Decision N ° 2005 - 0917 Electronic Communications And Postal Regulation Authority Of 27 October 2005 Laying Down The Final Assessments Of The Cost Of The Universal Service And The Contributions From Operators For The Year 2004

Original Language Title: Décision n° 2005-0917 de l'Autorité de régulation des communications électroniques et des postes en date du 27 octobre 2005 fixant les évaluations définitives du coût du service universel et les contributions des opérateurs pour l'année 2004

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JORF n ° 262, November 10, 2005 text no. 71 Decision n ° 2005 - 0917 electronic communications regulatory authority and positions of 27 October 2005 laying down the definitive cost of the universal service assessments and contributions of operators for the year 2004 NOR: ARTE0500098S ELI: not available the authority of electronic communications and postal regulation, having regard to directive 2002/22/EC of 7 March 2002 on universal service and users rights to the look for networks and electronic communications services;
Pursuant to law No. 2003 - 1365 31 December 2003 regarding the obligations of public telecommunications service and France Telecom.
Having regard to Act No. 2004 - 669 of 9 July 2004 on electronic communications and audiovisual communication services;
Having regard to law No 2005 - 516 of 20 May 2005 concerning the regulation of postal activities;
Saw the post and electronic communications code, and in particular articles L. 32 (15 °), L. 35 - 3 and R. 20-31 to RS. 20-39 in their issue drafting of Decree No. 2004 - 1222 17 November 2004 concerning public service obligations and the financing of the universal service of the electronic communication services and amending the code of post and electronic communications;
Having regard to the order of the Minister delegate for industry dated 25 November 2004 fixing for the year 2004 the amount monthly of telephone tariff reduction for certain categories of persons in respect of the universal service of electronic communications;
Having regard to the order of the Minister delegate for industry dated 25 November 2004 fixing for the year 2004 the amount maximum of available appropriations by Department for the management of telephone debts;
Having regard to decision No. 2003-1119 dated November 25, 2003 offering the provisional contributions towards the cost of the universal service for the year 2004;
Having regard to decision n ° 2005-0680 dated 26 July 2005 adopting the notice of declaration of the relevant turnover for the calculation of the final contribution to the funding of universal service for the year 2004 published in the Official Journal of 18 September 2005;
Having regard to decision No 2005 - 0789 electronic communications regulatory authority and positions as of 7 October 2005 fixing the final value of the rate of return on capital for the calculation of the final net cost of the universal service for the year 2004 foreseen by the article R. 20-37 of the code of posts and electronic communications published in the Official Journal of 19 October 2005;
Having regard to decision No 2005 - 0865 electronic communications regulatory authority and positions dated October 7, 2005, publishing the rules employed for the application of the methods referred to in articles R. 20-33-r 20-39 of code positions and electronic communications for the calculation of the final cost of the universal service for the year 2004 published on its website on October 7, 2005 and referred to the Official Journal of 19 October 2005;
Having regard to decision n ° 2005-0921 electronic communications regulatory authority and positions dated October 18, 2005 publishing for the years 2003 and 2004 certificates of compliance costs entering in the individualized accounts and in the operating accounts by product or service established by France Télécom as part of its regulatory obligations;
Having regard to opinion No. 2000-531 of the telecommunications regulatory authority dated June 9, 2000 on decision tariff No. 00086E concerning the request by France Telecom to offer social and the abolition of subscription rates "line low" France Telecom;
Having regard to opinion No. 2003-1112 of the telecommunications regulatory authority dated October 15, 2003, at the request of the company UPC France propose support for telephone debts to its subscribers;
After having deliberated on 27 October 2005, i. - Introduction I.1. On the financing of the universal service in article L. 35 device - 3 of the code postal and electronic communications, as amended by Act No. 2003 - 31 December 2003 1365 defines operative financing of the net costs of universal service obligations.
This net cost calculation methods are laid down by articles R. R 20-31. 20-39 of the code postal and electronic communications in their issue drafting of the provisions of Decree No. 2004 - 1222 17 November 2004 concerning public service obligations and the financing of the universal service of the electronic communication services and amending the code of postal and electronic communications. These methods are specified by rules, which, pursuant to the provisions of article r.. 20-40 of post and electronic communications code must be previously published by the authority.
This decision is designed to assess the final net cost of the universal service for the year 2004 obligations.
The rules used for the calculation of the final cost of the universal service for the year 2004 were adopted by the authority, on the basis of a public consultation carried out from 14 to September 30, 2005, in its decision No. 2005-0865 7 October 2005 published on its website on October 7, 2005 and mentioned in the Official Journal on October 19, 2005.
I.2. on the procedure followed by the authority the information necessary for the preparation of assessments of the cost of the components of universal service for the calculation of the final cost of the universal service for the year 2004 were provided by France Telecom on 30 September and 3, 7, 10 and 14 October 2005.
In addition, the accounts of France Telecom used for the calculation of the net cost of universal service obligations was audited by an independent body designated by the authority in decision n ° 2005 - 0140 dated February 10, 2005, pursuant to article L. 35 I - 3 of post and electronic communications code. The audit focused on data costs and revenue from the services taken into account for the assessment of the cost of universal service obligations, as well as the methods of data collection relating to the characteristics of the network and the traffic, from the France Telecom information system. The corresponding audit report handed to the authority on October 7, 2005.
In parallel with this work, the Authority conducted a notice of declaration of the relevant turnover for the calculation of the final contributions to the funding of universal service for the year 2004. This notice of declaration was the subject of a public consultation which took place from 8 to 22 July 2005, before being adopted by the abovementioned decision No. 2005-0680 26 July 2005. The Authority also carries out in an external control of the declarations of the turnover of services in electronic communications operators contributing to the funding of universal service for the year 2004, which were used to determine the contributions of these operators to the universal service Fund. This control has focused on statements by 37 operators contributors. The report corresponding to this mission was provided to the authority on October 11, 2005.
Finally, the authority has evaluated in its decision No. 2005 - 0789 dated October 7, 2005 the final value of the rate of return on capital for 2004 provided by article R. 20-37 of post and electronic communications code.
II. Evaluation of the net costs of the universal service II.1 components. Assessment of the net cost of levelling out obligations corresponding to the geographical equalization bonds net cost of this component is estimated according to the method set out in article R. 20-33 of post and electronic communications code. It is equal to the sum of the net costs relevant in unprofitable areas which are not served by an operator acting in the market conditions.
Model assessment of the net cost of unprofitable areas as indicated in decision No. 2005-0865 dated October 7, 2005, the authority has maintained for the year 2004 the choice of a cut in local areas. The authority has therefore used a model representing the economy of the France Telecom network with 35 local ranges classes characterized by their population density.
The pattern reflects the behavior of an operator subject to an equalization of tariffs and acting in market conditions, which develops the network from more densely populated areas to less dense areas. For each class of local areas, a net cost appears therefore that the additional cost incurred by the operator to serve this category of local areas is superior to direct and indirect revenue withdrawn the utility of this class of local areas. The model considers the operator seeks to maximize his profit by stopping its deployment when any further extension of its network decreases it.
Unprofitable areas are by definition those that the operator would not serve under these conditions and the net cost of the requirement of geographical Equalization of rates is the sum of the net costs of unprofitable areas.
Costs and revenue recorded in 2004 provided by France Telecom and audited data were introduced in the model used by the authority.
The model is also based on the rules adopted by the authority in its decision of 7 October 2005, supra, adopted following the public consultation conducted from 14 to September 30, 2005.

The final net cost of unprofitable areas for the year 2004, before taking into account intangible benefits, amounts to 57,465 million euros, representing 1.3 million analog subscribers, or 4.6% of the number of main lines analog, and located in local areas having less than 21.5 inhabitants per km².
In decision No. 2003-1119 above, this cost was assessed provisional way to EUR 180,207 million for the year 2004, including 5,358 million euros in respect of profitable areas unprofitable customers.
II.2. assessment of the net cost of the obligation to provide certain categories of customer-specific tariffs to ensure access to telephone service authority had retained a cost provisional for this component of 36,295 million euros, corresponding to the amount of the last final evaluation of this component.
The reduction of the phone bill the offer of specific rates provided for in article R. 20-34 was implemented on July 1, 2000. Potential beneficiaries, who receive a certificate sent by their social organization (national family allowance Fund, National Union for employment in industry and trade or Central Fund of agricultural social mutuality), return to the provider of the social tariff reduction if they wished to benefit from the device. The social tariff reduction implemented by France Telecom amounted in 2004 to 5.02 euros pre-tax per month and per beneficiary.
In the assessment of the net cost of the universal service, the amount taken into account for the compensation of operators is 4.21 euros per month and per beneficiary, in accordance with the Decree of the Minister delegate for industry as of November 25, 2004. In December 2004, 706 505 beneficiaries were the telephone tariff reduction, which represented, for the year 2004, a total of EUR 35.497 million tax-free.
Article R. 20-34 of post and electronic communications code States the amount of the compensation paid to each operator by the universal service of electronic communications Fund is equal to the cost net tariff offer in addition to the management costs incurred by the managing bodies and by the claimant for the management of the device of tariff reduction on behalf of operators".
These management costs amounted to EUR 2,752 million in 2004. These costs are at the expense of management of social organisations and the managing body of the social discount rate. They correspond to the cost of postage of the certificate and personnel expenses of employees social organizations assigned to this operation, and the Manager of the social tariff reduction device.
Support of telephone debts the amount of telephone debts support rises for the year 2004 to 0.949 million euros, on the basis of the figures provided by France Telecom.
According to the information available to the authority, the UPC company, which was proposed to be claimant of a portion of the component of support of telephone debts, did not benefit in the calculation of the cost of the universal service in 2004.
Synthesis in total, to the title of the final cost for the year 2004, the net cost of the component of social tariffs, before taking into account intangible benefits, totalled 39,198 million euros. This net cost does not exceed the ceiling fixed in 0.8% of the turnover of the telephone service to the public of the year, in accordance with article R. 20-34 of the code.
II.3. assessment of the net cost of obligations to provide service to the territory in telephone booths installed in the public domain the evaluation of this component is established in accordance with the rules adopted by decision n ° 2005-0865 and the aforementioned authority from operating accounts activity TDD and the number of payphones by municipality, information provided by France Telecom and audited.
The final net cost of this component for the year 2004 is EUR 18,598 million before taking into account intangible benefits. It corresponds to taking account of 26 468 cabins in the 24 521 municipalities for which the number of cabins meets the standard set by Decree No. 2004-1222 17 November 2004 referred to above and for which payphones activity is insufficient.
This figure is net decrease compared to the provisional assessment of this component which amounted to EUR 23,839 million. This decrease reflects the reduction of costs and the increase in prices from the TDD implementation from the month of August 2004 (see opinion No. 2004-634 of July 22, 2004 decision on tariff item No. 2004104).
II.4. Evaluation of the cost net of obligations corresponding to the supply of a service of information and a directory of subscribers in printed and electronic form perimeter excluding induced calls and products 'Pages jaunes', 'Directories and information services' component is deficit of EUR 45 million.
Calls induced the activity report 2004 France Telecom indicates that site «pagejaunes.fr» is the subject of 31.9 million visits per month. Data directories consultation paper and minitel are otherwise available for previous years.
From information supplied by France Telecom, the Authority considers that a consultation of products 'White Pages' or 'Yellow Pages', in printed or electronic form, or a visit to the "pagejaunes.fr" site is followed by a call in 40% of cases on average.
Based on available data, and taking into account an estimate of the share of induced calls on alternative networks of France Télécom, can evaluate the net benefit concerning calls induced more than 45 million euros.
Products 'Pages jaunes' 2004 France Telecom financial report indicates that turnover in France for Yellow Pages is EUR 908 million. He said also the turnover including also the international and subsidiaries, amounting to EUR 984 million, as a result of operation on the same perimeter, amounting to EUR 403 million. The only products 'Pages jaunes', on french territory, therefore represent an operating profit of hundreds of millions of euros.
The assessment of the net cost of the component indicated as well as taking into account induced calls and products 'Pages jaunes', "Directory and information service" component is a beneficiary.
As a result, the net cost of the component is zero.
II.5. the evaluation of induced benefits from being operator of universal service in accordance with article R. 20-37-1 of the post and electronic communications code, intangible benefits include:-the technical and commercial benefit resulting from the scope of the network to an operator acting in the market conditions for the connection of new subscribers;
-earnings to improve in time the economic capacity of subscribers with the universal service;
-the profit derived from the exploitation of data relating to subscribers, to the knowledge of the market;
-the profit of the brand associated with the position of universal service operator.
The authority has carried out on the intangible benefits since 1998:-she in particular established in 1999 a methodology to assess the benefit to the brand;
-further to the judgment of the Court of justice of the communities European, she assessed all the immaterial for the final years 1998 benefits, 1999, 2000, 2001, 2002 and 2003.
It is also aware of studies by firms on behalf of the AFORS or France Telecom, and led an international review of the evaluations in this area.
The table below presents the main results.
You can consult the table in OJ No. 262 of 10/11/2005 text number 71 these factors have led the Authority during the decision to prefer continuity in the use of the methods that it had already used. In this spirit, it has updated its previous assessments.
It will work in 2006, in consultation with the sector, to develop the methodology to evaluate these benefits.
The technical and commercial benefit resulting from the scope of the network (linked to the ubiquity effect) technical advantage is taken into account in the model for calculating the cost of geographical equalization, through modeling in avoidable costs (see decision No. 04-1066).
As a result, it has not be taken into account again and isolation this advantage.
France Telecom may withdraw a commercial advantage of its status as an operator of universal service when a Subscriber moves from a non-profitable zone to a profitable area: this Subscriber will address more easily to France Telecom because he knows that France Telecom is present. However, this advantage is before everything related to the fact that France Telecom is the incumbent or dominant operator, rather than its status as an operator of universal service.
The Authority considers that this advantage is very low, especially as the number of access by competing local loop of France Telecom remains marginal. It evaluates 0.112 million euros.
The earnings improvement in time of economic capacity of subscribers with the universal service (life cycle-related effects)

An operator acting in market conditions may wish to connect a box or a payphone now unprofitable, in anticipation of the upcoming evolution of its revenue and its cost.
With regard to areas, this effect may be taken into account by projecting total costs and revenues on a five-year study horizon: should be regarded as unprofitable areas which are on the period of the study. In other words, the advantage associated with life cycle is equal to the net cost for the areas that are not profitable for the year under review but are on the whole of the period taken into account. For 2004, because of the evolution of the costs and revenue of France Telecom, any uneconomic zones in 2004 would become it over a period of five years.
Payphone revenues are continuing decline in particular through the development of mobile telephony, and will likely continue to decrease. A uneconomic payphone in 2004 will be likely yet more term. Therefore, the advantage linked to the evolution in time economy of unprofitable payphones is null for the year 2004.
Therefore, it has not taken into account life-cycle effect in the assessment of the cost of universal service 2004.
Profit from exploitation of data relating to subscribers the benefit derived by France Telecom's data before it can be taken into account only in so far that these data concern only unprofitable areas.
The Authority assesses 0.202 million euros profit derived from the exploitation of data relating to subscribers for 2004.
The profit of the brand associated with the position of universal service operator the evaluation of the benefits derived from the image of brand in 2004 was made from a methodology developed by the authority, which is based on the results of the survey conducted by a polling Institute end of 2000. Applied to the turnover of France Telecom on the residential segment, this methodology enhances 81,664 million euros the advantage, in terms of brand image, that withdraw France Telecom from its status as an operator of universal service in 2004.
Balance sheet total the amount of intangible benefits totalled 81,978 million euros, which are distributed as shown in the table below: you can consult the table in OJ No. 262 of 10/11/2005 text number 71 II.6. Summary the following table presents the cost of universal service by component, without taking into account intangible benefits: you can consult the table in OJ No. 262 of 10/11/2005 text number 71 II.7. Offsetting the cost of the universal service, deducted the intangible benefits, amounts to EUR 33,284 million in 2004. It is decreasing from previous years (125 million in 2002 and 53 million EUR in 2003), due especially to lower costs of geographical Equalization and of the TDD.
The Authority considers with regard to this amount of place to implement the mechanism of compensation in accordance with article L. 35 - 3 - III of the code.
II.8. management fee contributions are to increase management costs of the Caisse des dépôts and consignations, amounting to 29 301 euros, level of amount validated by the Monitoring Committee of the Fund as of November 10, 2004.
It should be noted that the Caisse des Dépôts et consignations does more VAT invoice in respect of its management fees.
II.9. unpaid article R. 20-39 of the post and electronic communications code States that "If an operator fails, and if the amounts owed by the operator shall not be recovered within a period of one year from such failure as mentioned in article R. 20-43, they are charged during the next fiscal year this finding on the accounts of the other carriers in proportion to the share of each calculated in the manner described above. ", and at the same time as the following final balance paid.
No unpaid claim recorded in the final year of 2002 corresponds to an operator in liquidation, and the process of recovery of claims for the final exercise of the year 2003 is still ongoing. The amount of shared unpaid is therefore nil.
III. - Distribution of contributions between the operators the full cost of the universal service for the year 2004 is funded through the universal service Fund. Operators have reported to the authority their turnover figures achieved in respect of services of electronic communications in accordance with article R. 20-39 of the code. These values are used to determine, for each operator, its net contribution to the universal service Fund.
III.1. key allocation of the cost of the USPS among contributors the drafting of article L. 35-3 of code of posts and electronic communications has in the second paragraph that: ' the contribution of each operator to the financing of the universal service is calculated in proportion to its turnover in respect of the electronic communications services, excluding one realized the benefits of interconnection and access subject to the conventions defined in article L I. 34-8. and the other services carried out or invoiced on behalf of third-party operators. This article provides that this new key distribution applies as from the final evaluation of the year 2002.
Decree No. 2004-1222 17 November 2004 concerning public service obligations and the financing of the universal service of the electronic communication services and amending the code positions and electronic communications, published in the Official Journal on November 19, 2004, specifies the conditions for the application of the new legal regime applicable to the calculation of the cost of the universal service.
Thus, article R. 20-39 of the post and electronic communications code amended provides that: "operators contributing to the universal service Fund are the operators of networks open to the public and providers of electronic communications to the public.»
The contribution of each operator to the financing of the universal service is calculated in proportion to its turnover in respect of services of electronic communications, excluding: 1 ° of the turnover achieved in respect of the benefits of interconnection and access subject to the conventions defined in the I of article L. 34 - 8 and other benefits made or invoiced on behalf of third party operators;
2 ° the turnover in respect of routing and the dissemination of radio and television as well as the operation of collective antennas.
In offerings combining radio or television services to electronic communications services, the contribution of the operator is established in proportion to the single turnover related to electronic communications services.
For the calculation of the contribution, it is practised an allowance of EUR 5 million on annual turnover thus calculated. "Decision No 2005 - 0680 dated 26 July 2005 above adopted the notice of declaration of the turnover relevant for the calculation of the final contribution to the universal service Fund for the year 2004 taking account of the regulations laid down by Decree No. 2004 - 1222 of November 17, 2004.
III.2. contributors: contributors to the universal service electronic communications operators are operators as defined in article L. 32 (15 °) of the post and electronic communications code: "any natural or legal person operating an electronic communications network open to the public or providing public electronic communications service".
III.3. What is credited to the France Telecom operators provides only the set of the components of the universal service. As a result, France Telecom is credited all of the net cost of the universal service calculated in II.6.
The amount credited to the France Telecom includes the cost of management of social organizations and the claimant of the social tariff reduction amounts amounting to EUR 2,752 million charge for France Telecom to pay back to the agencies and provider concerned.
For its part, UPC France has not communicated to the authority of data relating to the costs it would have incurred in support of telephone debts and is therefore entitled to compensation.
III.4. What is charged to the operators assessment of relevant turnover of each relevant turnover declarant to determine the contribution of each registrant is obtained from the operators statements made according to the rules laid down by the notice of declaration adopted by the Authority (decision No. 2005-680 dated July 26, 2005).
Relevant sales taken into account is equal to that specified by the operator, if necessary retired by the authority following the audits carried out.
While declaring abatement for which the relevant turnover is less than or equal to the amount of the reduction of EUR 5 million defined in article R. 20-39 of the post and electronic communications code is not contributor.
Any registrant for which the relevant turnover is strictly greater than the amount of the reduction is contributor. Said turnover is reduced by the amount of the reduction (EUR 5 million) to obtain a final turnover. It is this final turnover that is basis for the calculation of the contribution of each operator.

The turnover total relevant communicated by all operators, and retired as appropriate by the authority following the audits amounts to 33 538,440 million euros. Taking into account the reduction of EUR 5 million, turnover retained for the calculation of the share of each of the contributors in the financing of the cost of universal service is the final 33 190,217 million euros, an increase of 5.16 per cent compared with the year 2003.
Evaluation of the gross contribution of each contributor pro rata to each contributor operator is determined as the ratio of its sales final (deducted abatement) reported to the sum of the final turnover figures of all operators contributors.
This ratio is applied to the net cost of universal service (33,283 million euros) plus management costs (29 301 euros) to determine the gross contribution of each operator.
Total amount (EUR 33,313 million) reported total turnover of reference (after discount), 33 190, 217 million euros, represents a rate of levy of about 0.10% in 2004 (compared to 0.17% in 2003 and 0.42% in 2002).
Operators did not complete reporting authority finds that almost all operators have transmitted their declaration and statements which have not been carried out correspond to operators whose relevant turnover is likely to be less than the amount of the reduction. In the case where the authority has not received a statement at the time, she, if that were possible, evaluated it from previous years and the overall increase in the relevant market declared statements. The Authority also reserves the possibility of sanction appropriate procedures against non-reporting operators pursuant to article L. 36 - 11 post and electronic communications code.
III.5. the net contribution of an operator in application of articles L. 35 - 3 and R. 20-39 of the post and electronic communications code, the credit of an operator is higher than his rate, if credit towards the universal service Fund.
Conversely, if an operator credit is lower than its rate, it is debtor towards the universal service Fund. The difference between throughput and its credit represents its net contribution to the universal service Fund.
In other words, the net contribution from a contributor, positive or negative, is equal to the reduced gross contribution, where appropriate, the net cost of the provision of universal services that it provides.
The attached annex sets contributions established in respect of this decision.
The difference between the sum of the amounts due by the debtor operators and the due payable operators is at the expense of the Fund management and unpaid invoices.
III.6. regularization any gap between the final and provisional values of the net cost of service obligations universal gives rise to regularisation. It can result for a particular Contributor, either by a balance of contribution to be paid (NET regularization debtor), the reimbursement of an overpayment (credit net regularization).
The calculation of the amount of this adjustment takes into account on the day of its evaluation:-called (not updated) amounts in respect of the provisional deadlines and dates of these deadlines.
-amounts actually paid to the title interim deadlines and the effective dates of such payments;
-called (not updated) amounts in respect of default interest due in respect of one or more payments late, partial or not done, and the dates of these maturities of interest;
-the interest actually paid and the dates of such payments;
-interest, for each of the two deadlines of provisional, on the amount of the difference between the amount called when this deadline and half of the final contribution for the period between the date of this provisional date and final regulation, pursuant to article R. 20-39 (those interests do apply to contributors having been notified a provisional call);
-the net (not updated) contribution due.
This regularisation shall be notified to the relevant contributors.
For contributors with a debtor NET regularization (case where a balance is due), the overdue notification that is sent to them shall specify the date. Any delay in payment is legal interests coming to increase the originally notified sum, regardless of the sanction procedures for failure to comply with the financing of the universal service obligation.
Contributors having a credit net regularization receive their share of the money collected other contributors within 10 days of the due dates or later in the case of late payments of other contributors. It should be noted as such that, on the one hand, in the case of a late payment, contributors having a net contribution credit are recipients of interest levied and that, on the other hand, due to the potential of some contributors failures, the amounts actually collected by the contributors having a net contribution credit may be ultimately less than the amount initially notified by the authority.
It belongs to the operators newly contributors from the provisional assessment 2004 (including providers of internet access, operators of prepaid cards and data transport providers) who would be seen indirectly charge by an authorized operator in 2004 a share in respect of the provisional cost of the universal service 2004, to assert their new situation with the latter.
IV. Conclusion the authority, by this decision, evaluates, definitively for the year 2004, and after taking into account intangible benefits, the net cost of EUR 33,283 million universal service obligations including: 57,465 million euros for the tariff obligations corresponding to the obligations of geographical Equalization;
39,198 million euros to social tariffs;
18,598 million euros for the servicing of installed telephone booths on the public domain territory;
0 euro for the cost of the obligations corresponding to the supply of a service of information and a directory of subscribers in print and electronic format;
81,978 EUR million in decrease of the cost of the universal service, all combined components in respect of intangible benefits.
It should be added to this amount 29 301 euros in costs of management of the Caisse des Dépôts et consignations.
The difference between the provisional assessment of the cost of the universal service for the year 2004 and its final assessment stems mainly from the decline of components of geographical Equalization and the TDD, and more precisely in the case of the geographical equalization, lowering the net cost component of the analog telephone service in unprofitable areas.
Decided as follows: Article 1 the net cost corresponding to the obligations of the universal service in respect of the year 2004, increased management fees, is of 33,283 million euros. This amount constitutes an excessive burden and gives rise to compensation.


Article 2 the net contributions from operators to the funding of universal service for the year 2004 are those listed in annex I to this decision.


Article 3 the Director general of the authority is responsible for the implementation of this decision, which will be published in the Official Journal of the Republic French and notified to operators in the annex.


Annex A N N E X E I to the DECISION N ° 2005-0917 CONTRIBUTIONS final year 2004 universal SERVICE Fund you can consult the table in OJ No. 262 of 10/11/2005 text number 71 you can consult the table in OJ No. 262 of 10 / 11 / 2005 text no. 71 A N N E X E I I to DECISION No. 2005-0917 DETAIL of final CONTRIBUTIONS to the universal SERVICE Fund of The year 2004 the Group FRANCE TELECOM you can consult the table in OJ No. 262 of 10/11/2005 text number 71 fact in Paris, October 27, 2005.
President, P. Champsaur

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