applications shall be published in the Official Journal
of the European Union.

The selected operators of mobile satellite systems shall be

3.
authorised by Member States in accordance with Title III.

4.
Operators of complementary ground components of
mobile satellite systems shall be authorised by Member States
in accordance with Title III.

including

applications,

Access to documents relating to the comparative selection
3.
in
procedure,
granted
the
accordance with Regulation (EC) No 1049/2001 of
European Parliament and of
the Council of 30 May 2001
regarding public access to European Parliament, Council and
Commission documents (1).

shall

be

Article 2

Definitions

The definitions laid down in Directive 2002/21/EC and
this

1.
Directive 2002/20/EC shall apply for the purposes of
Decision.

The Commission may seek advice and assistance from
4.
external experts for the analysis and/or evaluation of appli-
cations. Such external experts shall be selected on the basis of
their expertise and high level of independence and impartiality.

(1) OJ L 145, 31.5.2001, p. 43.

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Article 4

Admissibility of applications

1.

The following admissibility requirements shall apply:

satisfactory
shall
systems. Such assessment
completion of milestones one to five as set out in the Annex.
The credibility of applicants and the viability of the proposed
mobile satellite systems shall be taken into account throughout
the first selection phase.

rely on the

(a) applicants shall be established in the Community;

(b) applications shall

identify the amount of radio spectrum
requested, which shall be no more than 15 MHz for earth
to space and 15 MHz for space to earth in relation to any
single applicant and shall include statements and evidence
concerning the radio spectrum requested, the required mile-
stones and the selection criteria;

(c) applications shall include a commitment on the part of the

applicant that:

(i) the mobile satellite system proposed shall cover a
service area of at least 60 % of the aggregate land area
of the Member States, from the time the provision of
MSS commences;

(ii) MSS shall be available in all Member States and to at
least 50 % of the population and over at least 60 % of
the aggregate land area of each Member State by the
time stipulated by the applicant but in any event no
later than seven years from the date of publication of
the Commission’s decision adopted pursuant to Articles
5(2) or 6(3).

2.
Applications shall be submitted to the Commission. The
Commission may request applicants to supply additional infor-
mation regarding the fulfilment of admissibility requirements
within a specific time frame of between five and 20 working
days. The application shall be deemed inadmissible if such infor-
mation is not supplied within the specified time frame.

3.
The Commission shall decide on the admissibility of appli-
cations. Any decision of the Commission on non-admissibility
of applications shall be reasoned and adopted in accordance
with the advisory procedure referred to in Article 10(2).

The Commission shall

4.
forthwith inform the applicants
whether their applications have been considered as admissible
and publish the list of admissible applicants.

Article 5

First selection phase

2.
If the combined demand for radio spectrum requested by
eligible applicants retained according to paragraph 1 of this
radio spectrum
exceed the amount of
Article does not
available identified in Article 1(1), the Commission shall, by
means of a reasoned decision, determine,
in accordance with
the regulatory procedure referred to in Article 10(3), that all
eligible applicants shall be selected and identify the respective
frequencies which each selected applicant shall be authorised to
use, in each Member State, in accordance with Title III.

The Commission shall

forthwith inform the applicants
3.
whether their applications have been considered as eligible for
the second selection phase or have been selected according to
paragraph 2. The Commission shall publish the list of eligible or
selected applicants. Within 30 working days of such publi-
cation, eligible applicants that intend to proceed no further in
the selection procedure, and selected applicants that intend not
to use the radio frequencies, shall
inform the Commission
thereof in writing.

Article 6

Second selection phase

amount of

1.
If the combined demand for radio spectrum requested by
eligible applicants identified in the first selection phase exceeds
the
in
Article 1(1), the Commission shall select eligible applicants by
assessing to what extent the proposed mobile satellite systems
of the eligible applicants fulfil the following weighted selection
criteria:

radio spectrum available

identified

(a) consumer

and

competitive

benefits

provided

(20 %

weighting) comprising the following two sub-criteria:

(i) the number of end-users and the range of MSS to be
the

provided by the date of
continuous provision of commercial MSS;

commencement of

(ii) the date of commencement of the continuous provision

of commercial MSS;

(b) spectrum efficiency

(20 % weighting)

comprising

the

following two sub-criteria:

1. Within 40 working days following publication of the list
of admissible applicants, the Commission shall assess whether
applicants have demonstrated the required level of technical and
their respective mobile satellite
commercial development of

(i) the total amount of spectrum required;

(ii) the aggregated data stream capacity;

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(c) pan-EU geographic coverage (40 % weighting) comprising

the following three sub-criteria:

(i) the number of Member States in which at least 50 % of
the population is within the service area by the date of
commencement of
continuous provision of
commercial MSS;

the

(ii) the degree of geographical coverage, based on the
service area of the aggregate land area of the Member
States by the date of commencement of the continuous
provision of commercial MSS;

(iii) the time stipulated by the applicant when MSS will be
available in all Member States and to at least 50 % of
the population and in at least 60 % of the aggregate
land area of each Member State;

(d) the extent to which public policy objectives, not dealt with
(b) and (c), are
the

by the criteria referred to in points (a),
achieved
(20 % weighting)
following three equally weighted sub-criteria:

in accordance with

(i) the provision of public interest services contributing to
the protection of health or safety and security of
citizens in general or specific groups of citizens;

(ii) the integrity and security of services;

(iii) the range of services provided to consumers in rural or

remote areas.

2.
Any rules for implementing this Article shall be adopted
by the Commission in accordance with the regulatory procedure
referred to in Article 10(3). The credibility of the applicants and
the viability of the proposed mobile satellite systems shall be
taken into account throughout the second selection phase.

3. Within 80 working days following publication of the list
of eligible applicants identified in the first selection phase, the
Commission shall, on the basis of the report of the external
expert panel,
if applicable, and in accordance with the regu-
latory procedure referred to in Article 10(3), adopt a decision
on the selection of applicants. The decision shall
identify the
selected applicants ranked on the basis of the extent to which
the reasons on which the
they meet
decision is based, as well as
the frequencies which each
selected applicant is to be authorised to use, in each Member
State, in accordance with Title III.

the selection criteria,

4.
The Commission shall publish the decisions adopted
pursuant to Articles 5(2) or 6(3) in the Official Journal of the
European Union within one month of their adoption.

TITLE III

AUTHORISATION

Article 7

Authorisation of the selected applicants

selected

applicants have

1. Member States shall ensure that the selected applicants, in
accordance with the time frame and the service area to which
the
in
accordance with Article 4(1)(c), and in accordance with
national and Community law, have the right
to use the
specific radio frequency identified in the Commission decision
to Articles 5(2) or 6(3) and the right to
adopted pursuant
inform selected
operate a mobile satellite system. They shall
applicants of those rights accordingly.

themselves,

committed

The rights covered by paragraph 1 shall be subject to the

2.
following common conditions:

(a) selected applicants shall use the assigned radio spectrum for

the provision of MSS;

(b) selected applicants shall meet milestones six to nine set out
in the Annex within 24 months of the selection decision
adopted pursuant to Articles 5(2) or 6(3);

(c) selected applicants shall honour any commitments they give
in their applications or during the comparative selection
procedure,
irrespective of whether the combined demand
for radio spectrum exceeds the amount available;

(d) selected applicants shall provide to the competent authori-
ties of all Member States an annual report detailing the
status of development of their proposed mobile satellite
system;

(e) any necessary rights of use and authorisations shall be
granted for a duration of eighteen years from the date of
the selection decision adopted pursuant to Articles 5(2) or
6(3).

3. Member States may grant rights of use of spectrum iden-
tified in Article 1(1) for such time and to the extent that they
remain outside the service area to which the selected applicants
have committed themselves pursuant
in
accordance with Decision 2007/98/EC.

to this Decision,

4. Member States may impose objectively justified, non-
discriminatory, proportionate and transparent obligations to
ensure communications between emergency services and auth-
orities during major disasters, in accordance with Community
law, including Directive 2002/20/EC.

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Article 8

Complementary ground components

1. Member States shall,
in accordance with national and
Community law, ensure that their competent authorities grant
to the applicants selected in accordance with Title II and
authorised to use the spectrum pursuant to Article 7 the auth-
orisations necessary for the provision of complementary ground
components of mobile satellite systems on their territories.

2. Member States shall not select or authorise operators of
complementary ground components of mobile satellite systems
is
in Title II
before the selection procedure provided for
completed by a Commission decision adopted pursuant
to
Articles 5(2) or 6(3). This is without prejudice to the use of
the 2 GHz frequency band by systems other
than those
providing MSS in accordance with Decision 2007/98/EC.

3.
Any national authorisations issued for the operation of
satellite
complementary
components
systems in the 2 GHz frequency band shall be subject to the
following common conditions:

of mobile

ground

(a) operators shall use the assigned radio spectrum for the
ground components of

complementary

provision of
mobile satellite systems;

by

the

(b) complementary ground components

shall constitute an
integral part of a mobile satellite system and shall be
network
controlled
management mechanism; they shall use the same direction
of transmission and the same portions of frequency bands
as the associated satellite components and shall not increase
the spectrum requirement of the associated mobile satellite
system;

resource

satellite

and

(c)

operation

ground
of
independent
components in case of failure of the satellite component
of the associated mobile satellite system shall not exceed
18 months;

complementary

2. Member States shall ensure that rules on enforcement,
event of
including rules on penalties
in
breaches of
for
Article 7(2), are in accordance with Community law,
in
particular Article 10 of Directive 2002/20/EC. Penalties must
be effective, proportionate and dissuasive.

applicable
common conditions

in the
provided

the

Member States shall ensure monitoring of compliance with
these common conditions and take appropriate measures to
address non-compliance. Member States
inform the
Commission of the results of such monitoring on an annual
basis, in the event that any common conditions have not been
complied with and in the event that any enforcement measures
have been taken.

shall

The Commission may, with the assistance of the Communi-
cations Committee referred to in Article 10(1), examine any
alleged specific breach of the common conditions. Where a
Member State informs the Commission of a particular breach,
the Commission shall examine the alleged breach with the
assistance of the Communications Committee.

3.
The measures defining any appropriate modalities for
coordinated application of the rules on enforcement referred
to in paragraph 2,
coordinated
including rules
suspension or withdrawal of authorisations for breaches of
the common conditions provided for in Article 7(2), designed
to amend non-essential elements of this Decision by supple-
menting it shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 10(4).

the

for

TITLE IV

GENERAL AND FINAL PROVISIONS

Article 10

Committee

The Commission shall be assisted by the Communications

1.
Committee set up by Article 22 of Directive 2002/21/EC.

(d) rights of use and authorisations shall be granted for a period
of time ending no later than the expiry of the authorisation
of the associated mobile satellite system.

Article 9

Monitoring and enforcement

1.
Selected operators shall be responsible for compliance
with any conditions attached to their authorisations and for
payment of any applicable authorisation and/or usage fees
and charges as required by laws of Member States.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

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4. Where reference is made to this paragraph, Article 5a(1)
to (4) and (5)(b), and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.

The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of
Decision 1999/468/EC shall be set at one month.

Article 11

Entry into force

This Decision shall enter into force on the third day following
its publication in the Official Journal of the European Union.

Article 12

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 30 June 2008.

For the European Parliament
The President

For the Council
The President

H.-G. PÖTTERING

M. KUCLER DOLINAR

2.7.2008

EN

Official Journal of the European Union

L 172/23

ANNEX

MILESTONES

1. Submission of International Telecommunications Union (ITU) request for coordination

The applicant shall provide clear evidence that the administration responsible for the ITU filing of a mobile satellite
system to be used for the provision of commercial MSS within the territories of the Member States has submitted the
relevant ITU Radio Regulations Appendix 4 information.

2. Satellite manufacturing

The applicant shall provide clear evidence of a binding agreement for the manufacture of the satellites required for the
provision of commercial MSS within the territories of the Member States. The document shall identify the construction
milestones leading to the completion of manufacture of satellites required for the provision of commercial MSS. The
document shall be signed by the applicant and the satellite manufacturing company.

3. Satellite launch agreement

The applicant shall provide clear evidence of a binding agreement to launch the minimum number of satellites
the Member States. The
required for the continuous provision of commercial MSS within the territories of
document shall identify the launch dates and launch services and the contractual terms and conditions concerning
indemnity. The document shall be signed by the mobile satellite system operator and the satellite launching company.

4. Gateway Earth Stations

The applicant shall provide clear evidence of a binding agreement for the construction and installation of Gateway
Earth Stations that would be used for the provision of commercial MSS within the territories of the Member States.

5. Completion of the Critical Design Review

The Critical Design Review is the stage in the spacecraft implementation process at which the design and development
phase ends and the manufacturing phase starts.

The applicant shall provide clear evidence of the completion, no later than 80 working days after the submission of
the application, of the Critical Design Review in accordance with the construction milestones indicated in the satellite
manufacturing agreement. The relevant document shall be signed by the satellite manufacturing company and shall
indicate the date of the completion of the Critical Design Review.

6. Satellite mating

The mating is the stage in the spacecraft implementation process at which the Communication Module (CM) is
integrated with the Service Module (SM).

The applicant shall provide clear evidence that the Test Readiness Review for SM/CM mating has taken place in
accordance with the construction milestones indicated in the satellite manufacturing agreement. The relevant
document shall be signed by the satellite manufacturing company and shall indicate the date of the completion of
the satellite mating.

7. Launch of satellites

The applicant shall provide clear evidence of the successful launch and in-orbit deployment of the number of satellites
required for the continuous provision of commercial MSS within the territories of the Member States.

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Official Journal of the European Union

2.7.2008

8. Frequency coordination

The applicant shall provide clear evidence of the successful frequency coordination of the system in accordance with
the relevant provisions of the ITU Radio Regulations. However, a system which demonstrates compliance with
milestones one to seven inclusive is not obliged to demonstrate at this stage completion of successful frequency
coordination with those mobile satellite systems which fail to comply adequately and reasonably with milestones one
to seven inclusive.

9. Provision of MSS within the territories of Member States

The applicant shall provide clear evidence that it is effectively providing the continuous commercial MSS within the
territories of the Member States using the number of satellites it has previously identified under milestone three to
cover the geographical area the applicant has committed to in its application by the date of the commencement of the
provision of MSS.