The independent administrative authorities are in charge of authorising the use of frequencies for the provision of electronic communication services. Authorisations can be given on a general or individual basis, in line with the regulatory solutions set out in the TNRBF. The management of individual authorisations is part of market regulation activities and must be based on transparent and non-discriminatory procedures.
Authorisations to use radio frequencies in France are issued by Arcep, except for those of which the sole purpose is the broadcasting of audiovisual communication services, the assignment of which is with the Arcom.
The use of radio frequencies on national territory, in the authorised conditions, is a private occupation of the State's public domain in accordance with article L41-1 of the French Postal and Electronic Communications Code (CPCE).
Authorisations are said to be "general" when the use of frequencies in the prescribed conditions is not subject to individual authorisation by the Arcep, as is the case for radio equipment of the "short-range devices" (SRD) type.
Finally, understanding the legal framework for the use of spectrum by radio equipment requires a clear differentiation between the regulation of the use of radio frequencies (authorisation) and the regulation of the placing on the market of equipment, which is established by Directive No 2014/53/EU of the European Parliament and of the Council of 16 April 2014 known as "RED" (" Radio Equipment Directive ").