Selection and authorisation of mobile satellite services (MSS)

SUMMARY OF:

WHAT IS THE AIM OF THE DECISIONS?

They aim to facilitate a competitive internal market for mobile satellite services (MSS) and ensure gradual coverage everywhere in the EU.
They establish an MSSoperator selection procedure at EU level and common authorisation rules for MSS operators to be applied by EU countries, with the overall aim of making effective use of radio spectrum.

KEY POINTS

Mobile satellite systems are defined as electronic communications networks and their associated facilities which are capable of providing radio-communications services:

between a mobile earth station and satellite space stations; or
between mobile earth stations, using communication via satellite space stations; or
between a mobile earth station and fixed location complementary ground components* (using communication with at least one satellite space station).

Decision No 626/2008/EC sets out selection and authorisation procedures.

Selection procedure

The selection procedure for MSS operators is organised by the European Commission, assisted by the Communications Committee. The calls for tenders are published in the Official Journal of the European Union.
The decision establishes an MSS-operator selection procedure at EU level and common authorisation rules to be applied by EU countries for use of the 2 GHz frequency band, which comprises radiospectrum : from 1980 to 2010 MHz for ground to satellite communication, and 2170 to 2200 MHz for satellite to ground communication, in accordance with Decision 2007/98/EC.
Operators submitting an application must be established in the EU, and identify the radio spectrum requested, which should be no more than 15 MHz for each direction of communication. Applicants must also commit to:
- covering a service area of at least 60% of the aggregate land area of the EU countries, from the time the provision of MSS commences;
- making MSS available in all EU countries and to at least 50% of the population and over at least 60% of the aggregate land area of each EU country by no later than 7 years from selection.
The selection procedure comprises the assessment of both the technical and commercial capacities of applicants as well as the technical and commercial quality of the MSS offered.
The Commission publishes the list of selected operators who must then obtain authorisation at national level.

Authorisation

EU countries guarantee the selected operators the right to use radio frequencies for MSS, subject to conditions including:
- following milestones regarding the satellites’ mating (integration of the communication and service modules) and launch, frequency coordination and the provision of MSS within EU country territories in the 2 years following their selection;
- selected operators must honour the commitments made during the selection procedure and provide an annual report to national authorities;
- the rights of use and authorisations are granted for 18 years from the selection date.
EU countries also issue authorisations for the use of complementary ground components.

Decision 2009/449/EC determines the following:

ICO Satellite Limited and TerreStar Europe Limited are not eligible for radio spectrum allocation (because they did not demonstrate the required level of technical and commercial development of their respective mobile satellite systems and should not be eligible applicants);
Inmarsat Ventures Limited are selected for radio spectrum from 1980 to 1995 MHz for earth to space communications and from 2170 to 2185 MHz for space to earth communications;
Solaris Mobile Limited are selected for radio spectrum from 1995 to 2010 MHz for earth to space communications and from 2185 to 2200 MHz for space to earth communications.

Decision 2007/98/EC determines the following:

EU countries must designate frequency bands 1980 to 2010 MHz and 2170 to 2200 MHz for MSS;
any other use of these bands must not cause harmful interference and no claim for harmful interference caused by MSS can be made;
any complementary ground-based station is an integral part of the MSS and must be controlled by the same system. It must use the same direction of transmission and the same portions of frequency bands as the associated satellite components.

Decision 2011/667/EU sets out how EU countries coordinate enforcement response in the event of an alleged breach of the common conditions of the MSS operator authorisation.

FROM WHEN DO THE DECISIONS APPLY?

Decision No 626/2008/EC has applied since 2 July 2008. Amendments, including revised committee rules and provisions for adopting implementing acts to strengthen enforcement rules, have applied since 26 July 2019.
Decision 2009/449/EC has applied since 12 June 2009.
Decision 2007/98/EC has applied since 14 February 2007.
Decision 2011/667/EU has applied since 11 October 2011.

BACKGROUND

Directive 2002/21/EC (see summary) was introduced to create an internal market for MSS open to competition and to reduce digital inequalities by progressively improving coverage in less-developed areas of the EU. The European Electronic Communications Code (Directive (EU) 2018/1972) repeals it from 21 December 2020.
The decisions follow the guidelines in the 2007 European Parliament Resolution Towards a European Policy on the Radio Spectrum Policy which emphasises the importance of the diffusion of broadband, mobile communications and new wireless technologies in achieving universal coverage in the EU. Pan-European satellite services also enable the expansion of geographical coverage of broadband in line with the i2010 initiative.
For more information, see:
- Going mobile with satellite services (European Commission)
- Spectrum in the European Union — factsheet (European Commission).

KEY TERMS

Complementary ground components of MSS: fixed ground-based stations, designed to improve the availability of MSS in geographical areas within the footprint of the system’s satellite(s), where communications with the satellite space stations may not have the required quality.

MAIN DOCUMENTS

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) (OJ L 172, 2.7.2008, pp. 15-24)

Successive amendments to Decision No 626/2008/EC have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Decision 2009/449/EC of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS) (OJ L 149, 12.6.2009, pp. 65-68)

Commission Decision 2007/98/EC 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, pp. 32-34)

Commission Decision 2011/667/EU 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 (OJ L 265, 11.10.2011, pp. 25-27)