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 and R. 20-30 to R. 20-44;
Considering the consumer code, including articles L. 121-83, L. 131-84 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 service component of electronic communications under Article L. 35-1(3).
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 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 formalizing all the rights and obligations of the incumbent operator will be annexed.
The provisions specified in items 1 to 13 below correspond to the obligations contained in 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 Article L. 35-1, 3°.
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 makes available to the public on the public domain of the facilities, known as the public phones, allowing unrestricted access to the telephone service to the public.
The operator makes at least one public phone available in each municipality. In the municipalities, whose population exceeds 1,000 inhabitants, this operator implants at least one second public phone.
From these publishers, the operator delivers communications from and to the metropolis, overseas departments, Mayotte and Saint-Pierre-et-Miquelon communities, 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 below. These obligations are based on the quality of 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 with respect to electronic communications networks and services (Universal Service Directive).
In the case of public-phones, the service quality indicator is measured by the inconvenience rate more than twenty-four hours, obtained by accounting for the average number of telephones recognized by the telemonitoring system as likely to be inconvenience for more than twenty-four hours per cent public-phones in operation. The quality of service indicator associated with the publiphony, through the measurement of the inconvenience rate of the publiphones, covers a maximum rate of 0.6% of the inconvenience of more than 24 hours.
The quality requirement will be set in accordance with the commitments made by the operator in its application file, without being less than the above-mentioned rate.
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 installation of public phones meets the needs of persons with disabilities. The operator ensures that some of the publishers established under R. 20-30-3 are accessible to motors and blind people. The number and geographical distribution of these telephones takes into account the needs of the population concerned.
5. Emergency calls
The operator ensures the free transmission and delivery of emergency telephone calls under the conditions specified in Article L. 33-1. He does not receive compensation from the State as such.
6. Geographical equation of rates
and affordable pricing
The rates of communications passed from the publishers are consistent with the principle of equality and are established in particular to avoid discrimination based on geographical location.
This tariff equalization principle does not exclude that the operator proposes a tariff diversification of its communications based on objective and transparent pricing criteria based on the distance of the call.
The operator offers affordable, cost-oriented rates.
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 for information to the Minister responsible for electronic communications and to the Telecommunications Regulatory Authority, eight days before being notified to consumers and users.
7. Consumer tariff information
The operator provides clear information to consumers on the tariffs applicable by any appropriate means, including in the form of voice messages or by way of display at the public cabin compartment.
8. Specific rates
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.
9. 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.
10. 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 under the public 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.
11. 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 universal service component provided for in Article L. 35-1, 3°.
12. 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, effective January 1, 2005, i.e., until December 31, 2008.
13. 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 Article 3 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 universal service services
The candidate will describe the offers by which he intends to meet the requirement to provide the universal service component of this call for applications.
The candidate will describe the technical means available to provide this component of the universal service. In particular, it will specify the public-phone park that it intends to implement (number, location, payment method). He will describe the networks he intends to use to ensure the delivery of the communications referred to in Part Two. 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 practice and will specify the average price of the minute per type of communication.
To assess the affordability of rates and their cost orientation, the operator provides a set of information to the Minister responsible for electronic communications.
Based on the rates for communications, the operator provides an average cost of communications under 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 for the types of communications.
The operator distinguishes the following communications: local communications, national communications (if applicable, by distinguishing several tariff levels according to distance), communications to mobile terminals, communications between the metropolis and DOM, international communications by zone, communications to non-geographical numbers.
(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 applicant will specify, among other things, the measures it plans to address service failures and will provide the value of the service quality indicator described in I of this notice of call for applications.
(e) Relations with service users
The applicant will have to essentially specify how the user information on the terms and conditions of use and the rates of service will be provided. 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.
(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 the 3rd of Article L. 35-1 in conditions equivalent to those of other users. It will provide guidance on the public-phone park that it plans to make accessible to motor handicapped and blind.
2. Submission of applications
Each file must be sent in ten copies, distributed, for the body of the file, in six paper copies and four electronic copies (cedroms or discs).
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.
When sent by La Poste 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 nominations and selections 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 rating mode
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 113
2.2. Definition of selection criteria
The selection criteria are defined as follows:
(a) Universal service benefits and operator's ability to provide the service described in 3° of Article L. 35-1
This criterion is appreciated in terms of the quantitative and technical implantation characteristics of the candidate's public-phone park and its ability to implement this park.
(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) Quality of service
The quality of the service offered will be appreciated with respect to the service availability objectives.
(e) Relations with service users
The quality of the information of users will be examined in particular in the light of the clarity of this information and its compliance with the requirements of consumer law.
(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 113
The successful candidate will be the one with the highest overall rating of 320.
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.
