Decision 2011/667 - 2011/667/: Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision 626/2008/EC (notified under document C(2011) 7001) - Main contents
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official title
2011/667/: Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council (notified under document C(2011) 7001) Text with EEA relevance| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2011/667 |
| CELEX number i | 32011D0667 |
| Document | 10-10-2011 |
|---|---|
| Publication in Official Journal | 11-10-2011; Special edition in Croatian: Chapter 13 Volume 041,OJ L 265, 11.10.2011 |
| Effect | 11-10-2011; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 11-10-2011 |
11.10.2011 |
EN |
Official Journal of the European Union |
L 265/25 |
COMMISSION DECISION
of 10 October 2011
on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council
(notified under document C(2011) 7001)
(Text with EEA relevance)
(2011/667/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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) (1), and in particular Article 9(3) thereof,
Whereas:
(1) |
Decision No 626/2008/EC aims to facilitate the development of a competitive internal market for MSS across the Union and to ensure gradual coverage in all Member States by the operators selected to provide these services. |
(2) |
In particular, it creates a procedure for the common selection of operators of mobile satellite systems that use the 2 GHz frequency band, 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. |
(3) |
Commission Decision 2009/449/EC of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS) (2) lists the selected operators and corresponding frequencies. |
(4) |
In accordance with Article 7(1) of Decision No 626/2008/EC Member States should ensure that the selected applicants have the right to use the specific radio frequency identified in Decision 2009/449/EC and the right to operate a mobile satellite system according to the time-frame and in the service area to which the selected applicants have committed themselves. |
(5) |
The rights to use the specific radio frequency and to operate a mobile satellite system are subject to common conditions laid down in Article 7(2) of Decision No 626/2008/EC. In particular the selected operators must use the assigned radio spectrum for the provision of MSS, they must have met milestones six to nine set out in the Annex to this latter Decision by 13 May 2011 and they must honour any commitments they gave in their applications. |
(6) |
Monitoring of compliance with these common conditions and enforcement should be undertaken at national level, including the final assessment of any breach of common conditions. |
(7) |
National rules on enforcement should be in accordance with Union law, in particular Article 10 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (3). |
(8) |
The cross-border nature of the common conditions provided for in Article 7(2) of Decision No 626/2008/EC requires coordination at Union level of the national procedures leading to enforcement by Member States. Inconsistencies in the application of national enforcement procedures, in particular regarding the investigation, the timing and the nature of any measures taken, would result in a patchwork of enforcement measures in contradiction to the pan-European nature of MSS. |
(9) |
This Decision should not cover enforcement of purely national conditions nor apply to enforcement measures concerning conditions other than common conditions referred to in Article 7(2) of Decision No 626/2008/EC. In view of the essentially national dimension of any specific conditions in relation to complementary ground components of mobile satellite systems, enforcement of common conditions referred to in Article 8(3) of Decision No 626/2008/EC should not be included in the scope of this... |
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