Key Benefits:
Minister Delegate to Industry,
Considering the post and telecommunications code, including articles L. 33-1 and L. 34-1;
Having regard to the amended decision of 12 December 1996 authorizing the establishment of an open-ended network for the operation of telecommunications services;
Having regard to the application dated 2 April 2002 of the company MFS Communication SA, registered in the register of trade and companies of Paris on 6 October 1994 under the number RCS Paris B 398 517 169 and located 21, rue Balzac, in Paris 75008;
Considering the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the General Council of Guadeloupe;
Considering the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the General Council of Guyana;
Considering the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the General Council of Martinique;
Having regard to the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the General Council of the Meeting;
Having regard to the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the General Council of Saint-Pierre-et-Miquelon;
Considering the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the Mayotte General Council;
Considering the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the Regional Council of Guadeloupe;
Having regard to the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the Guyane Regional Council;
Considering the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the Martinique Regional Council;
Having regard to the letter from the Telecommunications Regulatory Authority dated 16 April 2002 addressed to the President of the Regional Council of the Meeting;
Considering Decision No. 2002-489 of the Telecommunications Regulatory Authority dated 27 June 2002 on the instruction of the application to amend the above-mentioned order, submitted by MFS Communication SA,
Stop it!
Article 1 of the above-mentioned amended 12 December 1996 Order is as follows:
"MFS Communications Ltd. is authorized to establish and operate an open-ended telecommunications network to the public and to provide telephone service to the public throughout the metropolitan territory, in overseas departments, the local authority of Saint-Pierre-et-Miquelon and the departmental community of Mayotte, under the conditions set out in the terms of reference annexed to this Order. »
The terms of reference annexed to this Order replace the terms of reference annexed to the amended decision of 12 December 1996.
In the amended decision of 12 December 1996 referred to above, an article 2 bis is inserted as follows:
"Art. 2 bis. - In order to permit the transmission of information relating to the delivery of emergency calls under Chapter VI of the terms of reference annexed to this Order, the licensee shall, prior to the opening of the service in a department, communicate its contact information to the prefect of that department. The same will be done with each change of these coordinates. »
This Order and its annex will be issued in the Official Journal of the French Republic.
A N N E X E
CAHIER DES CHARGES RELATIF À L'ÉTABLISSEMENT ET L'EXPLOITATION D'un RÉSEAU DE TÉLÉCOMMUNICATIONS OUVERT AU PUBLIC ET À LA FOURNITURE DU SERVICE TÉLÉPHONIQUE AU PUBLIC
Authorization holder: MFS Communications SA.
Definitions
In this Terms of Reference, terms are used which are heard as follows:
The operator
This is the licensee of the establishment and operation of the network for the provision of telecommunications services to the public, referred to in section 1 of the order to which this Terms of Reference are annexed.
The space sector
These are space capabilities leased or established by the operator for the delivery of its links.
Earth stations
These are ground-based stations designed to provide a radio link to the satellite.
Hertzian beams
These are earth radio communications links between fixed points.
ETSI
This is the 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 technical specifications approved by a recognized body with normative activity, for repeated or continuous application.
Interconnection conventions
Interconnection agreements specify the technical and financial modalities of the entire relationship between the operator and other network operators open to the public or telephone service providers to the public within the framework defined in Chapter XII of this Terms of Reference.
Chapter I
Nature, features, coverage area and calendar
network and services deployment
1.1. Description, coverage area
and timing of network deployment
The operator's network is established in the areas referred to in Article 1 of the authorization order to which this specifications are annexed.
Where applicable, the fixed links required for the establishment and operation of the operator's network shall be, in each of the regions covered by this authorization, constituted operator transmission facilities that may be:
- wire connections established by the operator alone or via a contract with a supplier of bare fibres;
- radio links established in accordance with the provisions of Chapter VIII on frequencies.
The operator's network can be made up of satellite connections.
In this case, the detailed description of the infrastructure of the satellite network (localization of the Earth's emission and/or reception stations, list and technical characteristics of the stations as well as their operating conditions, characteristics of the space sector in particular) must be communicated to the Telecommunications Regulatory Authority.
The operation of satellite links on the frequencies assigned under Chapter VIII of this specifications is subject to an operational agreement by the space operator. A copy of each agreement is notified three months after it is put into service to the Telecommunications Regulatory Authority.
In addition, the operator can complete its network by leased links to other authorized operators.
1.2. Services
The operator can provide telephone service to the public.
It may also provide all telecommunications services on its network pursuant to Article L. 34-2 of the Post and Telecommunications Code.
The operator's service must allow customers of the telephone service to the operator's public connected directly to its network to establish telephone communications with all customers of the other open networks to the public (subject to any restrictions on the delivery of the applicant or requested mail, toll access, international...).
In the same way, a customer of the telephone service to the public of the operator connected directly to the network of the operator must be able to be joined by all customers of other networks open to the public (subject to any restrictions, provided for by the contracts between the operators and their customers, the delivery of the applicant post or requested, access to the toll, international...).
1.3. International commitment
The operator respects the rules defined by the ITU Convention, the International Telecommunications Regulations, the Radiocommunication Regulations, the international agreements and the European Community regulations. He keeps the Minister responsible for telecommunications informed of his provisions in this area.
Chapter II
Conditions of permanence, quality,
availability and access modes
2.1. Network and services requirements
The operator must make the necessary arrangements to ensure on a permanent and continuous basis the operation of the network and telephone service to the public and to be remedied to the effects of the system's failure to degrade the quality of service for the whole or part of the customers as soon as possible.
The operator implements the necessary protections and redundancies to ensure satisfactory quality and availability of service.
2.2. Network and services availability and quality
The operator implements the necessary equipment and procedures so that the quality of service objectives remain at the level provided for by the standards in force in particular within the ITU and ETSI, especially with respect to the availability rates and end-to-end error rates.
When the operator appears on one of the lists set out in the 7th of Article L. 36-7, eighteen months after it began 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 of Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 concerning the application of the provision of an open network (ONP)
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
Customer access to the operator's network will be via 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 set out in Decision 2000-329 of the Telecommunications Regulatory Authority dated 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 oppose the connection to its network of conforming equipment.
Is compliant with any equipment that has been subject to a compliance assessment and that meets the essential requirements, specifications, markings and is accompanied by the information provided for in Article L. 34-9 of the Post and Telecommunications Code and the texts taken for its application.
When a conforming equipment, connected to a network open to the public, causes a serious damage to a network or radio disruption or an impairment of the network or its operation, the operator shall, without delay, conduct any necessary technical checks and shall communicate the results to the Telecommunications Regulatory Authority.
In order to preserve the integrity of the network and the proper functioning of the services, the Telecommunications Regulatory Authority may issue a reinstatement to the user of the relevant terminal equipment inviting them to take all measures to end the disturbances within a specified period of time. If, at the expiry of this period, the user did not comply with the restraining order, the Telecommunications Regulatory Authority requests the operator to suspend the supply of the service that 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 any criminal proceedings, request the operator to suspend the provision of the service to the user of the equipment concerned.
Chapter III
Conditions of confidentiality and neutrality with regard to messages and communications information
3.1. Respect for the confidentiality of correspondence and neutrality
The operator takes the necessary steps to ensure the neutrality of its services with regard to the content of the messages transmitted on its network and the secrecy of correspondence.
To this end, 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.
Pursuant to Article 1 of the Act of 10 July 1991 on the secrecy of communications correspondence, it may only be infringed by the public authority in the cases and conditions laid down by law.
The operator is required to bring to the attention of its staff, and in particular qualified officers, their obligations and penalties under the provisions of the Criminal Code, including articles 226-13, 226-15 and 432-9 relating to the confidentiality of correspondence.
3.2. Processing of personal data
3.2.1. The operator shall take appropriate measures to ensure the protection, integrity and confidentiality of personal data that it holds and processes.
In particular, the operator guarantees every natural or legal person the right:
- not to be mentioned on the lists of subscribers or published users. The exercise of this right is free;
- not to be mentioned on the lists of subscribers or users accessible by a telephone information service;
- to oppose freely the publication and communication of the complete address of his home, to the extent that the published or communicable data makes it possible to distinguish this person from his or her homonyms, as well as to oppose, where appropriate, the indication of sex;
- to receive undetailed invoices and, upon request, detailed invoices;
- to prohibit, free of charge, personal data concerning it, from subscriber lists or users, for direct prospecting operations by mail or by telecommunication, with the exception of transactions relating to authorized activity and related to the contractual relationship between the operator and the subscriber;
- to exercise its right of access to personal data concerning it free of charge and its right to rectification of such data.
The operator is required to use personal data in accordance with declared purposes.
3.2.2. When the operator's customers receive a detailed billing, the invoices sent:
- include a sufficient level of detail to allow verification of amounts charged;
- do not mention the free calls for the user;
- do not indicate the last four digits of the numbers called, unless the customer has expressly requested that this be the case.
Detailed billing is available free of charge for the subscriber. However, additional benefits may be offered to the subscriber at a reasonable rate where applicable.
3.2.3. The operator allows each of its customers to object freely and through a simple, call-by-call or permanently (permanent secret) to the identification of their line by the named posts.
When a user has multiple lines, this function is offered for each line. This function should also be proposed for communications from public telephone booths. The operator implements a particular device for the removal of this function for reasons related to the operation of emergency services or the tranquility of the caller, in accordance with the regulations in force.
When a subscriber has permanent secrecy, the operator allows it to remove this function, call by call, free of charge and by a simple way.
3.2.4. The operator informs subscribers when proposing a caller line or connected line identification service. It also informs them of the possibilities envisaged in the following two subparagraphs.
In the event that the identification of the caller line is available, the operator allows any subscriber to prevent by a simple and free way the identification of the caller line is forwarded to its position. In case the identification of the connected line is available, the operator allows any subscriber to prevent by a simple and free way the identification of the connected line with the person who calls.
In the event that the identification of the caller line is available and is indicated prior to the call establishment, the operator allows any subscriber to refuse, by a simple means, incoming calls from an unidentified line. The operator may, for justified technical reasons, request the Telecommunications Regulatory Authority to have a deadline for the implementation of this function.
3.2.5. The operator allows the subscriber to whom calls are transferred to interrupt or interrupt the call transfer for free and by a simple means.
3.2.6. The operator shall notify any subscriber, prior to the contract's subscription, of the rights it has under 2.1 of this clause.
When the operator relies on services marketing companies, it ensures, in contractual relations with them, that it complies with its obligations relating to confidentiality and neutrality with respect to the messages transmitted and information related to communications.
3.3. Communications security
The operator shall make all necessary arrangements to ensure the security of communications through its network. It complies with the technical safety requirements, possibly enacted by the Telecommunications Regulatory Authority in accordance with Article L. 36-6. In this context and in confidence, the Telecommunications Regulatory Authority may communicate the measures taken to secure the network.
The operator informs its customers of existing services that, if necessary, enhance the security of communications.
When there is a particular risk of a breach of network security, the operator shall inform subscribers of this risk and any possible means of remedying it and the cost it entails.
Chapter IV
Network standards and specifications
and services
The hardware, software and facilities constituting the network, with the exception of those relating to the interconnection interface for which the provisions of Chapter XII apply and equipment using frequencies for which the provisions of Chapter VIII apply, are freely established by the operator.
The operator favours the use of existing standards, including European standards. It communicates to the Telecommunications Regulatory Authority, at its request, the standards to which the equipment it uses meets.
The operator shall communicate to the Telecommunications Regulatory Authority, prior to their implementation and in accordance with the terms and conditions it defines, the detailed technical specifications for the network access interface.
These specifications cover all interfaces generally provided, including:
(a) For analog or digital networks:
- the unicorn interface;
- the multiline interface;
- the direct selection interface at the arrival of an additional position (SDA).
(b) For digital service integration networks (RNIS):
- the basic or primary interface at the S/T reference point, including the signalling protocol;
- the characteristics of support services suitable for voice telephone services. These specifications are made available to persons who request them, in accordance with the terms defined by the Telecommunications Regulatory Authority.
The operator reports to the Telecommunications Regulatory Authority, without undue delay, the characteristics of its network that affect the proper operation of terminal equipment.
The physical interface to the S/T reference point possibly provided by the operator complies with the specifications published under section 5 of Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of the provision of an open telecommunications network.
Chapter V
Environmental protection
and infrastructure sharing
5.1. Health protection
The operator respects the limit values that must not exceed the electromagnetic fields emitted by the equipment used in the telecommunications networks when the public is exposed to it, defined by the decree provided for in 12° of Article L. 32 of the Post and Telecommunications Code.
5.2. Respect for the environment
and facility sharing
The operator strives to share radio sites with other users of these sites.
5.3. Public infrastructure
When the operator rents bare fibers on the public domain, the agreement defining the technical and financial conditions of this rental is communicated, upon request, to the Telecommunications Regulatory Authority.
Chapter VI
Defence requirements
and Public Security
In accordance with the directives of the Minister for Telecommunications, responsible for the defence of the general operation of the transmissions, in accordance with Decree No. 93-1036 of 2 September 1993 on the organization of the telecommunications in defence matters, the operator shall take the necessary measures, 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 organization of the defence and in Order No. 65-28 of 13
- ensuring the regular operation of its facilities;
- to protect its facilities, by appropriate measures, from attacks of any kind;
- to ensure the implementation, as soon as possible, of technical and human means that can mitigate the most serious consequences of failures, neutralization or destruction of facilities;
- to be able to meet the needs of national defence and public security, and in particular to implement the means requested by the territorial representatives of the State, within the framework of the relief plans;
- be able, in times of crisis or in cases of imperative necessity, to establish links specially studied or reserved for public defence or security, in accordance with the technical and financial terms fixed by means of a convention with the services of the State concerned.
The operator respects the order of priorities and the general conditions for the re-establishment of liaisons in particular with respect to the services of the State and the bodies responsible for a public mission or contributing to the defence and public security missions, which are the subject of a joint decree of the ministers responsible for telecommunications, interior and defence.
The operator complies with the decisions or instructions of the judicial, military or police authorities as well as those of the Minister responsible for telecommunications.
The operator shall establish and ensure the implementation of the means necessary for the application of Act No. 91-646 of 10 July 1991 by the authorities authorized under this Act. In this context, the operator designates qualified officers under the conditions described in Decree No. 93-119 of 28 January 1993 concerning the designation of qualified agents for the conduct of the material operations necessary for the establishment of interceptions of correspondence issued by means of telecommunications authorized by Act No. 91-646 of 10 July 1991 referred to above.
All specific provisions made by the operator at the request of the State under the preceding paragraphs in this clause are subject to a convention with the State which guarantees fair remuneration of the operator for the studies, engineering, design, deployment and operation of the requested systems.
The operator shall take the necessary measures to provide emergency calls free of charge from public access points, subscription points and interconnection points and to the public services responsible:
- the safeguarding of human lives;
- police interventions;
- the fire fight;
- social emergency,
to the competent centre corresponding to the location of the appellant, according to the information and lists transmitted by the representatives of the State in the departments. He does not receive financial compensation from the State as such. The operator refrains from including on invoices the numbers called as such.
Chapter VII
Operator's contribution to research
and Telecommunications Training
The operator must justify that it has contributed to research and development and training missions in the field of telecommunications up to a minimum annual amount of 5% of the tax-free amount of its investments in infrastructure, equipment and telecommunications software for the activity of the previous year covered by the authorization.
The operator fulfils this obligation through in-kind contributions or financial contributions to research and development and training activities promoting the development of telecommunications in the European Community, including a share of cooperative or pre-competitive research.
The operator is free from the distribution of these sums, which he reports a posteriori. To this end, it presents to the Telecommunications Regulatory Authority and the Minister responsible for Telecommunications a summary of its promotion and subsidy activities and its work, studies, research, development and training in telecommunications, including its activities with research organizations.
The Telecommunications Regulatory Authority may, at the request of the operator who then presents a multi-year plan, authorize the execution of the corresponding expenditures over several years in order to ensure a more regular contribution over the entire duration of the authorization.
Chapter VIII
Use of frequencies
and royalties due
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 III of the Post and Telecommunications Code.
8.1. Frequency assignment
The decision to assign frequencies by the Telecommunications Regulatory Authority, notified to the operator, specifies the frequencies made available and, where applicable, their conditions of use.
8.2. Conditions of use
Within the framework defined by the Telecommunications Regulatory Authority, the operator may direct to the National Frequency Agency its applications for the assignment of frequencies pursuant to the 4th of Article R. 52-2-1 of the Post and Telecommunications Code. In the channels assigned to it, the operator requests the agreement of the National Frequency Agency prior to the establishment of radio stations, where this agreement is required, pursuant to the 5th of section R. 52-2-1 of the Post and Telecommunications Code. The operator transmits the application directly to the National Frequency Agency and informs the Telecommunications Regulatory Authority.
The operator shall communicate at least once a year to the Telecommunications Regulatory Authority a plan for the use of the frequency bands assigned to it. This plan describes the current and future uses of these frequency bands, as well as projected applications whose implementation requires the prior allocation of additional frequencies.
8.3. Claims for use, management
and control of radio frequencies
The licensee shall pay royalties for the use, management and control of radio frequencies under the conditions set out 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
Number
9.1. Method of allocation of numbering resources
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 as well as any modification of this assignment shall be subject to a decision of the Telecommunications Regulatory Authority that it makes public.
9.2. Claims
The operator must pay royalties due to the numbering resources allocated under the conditions provided for in the applicable texts, including Article L. 34-10 of the Post and Telecommunications Code and the Decree of 27 December 1996 on royalties due to the management costs of the national plan of numbering and control of its use.
Chapter X
Universal service and mandatory services
(For memory)
Chapter XI
Provision of information for the constitution
and the keeping of the list under section L. 35-4
The operator must provide all assistance in the context of continuous relations with the entity created by section L. 35-4 for the proper performance of the duties of the entity and must in particular ensure the transmission of its subscriber list and the control of the quality of the data transmitted.
The transmission is carried out in accordance with the terms and the periodicity determined by the entity in terms of formats, standardized communication protocols and other technical terms, within the framework defined by Article L. 35-4 and the texts taken for its application.
The transmission is, in all cases, mandatory, including when the operator wishes to hold a universal directory or a universal information service.
The communication addresses the data required to identify a particular subscriber and prevent confusion between different subscribers. It includes at least the following data: name and/or name, name, address and telephone contact information.
The additional data collected from the subscriber on his application for registration in the directories are transmitted under the same conditions: these may include the names of other users, subject to their agreement, or the profession of the subscriber.
The operator shall communicate to the entity, together with the information necessary to keep the list referred to in section L. 35-4, the elements allowing the identification:
1° subscribers who oppose:
- mentioning the name information concerning them in a directory and their communication to an information service (red list);
- the registration of the full 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 forbid the use of name information about them in commercial transactions, the gathering of these subscribers as the orange list.
When the operator contractually appeals to service marketing companies, it must ensure, in its contractual relations with these companies, that it complies with its commitments in respect of the transmission by them of their subscriber list under the same conditions.
Chapter XII
Interconnection: rights and obligations
12.1. General provisions
Interconnection agreements concluded by the operator are communicated to the Telecommunications Regulatory Authority within ten days of their conclusion.
Before the effective implementation of the interconnection, the interfaces are the subject of tests defined and carried out jointly by the two operators concerned. These tests are performed on site if one of the parties so requests. In the event that interconnection testing is not conducted under normal technical and time conditions, either party may refer to the Telecommunications Regulatory Authority.
Interconnection interfaces shall be in accordance with the technical specifications adopted and published by the Telecommunications Regulatory Authority, pursuant to Article D. 99-8 of the Post and Telecommunications Code, with a view to ensuring respect for essential requirements and end-to-end quality.
At the 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. Specific provisions for operators listed
pursuant to a and b of the 7th of Article L. 36-7
In the case that the operator appears on the lists established pursuant to a and b of the 7th of Article L. 36-7 of the Post and Telecommunications Code, the specifications 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 interconnection conventions, necessary to ensure compliance with essential requirements, and in particular:
- the security of operation of the network;
- maintaining the integrity of the network;
- the interoperability of services, including to ensure a service quality from end to end;
- data protection, to the extent necessary to ensure compliance with relevant data protection provisions, including the protection of personal data, the protection of privacy and the confidentiality of processed, transmitted or stored information.
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.
When an interconnection with a third party seriously affects the proper operation of the operator's network or compliance with the essential requirements, the operator, after technical verification of its network, informs the Telecommunications Regulatory Authority. This may then, if necessary, allow the suspension of the interconnection. It informs the parties and then sets the conditions for its recovery.
When the operator has entered into an interconnection agreement with another operator, the operator is required to notify the operator with at least one year's notice, unless mutually agreed, or, if the Telecommunications Regulatory Authority decides otherwise, of changes in its network that require the interconnected operator to modify or adapt its own facilities.
Chapter XIII
Requirements
to ensure fair competition
The operator shall make available to the Telecommunications Regulatory Authority the necessary information or documents to ensure, upon request, that fair competition is respected in the market or markets covered by this authorization.
This chapter may be revised to take into account the evolution of the operator's situation with respect to the conditions of exercise of competition in the market or the markets covered by this authorization. If the operator so requests, these amendments may include a provision specifying a time limit on which they will apply.
Chapter XIV
Conditions necessary to ensure the equivalence of treatment of international operators in accordance with the provisions of the III and IV of Article L. 33-1
The operator is required to respond, under the conditions set out in Article L. 34-8, to interconnection requests from authorized operators in countries offering equal treatment.
The equivalence of treatment is reflected in a country by the existence of market access rights and interconnection equivalent to those recognized by French regulations. The equivalence 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 telecommunications on the proposal of the Telecommunications Regulatory Authority, in particular according to the existing international agreements.
For the transport of international traffic from or to a country where the equivalence of treatment is not ensured, the operator makes every provision useful to ensure the absence of discrimination between him and his competitors, especially in determining the return rates of traffic and the distribution taxes applied by the operators of this country. It informs the Telecommunications Regulatory Authority of any measures taken to this effect and any difficulties encountered in the search for this objective.
When:
- the operator delivers international telephone traffic from or to countries where the equivalence of treatment is not provided, either directly or through a country not belonging to the European Economic Area;
- and that the Telecommunications Regulatory Authority finds, for the telephone traffic between France and this country, that the equal conditions of competition cannot be preserved for the benefit of other authorized operators,
the operator may be required, at the request of the Telecommunications Regulatory Authority, to offer to authorized 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, in conditions that restore the equal conditions of competition. The provisions of sections L. 34-8 and L. 36-8 apply to requests made by other operators and to agreements reached in this framework.
The application of this clause is carried out in accordance with the international commitments undertaken by France.
Chapter XV
Requirements
interoperability of services
In particular, the operator complies with the technical requirements established by the Telecommunications Regulatory Authority under the conditions laid down in Article L. 36-6 (3°) of the Post and Telecommunications Code and applicable to the network and services provided on that network to ensure their interoperability. The operator also complies with the interconnection conditions defined in Chapter XII that ensure interoperability of services.
Chapter XVI
Obligations to control the specifications
by the Telecommunications Regulatory Authority
The operator must provide the Telecommunications Regulatory Authority with figures for the operation of its network in the financial, commercial and technical fields. In particular, it undertakes to communicate to the Telecommunications Regulatory Authority the following information:
Without delay:
- any modification in the capital and voting rights of the authorized operator and, in the case of listed companies, any declaration of threshold crossing or modification of the members of the board of directors;
At least one month before their implementation:
- modification of one of the elements in the application for authorization;
- description of all services offered;
Before their implementation:
- rates and general terms of the offer;
According to a periodicity that will be defined by decision of the Telecommunications Regulatory Authority:
- traffic and turnover data;
- information on the qualitative and quantitative use of the resources allocated by the Telecommunications Regulatory Authority, including frequencies and numbers;
- the information necessary to calculate contributions to the universal service;
- the quality of service data, in particular with respect to the relevant indicators to assess it, and the traffic agreements signed with a French or foreign operator;
Within ten days of their conclusion:
- all interconnection conventions;
- special access agreements to the network.
When the operator contractually appeals to service marketing companies, it must ensure, in its contractual relations with these companies, that it fulfils its commitments with regard to the information to be transmitted to the Telecommunications Regulatory Authority.
At the request of the motivated Telecommunications Regulatory Authority for the exercise of one of its competencies, the operator provides other necessary information that is processed in accordance with business secrecy, including:
- contracts between the operator and distributors, resellers or marketing companies;
- all non-road public domain occupation conventions;
- Infrastructure sharing conventions;
- contracts with customers;
- any information necessary for the instruction by the Telecommunications Regulatory Authority of applications for conciliation in order to settle disputes between operators, in accordance with the provisions of Article L. 36-9;
- contracts with third country operators;
- any information necessary to verify compliance with the equal conditions of competition, including any agreements or contracts between the operator's subsidiaries, companies belonging to the same group or branches of activity of the operator distinct from those covered by this authorization.
The Telecommunications Regulatory Authority may exercise control over the conditions of the authorization. This control is carried out under the conditions defined by the Post and Telecommunications Code, including articles L. 32-4 and L. 36-13.
Chapter XVII
Taxes due for issuance, management
and control of authorization
The operator must pay the records, management and control fees, the amounts and terms specified in the financial laws.
Chapter XVIII
Equal treatment and user information
18.1. 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 general terms and conditions of the operator's offer, subject to maintaining the quality of service as defined in Chapter II of this Terms and Conditions. To this end, the operator organizes its network and service in such a way as to be able to meet, within appropriate time frames, any reasonable demand for its commercial offer. Customers must 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 the provision of the service provided under this authorization, which specify the terms and conditions for the renewal of contracts and, where applicable, any minimum contractual period, including those relating to the quality of service;
- rates of its offers, including tariff reduction formulas.
It provides this information, kept up-to-date, at its points of sale and by a free, real-time, telephone or electronic means at a reasonable rate.
The operator communicates this information to the Telecommunications Regulatory Authority before bringing it to the public.
18.3. Contracts
Contracts comply with the provisions of the amended Act of 10 January 1978 on consumer protection and information and do not contain a clause contrary to the Post and Telecommunications Code or the provisions made for its application.
Contracts with users for the provision of telephone service to the public specify at least:
- the general terms and conditions of offer, including the delivery times and the technical characteristics of the service and the types of maintenance services offered;
- information on the levels of service quality offered;
- the compensation granted by the operator to the user in the event of a breach of the quality requirements specified in Chapter II of this specifications;
- the appeal and compensation procedures available to the user in the event of damages incurred, including the conditions of friendly handling of disputes;
- the conditions for interruption of the service, in case of unpaid invoices, after the customer's stay. Except in the case of continued fraud, delay or default, these conditions provide, where technically possible, that only the service for which invoices remained unpaid is interrupted.
Each user receives the contracts with the operator for the benefits it subscribes.
Contractual conditions shall be communicated, upon request, to the Telecommunications Regulatory Authority.
18.4. Mode of marketing of services offered
If the operator wishes to contractually appeal to service marketing companies, the operator must ensure, in contractual relations with these companies, that they comply with their obligations under the operator's obligations set out in this specifications.
These companies may offer subscription contracts to the operator's service, which retains the responsibility for providing the service to these subscribers.
Done in Paris, August 7, 2002.
Nicole Fontaine
