Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister Delegate to Industry,
In view of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for communications networks and services Electronic (directive) Framework ") ;
In view of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to electronic communications networks and associated resources and their interconnection (Directive) Access ") ;
In view of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Directive) Authorization ") ;
In view of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on the universal service and the rights of users in relation to electronic communications networks and services (Directive) Universal service ") ;
In view of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector (Directive) Privacy and electronic communications ") ;
Given the postal code and electronic communications, in particular Articles L. 33-1 and L. 33-2;
Given the code of consumption, in particular Articles L. 111-1, L. 121-18 and L. 121-83;
In the light of the Penal Code, in particular its articles 226-13, 226-15 and 432-9;
In view of the code of defence, in particular Articles L. 111-2 and L. 1332-1 to L. 1332-7;
In view of Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms;
Law No. 91-646 of 10 July 1991 relating to the secrecy of correspondence issued by the electronic communications channel;
In view of Law No. 2004-811 of 13 August 2004 on the protection of civil security;
In view of Decree No. 65-28 of 13 January 1965 on the organisation of civil defence;
In view of Decree No. 83-321 of 20 April 1983 on the power of the prefects in Non-military defence;
Having regard to Decree No. 93-119 of 28 January 1993 on the appointment of qualified agents for the conduct of the physical operations necessary for the establishment of interceptions of correspondence issued by Telecommunication route authorized by Law No. 91-646 of 10 July 1991;
In view of the opinion The Senior Public Service and Electronic Communications Commission dated 15 December 2004;
In the opinion of the Advisory Commission on Electronic Communications Networks and Services dated 30 September 2004 ;
In the opinion of the Radiocommunications Advisory Board of 28 September 2004;
In the opinion of the National Commission on Informatics and Freedoms dated 18 January 2005;
In view of the opinion of the Regulatory Authority Telecommunications as of December 7, 2004,
Clipping:
Section 1 of Chapter II of Title I of Book II of Part Three (Orders) of the Code of Posts and Electronic Communications is entitled " Networks and Services " And it has three paragraphs. Articles D. 98-1 to D. 99-3 are replaced by the following:
"Paragraph 1
" Declaration of networks open to the public
and the services provided to the Public
" Art. D. 98. -I.-The declaration provided for in Article L. 33-1 shall be addressed to the Electronic Communications Regulatory Authority and posts in one copy per registered letter with a request for notification of
. II. -The declaration, written in French, contains the following elements:
" -requester identity;
" -name;
" -full address;
" -legal status;
" -where applicable, registration in the register of trade and companies, accompanied by an extract K bis or equivalent;
" -a brief description of the nature and characteristics of the network and services and their geographical coverage area;
" -the deployment and commissioning schedule;
" -where applicable, the elements which enable the Electronic Communications Regulatory Authority and posts to check the experimental nature of the network.
" III. -The operator shall declare to the Regulatory Authority for electronic communications and posts, in the same manner and within one month, any modification of one of the elements contained in the original declaration as well as the Termination of reported activities.
" Art. D. 98-1. -Within three weeks of receipt of the declaration provided for in Article D. 98, the President of the Electronic Communications and Postal Regulatory Authority shall issue a declaration receipt or shall inform the registrant The declaration is not compliant and the prompt to complete or correct its declaration.
" Where appropriate, and within the same period, it shall inform the registrant that, pursuant to the provisions of the third paragraph of Article L. 33-1 of its declaration, it shall not be taken into
. Art. D. 98-2. -The receipt has a registration number that is the registrant's operator number.
"Paragraph 2
" Obligations of operators
" Art. D. 98-3. -The provisions of Articles D. 98-4 to D. 98-13 shall apply, where relevant, to operators of networks open to the public and to providers of electronic communications services to the public, with the exception:
" -the rules mentioned in paragraphs 3, 4 and 5 of Article D. 98-5 and Article D. 98-9, which apply only to telephone service providers to the public;
" -the rules referred to in I and in Articles 1 and 2 of Article D. 98-5 and Article D. 98-13, which apply only to providers of electronic communications services to the public;
" -the rules referred to in Article D. 98-10, which apply only to operators of networks open to the public
Only the provisions of Article D. 98-12 shall apply to the installations referred to in Article L. 33
Art. D. 98-4. -Rules for the conditions of permanence, quality and availability of the network and service.
" I.-Network and Services permanence conditions.
" The operator shall take the necessary steps to ensure continuous and continuous operation of the network and electronic communications services and to remedy the effects of the failure of the system degrading the system. Quality of service for all or part of the clients, within the shortest possible time. It takes all measures to ensure uninterrupted access to emergency services.
" The operator implements the necessary protections and redundancies to ensure a satisfactory quality and service availability.
" II. -Availability and quality of network and services.
" The operator shall implement the necessary equipment and procedures, in order to ensure that the quality of service objectives remain at the level provided for by the standards in force in particular in the ITU and the ETSI, in particular in respect of Availability rate and end-to-end error rates
" The operator measures the value of the quality of service indicators defined by the Electronic Communications Regulatory Authority and the posts under the conditions laid down in Article L. 36-6. The arrangements for making the results of such measures available to the public shall be determined by the Electronic Communications and Postal Regulatory Authority under the same conditions
Art. D. 98-5. -Rules concerning the conditions of confidentiality and neutrality with regard to transmitted messages and information related to communications.
" I.-Compliance with Correspondence and Neutrality.
" The operator shall take the necessary measures to ensure the neutrality of its services in relation to the content of messages transmitted on its network and the secrecy of correspondence.
" To this end, the operator shall provide its services without discrimination regardless of the nature of the messages transmitted and shall take appropriate steps to ensure the integrity of the messages.
" The operator shall be required to bring to the knowledge of his staff the obligations and penalties incurred under the provisions of the Penal Code, and in particular under Articles 226-13, 226-15 and 432-9 relating to the secrecy of
. II. -Processing of personal data.
" The operator shall take appropriate measures to ensure the protection, integrity and confidentiality of the personal data it holds and processes.
" The operator is required to exploit the personal data in accordance with the stated purposes.
" 1. The operator guarantees to any customer, in addition to the rights mentioned in Article R. 10, the right:
" -to exercise, free of charge, its right of access to personal data and its right to rectify them;
" -to receive non-itemized invoices and, on request, detailed invoices.
" 2. When operator customers receive itemized billing, invoices to:
" -have a sufficient level of detail to allow verification of amounts billed;
" -do not mention calls to the free numbers 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 applicable.
" 3. The operator allows each of its customers to object free and by simple means, call by call or permanently (permanent secret), to the identification of its line by the positions called.
" When a subscriber has multiple rows, this feature 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 the emergency services or the tranquillity of the call, in accordance with the regulations in
. When a subscriber has permanent secrecy, the operator allows the subscriber to delete this function, call by call, free of charge, and by simple means.
" 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 three paragraphs:
" In the event that the identification of the calling line is offered, the operator allows any subscriber to prevent by a simple and free means that the identification of the calling line is passed to his or her position.
" In the event that 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 Regulatory Authority for Electronic Communications and posts to have a time limit for the implementation of this
. In the event that the resulting line identification is offered, the operator allows any subscriber to prevent by a simple and free means the identification of the line obtained from the caller.
" 5. The operator allows the subscriber to which calls are transferred to suspend or stop the call transfer for free and by a simple way.
" The operator shall inform any customer, prior to the subscription of the contract, of the rights mentioned in 1 of II of this Article.
" When the operator makes use of services marketing companies, he shall ensure, in contractual relations with those companies, that his obligations regarding the conditions of confidentiality and neutrality of the messages are met Transmitted and communications-related information.
" III. -Communications Security.
" The operator shall take 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 Electronic Communications Regulatory Authority and posts under the conditions of Article L. 36-6. Within this framework and in confidence, the Electronic Communications and Postal Regulatory Authority may be provided with the arrangements for securing the network.
" The operator informs its customers of the existing services allowing, where appropriate, to enhance communications security.
" Where there is a particular risk of breach of network security, the operator shall inform Subscribers of this risk and any possible means of remedoing it and the cost involved.
" Art. D. 98-6. -Rules for network and service standards and specifications.
" The equipment, software and installations constituting the network, with the exception of those relating to the interconnection interface for which the provisions of Article D. 99-8 apply and equipment using frequencies for which Apply the provisions of Article L. 42-1, shall be freely established by the operator
When the operator's network distributes digital television services, it distributes the television services or programs in this format in a broad format.
" The operator shall publish the specifications for the interfaces of its network and its services in accordance with the decisions taken by the Regulatory Authority for Electronic Communications and posts under the conditions laid down in Article L. 36-6. These specifications are sufficiently detailed to allow the design of terminal equipment capable of using all the services provided by the corresponding interface.
" The operator shall report to the Electronic Communications and Postal Regulatory Authority, without undue delay, the characteristics of its network affecting the smooth operation of the terminal equipment.
" Art. D. 98-7. -Rules concerning requirements of public order, national defence and public
. I.-In anticipation of the circumstances referred to in Articles L. 1111-2 and L. 1332-1 et seq. Of the Defence Code and in decrees n ° 65-28 of 13 January 1965 on the organisation of civil defence and n ° 83-321 of 20 April 1983 concerning the Prefects in non-military defence, the operator takes appropriate measures for:
" -ensure the regular operation of its facilities;
" -protect its facilities, through appropriate measures, against the risks, threats and attacks of any kind;
" -ensure the implementation, as soon as possible, of technical and human resources capable of addressing the most serious consequences of failures, neutralization or destruction of installations;
" -be able to meet the needs for national defence and public security, including the implementation of the means requested by the territorial representatives of the state, as part of the contingency plans;
' -be in a position, in times of crisis or in cases of imperative necessity, to establish links specially studied or reserved for the defence or public safety, in accordance with the technical and financial arrangements laid down by convention with the Services of the affected state.
" II. -The operator shall respect the order of priorities and the general conditions for the re-establishment of links relating specifically to the services of the State and bodies entrusted with a mission of public interest or contributing to the defence missions and Public security, which is the subject of a joint order of ministers responsible for electronic communications, the interior and defence.
" III. -The operator puts in place and ensures the implementation of the means necessary for the application of Law No. 91-646 of 10 July 1991 on the secrecy of correspondence issued by the electronic communications channel by the competent authorities 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 Intercepts of correspondence issued by electronic communications authorised by Law No. 91-646 of 10 July 1991. The means implemented must allow the interceptions to be carried out from the national
. IV. -All the specific provisions adopted by the operator at the request of the State under Article III of this Article shall be the subject of a convention with the State which guarantees the fair remuneration of the operator for studies, engineering, Design, deployment, and operation of requested systems.
" V.-Within the framework of judicial or emergency response missions, the operator allows the services referred to in the last paragraph of Article L. 35-5 to access without delay, directly or through its sole intermediary, its list of subscribers and Non-expurgated users of the data covered by the third paragraph of Article R. 10 and updated within the time limits prescribed in Article R. 10-4. The fourth, fifth and seventh paragraphs of Article R. 10 shall not be effective against such services.
" In the application of the provisions of this Article, the operator shall comply with the decisions or instructions of the judicial, military or police authorities as well as those of the Minister responsible for electronic
. Art. D. 98-8. -Rules for routing and locating emergency calls.
" The operator shall take the necessary measures to transport emergency calls free of charge from public access points, subscription points and interconnection points, to the competent centre corresponding to the location of the The appellant, according to the information and lists provided by the representatives of the State in the departments. It does not receive any financial compensation from the State in this respect. The operator will not include the numbers called as such on the invoices.
" In order to allow the transmission of information relating to the dispatch of emergency calls, the operator shall communicate its contact details, before the opening of the service in a department, to the prefect of that department. It does the same for each change to these coordinates.
" Emergency calls are calls to the public service emergency call numbers that are loaded:
" -saving human lives;
" -font work orders;
" -fire fighting;
" -Social urgency.
" The list of emergency numbers shall be specified by the Electronic Communications and Postal Regulatory Authority under the conditions laid down in Article L. 36-6.
" In an emergency call, the operator shall transmit to the emergency services the location data of the appellant, when the equipment at his disposal allows him to know the data. Localization data means the address of the telephone installation, the address of origin of the call or, in the case of the mobile service, the geographical location of origin of the most accurate call that the equipment is capable of To identify.
" Art. D. 98-9. -Rules concerning the conditions necessary to ensure equivalence in the treatment of international
. The operator is required to respond to requests for interconnection from authorised operators in countries offering equal treatment.
" Equivalence of treatment is reflected in a country by the existence of market access and interconnection rights equivalent to those recognized by the French regulations. Equivalency of treatment is ensured in full law for countries belonging to the European Economic Area and, for other countries, is appreciated by the Minister responsible for electronic communications on a proposal from the Regulatory Authority Electronic communications and posts, in particular on the basis of international agreements in
. For the carriage of international traffic originating in or destined for a country where the equivalence of treatment is not ensured, the operator shall take all necessary steps to ensure that there is no discrimination between his competitors and him, In particular in the determination of the rates of return of traffic and of the allocation taxes applied by the operators of that country. It shall inform the Electronic Communications Regulatory Authority and the posts of any measures taken to that effect and any difficulties encountered in the search for this objective.
" When:
" -the operator routes international telephone traffic to or from countries where equal treatment is not provided either directly or through a non-European Economic Area country ;
" -and that the Electronic Communications and Postal Regulatory Authority finds, for the telephone traffic between France and that country, that the equal conditions of competition cannot be preserved for the benefit of other operators Declared,
the operator may be required, at the request of the Electronic Communications and Postal Regulatory Authority, to offer to the operators declared access to the transmission and switching infrastructures used for the carriage Of the traffic concerned, in conditions that restore the equality of the 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 that framework.
" Art. D. 98-10. -Rules for the conditions necessary to ensure interoperability of services.
" In addition to the interconnection conditions which ensure the interoperability of services, the operator shall comply with the technical requirements laid down by the Electronic Communications Regulatory Authority and the posts under the conditions laid down In Article L. 36-6 and applicable to the network and services provided on this network in order to ensure their interoperability.
" Art. D. 98-11. -Rules concerning the obligations imposed on the operator to enable its control by the Electronic Communications Regulatory Authority and the posts and those necessary for the application of Article L. 37-1.
" The operator shall provide the Regulatory Authority for electronic communications and posts with figures relating to the operation of its network and the provision of services in the financial, commercial and technical fields, Under the conditions specified below.
" 1. According to a frequency defined by the Regulatory Authority for Electronic Communications and Posts or at its request, the operator shall provide it with the necessary information:
" (a) The collection of the fees provided for in Article L. 33-1 and the charges laid down, in particular Articles L. 42-1 and L. 44;
" (b) Calculation of contributions to the financing of the universal
; (c) To the establishment by the Authority for the regulation of electronic communications and comparative balance sheets in the interests of users relating to quality of service and prices;
" (d) To conduct the analyses of the contracts referred to in Article L. 37-1, which shall include, in addition to those subject to a reasoned request:
" -description of all services offered;
" -the prices and general conditions of the offer;
" -traffic statistics data;
" -sales data;
" -customer park data;
" -growth forecasts for its activity;
" -information about deploying its network;
" -Relevant accounting and financial information.
" 2. At the request of the Electronic Communications and Postal Regulatory Authority or, for the information referred to in b, where appropriate, according to a periodicity which it defines, the operator shall communicate to the Authority the necessary information :
" (a) To verify compliance with the rules laid down in Article L. 33-1, in particular:
" -all interconnection, access and traffic routing conventions;
" -contracts between the trader and the distributors, resellers or marketing companies;
" -all non-road public domain occupancy agreements;
" -when the operator rents naked fibres on the public domain, the agreement defining the technical and financial conditions of that rental;
" -infrastructure sharing agreements;
" -contracts with third country operators;
" -contracts with customers;
" -the description, subject to the provisions on the protection of secrecy and information concerning national defence and the security of the State, of the organisation and of the technical measures taken in order to comply with the obligations of Defence and security;
" -any information necessary to verify compliance with the equality of conditions of competition, in particular agreements, contracts or agreements concluded between the subsidiaries of the operator, companies belonging to the same group or branches Activity of the operator distinct from those covered by the declaration;
" (b) The allocation and monitoring of compliance with the terms and conditions of use of the frequency and numbering resources, which include:
" -the information necessary to verify the nature and technical characteristics of the equipment, networks and services used, their conditions of permanence, quality and availability, as well as their deployment schedule and area Cover;
" -the technical information necessary to verify the efficient use of the spectrum;
" -information on the technical conditions used to avoid harmful interference and limit public exposure to electromagnetic fields;
" -the information necessary to verify compliance with the national rules on the use of frequencies and numbers and international commitments in these two areas;
" -the information necessary to verify the commitments made by the holder in the context of the calls for applications referred to in Article L. 42-2;
" -the information needed to check the proper use of numbering resources;
" -Number portability information;
" -the information necessary to establish the conditions for the renewal of the authorisation;
(c) To verify compliance with the obligations imposed on it, as appropriate, in accordance with Articles D. 306 to D. 315 and D. 369 to D. 377, Financial or accounting information, including cost data, as well as agreements, contracts or agreements linking it to other operators or its partners, subsidiaries, services or
. 3. The Electronic Communications and Postal Regulatory Authority shall indicate the reasons for its request, which shall be proportionate, and shall specify the level of detail of the information to be provided and the time limits for their
. The Authority shall inform operators of the use which will be made of the information
. 4. When the operator contracts with service marketing companies, it must ensure, in its contractual relations with these companies, that its commitments with regard to the information to be transmitted to the Authority are complied with Regulation of electronic communications and positions.
" Art. D. 98-12. -Information and protection rules for users.
" I.-User information.
" In addition to the information provided for in Articles L. 111-1 and, where applicable, L. 121-18 of the code of consumption, the operator shall make available to the public information on:
-the general and contractual terms and conditions of supply of the service provided in the context of its declaration, which specify:
" -the conditions for the renewal of contracts and, where applicable, any minimum contractual duration;
" -quality of service conditions;
" -delivery times and types of maintenance services provided;
" -with regard to the telephone service to the public, the description of the services offered under the proposed contracts;
" -the rates of its offers, including tariff reduction formulas;
" -the proposed compensation and reimbursement formulae and dispute resolution mechanisms.
" It shall provide such information, kept up-to-date, in its outlets and by telephone or electronic means available in real time at a reasonable rate.
" Such information shall be made available to the Electronic Communications and Postal Regulatory Authority at its request.
" II. -Contracts.
" Each user receives the contracts entered into with the operator for the benefits they subscribe to.
" The contractual conditions shall be communicated, upon request, to the Electronic Communications and Postal Regulatory Authority to verify compliance with the provisions of Article L. 121-83 of the Consumer
. III. -How services are marketed.
" Where the operator relies on services marketing companies, it must ensure, in the contractual relations with these companies, that their undertakings comply with the obligations of the operator provided for in the present Code.
" These companies can offer subscription contracts to the service of the operator, the latter retaining responsibility for providing the service to those subscribers.
" Paragraph 3
"Independent Network Operating Conditions
" Art. D. 99. -In the event of necessity imposed by public order, public security or national defence, the operator of an independent network shall comply with the instructions of the judicial, military or police authorities, as well as those of the competent authorities The regulation of the electronic communications sector as defined in Article L. 32-1, paragraph 1 (3).
" Art. D. 99-1. -Where an independent network is connected to a network open to the public, the Electronic Communications and Postal Regulatory Authority may at any time request the operator to justify the means put in place so that this connection does not Allows for the exchange of communications between people other than those to which the network is reserved.
" Art. D. 99-2. -The operator of an independent network shall take all measures to preserve the integrity and security of the networks open to the public to which its network is connected. As such, it ensures that terminals intended to be connected indirectly to a network open to the public comply with the regulations in force. Where the interface equipment does not provide the necessary guarantees, the Electronic Communications and Post Regulatory Authority may order the suspension of the connection to a network open to the public, in particular at the request of The operator of the said network, when such connection is likely to impair the integrity or the security of the operation of the network open to the public
Art. D. 99-3. -The establishment of the independent networks complies with the environmental, spatial planning and town planning requirements laid down by the competent authorities. "
Minister of State, Minister of Interior and Spatial Planning, Minister of Defence, Minister of Economy, Finance and Industry And the Minister Delegate to Industry, each as far as it is concerned, are responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, on 26 July 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Economy,
Finance and Industry,
Thierry Breton
Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
Minister of Defence,
Michèle Alliot-Marie
The Minister Delegate to Industry,
François Loos
