Key Benefits:
Having regard to Directive 2002/22/EC of the European Parliament and the Council of 7 March 2002 on universal service and user rights in relation to electronic communications networks and services (the Universal Service Directive);
Considering the post and electronic communications code, including articles L. 33-1, L. 35 to L. 35-8, L. 36-7, R. 20-30 to R. 20-44 and D. 369 to D. 379;
Considering the consumer code, including articles L. 121-83, L. 121-84 and L. 121-85;
Having regard to Act No. 2003-1365 of 31 December 2003 on the Public Service Obligations of Telecommunications and France Télécom;
Having regard to Act No. 2004-669 of 9 July 2004 on electronic communications and audiovisual communication services;
In view of the draft Decree on Tariff Control of the Universal Electronic Communications Service;
Considering the draft decree on the conditions for the establishment and operation of networks and the provision of electronic communications services;
As part of the procedure provided for in Article L. 35-2 of the Post and Electronic Communications Code, the Minister responsible for Electronic Communications calls for applications for the designation of an operator to provide the component of the universal service provided for in Article L. 35-1 of the Post and Electronic Communications Code.
This call for applications is composed of two parts, supplemented by two annexes:
The first part concerns the main provisions applicable to the provision of the component of the universal electronic communications service provided for in Article L. 35-1;
The second part is related to the general conditions of the procedure for appointing an operator to provide the component provided for in the 1st of Article L. 35-1;
The annex contains the service quality indicators (Annex 1) and the tariff information to be provided by the candidates (Annex 2).
Section L. 35-2 of the Post and Electronic Communications Code provides that the Minister responsible for electronic communications shall designate the operators responsible for providing the components of the universal electronic communications service.
To do so, a ministerial order will be issued, to which a specification of the duties and obligations of the designated operator will be annexed.
The provisions specified in items 1 to 17 below correspond to the minimum requirements for the terms of reference. The operator also has an obligation to comply with the provisions of the Post and Electronic Communications Code, including Article L. 33-1.
These minimum obligations may be supplemented by additional commitments made by the designated operator to help enrich the universal service offering at an affordable price.
1. Definitions
The terms used in this document have the same meaning as in the Post and Electronic Communications Code, unless otherwise stated.
The articles cited are derived from the Post and Electronic Communications Code, unless otherwise stated.
Operators shall mean the operator designated by the Minister responsible for electronic communications to provide the component of the universal service provided for in Article L. 35-1.
2. Obligations to provide services
The geographic area covered by the postal code and electronic communications is formed by the metropolitan territory, overseas departments, as well as the communities of Saint-Pierre-et-Miquelon and Mayotte.
The operator continuously ensures the availability of the universal service offer described in this document on the above-mentioned geographic scope for all users, in accordance with the principles of equality, continuity and adaptability.
The operator provides, to any person who makes the request:
A connection to a public telephone network;
A subscription offer to issue and receive telephone communications, fax communications and data communications at sufficient rates to allow Internet access;
An offer of telephone communications from and to the metropolis, overseas departments, communities of Mayotte and Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Wallis-et-Futuna and French Southern and Antarctic Lands, as well as foreign countries.
3. Quality of service
The operator complies with the service quality obligations defined by its specifications. These obligations are based on the operator's commitments under the indicators set out in Annex III to Directive 2002/22/EC of the European Parliament and the Council of 7 March 2002 on universal service and user rights in relation to electronic communications networks and services (the "universal service" directive) and are reproduced in Annex I.
The operator must at least respect the values listed in Appendix I.
In particular, the operator shall make the necessary connections as soon as possible, in accordance with the service quality objectives set out in annex I to this document. In the event of non-compliance, the subscriber has financial or commercial compensation.
The operator communicates to the Minister responsible for electronic communications and publishes the values of the quality of service indicators listed in Appendix I annually.
4. Obligation of information and other technical provisions relating to the provision or withdrawal of offers (excluding tariff information)
The operator complies with the requirements of sections R. 20-30-8 and R. 20-30-9.
5. Service billing
The operator ensures that subscribers receive free detailed billing on their application for universal service benefits.
If the operator directly or indirectly offers a comprehensive service, including a universal service offer and services that are not part of the universal service, the operator separates, under the terms of the offer and billing, as well as in the contract with the user, which is, on the one hand, of the universal service and, on the other, of the other services.
6. Selective prohibition of appeals
In addition to the detailed billing, the operator provides subscribers, on their request, with the following services listed for the selective prohibition of outgoing calls proposed under its telephone service offer:
- prohibition of international appeals;
- prohibition of long distance calls;
- banning national calls to mobile devices;
- prohibition of calls to the numbers of the national numbering plan implementing mechanisms for the final recipient of the communication, or partially paid by the latter.
7. Measures for disabled users
The operator provides disabled subscribers with access to tariff information, contractual documents and billing through a means adapted to their disability. This includes translation into Braille, on the request of the users concerned, for blind people. For deaf or hearing impaired people, the operator provides a message exchange service written from a fixed position (minimessages).
8. Emergency calls
The operator ensures the free transmission and delivery of emergency telephone calls under the conditions specified in Article L. 33-1. It does not receive compensation under the universal service for this.
9. Financing
The universal service fund shall provide, under the conditions provided for in sections L. 35-3 and R. 20-31 to R. 20-44, the financing of the net costs of the obligation to provide the component of the universal service provided for in 1° of Article L. 35-1.
10. Mandatory services
The operator shall provide on the entire territory the mandatory services defined in Article L. 35-5 of the Post and Electronic Communications Code:
1. A leased link service, providing transmission capacity between network connection points, under the conditions set out in sections D. 369 et seq. This service corresponds, on the date of publication of this call for applications, to the minimum set of leased links published in the Official Journal of the European Communities. It includes the following types of leased connections: with regular-quality vocal bandwidth (two- or four-wire analog), with special-quality vocal bandwidth (two- or four-wire analog), 64 kbit/s digital, 2,048 kbit/s unstructured and digital at 2,048 kbit/s structured.
The operator undertakes to respect the standard deadlines by providing penalties for non-performance of recovery periods;
2. A service integration digital network offer;
3. A data switching offer per packet;
4. An advanced voice-telephone service offering that includes the following services: keyboard numbering or DTMF (Voice frequency signaling); identification of the call line; direct selection on arrival; automatic referral of calls.
11. Geographical equation of rates
and affordable pricing
Connection, subscription and communications rates are consistent with the principle of equality and are established to avoid discrimination based on geographical location. However, the operator provides the conditions under which the connections of certain subscribers are made in the event of exceptional difficulties. The operator offers affordable and cost-oriented rates.
The prices of subscriptions are identical throughout the metropolitan area and overseas departments. Specific tariffs may, however, be applied in Guyana, in the northern islands of Guadeloupe (Saint-Martin and Saint-Barthélemy), in Mayotte and Saint-Pierre-et-Miquelon to take into account the specific situation of these territories.
This tariff equalization principle does not preclude the operator's prediction of commercial provisions adapted to the different categories of customers based on objective and transparent pricing criteria based on the distance of the call for communications.
The operator also maintains, for a year, in the event of default of payment, a restricted service with the possibility of receiving calls as well as sending telephone calls to free services or emergency services for the benefit of the debtor seized pursuant to Act No. 91-650 of 9 July 1991 on the reform of civil enforcement procedures and the debtor which is the subject of measures provided for in Articles L. 330-1 and following of the Consumer Code.
The operator offers one or more reduced rates for communications from or to overseas departments, Mayotte and Saint-Pierre-et-Miquelon communities, New Caledonia, French Polynesia, Wallis-et-Futuna and French Southern and Antarctic Lands at low-demand times.
The operator's tariffs include one or more reduced rates for communications on the territory of the European Union at low-demand times.
The operator's rates are controlled under section L. 35-2. A decree in the Council of State will specify the procedures for controlling the tariffs of the universal service of electronic communications.
Without prejudice to the specific provisions that may be provided under section L. 35-2 in respect of tariff control, the operator shall communicate the changes to the tariffs of the universal service to the Minister responsible for electronic communications and to the Telecommunications Regulatory Authority, eight days before they are notified to consumers and users.
12. Consumer tariff information
The operator establishes a catalogue of prices for universal service and mandatory services.
This catalogue is freely available in the operator's business agencies and points of contact with customers, and is available in real time at a reasonable rate by an electronic means.
13. Specific measures in favour of certain
categories of persons
The operator sets up a specific tariff device for persons with low incomes under the conditions set out in R. 20-34.
14. Commercialization of the service
The operator may, after agreement of the Minister responsible for electronic communications, entrust the supply or marketing of part of the universal service or mandatory services to one or more other companies. It concludes with them conventions that guarantee the maintenance of the obligations defined by the Post and Electronic Communications Code and its terms of reference. The operator remains solely responsible for the fulfilment of these obligations.
15. Accounting provisions
In accordance with section R. 20-32, the operator maintains an information system as well as an accounting of services and activities, which must allow, inter alia, to verify compliance with the principle of tariff orientation to costs and to assess the net cost of universal service.
Relevant elements of the information system and accounting data are kept at the request of the Telecommunications Regulatory Authority. They are audited periodically, at the operator's expense, by an independent agency designated by the Telecommunications Regulatory Authority, so as to allow an annual update of the elements and data required for the application of Chapter III, section 2, title I, of Book II, of the Post and Electronic Communications Code. Auditors must be independent of the auditors of the operator. They publish a compliance statement following the audit.
16. Duration of designation
Without prejudice to the provisions of Article L. 35-8, and pursuant to Article R. 20-30-12, the operator shall be designated for a period of four years from January 1, 2005, i.e. until December 31, 2008.
17. Inclusion of new services and revision
obligations of the operator's specifications
In the event of a review of the obligations relating to the universal service component covered by this call for applications, during the period of development of the universal service provided for in the preceding point, the obligations described above may be amended in consultation with the operator. In the event of substantial changes, a new call for applications will be launched.
The procedure for the designation of an operator for the provision of the component of the universal electronic communications service provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code includes three phases. They are:
Step one: constitution and filing of applications.
Deadline for filing files: 16 December 2004;
Step 2: Review of applications and selection of an operator.
Deadline for filing files: December 2004;
Step 3: CSSPPCE consultation, publication of the operator's ministerial designation order.
Deadline for filing files: end of December 2004.
This is a forecast calendar.
This Part describes the general conditions for each of these steps.
FIRST PHASE
Constitution and submission of applications
1. Establishment of applications
Each application must be submitted in French, in its entirety, including the annexes.
The application must include all the information listed below, in accordance with the order of the paragraphs.
1.1. Information on the candidate
The candidate must be a single natural or legal person and constituted at the time of filing the application.
It will provide the following information:
(a) Identity (denomination, legal form, head office, proof of registration in the trade register and companies or equivalent, statutes, composition of the board of directors, shareholder pact, pre-emption rights, veto rights, power of appointment of leaders, agreements between companies);
(b) Composition of the shareholding;
(c) Annual social accounts for the last two fiscal years (balances and audited and certified results) of the candidate company;
(d) Description of current industrial and commercial activities, including in the field of electronic communications; activity reports for the last two exercises can be usefully provided.
1.2. Service delivery commitments
(a) Description of the telephone service offered
The candidate will specify the offers by which he intends to respond to the obligation to provide the universal service component of this call for applications, in particular with regard to the available rates for Internet access.
The candidate will describe the technical means available to provide this component of the universal service and the mandatory services referred to in Part I, paragraph 10. It will describe the general architecture of the network used for the provision of the service, the terms and conditions for the creation of the network, the transmission supports and the modes of access to the network and the intended service. It will also specify the measures it plans to take to ensure the permanence and availability of the service, the human means (number of people, qualifications, organization, location...) and the techniques it plans to implement to ensure the technical and commercial deployment and operation of the network.
(b) Tariff offer
The applicant will indicate the level and method of calculating the rates that the applicant intends to pursue in accordance with Appendix II to this notice of application. It will specify in what tariff terms it will ensure the connections of certain subscribers in the event of exceptional difficulties, the maintenance of the restricted service provided for in the second paragraph of Article L. 35-1 and the consideration of the particular difficulties of certain categories of persons related to their income level. It will indicate the services it plans to propose to allow users to control the costs of telephone communications.
(c) Net cost of universal service
The candidate will present an assessment of the net cost of universal service.
This evaluation will be provided in both paper and electronic form to allow for an audit of advanced cost coherence with the calculation methods set out in sections R. 20-31 et seq. of the Post and Electronic Communications Code. The assumptions and quantitative data provided by the candidate will be clarified. The link between service assumptions (exchange of prices and volumes) and the net cost of universal service should appear.
(d) Quality of service
The candidate will specify his or her commitments with respect to the quality of service indicators in Appendix I and the means he or she intends to implement them.
(e) Mandatory service offer
The applicant will describe its mandatory service offering. It will provide the tariff information in accordance with Appendix II to this notice of call for applications and indicate the means it intends to implement. With regard to the service of leased links, he will specify the terms and conditions for the provision of this service and the quality of service objectives in accordance with the provisions of articles D. 370 et seq.
(f) Relations with subscribers and service users
The candidate must present the structure of his or her commercial network. It will provide the standard contracts that it plans to enter with its customers and indicate how it intends to market its service in the DOMs as well as in Mayotte and Saint-Pierre-et-Miquelon.
It will describe how it plans to meet consumer information obligations in billing, reporting values resulting from quality of service indicators and the establishment, withdrawal or modification of a universal service offer.
(g) Measures taken to promote end-users with disabilities
The applicant will present the measures it will take to allow persons with disabilities to access the telephone service as described in 1° of Article L. 35-1 in conditions equivalent to those of other users. It will include how it intends to ensure access to tariff information, contractual documents and billing. It will specify the price of all these measures.
2. Submission of applications
Each file must be sent in 10 copies, distributed, for the body of the folder, in 6 paper copies and 4 electronic copies (cedroms or disks).
In addition to the items listed in I of this document, each file must be accompanied by a mail, signed by a person authorized to hire the candidate.
Applications must be filed, against receipt, by 16 December 2004, at 12 p.m. local time, at the DIGITIP, 12 Villiot Street, 75012 Paris.
In the event of mailing or by a carrier, applications must be submitted before the same date and time.
Applications filed or completed after the dates and times specified in the preceding paragraphs will be dismissed from the proceedings. Applications submitted by any other means not provided for in these paragraphs will also be excluded from the procedure.
SECOND PHASE
Review of applications and selection of an operator
1. General description of the procedure
As of 16 December 2004, applications will be reviewed.
The accuracy of the applicant's commitments will be an element in helping the Minister's electronic communications services to instruct the submissions, as it will assess the consistency of each project.
To this end, questionnaires may be sent to candidates in order to obtain clarification on certain aspects of their offers.
The successful candidate will be the one who will present the offer deemed to be the most suitable for providing quality universal service at an affordable price.
In order to ensure the transparency of the selection process, candidates will be departed on the basis of criteria defined in this notice of application.
2. Selection criteria
and Criteria Weighting System
Each application will be the subject of a global rating. It will be the sum of the grades assigned to the candidate for each of the selected selection criteria. Seven criteria will be considered for a global rating of 500. The successful candidate will be the one who has been best rated. If several candidates obtain the same rating, they will be departed with respect to their rating of the four main criteria of choice.
2.1. Nature and method of rating of selection criteria
The selected selection criteria and their rating are as follows:
You can see the table in the OJ
n° 274 of 25/11/2004 text number 111
2.2. Definition of selection criteria
The selection criteria are defined as follows:
(a) Universal service and operator capacity
the service described in 1° of Article L. 35-1
This criterion is appreciated in terms of the offer and the characteristics of the size and coverage of the candidate's network, the available rates, the guarantees in terms of permanence and the availability of the telephony offer and the sufficiency of the means implemented.
(b) Tariff offer
Affordable pricing will be reviewed. It will be taken into account the tariff offer for certain categories of users (disadvantages or residents outside the metropolis).
(c) Net cost of universal service
The amount of each component of the net cost will be taken into account. The appropriateness of its evaluation with respect to the calculation methods provided by the Post and Electronic Communications Code will be examined.
(d) Quality of service
The quality of the service offered will be appreciated in relation to the operator's proposals for the indicators presented in Annex I. The means to achieve these quality objectives will be examined.
(e) Mandatory services
It will take into account the nature and price of these services and the means implemented.
(f) Relations with subscribers
and users of the service
The quality of the relationship with subscribers and users of the service will be appreciated through the analysis of the main provisions of the standard subscription contracts (clarity and compliance with the requirements of the consumer law of these provisions, duration of the commitment and modalities of conclusion and termination of the contract) as well as through the operational structure of processing the customer relationship (organization and capacity of the call processing centres in particular). The clarity of tariff information will also be examined.
(g) Taking into account the needs of persons with disabilities
This criterion will be appreciated in terms of the nature and price of services offered to persons with disabilities.
2.3. Method of departure of candidates
in the event of an equal number of global notes affected
In the event of an equal number of grades assigned to two or more candidates who may be selected, they will be departed as follows:
You can see the table in the OJ
n° 274 of 25/11/2004 text number 111
The successful candidate will be the one with the highest overall rating of 400.
In the event of a new equality between two or more candidates, they will be departed by random draw.
2.4. Denial of successful candidate
In the event that the successful candidate after the selection process decides to waive the universal service, the candidate who has obtained the best rating in the order of the established classification will be selected.
2.5. Unsuccessful applications
In accordance with the provisions of section L. 35-2 of the Post and Electronic Communications Code, in the event that the call for applications is unsuccessful, the Minister for Electronic Communications designates an operator capable of providing the service in question throughout the national territory.
THIRD PHASE
Advisory procedure and designation by the Minister
A workbook formalizing the rights and obligations of the designated operator will be developed.
In accordance with the applicable legislative provisions, the terms of reference will be submitted to the Higher Public Service Commission for Posts and Electronic Communications. It may be subject to development following this consultation.
The operator will be consulted on the draft terms of reference and, if necessary, on any modifications that may be made to the terms of reference after the CSSPPCE consultation.
The operator will then be appointed by order of the Minister responsible for electronic communications.
A N N E X E I
MINIMUM INDICATORS AND OBLIGATIONS
DE SERVICE APPLICABLE TO UNIVERSAL SERVICE
1° Delivery time for initial network connection: not more than eight calendar days.
Definition: average time expressed in working days measured between the date the application for connection to the network is filed at the commercial agency and the date the line is built.
2° Connection failure rate: not more than 7.5 per cent.
Definition: number, reported to 100 main lines, of service signals interrupted or degraded by subscribers, the fault being attributable to the operator's network and requiring a repair action. The faults of any equipment on the subscriber side are excluded from the network termination point.
3° Time to repair a telephone failure, measured by the rate of non-removal of telephone inconvenience on the same day or next working day: not more than 15%.
Definition: rate of unrecorded subscriber inconvenience on the next day or working day reported to the number of signals that gave rise to the change.
4° Call failure rate: not more than 0.7 per cent.
Definition: percentage of calls that could not have resulted from the operator's telephone network compared to the number of calls correctly made by users. Calls to games are excluded.
5° Duration of communication: not more than 2.9 seconds.
Definition: average time interval between the time when the numbering information required for the delivery of the call is received by the network and the time the subscriber receives the ringing tone or the occupancy signal.
6° Accuracy of the invoice measured by the claim rate on invoice: not more than 0.08%.
Definition: rate of written or verbal claims received per 100 main lines that resulted in the opening of a file in commercial services.
A N N E X E I
ROUND INFORMATION
1° Subscription, connection and communications under the universal service offer.
The operator provides the applicable rates for subscriptions, connection fees and communications.
Based on the rates for communications, the operator provides an average cost of communications for the universal service by type of communication by matching this information with all parameters to calculate this average price: distribution of calls per duration, distribution of calls by time ranges, average length of communications by time ranges.
The operator distinguishes the following communications: local communications, national communications (if applicable, by distinguishing several tariff levels according to distance), communications from fixed stations to mobile terminals, communications between the metropolis and DOM, international communications by zone, communications to non-geographical numbers.
The operator provides a forecast of the evolution of subscription and connection rates as well as the rates of communications over the service's duration, from January 1, 2005 to December 31, 2008.
2° Required services.
The operator provides subscription rates and service rates for the proposed leased service offer.
The operator provides the start-up fees and subscription rates associated with the service integration digital network access offer, as well as information to calculate the average cost of communications as mentioned in the 1°.
The operator provides rates for the data switching offer per packet.
The operator also provides subscription rates to advanced voice telephone services.
For all mandatory services, the operator provides a forecast of the evolution of the rates concerned over the service's devolution period.
