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);
In view of the post and electronic communications code, including articles L. 34, L. 35 to L. 35-8, L. 36-7, R. 10-7, R. 10-8 and R. 20-30 to R. 20-44;
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,
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:
The first part concerns the main provisions applicable to the provision of the universal electronic communications service component provided for in 2° of Article L. 35-1.
The second part is related to the general terms and conditions of the procedure for appointing an operator to provide the component provided for in 2° of Article L. 35-1.
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 incumbent operator will be annexed.
The provisions specified in items 1 to 11 below correspond to the minimum requirements for the terms of reference.
These minimum requirements may be supplemented by additional commitments made by the designated operator to contribute to the enhancement of 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 2° of section L. 35-1.
2. Obligations to provide services
The geographic area covered by the postal code and electronic communications is formed by metropolitan territory, overseas departments and 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 publishes a universal directory of subscribers to telephone service to the public, fixed and mobile, in print and electronic form, and provides a universal information service under the conditions set out in sections L. 35-4, R. 10-7 and R. 10-8.
3. Quality of service
The operator complies with the service quality obligations defined below. These obligations are based on the service 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 (Universal Service Directive).
For the information service, the service quality indicator is measured by the response time for services by standardist.
The response time per standardist is the percentage of calls to the information services for which a standardist responds in less than 15 seconds after the call has arrived at the information centre. This percentage of calls must be at least 70%.
The quality requirement will be set in accordance with the commitments made by the operator in its application file, without being less than 70%.
The operator communicates to the Minister responsible for electronic communications and publishes the value of the above-mentioned service quality indicator annually.
4. Persons with disabilities
The directory and information service takes into account the needs of persons with disabilities. In particular, the operator provides subscribers who are unable to consult the universal directory because of their visual disability free access to the universal information service.
5. Geographical equation of rates
and affordable pricing
The rates of the information and directory service respect the principle of equality.
The operator offers affordable and cost-oriented fares.
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.
6. Consumer tariff information
The operator provides clear information to consumers on the tariffs that are applicable by any appropriate means, including in the form of voice messages for the information service and by display on screen under the e-book.
7. 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 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.
8. 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, in particular, allow for the monitoring of the principle of the orientation of rates to costs and to assess the net cost of the universal service under the directory and information 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.
9. Universal Service Fund
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 universal service component provided for in 2° of Article L. 35-1.
10. 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 two years from 1 January 2005, i.e. until 31 December 2006.
11. 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 2° of Article L. 35-1 of the Post and Electronic Communications Code includes three phases. They are:
1st step: constitution and filing of applications;
File filing deadline: December 16, 2004.
Step 2: Review of applications and selection of an operator;
File filing deadline: 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 service offered
The candidate will specify the offers by which he intends to meet the obligation to provide the universal service component of this call for applications.
The candidate will describe the technical means available to enable him to provide the universal service component of this call for applications. In particular, it will describe the means it intends to implement to ensure the availability of subscribers of the universal directory in paper form. It will also specify the measures it plans to take to ensure the permanence and availability of the service, the human means (number of persons, qualifications, organization, location...) and the techniques it plans to implement to ensure the technical and commercial deployment and operation of the service.
(b) Tariff offer
The candidate will indicate the level and method of calculating the rates he plans to practise.
Based on the rates for communications, the operator provides an average cost of communications under the universal service of the e-book, if any, by type of communication, by including this information from all parameters to calculate this average price: distribution of calls per duration, distribution of calls by time ranges, average duration of communications by time ranges for the types of 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) Relations with service users
The applicant will present the structure of its commercial network, including the telephone information service. It will indicate which human means (number of persons, qualifications, organization, location, etc.) will be implemented. It will clarify how it plans to inform users about the applicable rates and what will be the real-time consultation price of the price catalog by an electronic means. The candidate will provide guidance on how he or she will use to publish an assessment of the values resulting from the application of the quality indicator described in the first part of this document. It will specify the distribution modalities of the universal directory in paper form to subscribers.
(e) Quality of service
The candidate will specify his or her performance objectives with respect to the response time indicator of the above-mentioned information service and the means to achieve it.
(f) 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 service as described in 2° of Article L. 35-1 in conditions equivalent to those of other users.
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
Consideration of candidatures
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. Six criteria will be considered for a global rating of 390. The successful candidate will be the one who has been best rated. If more than one candidate obtains the same rating, they will be departed with respect to their three 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 112
2.2. Definition of selection criteria
The selection criteria are defined as follows:
(a) Operator's ability to provide service
described in 2° of Article L. 35-1
This criterion is appreciated in terms of the technical and human resources being implemented.
(b) Tariff offer
Affordable pricing will be reviewed.
(c) Net cost of universal service
It will be taken into account the relevance of its evaluation with respect to the calculation methods provided by the Post and Electronic Communications Code.
(d) Relations with service users
The quality of the relationship with users of the service will be appreciated through the operational structure for the treatment of the customer relationship (organization of the information service in particular) and the means used to inform users about the price and quality of the services.
(e) Quality of service
The quality of the service offered will be appreciated in terms of the means that will be implemented so that everyone can benefit from the services provided (book and information service). The response time for telephone information will be an element of the choice.
(f) 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. Methods of departure of candidates in case of equality
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 112
The successful candidate will be the one with the highest overall rating of 300.
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 Superior Commission of the Public Post and Electronic Communications Service (CSSPPCE). 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.
