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Decree Of 19 April 2002 Allowing The Company Its Multimedia Sa To Establish And Operate A Telecommunications Network Open To The Public By Satellite

Original Language Title: Arrêté du 19 avril 2002 autorisant la société SES Multimedia SA à établir et exploiter un réseau de télécommunications ouvert au public par satellite

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JORF No. 103 of May 3, 2002 page 8101
text #33




Order of 19 April 2002 authorizing SES Multimedia SA to establish and operate a telecommunications network open to the public by Satellite

NOR: INDI0220130A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/4/19/INDI0220130A/jo/texte


The Minister Delegate to Industry, Small and Medium-sized Enterprises, Commerce, Handicrafts and Consumption,
In view of the International Telecommunication Union Convention, the Regulations International telecommunications and the regulation of radiocommunications;
Given the postal code and telecommunications, and in particular Article L. 33-1;
Given the code of consumption;
Given Act No. 78-23 of 10 January 1978, as amended On the protection and information of consumers of goods and services;
In view of the financial law for 1987 (No 86-1317 of 30 December 1986);
As amended by Act No. 90-1170 of 29 December 1990 on the regulation of the Telecommunications, and in particular Article 28;
In view of Law No. 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 organization Of the defence and its implementing texts;
In light of 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 the charging of Radio frequencies and the 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 clauses Types of specifications associated with authorisations granted pursuant to Articles L. 33-1 and L. 34-1;
In accordance with 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 in 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 service Application of Article L. 35-3 of the Postal Code and Telecommunications;
In view of the application dated 8 January 2002, on behalf of the company SES Multimedia SA, registered in the register of trade and companies of the Court of Luxembourg under number B 576 24 and sise Château de Betzdorf, in Betzdorf (L-6815) in Luxembourg, completed by letters dated 1 and 18 February 2002;
In view of Decision No. 2002-230 of the Telecommunications Regulatory Authority As of 14 March 2002 concerning the appraisal of the application for authorisation by SES Multimedia SA,
Stop:

Article 1


SES Multimedia SA is authorised to establish and operate a telecommunications network which is open to the public by satellite over all of the metropolitan territory under the conditions laid down in the Charges annexed to this Order.

Article 2


This authorisation shall be issued for a period of fifteen years from the date of Publication of this Order. The conditions for its renewal are set out in Article L. 33-1 of the Postal Code and Telecommunications.

Article 3


In order to Allow the transmission of information relating to the dispatch of emergency calls provided for in Chapter VI of the terms of reference annexed to this Order, the holder of the authorisation shall communicate, before the opening of the service in a department, Its contact details to the prefect of this department. This will be the same for each change to these coordinates.

Item 4


This authorization is related to the person of his or her Holder and cannot be assigned to a third party.

Article 5


Changes in the capital of the holder of the authorisation shall be communicated to The Telecommunications Regulatory Authority to verify their compatibility with the conditions of the authorisation.

Article 6


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

Appendix


A N N E X E


EXPENSES ON THE ESTABLISHMENT AND OPERATION OF A TELECOMMUNICATIONS NETWORK OPEN TO THE PUBLIC
SA Holder: SES Multimedia SA.


Definitions


In this specification, terms are used which are understood as follows:


The operator


This is the owner 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 this specification is attached.


The Space Sector


These are the capabilities The space leased or established by the operator for the routing of its links.


Earth stations


These are the ground-based stations to provide a radio link with the Satellite.


Hertzian beams


These are fixed-point earth communication links.


ETSI


This is the Institute European Telecommunications Standards Institute.


ITU


This is the International Telecommunication Union.


Technical Specification


This is a document that describes the required technical characteristics of a product or service for the product to be used.


Standards


These are the technical specifications approved by a recognized organization with a normative activity, for repeated or continuous application.


Interconnect conventions


Interconnection agreements specify the technical and financial arrangements for the whole relationship between the operator and the other network operators open to the public or the telephone service providers to the public entering the framework Defined in Chapter XII of this specification.


Chapter I
Nature, characteristics, coverage area
and network deployment schedule and
1.1 services. Description, coverage area
and network deployment schedule


The network of the operator can be established in the regions mentioned in item 1 of the order to which this specification is attached.
The network of the operators shall consist of satellite links.
Where appropriate, the detailed description of the network infrastructure (location of the transmitting and/or receiving earth stations, list and technical characteristics of the Stations as well as their operating conditions, characteristics of the space sector) shall be communicated to the Telecommunications Regulatory Authority.
In addition, the operator may supplement its network with leased links to others Authorised operators.
The operation of satellite links on frequencies allocated under Chapter VIII of this specification is subject to an operating agreement by the space sector operator. A copy of each agreement will be notified three months after it is put into service by the Telecommunications Regulatory Authority.


1.2. Services


The operator may provide on its network all telecommunications services other than telephone service to the public, pursuant to Article L. 34-2 of the Postal Code and Telecommunications.


1.3. International Undertaking


The operator complies with the rules defined by the ITU Convention, by the International Telecommunications Regulations, by the Radio Regulations, by international agreements and By the regulation of the European Community. It keeps the Minister responsible for telecommunications informed of the steps it takes in this area.


Chapter II
Terms of permanence, quality,
availability, and
2.1 access modes. Conditions for network and service permanence


The operator must take the necessary steps to ensure the continued operation of the network and to remedy the effects of the network. Failure of the system degrading the quality of the service for all or part of the customers in the shortest possible time.
The operator implements the necessary safeguards and redundancies to ensure quality and availability of Satisfactory service.


2.2. Availability and quality of the network and services


The operator shall implement the necessary equipment and procedures so that the quality of service objectives remain at the level provided for by the standards in force, in In the ITU and the ETSI, in particular with regard to availability rates and end-to-end error rates.
When the operator is on one of the lists provided for in 7 ° of Article L. 36-7, 18 months after he has Started to establish or operate its network or to provide telephone service to the public, it measures the values of the quality of service indicators in accordance with Annex III to Directive 98 /10/EC of the European Parliament and of the Council of 26 February 1998 concerning the application of the supply of an open network (ONP) to voice telephony and the establishment of a universal telecommunications service in a competitive environment.
The operator shall communicate the results of these measures to The Telecommunications Regulatory Authority when requested.
The Telecommunications Regulatory Authority may request the operator to make this information public in an appropriate form.


2.3. Network access modes


Client access to the network of the operator will be by direct connection of its terminal equipment to the operator's network or via another local loop operator.
The operator publishes the Specifications for the interfaces of its network under the conditions laid down in Decision 2000-329 of the Telecommunications Regulatory Authority of 5 April 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.
The operator cannot object to the connection, to Its network, a compliant equipment.
complies with all equipment that has undergone a conformity assessment and complies with the essential requirements, specifications, markings and is accompanied by the information provided by Article L. 34-9 of the Postal Code and Telecommunications and by the texts taken for its application.
When a compliant equipment connected to a network open to the public causes serious damage to a network or disturbances Or an attack on the network or its operation, the operator shall, without delay, carry out all necessary technical checks and shall communicate the results to the Telecommunications Regulatory
. 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 terminate the Disruption within a specified time frame. 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 Disturbances.
Where non-compliant equipment is connected to the operator's network, the Telecommunications Regulatory Authority may, without prejudice to possible criminal proceedings, request the operator to suspend the supply of the Service to the user of the affected equipment.


Chapter III


Conditions of privacy and neutrality for transmitted messages and communication-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 can only be infringed by the public authority, in the cases and conditions laid down by law
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


The operator takes steps to ensure the protection, integrity and confidentiality of the identity information it owns and processes.
In particular, The operator guarantees the right for every person:
-not to be mentioned on the lists of subscribers or published users. The operator shall ensure that this option is free of charge or, failing that, makes his or her exercise subject to payment of a reasonable and non-dissuasive sum;
-to oppose the registration on these lists of the full address of his or her home in the Extent to which the data available make it possible to distinguish this subscriber from his or her homonyms and, where appropriate, a reference to his or her sex;
-to oppose the use of the operator's billing data free of charge For commercial prospecting purposes;
-to prohibit, free of charge, identifying information from subscriber lists for use in commercial operations by mail, or by telecommunication, to The exception of transactions relating to the authorised activity relating to the contractual relationship between the operator and the subscriber;
-as well as being able to obtain free access to the identifying information and to require They are rectified, completed, clarified, updated or deleted.
The operator is required to exploit the personal data in accordance with the stated purposes. The operator may legitimately use, retain and, where appropriate, transmit to third parties the data collected as part of its activity for the purposes of the transmission of communications, invoicing and payment of services
The operator allows all of its customers to object free of charge, call by call or permanently, to the identification of their number or name by the position called. This function should also be proposed for communications made from public telephone booths. In addition, the operator shall implement a special scheme for the removal of this function for the reasons relating to the operation of the emergency services or the tranquillity of the call, in accordance with the regulations in force
Must include terms and conditions that allow, at the request of the subscriber to which the calls are transferred, to interrupt the call transfer.
When the operator relies on service marketing companies, the operator must ensure that Contractual relations with these companies, in accordance with its obligations concerning the conditions of confidentiality and neutrality with regard to the messages transmitted and the information related 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 can communicate the arrangements made to secure the network.
The operator informs its customers of the existing services allowing, the case


Chapter IV
Network and Service Standards and Specifications


Network hardware, software and installations, except Those relating to the interconnecting interface for which the provisions of Chapter XII and equipment using frequencies for which the provisions of Chapter VIII apply, shall be freely established by The operator.
The operator prefers the use of current standards, including European standards.
The operator shall communicate to the Telecommunications Regulatory Authority, prior to their implementation and in accordance with the terms and conditions Defines, the detailed technical specifications for the network access interface.
These specifications cover all interfaces generally provided, including:
a) For analog or digital networks:
- Uniline interface;
-the multiline interface;
-the direct selection interface upon arrival of an additional entry (SDA).
b) For service integration digital networks (ISDN):
-the primary or primary interface to the S/T reference point, including the signalling 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 is in accordance with the specifications published in application of the 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 infrastructures. Health Protection


The operator respects the limit values, which are not to exceed the electromagnetic fields emitted by equipment used in telecommunications networks when the public is exposed to it, As defined by the decree of 12 ° of Article L. 32 of the Code of Postal and Telecommunications.


5.2. Environmental Compliance and Facility Sharing


The operator strives to share 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 Public Security and Defence


In accordance with the direction 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 shall take the necessary measures, in particular by 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 civil defence and n ° 83-321 of 20 April 1983 on the power of prefects in matters of non-military defence, for:
-ensuring the regular operation of its installations;
-protecting its installations, by means of appropriate measures, against attacks on Whatever nature they are;
-ensuring the earliest possible implementation of technical and human resources to mitigate the most serious consequences of malfunctions, neutralization or destruction of facilities ;
-be able to respond to 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 in place Measure, in times of crisis or in case of imperative need, to establish links specially studied or reserved for defence or public safety, in accordance with the technical and financial arrangements laid down by way of agreement with the services The
shall respect the order of the priorities and the general conditions for the reinstatement of links, in particular concerning the services of the State and bodies responsible for a mission of public interest or contributing Defence and public security missions, which are the subject of a joint decision by the Ministers responsible for telecommunications, internal affairs and defence.
The operator shall comply with the decisions or instructions of the judicial authorities, The
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 Under 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
. Takes the necessary measures to route emergency calls free of charge from public access points, subscription points and points of interconnection and to the responsible public services:
-saving lives Human;
-police interventions;
-fire fighting;
-from the social emergency,
to the competent center corresponding to the caller's location, based on the information and lists provided by the 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 for this title on the invoices.


Chapter VII
The operator's contribution to
telecommunications search and 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 France, including a share devoted to cooperative or pre-competitive research.
The operator is free to distribute these sums, including It 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 duration of the authorization


Chapter VIII
Use of frequencies and royalties due to this title


The operator is authorized to use radio frequencies for the establishment and operation of its network subject to the provisions of Article 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 frequency assignments, in Application of item 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 control charges for radio frequencies


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 on the allocation of frequencies by the Telecommunications Regulatory Authority to the operator.


Chapter IX
Numbering
9.1. Numbering Resource Allocation Modalities


The operator uses the numbering resources assigned to it under the conditions defined by the Telecommunications Regulatory Authority. The allocation of numbering resources to the operator and any change in this allocation shall be the subject of a decision of the Telecommunications Regulatory Authority which it makes public.


9.2. Royalties


The operator shall pay the charges due for the numbering resources allocated under the conditions laid down in the existing texts, in particular Article L. 34-10 of the Postal Code and Telecommunications and the decree of 27 December 1996 on charges payable for the management of the national numbering plan and control of its use.


Chapter X
Universal service and services Required
(For memory)
Chapter XI
Provision of information necessary for the
Constitution and the keeping of the list provided for in Article L. 35-4


The operator must provide all of its assistance within the framework of Continuous relations with the entity established by Article L. 35-4 for the proper performance of the tasks incumbent on the entity and shall in particular ensure the transmission of its list of subscribers and the quality control of the data transmitted
Transmission shall be carried out in accordance with the procedures and periodicity determined by the entity in relation to formats, uniform communication protocols and other technical arrangements within the framework laid down in Article L. 35-4 and the texts adopted for its Application.
Transmission is in all cases mandatory, including when the operator wishes to maintain a universal directory or universal information service.
The communication focuses on the data needed to identify a Specific subscriber and 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 allowing retrieval:
1 ° Subscribers who oppose:
-to the mention of personal information about them in a directory and to their communication to an information service (red list);
-the registration of the complete address of their home or the indication of their sex in a directory, or the communication of such information to an information service.
2 ° Subscribers who prohibit the use of Nominative information relating to them in commercial operations, the gathering of these subscribers constituting the orange list.
When the operator relies contractually with service marketing companies, he must ensure, In its contractual relations with these companies, in respect of its undertakings with regard to the transmission by the latter of their list of subscribers under the same conditions.


Chapter XII
Interconnection: rights and Obligations
12.1. General provisions


Interswitching agreements concluded by the operator shall be communicated to the Telecommunications Regulatory Authority within 10 days of their conclusion.
Prior to implementation The interfaces are the subject of tests defined 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, in accordance with Article D. 99-8 of the Postal Code and telecommunications, with a view to ensuring compliance with the essential requirements and End-to-end quality.
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.
12.2. Provisions specific to operators appearing on the lists established pursuant to a and b of 7 ° of Article L. 36-7
In the event that the operator appears on the lists established pursuant to a and b of the 7 ° of Article L. 36-7 of the postal code and telecommunications, the specification will be amended to include the corresponding obligations and, in particular, to specify the conditions for the publication of its technical and tariff interconnection offer.


12.3. 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, privacy and confidentiality of information processed, transmitted or stored.
The operator shall identify the arrangements made to ensure that access to telecommunications networks and services is maintained in cases of network failure or cases of force majeure.
Where interconnection with a third party is The operator, after technical verification of its network, shall inform the Telecommunications Regulatory Authority of the serious damage to the operation of the operator's network or compliance with the essential requirements. 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 XIII
Conditions necessary to ensure fair competition


The operator shall make available to the Telecommunications Regulatory Authority the necessary information or documents enabling the latter to 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 developments in the situation of the operator in relation to the Conditions for the exercise of competition in the market or in the markets covered by this authorisation. If requested by the operator, these changes may include a provision specifying a time limit at which they will apply.


Chapter XIV


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.
Equivalency of treatment is reflected in 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 In accordance with 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 make any provision To ensure that there is no discrimination between itself 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 International from 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 the other authorised operators,
the operator may be held, at the request of the Authority Regulation of telecommunications, to offer to operators authorised under Articles L. 33-1 and L. 34-1 access to the transmission and switching infrastructures used for the carriage of the traffic concerned in 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 XV
Requirements to ensure
interoperability of services


The operator complies in particular with the technical requirements established by 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 XVI
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 Quoted 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 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 the conventions Traffic routing signed with a French or foreign operator;
Within 10 days of their conclusion:
-all interconnection agreements;
-agreements for special access to the network.
When The operator is contractually engaged in services marketing companies, it must ensure, in its contractual relations with these companies, compliance with its commitments with regard to the information to be transmitted to the Authority Regulation of telecommunications.
At the request of the Telecom Regulatory Authority for the exercise of one of its powers, the operator shall provide other necessary information which shall be treated in accordance with the Business secret, including:
-contracts between the operator and distributors, resellers, or marketing companies;
-all non-road public domain occupancy agreements;
-sharing agreements Infrastructure;
-contracts with customers;
-any information required by the Telecommunications Regulatory Authority to instruct conciliation requests to settle 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, in particular the agreements or 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 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, in particular Articles L. 32-4 and L. 36-13.


Chapter XVII
Fees for issuing, managing
and controlling Authorization


The operator must pay the file, management, and control fees whose amounts and terms and conditions are specified in the finance laws.


Chapter XVIII
Equal treatment and information for
18.1 users. 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.


18.2. User Information


The operator informs the public about:
-the general and contractual terms and conditions for providing the service provided under this authority, including those relating to the Quality of service;
-the rates of its offers, including tariff reduction formulas.
It provides this information, kept up-to-date, at its outlets, and by telephone or electronic means available in time
The operator communicates this information to the Telecom Regulatory Authority before making it known to the public.


18.3. Contracts


Each user receives the contracts entered into with the operator for the benefits that they subscribe to.
The contractual conditions are communicated to the Regulatory Authority on request.


18.4. 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, April 19, 2002.


Christian Pierret


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