contents table Logo Lexparency.org lexp
On the selection and authorisation of systems providing mobile satellite services (MSS) (Text with EEA relevance)
Article 6

Article 6 — Second selection phase

  1. If the combined demand for radio spectrum requested by eligible applicants identified in the first selection phase exceeds the amount of radio spectrum available identified 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:
    1. consumer and competitive benefits provided (20 % weighting) comprising the following two sub-criteria:
      1. the number of end-users and the range of MSS to be provided by the date of commencement of the continuous provision of commercial MSS;
      2. the date of commencement of the continuous provision of commercial MSS;
    2. spectrum efficiency (20 % weighting) comprising the following two sub-criteria:
      1. the total amount of spectrum required;
      2. the aggregated data stream capacity;
    3. pan-EU geographic coverage (40 % weighting) comprising the following three sub-criteria:
      1. the number of Member States in which at least 50 % of the population is within the service area by the date of commencement of the continuous provision of commercial MSS;
      2. 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;
      3. 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;
    4. the extent to which public policy objectives, not dealt with by the criteria referred to in points (a), (b) and (c), are achieved (20 % weighting) in accordance with the following three equally weighted sub-criteria:
      1. 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;
      2. the integrity and security of services;
      3. 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 regulatory 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 they meet the selection criteria, the reasons on which the 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.
  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.