S.L. 399.44 Art. 6Complementary ground components.

(1) The Authority shall grant an authorisation under these regulations to the selected applicants that request the Authority an additional authorisation for the right of use of radio spectrum for the provision of complementary ground components of mobile satellite systems subject to the conditions set out in these regulations:

Provided that in issuing any such authorisation the Authority may provide for any objectively justified, non-discriminatory, proportionate and transparent conditions as it may consider necessary in the circumstances and as are in accordance with the EU Decision.

(2) The Authority shall ensure that the authorisations for complementary ground components of mobile satellite systems are subject to the common conditions specified in Article 8(3) of the EU Decision, namely:

(a) the selected operators shall use the assigned radio spectrum for the provision of complementary ground components of mobile satellite systems pursuant to regulation 3(1);

(b) complementary ground components shall constitute an integral part of a mobile satellite system and shall be controlled by the satellite resource and network 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;

(c) independent operation of complementary ground components in case of failure of the satellite component of the associated mobile satellite system shall not exceed eighteen months;

(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.

(3) Without prejudice to the common conditions specified in the EU Decision, the services to be provided by the selected operators shall be hybrid mobile satellite services.

(4) The selected operators enjoying an authorisation granted by the Authority shall ensure that in operating their complementary ground components no harmful interference is caused to other systems operating in other adjacent frequency bands, in particular the bands 1980-2010 MHz and 2170-2200 MHz:

Provided that the selected operators enjoying an authorisation for the provision of aeronautical only hybrid mobile satellite services shall implement those mitigation measures identified in ECC Report 233 in order to ensure coexistence with other systems operating in adjacent frequency bands:

Provided further that the Authority has the right to impose additional restrictions in the authorisation granted pursuant to regulation 5(1) to address coexistence issues with other systems operating in adjacent frequency bands.

(5) The selected operators enjoying an authorisation for the provision of aeronautical only hybrid mobile satellite services shall implement complementary ground components compliant with ECC Report 233:

Provided that the Authority may consider requests submitted in writing by the selected operators for the implementation of complementary ground components having technical parameters least restrictive than those established in ECC Report 233. The Authority shall base its considerations on the results of adjacent band compatibility studies which are to be made available by concerned selected operators. SCHEDULE I

Regulation 3(3)

payable for radio spectrum used by one or more space stations for the provision of mobile satellite services a. One time administrative fee payable within one month from the date of publication of an authorisation in accordance with regulation 3(1) ................................................................. €2,000 b. Annual fee to be paid on or before the anniversary of the authorisation .................................................................... €1,000 payable for radio spectrum used by complementary ground components the provision of hybrid mobile satellite services: a. Annual usage fees for radio spectrum for each paired 5 MHz channel to be paid on or before the anniversary of an authorisation for the provision of service-neutral hybrid mobile satellite services: i. for the first five years of an authorisation which term shall commence on the commencement date defined in the authorisation ......................................................... €33,000 ii. for the remaining duration of an authorisation ........................................................................ €98,000; or b. Annual usage fees for radio spectrum for the provision of aeronautical only hybrid mobile satellite services ............. 13,000