Key Benefits:
Associate Minister for Industry,
Given the International Telecommunication Union Convention, the Telecommunications Regulations International and Radio Regulations;
In view of the Postal Code and Telecommunications, and in particular Article L. 33-1;
Law No. 78-23 of 10 January 1978, as amended on the protection and information of consumers Products and services;
Due to the Finance Act 1987 (No. 86-1317 of December 30, 1986) as amended;
As amended by Act No. 90-1170 of December 29, 1990, on the regulation of telecommunications, and in particular its section 28;
Given the law N ° 91-646 of 10 July 1991 on the secrecy of correspondence issued by the telecommunications route;
In view of Order No. 59-147 of 7 January 1959 on the general organisation of the defence and its implementing texts;
Vu The amended Order No. 86-1243 of 1 December 1986 on the freedom of prices and competition;
In the light of the amended decree of 3 February 1993 on charges for the provision of radio frequencies and for management by the Holders of authorisations issued pursuant to Articles L. 33-1 and L. 33-2 of the Postal Code and Telecommunications;
In view of Decree No. 96-1175 of 27 December 1996 on the standard clauses of the specifications associated with authorisations Granted pursuant to Articles L. 33-1 and L. 34-1;
In light of Decree No. 96-1224 of 27 December 1996 on charges payable for the management of the national numbering plan and control of its use;
In view of Decree No. 97-188 of 3 March 1997 on interconnection provided for by Article L. 34-8 of the Postal Code and Telecommunications;
In view of Decree No. 97-475 of 13 May 1997 on the financing of the universal service taken for the application of Article L. 35-3 Postal code and telecommunications;
Having regard to Decree No. 2002-775 of 3 May 2002 taken pursuant to Article L. 32 of the Code of Posts and Telecommunications and relating to the limit values for exposure of the public to electromagnetic fields Emitted by equipment used in telecommunications networks or by radio installations;
In light of Decision No. 2002-1009 dated October 31, 2002 assigning frequencies to radio installations in the band 2 400-2 483.5 MHz;
Given the agreement given by the Ministry of Defence on 9 December 2002;
Seen the application dated 12 November 2002 by Mr. Olivier Zablocki, remaining 17, rue de Sully, 17410 Saint-Martin-de-Ré;
In view of Decision No. 2002-1194 of The Telecommunications Regulatory Authority of 23 December 2002 on the appraisal of the application for authorisation for the establishment of an experimental RLAN network open to the public presented by Mr Olivier Zablocki,
Arrête:
Mr. Olivier Zablocki is authorized to establish and operate an experimental telecommunications network that is open to Public using the frequency band 2 400-2 483.5 MHz on the territory of the community of communes of the island of Ré.
This authorization is issued for a period of eighteen months from the date of publication of this Order.
The authorization holder will comply with the conditions of experimentation defined in the specifications attached to this Order; in particular, the equivalent effective isotropic radiated power (PIRE) shall not exceed 100 mW on the Band 2 400-2 483.5 MHz.
The use of the frequencies of the band 2 400-2 483 MHz, assigned without a specific assignment To a user, operate on a non-interference basis and without a guarantee of protection; the holder will have to deactivate his installations in case of interference with the equipment of the Ministry of Defence, on request of the latter.
In accordance with the specifications attached to this Order, a precise network map will be provided by the holder of the Authorization. This information will be transmitted to the National Frequency Agency and the Ministry of Defence.
In accordance with the Annexed to this Order, a balance sheet shall be communicated to the Telecommunications Regulatory Authority at the end of the experiment.
This authorization is related to the person of the holder and cannot be assigned to a third party.
Any changes to the conditions of the network establishment should be communicated to the Telecom Regulatory Authority.
This Order and its Annex will be published in the Official Journal of the French Republic.
A N N E X E
CHARGES FOR THE ESTABLISHMENT AND EXPLOITATION OF AN EXPERIMENTAL TELECOMMUNICATIONS NETWORK OPEN TO THE PUBLIC USING FREQUENCIES IN BAND 2 400-2 483.5 MHz
Authorization: Mr. Olivier Zablocki.
Definitions
In this specification, terms are used that are understood as follows:
Operator
This is the holder of the authorization to establish and operate the network for the supply to the public of telecommunications services referred to in Article 1 of the order to which the
ETSI
The European Telecommunications Standards Institute (European Telecommunications Standards Institute).
ITU
This is the International Telecommunication Union.
Technical Specification
This is a document that describes the required technical characteristics A product or service for a given purpose.
Standards
These are the technical specifications approved by a recognized organization with a normative activity, for application Repeated or continuous.
Interconnect conventions
Interconnect agreements specify the technical and financial terms of all relationships between the operator and others Network operators open to the public or telephone service providers to the public falling within the framework set out in Chapter XII of this specification.
Chapter I
Nature, characteristics, area of
network and service deployment schedule and coverage
1.1. Description,
coverage area and network deployment schedule
The operator network can be established in the area referred to in section 1 of the Authorization Order to which this workbook is attached. Loads.
Users will access the operator network using point-to-point and point-to-point radio links established in the frequency band 2 400-2 483.5 MHz.
Network radio installations Use spectrum technology calibrated by referring to the harmonized standard EN 300 328-2 of ETSI or any other recognized equivalent standard.
They will operate on a non-interference basis and without warranty of protection.
Power Equivalent radiated isotropic radiated isotropic (PIRE) issued by any equipment in the antenna output network shall not exceed 100 mW over the entire band 2 400-2 483.5 MHz, in accordance with European decisions.
The fixed links necessary for the establishment and the The operation of the operator's network must consist of transmission facilities which can be:
-wireline links established by the operator alone or via a contract with a supplier of naked fibres;
-links Satellite;
-leased connections to other authorized operators;
-radio links established in the frequency band 2 400-2 483.5 MHz or established in other frequency bands in accordance with the provisions of the Chapter VIII relating to frequencies.
The operator shall provide the Telecommunications Regulation Authority with information relating to the description of the technical characteristics of the project, such as: Site, characteristics and number of each equipment, coverage area of each terminal, standards used, channels used in the band 2 400-2 483.5 MHz, the presentation of the service network and the access points to this network.
The conditions of Renewal of the authorisation or the ground for refusal of renewal will be notified at least two months before the expiry of the experiment.
1.2. Services
The operator can provide all telecommunications services, in accordance with article L. 34-2 of the postal code and telecommunications.
The operator's service must enable the operator's customers Rated directly to its network to access broadband data services, including access to the Internet.
1.3. International Undertaking
The operator complies with the rules laid down by the ITU Convention, by the annexed by-laws, by international agreements and by the European Community regulations. It shall keep the Minister responsible for telecommunications and the Telecommunications Regulatory Authority informed of the provisions it takes in this field.
Chapter II
Conditions of permanence, quality,
availability and network and service access modes
2.1. Conditions for network and service permanence
The operator must take the necessary steps to remedy the effects of the system failure degrading the quality of the service for the whole or a
Any disruption caused by an installation of the operator on the equipment of the Department of Defense will result in the decommissioning without delay of the installation.
The licensee shall Implements the necessary protections and redundancies to ensure a satisfactory quality and availability of service.
2.2. Availability and quality of network and services
The operator will present a balance sheet at the end of the experiment. This assessment will provide an opportunity to take stock of the technical and economic aspects of the experiment, as well as the assessment of users.
This balance sheet will include:
-a technical review; this balance sheet will present the number Users of the service, the peak flow rate and the average rate observed per user, the traffic curves, the measures taken by the applicant to ensure the permanence of the service and the security of the network, in particular against piracy, as well as The confidentiality of communications; it will present the procedures for authentication, taxation and invoicing of users;
-a balance of use to evaluate the actual use of the resource, as well as a satisfaction survey To customers and other inhabitants of the right-of-way area; this survey will assess the potential interference caused by the experiment and result in a monitoring and correction procedure;
-an economic review to assess Commercial conditions of supply (number of subscribers, price of services) as well as the economic balance of the project.
The Telecommunications Regulatory Authority may ask the operator for an interim balance sheet as appropriate.
2.3. Network access modes
Client access to the network of the operator will be by direct connection of its terminal equipment to the network of the operator.
The operator publishes the specifications for its interfaces Networks under the conditions laid down in Decision 2000-329 of the Telecommunications Regulatory Authority dated 5 April 2000 approved by the Secretary of State for Industry by order of 11 August 2000. These specifications are sufficiently detailed to allow the design of telecommunications terminal equipment capable of using all the services provided by the corresponding interface.
When the terminal equipment having done so The purpose of the conformity assessment procedure provided for in Article L. 34-9 connected to a network open to the public causes serious damage to a network or radio disturbances, or damage to the network and its operation, The operator shall carry out all necessary technical checks without delay and shall communicate the results to the Authority.
To preserve the integrity of the network and the proper functioning of the services, the Telecommunications Regulatory Authority may Send a notice to the user of the terminal equipment concerned inviting him to take all measures to put an end to the disturbances within a specified period. If, at the end of that period, that user has not complied with the formal notice, the Telecommunications Regulatory Authority requests the operator to suspend the supply of the service which uses the terminals at the origin of the Disturbance.
In case of emergency, the operator may disconnect equipment if network protection requires that the equipment be disconnected without delay and if an alternative is available to the user without delay and without charge for The latter. In this case, the operator shall immediately inform the Telecommunications Regulatory Authority.
Where equipment which has not been evaluated for conformity is connected to a network open to the public, the Regulatory Authority shall Telecommunications may, without prejudice to possible criminal proceedings provided for in Article L. 39-1 of the Postal Code and telecommunications, ask the operator to whom these terminals are irregularly connected to suspend the supply of the Service to the user of the equipment concerned. The operator follows this request.
Chapter III
Privacy and Neutrality Requirements for Transferred Messages and Communications-Related Information
3.1. Respect for the secrecy of correspondence and neutrality
The operator takes the necessary measures to ensure the neutrality of its services in relation to the content of the messages transmitted on its network and the secrecy of the
To this effect, the operator provides its services without discrimination regardless of the nature of the messages transmitted and makes the necessary arrangements to ensure the integrity of the messages.
In accordance with section 1 of the 10 July 1991 concerning the secrecy of correspondence issued by the telecommunications route, this secrecy may only be infringed by the public authority, in the cases and conditions laid down by law
The knowledge of its staff, and in particular qualified staff, the obligations and penalties they incur under the provisions of the Penal Code, and in particular under Articles 226-13, 226-15 and 432-9 relating to the secrecy of the Matches.
3.2. Processing personal data
3.2.1. The operator shall take appropriate measures to ensure the protection, integrity and confidentiality of personal data held and processed.
In particular, the operator guarantees to any natural or legal person the right :
-not to be mentioned on published subscriber or user lists. The exercise of this right is free of charge;
-not to be mentioned on the lists of subscribers or users accessible by a telephone enquiry service;
-to oppose free publication and communication of The complete address of his or her home, to the extent that the published or communicable data makes it possible to distinguish that person from his or her homonyms, as well as to oppose, where appropriate, the indication of sex;
-to receive invoices not Detailed and, on its request, detailed invoices;
-to prohibit free of charge that personal data relating to it, from the lists of subscribers or users, are used for direct prospecting operations by Postal or telecommunications service, with the exception of transactions relating to the authorised activity and relating to the contractual relationship between the operator and the subscriber;
-to exercise its right of free access to the data
operator is required to exploit the personal data in accordance with the stated purposes.
3.2.2. When the operator's customers receive a detailed invoice, the invoices:
-have a sufficient level of detail to allow verification of the invoiced amounts;
-do not mention free calls for The user;
-do not indicate the last four digits of the called numbers, unless the customer specifically requested that this be the case.
Detailed billing is available free of charge to the subscriber. However, additional benefits may be offered to the subscriber at a reasonable rate, if any.
3.2.3. The operator allows each of its customers to oppose free and by a simple means, call by call or permanently (permanent secret), to the identification of their line by the posts called.
When a user has several Lines, this function is available for each row. This function should also be proposed for communications from public telephone booths. The operator shall implement a special scheme for the removal of this function for reasons relating to the operation of emergency services or the tranquillity of the call, in accordance with the regulations in force.
When a subscriber Has the permanent secret, the operator allows it to delete this function, call by call, free of charge, and by a simple means.
3.2.4. The operator notifies subscribers when it provides an identification service for the calling line or the connected line. It shall also inform them of the possibilities provided for in the following two paragraphs.
In the case where the identification of the calling line is offered, the operator allows any subscriber to prevent by a simple and free means the identification of the The appellant line is sent to its position. In the case where the identification of the connected line is offered, the operator allows any subscriber to prevent by a simple and free means the identification of the connected line with the caller.
In the case where the identification Of the calling line is offered and is indicated prior to the establishment of the call, the operator allows any subscriber to refuse, by a simple means, incoming calls originating from an unidentified line. The operator may, for justified technical reasons, request the Telecommunications Regulatory Authority to have a time limit for implementing this function.
3.2.5. The operator allows the subscriber to which calls are transferred to suspend or stop the call transfer free of charge and by a simple way.
3.2.6. The operator shall inform any customer, prior to the subscription of the contract, of the rights available to him pursuant to the 2.1 clause of this clause.
When the operator relies on services marketing companies, he shall ensure, in the Contractual relations with them, in accordance with its obligations concerning the conditions of confidentiality and neutrality with regard to the messages transmitted and the information relating to communications.
3.3. Communications Security
The operator takes all necessary steps to ensure the security of communications through its network. It shall comply with the technical safety requirements, if any, laid down by the Telecommunications Regulatory Authority under Article L. 36-6. Within this framework and in confidence, the Telecommunications Regulatory Authority may communicate the arrangements made for securing the network.
The operator shall inform its customers of the existing services where appropriate To increase the security of communications.
When there is a particular risk of a breach of network security, the operator informs subscribers of this risk, as well as any possible means of remedoing it and the cost involved.
Chapter IV
Network and Service Standards and Specifications
The hardware, software, and installations that make up the network, except those for the interconnect interface for Which apply the provisions of Chapter X and equipment using frequencies for which the provisions of Chapter VIII apply are freely established by the operator.
The operator prefers the use of the In force, including European standards. It shall communicate to the Telecommunications Regulatory Authority, at its request, the standards to which the equipment it uses shall meet.
The operator shall communicate to the Telecommunications Regulatory Authority, prior to their implementation and The terms and conditions that it defines, the detailed technical specifications for the network access interface.
These specifications cover all interfaces generally provided, including:
a) For analog networks or Numeric:
-the one-line interface;
-the multiline interface;
-the direct selection interface upon arrival of an additional node (SDA);
b) For service integration digital networks (ISDN):
-the interface Base or primary at the S/T reference point, including the signaling protocol;
-the characteristics of the media services suitable for voice telephony services. These specifications shall be made available to the persons making the request, as defined by the Telecommunications Regulatory Authority.
The operator shall report to the Telecommunications Regulatory Authority, without delay The characteristics of its network that affect the efficient operation of the terminal equipment.
The physical interface to the S/T reference point, optionally provided by the operator, conforms to the specifications published in application Article 5 of Directive 90 /387/EEC of 28 June 1990 on the establishment of the internal market in telecommunications services by the implementation of the supply of an open telecommunications network.
Chapter V
Protecting the
environment and sharing
5.1 infrastructure. Health Protection
The operator respects the limit values that are not to be exceeded by the electromagnetic fields emitted by equipment used in telecommunications networks when the public is exposed to it, Pursuant to Decree No. 2002-775 of 3 May 2002, taken pursuant to 12 ° of Article L. 32 of the Code of Postal and Telecommunications.
5.2.
Environment Compliance and Facility Sharing
The operator tries to share the radio sites with other users of these sites.
5.3. Infrastructure in the public domain
Where the operator leases naked fibres on the public domain, the agreement defining the technical and financial conditions for such rental shall be communicated to the public at the request of the operator The Telecommunications Regulatory Authority.
Chapter VI
Requirements for
and Public Safety
In accordance with the directions of the Minister responsible for Telecommunications, responsible for the defence of the general operation of transmissions in accordance with Decree No. 93-1036 of 2 September 1993 on the organisation of telecommunications in the field of defence, the operator takes the measures Relevant, in particular in anticipation of the circumstances referred to in Articles 2 and 6 of Order No. 59-147 of 7 January 1959 concerning the general organisation of defence and in decrees No. 65-28 of 13 January 1965 on the organisation of the Civil defence and No 83-321 of 20 April 1983 on the power of the prefects in matters of non-military defence to:
-ensure the regular operation of its installations;
-protect its installations, by appropriate measures, against Attacks of any kind;
-ensuring the earliest possible implementation of technical and human resources to mitigate the most serious consequences of failures, neutralization or destruction of Installations;
-be able to meet the national defence and public security needs, including the implementation of the means requested by the territorial representatives of the state, as part of the contingency plans ;
-be able, in times of crisis or in case of imperative necessity, to establish routes specially studied or reserved for defence or public safety, in accordance with the technical and financial arrangements laid down by convention With the services of the State concerned.
The operator shall respect the order of priorities and the general conditions for the re-establishment of links relating more specifically to the services of the State and bodies responsible for a mission of public interest Or contributing to the defence and public security missions, which are the subject of a joint decision by the Ministers responsible for telecommunications, the internal affairs and the defence
operator shall set up and ensure the implementation of the means necessary for the application of Law No. 91-646 of 10 July 1991 by the Authorities empowered under the said Act. In this context, the operator designates qualified agents under the conditions described in Decree No. 93-119 of 28 January 1993 concerning the designation of qualified agents for the implementation of the physical operations necessary for the establishment Interception of correspondence issued by means of telecommunications authorised by Law No. 91-646 of 10 July 1991.
All the specific provisions adopted by the operator at the request of the State under the paragraphs In this clause are the subject of an agreement with the State which guarantees the fair remuneration of the operator for the studies, engineering, design, deployment and operation of the requested systems.
The operator takes the necessary steps to route emergency calls free of charge from public access points, subscription points and points of interconnection and to the public services loaded:
-from the backup Human lives;
-police interventions;
-fire fighting;
-from the social emergency,
to the competent center corresponding to the caller's location, based on the information and lists sent by State representatives in the departments. It does not receive any financial compensation from the State in this respect. The operator refrains from listing the numbers called as such.
Chapter VII
Operator's contribution to
search and telecommunications training
The operator must justify that it has contributed to the research and development and training missions in the field of telecommunications at a minimum annual amount of 5 % of the non-tax amount of its investments Infrastructure, equipment and telecommunications software for the activity of the previous year covered by the authorisation.
The operator satisfies this obligation by means of contributions in kind or by financial contributions to Research and development and training activities promoting the development of telecommunications in the European Community, including a share devoted to cooperative or pre-competitive research.
The operator is free of distribution Of these sums, of which he reports a posteriori. To this end, it presents to the Telecommunications Regulatory Authority and to the Minister responsible for telecommunications a summary specifying its promotions and grants and its work, studies, research, development and training In the field of telecommunications, in particular its actions with research organisations.
The Telecommunications Regulatory Authority may, at the request of the operator submitting a multi-annual plan, authorise the implementation of expenditure Corresponding over several years to ensure a more regular contribution over the entire duration of the authorization.
Chapter VIII
Use of
frequencies and royalties due to this title
The provisions of this chapter apply to the operator when authorized under Article L. 33-1 of the Postal Code and Telecommunications. They shall apply to the frequencies used, if any, by the operator outside the 2.4 GHz band.
The operator is authorized to use radio frequencies for the establishment and operation of its network subject to Provisions of Section L. 33-1 of the Postal Code and Telecommunications.
8.1. Allocation of frequencies
The decision to allocate frequencies by the Telecommunications Regulatory Authority, notified to the operator, shall specify the frequencies made available and, where appropriate, their Conditions of use.
8.2. Terms of use
In the framework defined by the Telecommunications Regulatory Authority, the operator may direct to the National Frequency Agency its requests for the assignment of frequencies in application Section R. 52-2-1 of the Postal Code and Telecommunications. In the channels allocated to it, the operator shall request the agreement of the National Frequencies Agency prior to the establishment of radio stations, where this agreement is required, pursuant to Article R. 52-2-1 of the Code. Positions and telecommunications. The operator shall forward the request directly to the National Frequency Agency and shall inform the Telecommunications Regulatory Authority.
At least once a year, the operator shall communicate a plan to the Telecommunications Regulatory Authority The use of the frequency bands assigned to it. This plan describes the current and future uses of these frequency bands, as well as proposed applications whose implementation involves the prior allocation of additional frequencies.
8.3. Usage,
management, and radio frequency control charges
The licensed operator pays fees for the use, management and control of radio frequencies Under the conditions laid down in the decree of 3 February 1993, as amended, in the light of the decisions concerning the allocation of frequencies by the Telecommunications Regulatory Authority to the operator.
Chapter IX
Supply of Information necessary for the constitution
and the keeping of the list provided for in Article L. 35-4
The operator must provide all his assistance in the context of ongoing relations with the entity created by Article L. 35-4 for the Proper performance of the tasks of the entity and in particular ensure the transmission of its subscriber list and the quality control of the data transmitted.
Transmission is carried out in accordance with the procedures and the periodicity Established by the entity in respect of formats, standard communication protocols and other technical arrangements, within the framework defined by Article L. 35-4 and the texts taken for its application
Mandatory, including when the operator wishes to maintain a universal directory or universal information service.
The communication relates to the data necessary to identify a particular subscriber and to prevent confusion between Different subscribers. It shall contain at least the following data: name and/or name, first name, address and telephone contact details.
Additional data collected from the subscriber on his application for listing in directories shall be Transmitted under the same conditions: in particular the names of the other users, subject to their agreement, or the profession of the subscriber.
The operator shall communicate to the entity, together with the information necessary for the Maintenance of the list referred to in Article L. 35-4, the elements enabling retrieval:
1 ° Subscribers who oppose:
-to the mention of personal information about them in a directory and to their communication to a service of Information (red list);
-registration of the complete address of their domicile or the indication of their sex on a directory, or the communication of this information to an information service;
2 ° Subscribers who prohibit The use of personal information about them in commercial transactions, the gathering of those subscribers who make up the orange list.
When the operator contracts with marketing companies Services, it must, in its contractual relations with these companies, ensure compliance with its undertakings with regard to the transmission by the latter of their list of subscribers under the same conditions.
Chapter X
Interconnection:
10.1 rights and obligations. General provisions
Interswitching agreements entered into by the operator shall be communicated to the Telecommunications Regulatory Authority at its request.
Prior to the effective implementation of the interconnection, the Interfaces shall be tested and carried out jointly by the two operators concerned. These tests are carried out on site if one of the parties so requests. In the event that the interswitching tests are not conducted under normal technical and time-frame conditions, either party may refer the interswitching tests to the Telecommunications Regulatory Authority.
Interconnect interfaces must Comply with the technical specifications adopted and published by the Telecommunications Regulatory Authority, pursuant to Article D. 99-8 of the Postal Code and telecommunications, with a view to ensuring compliance with the essential requirements
On request of the operator, data transmission network identification codes (DNIC) or semaphore point codes may be assigned to it by the Telecommunications Regulatory Authority, in Transparent and non-discriminatory conditions.
10.2. Provisions specific to operators on the
lists established pursuant to a and b of the 7 ° of Article L. 36-7
In the event that the operator appears on the lists established pursuant to the a and b From the 7 ° of Article L. 36-7 of the Postal Code and Telecommunications, the specification will be amended in order to incorporate the corresponding obligations and, in particular, to specify the conditions for the publication of its technical and tariff offer Interconnection.
10.3. Compliance with essential requirements
The operator takes all of the measures, which it specifies in its interconnect agreements, necessary to ensure compliance with the essential requirements, and in particular:
-la Network operation security;
-maintaining network integrity;
-interoperability of services, including to ensure end-to-end service quality;
-data protection, to the extent necessary for Ensure compliance with the relevant data protection provisions, including the protection of personal data, the protection of privacy and the confidentiality of the information processed, transmitted or
The operator identifies the steps taken to ensure that access to networks and telecommunications services is maintained in cases of network failure or force majeure situations.
When an interconnect with a Third parties seriously damage the operation of the operator's network or compliance with the essential requirements, the operator, after technical verification of its network, shall inform the Telecommunications Regulatory Authority. The latter may then, if necessary, authorise the suspension of the interconnection. It shall inform the parties and determine the conditions for its recovery.
Where the operator has entered into an agreement for interconnection with another operator, it shall be obliged to inform the parties at least equal to one year, unless otherwise agreed Or if the Telecommunications Regulatory Authority decides otherwise, changes to its network that require the interconnected operator to modify or adapt its own facilities.
Chapter XI
Requirements for
to ensure fair competition
The operator shall make available to the Telecommunications Regulatory Authority the necessary information or documents enabling the latter To ensure, at its request, that fair competition is respected in the market or in the markets covered by this authorisation.
This chapter may be revised to take account of the evolution of the situation of the operator in the eye The conditions for the exercise of competition in the market or the markets covered by this authorisation. If requested by the operator, these amendments may include a provision specifying a time limit at which they will apply.
Chapter XII
Requirements to ensure Equal treatment of international operators in accordance with Articles III and IV of Article L. 33-1
The operator shall be required to respond, under the conditions laid down in Article L. 34-8, to requests for interconnection from Authorised operators in countries offering equal treatment.
Equivalence of treatment is translated into a country by the existence of market access and interconnection rights equivalent to those recognised by the French regulations. Equivalency of treatment shall be ensured in full law for countries belonging to the European Economic Area and, for other countries, shall be appreciated by the Minister responsible for telecommunications on the proposal of the Regulatory Authority Telecommunications, based in particular on international agreements in force.
For the carriage of international traffic originating in or destined for a country where the equivalence of processing is not ensured, the operator shall take all Provision to ensure that there is no discrimination between it and its competitors, in particular in the determination of the rates of return of traffic and of the allocation taxes applied by operators in that country. It shall inform the Telecommunications Regulatory Authority of any measures taken to that effect and any difficulties encountered in the search for this objective.
When:
-the operator routes telephone traffic Or to countries where equal treatment is not provided, either directly or through a country outside the European Economic Area,
-and the Regulatory Authority of Telecommunications finds, for the telephone traffic between France and that country, that the equality of conditions of competition cannot be preserved for the benefit of other authorised operators,
the operator may be required, at the request of the Authority Regulation of telecommunications, to offer authorised operators, pursuant to Articles L. 33-1 and L. 34-1, access to the transmission and switching infrastructures used for the carriage of the traffic concerned, under conditions To restore equal conditions of competition. The provisions of Articles L. 34-8 and L. 36-8 shall apply to requests made by other operators and to agreements concluded within this framework.
The application of this clause shall be carried out in accordance with international commitments Subscribed by France.
Chapter XIII
Requirements for
to ensure interoperability of services
The operator complies in particular with the technical requirements of The Telecommunications Regulatory Authority under the conditions laid down in Article L. 36-6 (3) of the Code of Posts and Telecommunications and applicable to the network and services provided on this network with a view to ensuring their interoperability. The operator also complies with the interconnection conditions defined in Chapter XII, which ensure the interoperability of services.
Chapter XIV
Obligations to control
loads by The Telecommunications Regulatory Authority
The operator must provide the Telecommunications Regulatory Authority with encrypted elements relating to the operation of its network in the financial, commercial and commercial fields And techniques. In particular, it undertakes to communicate to the Telecommunications Regulatory Authority the following information:
Without delay:
-any change in the capital and voting rights of the authorised operator and, in the case of companies Listed on the stock exchange, any threshold crossing declarations or changes to the members of the board of directors;
At least one month before implementation:
-change one of the elements contained in the application for authorization ;
-description of all services offered;
Before implementation:
-rates and terms and conditions of the offer;
A periodicity that will be defined by decision of the Telecommunications Regulatory Authority :
-traffic and revenue data;
-information on the qualitative and quantitative use of resources allocated by the Telecommunications Regulatory Authority, including frequencies and numbers;
-the information necessary for the calculation of contributions to the financing of the universal service;
-the data relating to the quality of service, in particular with regard to the relevant indicators enabling it to be assessed, and to the conventions Traffic routing signed with a French or foreign operator;
At the request of the Telecommunications Regulatory Authority:
-all interconnection agreements;
-special access agreements to the Network.
When the operator contracts with a service-marketing company, it must ensure, in its contractual relations with these companies, that its undertakings are fulfilled with regard to the information to be transmitted to The Telecommunications Regulatory Authority.
At the request of the Telecom Regulatory Authority for the purpose of exercising one of its competences, the operator shall provide other necessary information which shall be processed in Respect for business confidentiality, including:
-contracts between the operator and distributors, resellers, or marketing companies;
-all non-road public domain occupancy agreements;
-the Infrastructure sharing agreements;
-contracts with customers;
-any information necessary to instruct the Telecommunications Regulatory Authority to resolve disputes between Operators in accordance with the provisions of Article L. 36-9;
-contracts with operators of third countries;
-any information necessary to verify compliance with the equality of conditions of competition, and in particular conventions Contracts concluded between the subsidiaries of the operator, the companies belonging to the same group or the industries of the operator distinct from those covered by this authorisation.
The Telecommunications Regulatory Authority May exercise control over compliance with the conditions of the authorization. This control shall be carried out in accordance with the conditions laid down by the Postal Code and Telecommunications, and in particular Articles L. 32-4 and L. 36-13.
Chapter XV
Fees for issuing, managing
and controlling Authorization
The amounts and terms of taxes due to the issuance, management, and control of the authorization are specified by the financial laws.
In an experimental network, the law Exempts the operator from paying the fees due to the issuance, management and control of the authorization.
Chapter XVI
Processing Equality and
Users Information 16.1. Equal treatment
The service provided under this authorization as described in the operator's commercial offer is open to all those who apply for it in accordance with the terms and conditions of the The offer of the operator, subject to maintaining the quality of service as defined in Chapter II of this specification. To this end, the operator shall organise its network and service in such a way as to be able to satisfy, within suitable time limits, any reasonable demand for its commercial offer. Customers should be treated in a non-discriminatory manner.
16.2. User Information
The operator informs the public about:
-the terms and conditions of the service provided under this authority that specify the terms and conditions of the service. Renewal of contracts and, where applicable, any minimum contractual duration, including those relating to quality of service;
-the rates of its offers, including tariff reduction formulas.
It makes available Such information, kept up-to-date, in its outlets and by telephone or electronic means available free of charge in real time.
The operator shall forward this information to the Telecommunications Regulatory Authority before Bring to public knowledge.
16.3. Mode of marketing of the services offered
If the operator wishes to contract with service marketing companies, he must ensure, in the contractual relations with these companies, the Compliance with their obligations under the obligations of the operator provided for in this specification.
These companies may offer subscription contracts to the service of the operator, the latter retaining the responsibility of the operator. Providing the service to these subscribers.
Done at Paris, February 27, 2003.
Nicole Fontaine
