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Decree Of 29 March 2007 On The Appointment Of The Operator Responsible For Providing The Universal Service Fund Under 2 ° Of Article L. 35 - 1 Of The Code Of Posts And The Electronic Communications (Universal Directory And Universal Service D...

Original Language Title: Arrêté du 29 mars 2007 portant désignation de l'opérateur chargé de fournir la composante du service universel prévue au 2° de l'article L. 35-1 du code des postes et des communications électroniques (annuaire universel et service universel d...

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JORF n ° 87 of 13 April 2007 page 6770
text n ° 18




Order of 29 March 2007 designating the operator responsible for providing the universal service component provided for in 2 ° of Article L. 35-1 of the Postal code and electronic communications (universal directory and universal information service)

NOR: INDI0700615A ELI: Https://www.legifrance.gouv.fr/eli/arrete/2007/3/29/INDI0700615A/jo/texte


Industry Minister,
In view of Directive 2002 /22/EC of the European Parliament and the Council of 7 March 2002 on universal service and users' rights with regard to electronic communications networks and services (Directive ' Universal service ") ;
In view of the postal code and electronic communications, in particular Articles L. 34, L. 35 to L. 35-8, L. 36-7, R. 10-7, R. 10-8 and R. 20-30 to R. 20-44;
In view of the code of consumption, in particular Articles L. 121-83, L. 121-84 and L. 121-85;
Given the application file filed on 12 February 2007 by France Télécom;
In view of the opinion of the Senior Public Service and Electronic Communications Commission dated 14 March 2005,
Stop:

Item 1
France Télécom is designated, for a period of two years, to provide, under the conditions laid down in the attached specifications, the component of the universal service provided for in Article L. 35-1 of the Electronic mail and communications code.

Item 2 Read more about this Article ...


This Order will be published in the Official Journal of the French Republic.

Appendix


A N N E X E


COMPANY OF CHARGES FOR FRANCE TELCOM CHARGED TO PROVIDE UNIVERSAL SERVICE COMPONENT IN THE 2 ° OF SECTION L. 35-1 OF THE ELECTRONIC POSITION AND COMMUNICATIONS CODE


Preamble


In this specification, the words: " The operator " Refer to France Télécom, designated by the Minister responsible for electronic communications, to provide the component of the universal service provided for in Article L. 35-1 of the postal code and electronic communications.


Article 1
General supply conditions


The operator provides the entire territory of the metropolis, overseas departments, Mayotte and Saint-Pierre-et-Miquelon the component of the Universal service provided for in Article L. 35-1 of the postal code and electronic communications.
It shall ensure, on an ongoing basis, the availability of such services for all users throughout the geographical field mentioned above in the Respect for the principles of equality, continuity and adaptability.
The operator may, after the agreement of the Minister responsible for electronic communications, entrust the supply or marketing of part of the benefits provided to one or more Several companies. It concludes with its conventions which guarantee the maintenance of the obligations laid down in the postal code and electronic communications and by this specification. The operator remains solely responsible for the execution of these obligations.


Article 2
Universal Directory and Universal Information Service


The operator publishes a worldwide directory of subscribers to the Telephone service to the public, fixed and mobile, in printed and electronic form, and provides a universal service of information under the conditions laid down in Articles L. 35-4, R. 10-7 and R. 10-8 of the Code of Posts and Communications
The universal directory in printed form published by the operator is published every year on a date that is known to the public. The universal directory in electronic form allows the public immediate access, at an affordable rate, to the information it contains and which are regularly updated. The operator shall make available to the public free of charge a copy of the departmental volumes of the universal directory of the department in which the subscription has been subscribed or when it is a subscription to the public. The mobile telephone of the department where the billing address is located, including when the person concerned has made use of the rights provided for in Article R. 10 of the Code of Posts and Electronic Communications. Where more than one subscriber has the same residence or where the same person has several subscriptions corresponding to the same address, a single free copy shall be made available. The operator proposes to sell the universal directory at an affordable rate.
This directory contains information on the right of every person not to be mentioned on the lists of subscribers or published users, to oppose, to Allowing a reasonable identification of the user in relation to his homonyms, to the entry of the complete address of his domicile on those lists, to prohibit the use of personal data relating to him or her in Direct prospecting operations either by post or by electronic means, as well as to obtain the communication of such personal data and require them to be rectified, supplemented, clarified, Day or erased.
The operator makes available to the public at an affordable rate a universal telephone enquiry service of telephone subscribers to the fixed or mobile public. This information service is based on the lists of subscribers or users established and updated in accordance with Article L. 34 of the Postal Code and electronic communications.


Article 3
Measures in Favour of disabled users


The directory and information service in this specification takes into account the needs of persons with disabilities. The operator provides in particular to subscribers who are unable to view the universal directory because of their visual impairment free access to the universal information service.


Article 4
Relations With users


The operator keeps users informed of its offer of rates under the conditions of the postal code and electronic communications and by the code of consumption by any means Appropriate. It implements the provisions of the opinion of the National Consumer Council adopted on 15 March 2006 concerning the handling of disputes in electronic communications.


Article 5
Quality of service


The quality of service for the information service is measured by the response time for standardized services. The standard response time is the percentage of calls to information services for which a switchboard responds in less than 20 seconds after the call to the information centre. This percentage of calls must be at least 75 %.
The operator performs measurements of the service quality indicator defined in the preceding paragraph. It shall communicate the results of these measures to the Minister responsible for electronic communications on an annual basis in the context of the report provided for in Article 9 of this specification and the Electronic Communications and Regulatory Authority
The definitions, measurement methods, and results are made available to the public by the operator by any appropriate means.


Article 6
Terms and conditions of rates


Rates of the universal service component of this specification shall be subject to the conditions laid down in Article L. 35-2 of the Postal Code and electronic
. Pursuant to Article L. 35-2, the operator shall communicate changes in the rates of the universal service to the Minister responsible for electronic communications and to the Communications Regulatory Authority Electronic and postal services, at least one month prior to implementation.


Article 7
Accounting and financing provisions


In accordance with Article R. 20-32 of the Code of Postal and Communications Electronic, the operator shall maintain an information system and an accounting of services and activities which must enable, in particular, to assess the net cost of the obligation to provide the universal service component of this workbook Charges and verifying compliance with the principle of price orientation towards costs.
The relevant parts of the information system and the accounting data are made available to the Communications Regulatory Authority Electronic and postal services at the request of the latter. They shall be audited periodically, at the cost of the operator, by an independent body designated by the Regulatory Authority for Electronic Communications and Posts, so as to allow for an annual update of the data and data Necessary for the application of Section 2 of Chapter III of Title I of Book II of the Code of Posts and Electronic Communications. Auditors must be independent of the operator and its auditors. The conclusions of the audit shall be made public by the Electronic Communications and Postal Regulatory Authority.
The obligation to provide the component of the universal service covered by this specification is not the subject of a Compensation by the universal service fund.


Article 8
Duration of designation


Without prejudice to Article L. 35-8 of the postal code and electronic communications, the operator is Designated to provide the universal service component of this specification for a period of two years.


Article 9
Administration Relations


The operator transmits each year The Minister responsible for electronic communications and the Electronic Communications Regulatory Authority and posts a report on the implementation of the obligations laid down in this specification. This report shall include a review of the implementation of Articles 2 and 3 and the results of the measures of the quality of service indicator referred to in Article 5.


Done at Paris, 29 March 2007.


François Loos


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