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Decree No. 2004 - 1301 Of November 26, 2004 Concerning The Provisions Applicable To Operators Engaged In A Significant Influence On A Market Of Electronic Communications Pursuant To Articles L. 37 - 1 To L. 38 - 3 Of The Code Of...

Original Language Title: Décret n° 2004-1301 du 26 novembre 2004 relatif aux dispositions applicables aux opérateurs exerçant une influence significative sur un marché du secteur des communications électroniques en application des articles L. 37-1 à L. 38-3 du code de...

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Texts transposed

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)

Application texts

Summary

Repeal of art. D. 99-23 to D. 99-26 (art. 1 of Decree 2000-881) and art. D. 373, D. 375, D. 378, D. 379, D. 374 (the first 6 paragraphs) (art. 1 of Decree 87-775) of the above-mentioned Code and amending the art. D. 369 to D. 371 (art. 1 of Decree 87-775). Full transposition of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and user rights in relation to electronic communications networks and services (Universal Service Directive).

Keywords

INDUSTRIE , TELECOMMUNICATIONS , PAQUET TELECOMS , ELECTRONIC COMMUNICATION , CODE DES POSTS ET COMMUNICATIONS ELECTRONIQUE , RESEAU , OPERATEUR , LISTE , ACCES , CONCURRENCE , COMMISSION EUROPEENNE , ETAT MEMBRE , UNION EUROPEENNE , DIRECTIVE


JORF n°278 of 30 November 2004 page 20321
text No. 26



Decree No. 2004-1301 of 26 November 2004 on the provisions applicable to operators with significant influence on an electronic communications market pursuant to articles L. 37-1 to L. 38-3 of the Post and Electronic Communications Code

NOR: INDI0404096D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/11/26/INDI0404096D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/11/26/2004-1301/jo/texte


The Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry, and the Minister Delegate to Industry,
Having regard to Directive 2002/19/EC of the European Parliament and the Council of 7 March 2002 on access to electronic communications networks and associated resources, as well as their interconnection (Directive "Access");
Having regard to Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (the Framework Directive));
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. 32-1, L. 34-8, L. 36-7 and L. 37-1 to L. 38-3;
Having regard to Act No. 2004-669 of 9 July 2004 on electronic communications and audio-visual communication services, including article 133;
Considering the opinion of the Telecommunications Regulatory Authority of 25 November 2004;
Having regard to the advisory committee on electronic communications networks and services dated 30 September 2004;
Based on the opinion of the Radiocommunication Advisory Commission dated 28 September 2004,
Death

Article 1 Learn more about this article...


Chapter II of Part III, Book II, Decrees, of the Post and Electronic Communications Code is amended to read:
I. - Section 3 is entitled "Interconnection and access".
II. - Before section D. 99-6, the divisions and titled "Paragraph 1" and "Guidelines applicable to all operators" are deleted.
III. - Section D. 99-6 is amended to read:
1° The first paragraph is repealed.
2° In the second paragraph, after the word "Convention", the words "referred to in the first paragraph of Article L. 34-8".
3° In the third paragraph, the words "interconnection" are replaced by the words "interconnection or access";
4° The fourth preambular paragraph reads as follows:
"It is established with the Telecommunications Regulatory Authority a committee of interconnection and access, including network operators open to the public. This committee is chaired by the Telecommunications Regulatory Authority, which sets out its composition and operating procedures. It is consulted by the authority, at least once a year, on the implementation of articles L. 38 and L. 38-1. »
5° The last paragraph is repealed.
IV. - Section D. 99-7 is amended to read:
1° In the first paragraph, the words: "interconnection" are replaced by the words: "interconnection and access" and the words: "respect for essential requirements and, in particular," are deleted;
2° The seventh preambular paragraph is repealed;
3° In the eighth paragraph, the words "an interconnection with a third party" are replaced by the words "an interconnection or access"; the words: "or to respect essential requirements, the operator" are replaced by the words: ", this one"; the words "interconnection" are replaced by the words "interconnection or access" and the words "recovery" are replaced by the words "recovery";
4° In the last paragraph, the words "interconnection" are replaced by the words "interconnection or access".
V. - Section D. 99-8 is amended to read:
1° The words: "interconnection" are replaced by the words: "interconnection and access";
2° In the third and seventh paragraphs, the words "interconnection" are replaced by the words "interconnection and access";
3° In the fourth paragraph, the words: "In accordance with Article D. 99-7," and "respect for essential requirements and" are deleted.
VI. - Section D. 99-9 is amended as follows:
1° The words: "interconnection" are replaced by the words: "interconnection and access";
2° In the tenth paragraph, the words: "basic: commutated traffic and, for network operators open to the public, leased links" are deleted;
3° The eleventh preambular paragraph is deleted;
4° The sixteenth preambular paragraph reads as follows:
" - measures to ensure network operating security, maintaining network integrity, interoperability of services and data protection; »
5° The eighteenth preambular paragraph is deleted;
6° In the twenty-first paragraph, the words "interconnection" are replaced by the words "interconnection or access";
7° In the twenty-second preambular paragraph, the words: "the procedure for identifying the leased ends" are deleted;
8° In the twenty-third paragraph, the word "interconnect" is replaced by the word "connect";
9° In the twenty-fourth paragraph, the words "interface and common organs in each network" and the words "interconnection and respect for essential requirements" are deleted;
10° In the last paragraph, the words "intervention and relief of inconvenience" are replaced by the words "and recovery delays".
VII. - In section D. 99-10, the words "interconnection" are replaced by the words "interconnection and access" and the second paragraph is repealed.
VIII. - Before section D. 99-11, the divisions and titled: "Paragraph 2" and "Guidelines for operators on the lists established pursuant to the 7th of Article L. 36-7" are deleted.
IX. - Article D. 99-11 is as follows:
"In accordance with Article L. 34-8 and Article L. 37-2, the Telecommunications Regulatory Authority may, to the extent necessary, impose on operators who control access to end-users obligations to ensure end-to-end connectivity, including the obligation to ensure interconnection of their networks and the interoperability of services provided on these networks or networks.
"These obligations are proportionate, objective, transparent and non-discriminatory and adopted in accordance with the procedures provided for in articles L. 32-1 (III) and L. 37-3. They are imposed to give effect to the objectives set out in Article L. 32-1 and in particular to promote economic efficiency, promote sustainable competition or provide maximum benefit to end-users. They apply without prejudice to other access and interconnection obligations that may be imposed on operators under this code. »
X. - Section 4 and sections D. 99-12 to D. 99-26 are repealed.

Article 2 Learn more about this article...


Section 2 of chapter IV, title I of Book II of Part III (Decrets) of the Post and Electronic Communications Code is entitled: " Provisions relating to operators having significant influence on an electronic communications market"; It is thus written:
"Art. D. 301. - For the purposes of the first paragraph of Article L. 37-1, the Telecommunications Regulatory Authority shall take into account the recommendation and guidelines adopted by the European Commission pursuant to Article 15 of Directive 2002/21/EC of the European Parliament and the Council on a common regulatory framework for electronic communications networks and services (the "frame" directive). The transnational markets identified, if any, in the decision adopted by the European Commission pursuant to Article 15 of the above-mentioned directive are considered relevant.
"The draft measures taken pursuant to the first paragraph of Article L. 37-1 are subject to public consultation under the conditions set out in sections L. 32-1 and D. 304. They are submitted for advice to the Conseil de la concurrence and, when they include the broadcast of radio and television within the scope of a relevant market, to the Conseil supérieur de l'audiovisuel, which shall take action within six weeks. They are the subject of consultation with the European Commission and the competent authorities of the other Member States of the European Community under the conditions laid down in Articles L. 37-3 and D. 305.
"The authority maintains a list of all relevant markets for the purposes of sections L. 38, L. 38-1 and L. 38-2.
"The registration of a market on this list is pronounced for a maximum of three years. She's reexamined.
" - at the initiative of the authority, when the evolution of this market justifies it;
" - as soon as possible after the amendment of the above-mentioned European Commission recommendation;
" - for transnational markets, as soon as possible after the modification of the decision of the aforementioned European Commission;
" - and in all cases after three years.
"When re-examined the registration of a relevant market on the list referred to in the first paragraph, the authority determines whether there is a need to re-examine the situation of other markets listed or not and that may be affected by this review.
"Art. D. 302. - I. - For the purposes of the second paragraph of Article L. 37-1, the Telecommunications Regulatory Authority shall take into account the guidelines adopted by the European Commission pursuant to Article 15 of Directive 2002/21/EC of the European Parliament and the Council on a common regulatory framework for electronic communications networks and services (the "frame" directive).
"It conducts the analysis of the transnational markets identified in the decision adopted by the European Commission pursuant to Article 15 of Directive 2002/21/EC and the determination of the operators deemed to exert significant influence on these markets in consultation with the competent authorities of the other Member States of the European Community.
"The draft measures taken pursuant to the second paragraph of Article L. 37-1 are subject to public consultation under the conditions set out in sections L. 32-1 and D. 304. They are submitted for advice to the Conseil de la concurrence and, where they relate to relevant markets on which it was seized pursuant to Article D. 301, to the Conseil supérieur de l'audiovisuel, which shall take action within 6 weeks. They are the subject of consultation with the European Commission and the competent authorities of the other Member States of the European Community under the conditions laid down in Articles L. 37-3 and D. 305.
"Decisions made pursuant to this Article shall be reviewed under the conditions provided for in Article D. 301. This review may be carried out jointly with the relevant markets.
“II. - For the determination of significant influence within the meaning of the third paragraph of Article L. 37-1, a market is considered to be closely linked to another when the links between the two markets are such that they allow to use, on one of the two markets, by leverage effect, the power held on the other market, which reinforces the operator's influence on the market.
"The joint significant influence within the meaning of Article L. 37-1 may be exercised by several operators as long as the market presents a structure considered to be conducive to producing coordinated effects, even if there is no structural or other link between these operators. Such a situation may occur in a market with several appropriate characteristics, including concentration and transparency, as well as other characteristics:
" - market reached maturity;
" - stagnation or moderate growth of demand;
" - low elasticity of demand;
" - homogeneous products;
" - similar cost structures;
" - similar market shares;
" - lack of technical innovations, technology at the point;
" - lack of surplus capacity;
" - important barriers to entry;
" - lack of counter-power of customers;
" - lack of potential competition;
" - various kinds of informal or other links between the companies concerned;
"-retortion mechanisms;
" - absence or reduced possibility of competition by prices.
"This list is not exhaustive and the characteristics mentioned are not cumulative.
"Art. D. 303. - When it determines that an operator has a significant influence on a market in the electronic communications sector, the Telecommunications Regulatory Authority may impose one or more obligations among those provided for in sections D. 307 to D. 315.
"The corresponding draft measures are subject to public consultation under the conditions set out in sections L. 32-1 and D. 304. They are the subject of a consultation with the European Commission and the competent authorities of the other Member States of the European Community under the conditions laid down in articles L. 37-3 and D. 305. They set the duration of each of the established or maintained obligations that cannot exceed the date of review of decisions made under section D. 301.
"The obligations imposed under this section are reviewed under the conditions provided for in Article D. 301. This review may be carried out in conjunction with the corresponding relevant markets and the list of operators with significant influence on these markets. However, the authority may modify, under the conditions set out in this Code, the obligations imposed on operators exercising significant influence on a market in the electronic communications sector without making a new determination of the relevant markets.
"Art. D. 304. - Without prejudice to the third paragraph of Article L. 37-3, the period referred to in Article L. 32-1 is at least one month in respect of the measures to be considered under Articles L. 37-1 and L. 37-2.
"Art. D. 305. - Subject to the second paragraph of Article L. 37-3, the Telecommunications Regulatory Authority may adopt the decisions notified to the European Commission pursuant to the first paragraph of Article L. 37-3 after a month's period, which runs from the date of receipt of the notification, or at the end of the public consultation referred to in Article L. 32-1, if that period is longer.
"The notification shall indicate, where appropriate, the confidential nature of the information transmitted, and shall include all the documents necessary for justification and motivation, and shall facilitate consideration of the decisions considered for adoption, including the outcome of the consultation under Article L. 32-1 III and, where appropriate, the advice of the Conseil de la concurrence. If the European Commission indicates that the notification is incomplete, the period referred to in the first paragraph begins to run from the receipt of the required supplements. The notification may be withdrawn at any time.
"The duration of the stay referred to in the second paragraph of Article L. 37-3 is two months.
"The decisions imposing obligations under 6° I of Article L. 38 shall be notified to the European Commission under the conditions provided for in the first two paragraphs of this article, with the exception of the deadlines.
"Art. D. 306. - Decisions taken under the exemption under the third paragraph of Article L. 37-3 are immediately communicated to the European Commission and to the competent authorities of the other member States of the European Community. They are applicable for a period not exceeding six months. Any decision to extend them beyond that period shall be subject to the provisions of the first two paragraphs of Article L. 37-3 and Article D. 305.
"Art. D. 307. - I. - The information to be published under the 1st of Article L. 38 may concern:
" - accounting information, including the description of the interconnection and access cost accounting system;
" - the technical specifications of the interconnection or access services of these operators;
" - the characteristics of the network of these operators;
" - the technical and tariff conditions for the provision of interconnection and access services of these operators.
"The Telecommunications Regulatory Authority may also require a reputed operator to exert a significant influence on a market in the electronic communications sector to communicate, as soon as they conclude, the interconnection and access agreements to which the operator is a party.
“II. - Without prejudice to Article D. 308, where an operator exercising significant influence on a market in the electronic communications sector is subject to an obligation of non-discrimination under Article D. 309, the Telecommunications Regulatory Authority may impose on that operator a technical and tariff offer of interconnection or access.
"The offer referred to in the previous paragraph is sufficiently detailed for the applicant operator to pay only the use of the means strictly related to the requested benefit. It includes a description of the relevant offers distributed in various elements according to market needs, together with the technical and tariff conditions corresponding to these offers and related benefits.
"The Telecommunications Regulatory Authority sets out the list of minimum interconnection or access services to be included in the technical and tariff offer for interconnection or access.
"The Telecommunications Regulatory Authority may, at any time, impose amendments to a technical and tariff offer of interconnection or access in order to bring the technical and tariff offer in accordance with the provisions of this Code or to give effect to the obligations resulting therefrom. To this end, the operator shall communicate to the Telecommunications Regulatory Authority, at its request and within a time limit that it sets, any necessary information.
"The operator may not invoke the existence of an offer listed in its technical and interconnection tariff offer to refuse to engage in trade negotiations with another operator, under the conditions set out in section L. 34-8, for the determination of interconnection or access conditions that would not have been provided for in that offer.
"Any condition of interconnection or access that would not have been provided by the operator's technical and tariff offer must be reported as such in the interconnection or access agreement.
"When the operator wishes to use an interconnection or access interface that is not included in its technical and tariff offer or to provide supplements to the specifications of an interface of the technical and tariff offer, it shall communicate the technical specifications corresponding to the Telecommunications Regulatory Authority.
"III. - The Telecommunications Regulatory Authority specifies the information to be published under I and II, the level of detail required and the mode of publication. In particular, it may impose on the operators referred to in I and II the obligation to publish beforehand any changes in the technical and tariff terms and conditions for the provision of their interconnection and access benefits with such notice as it determines.
"Art. D. 308. - When an operator is required to apply reasonable requests for access to the metal twisted paired local loop pursuant to section D. 310, it publishes a technical and tariff offer for access to the local loop. This offer contains a description of the services related to access to the local loop and the terms, conditions and prices associated with it. It also includes benefits associated with access to the local loop, including the provision of information necessary for its implementation, an offer for the co-location of equipment.
"The offer referred to in the previous paragraph includes at least the following:
"As a result of the conditions associated with the unbundling of access to the local loop:
" - elements of the network to which access is proposed, including:
" - access to local loops and sub-coals;
" - access to non-voice frequencies of the frequency spectrum of a loop or local sub-coal, in case of shared access to the local loop;
" - information on the location of physical access points and the availability of local loops and sub-frames in well-defined parts of the access network. Where public security is warranted, the dissemination of this information may be restricted to only interested parties;
" - technical terms of access to and use of local loops and sub-coils, including the technical characteristics of the metal twisted pair in the local loop;
" - control and supply procedures, usage restrictions.
“As part of the co-location services:
" - information about the operator's relevant sites. Where public security is warranted, the dissemination of this information may be restricted to only interested parties;
" - possibilities of co-location on the sites mentioned in the previous paragraph (including physical co-location and, where applicable, remote co-location and virtual co-location);
" - the characteristics of the equipment: where applicable, restrictions on equipment that can be co-located;
" - the measures put in place by the operator to guarantee the safety of its premises;
" - conditions of access for the personnel of the competitors;
" - safety standards;
" - the rules for the distribution of space when the co-location space is limited;
" - the conditions under which beneficiaries can inspect the sites on which physical colocation is possible, or those for which co-location has been denied because of insufficient capacity.
"In terms of information systems:
" - the conditions of access to operational support systems, information systems or databases for the preparation of orders, supply, control, maintenance, repair requests and invoicing of the operator.
“In terms of supply:
" - deadlines for responding to requests for services and resources; service level agreements, problem solving, normal service return procedures and service quality parameters;
" - the standard contractual conditions, including, where applicable, compensation for non-compliance;
" - prices or pricing arrangements for each service, function and resource listed above.
"Art. D. 309. - The obligations set out in 2° of Article L. 38 include ensuring that operators apply equivalent conditions in circumstances equivalent to other operators providing equivalent services and that they provide services and information to others under the same conditions and with the same quality as they provide for their own services, or for those of their subsidiaries or partners.
"The technical and financial terms and conditions of interconnection and access services they offer to their own services, subsidiaries and partners must be justified upon request by the Telecommunications Regulatory Authority.
"Art. D. 310. - The Telecommunications Regulatory Authority may impose the obligations set out in the 3rd of Article L. 38, in particular when it considers that a refusal to grant access or unreasonable terms and conditions having a similar effect would prevent the emergence of a sustainable competitive retail market or may be detrimental to end-users. The Telecommunications Regulatory Authority may, among other things, impose on reputed operators a significant influence on a market in the electronic communications sector the obligation:
« 1° Provide third parties with access to specific network elements or resources, including unbundled access to the local loop, under the conditions set out in Article D. 308;
« 2° To negotiate in good faith with operators who request access;
« 3° Not to withdraw access already granted;
« 4° To offer special services in bulk for resale to third parties;
« 5° Provide open access to technical, protocol or other key technologies that are critical to the interoperability of virtual network services or services;
« 6° Provide a possibility of co-location or other forms of means-sharing, including the sharing of ducts, buildings or pylons;
« 7° To provide the specific services necessary to guarantee users the interoperability of end-to-end services, especially with regard to the means for intelligent network services or allowing roaming on mobile networks;
« 8° Provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;
« 9° Interconnect networks or means associated with them.
"The Telecommunications Regulatory Authority shall, as appropriate, define the conditions for the implementation of the obligations set out in this section, including the deadlines, so as to ensure their implementation in fair and reasonable conditions.
"Art. D. 311. - I. - Operators required to practice tariffs reflecting the corresponding costs under the 4th of Article L. 38 must be able to demonstrate that their interconnection and access rates effectively reflect the costs; the Telecommunications Regulatory Authority may request these operators to respect a multi-year charge of tariffs or to fully justify their tariffs and, if necessary, require their adaptation.
“II. - For the implementation of the obligations set out in the 4th of Article L. 38, the Telecommunications Regulatory Authority specifies, as appropriate, cost recovery mechanisms, pricing methods and cost accounting methods, which may be distinct from those applied by the operator.
"It can also take into account prices in comparable markets in France or abroad.
"The Telecommunications Regulatory Authority ensures that the methods used promote economic efficiency, promote sustainable competition and maximize benefits to the consumer. It also ensures reasonable remuneration for capital employed, given the risk incurred.
"Art. D. 312. - I. - The Telecommunications Regulatory Authority shall, as necessary, establish the specifications of the cost accounting system that the operators subject to the obligations mentioned in the 5th of Article L. 38 shall implement.
"These operators make public a description of the cost-accounting system, in accordance with the specifications established, if any, under the previous paragraph, and highlighting, among other things, the main categories in which costs are grouped and the cost-sharing rules.
"The authority determines the rate of pay of the capital used. This rate takes into account the weighted average cost of the operator's capital and that of an investor in electronic communications activities in France.
“II. - When an operator is subject to an accounting separation obligation, the Telecommunications Regulatory Authority shall specify, as appropriate, the number, scope and degree of detail of individualized accounts that such accounting must disclose as well as valuation methods and cost allocation rules.
"These individual accounts allow us to retrace, inter alia:
" - costs and income;
" - the capital employed;
" - functions and cost inductors.
"When the operator is bound to an obligation of non-discrimination, it may be required to value at the same disposal prices the facilities and equipment of its network or the means associated with it, whether used to provide interconnection and access services or other services.
"III. - The Telecommunications Regulatory Authority specifies the format of documents produced by accounting systems; these documents must present a sufficient degree of detail to allow verification of compliance with the obligations of non-discrimination and reflect the corresponding costs, when applicable.
"Relevant elements of the information system and accounting data are held for five years at the disposal of the Telecommunications Regulatory Authority.
"The compliance with the obligations set out in this section is periodically verified by independent bodies designated by the Telecommunications Regulatory Authority. This audit is carried out at the expense of each of the operators concerned. Designated bodies publish an annual audit certificate.
"The Telecommunications Regulatory Authority may publish certain accounting data, taking into account both the degree of transparency required, in particular the verification of the principle of non-discrimination, and respect for the secrecy of cases.
"IV. - Methods of valuation and allocation of costs used for the purposes of this Article shall meet the following principles:
" - of efficiency: the costs taken into account must aim to increase economic efficiency in the long term. In this capacity, the AMF can rely on the use of best industrially available technologies and the optimal use of resources;
" - non-discrimination: the method for assessing the costs used by the operator for its interconnection or access benefits is the same as that for which the rates of other services are assessed;
" - of relevance: the costs taken into account must be relevant, i.e. related to a form of causality, direct or indirect, to the services rendered.
"Art. D. 313. - The Telecommunications Regulatory Authority shall, as appropriate, establish the interconnection and access services referred to in Article L. 38 II as well as their terms and times of implementation. The rates for these benefits reflect the corresponding costs.
"Art. D. 314. - Operators required to practice tariffs reflecting the corresponding costs under 2° of section L. 38-1 must be able to demonstrate that their rates actually reflect the costs.
"For the implementation of the obligations set out in Article L. 38-1, the provisions of Article D. 312 shall apply.
"Art. D. 315. - Operators required to communicate to the Telecommunications Regulatory Authority the rates of certain retail services prior to their implementation, pursuant to the 2° of Article L. 38-1, transmit the rates corresponding to the authority at least three weeks before their implementation.
"These rates are accompanied by information to evaluate them as well as elements of the corresponding offer.
"The Telecommunications Regulatory Authority may object to the implementation of these tariffs by a reasoned decision explaining the analyses, particularly economic, which underlie its opposition, notified to the operator concerned within three weeks of the transmission of the complete file and made public. These analyses take into account, as appropriate, all of the obligations imposed on the operator under section L. 38-1. »

Article 3 Learn more about this article...


Title I of Part III, Book II (Decrets) of the Post and Electronic Communications Code is amended as follows:
I. - Chapter V, section 2, becomes chapter IV, section 3.
II. - Section 4 of Chapter IV and sections D. 362 to D. 367 are repealed.
III. - Article D. 369 reads as follows:
"Art. D. 369. - Reputed operators, pursuant to section L. 37-1, exert significant influence on all or part of the market referred to in section L. 38-2 provide the corresponding leased links under the conditions provided for in this section. »
IV. - The second paragraph of Article D. 370 is as follows:
"The conditions of use of leased connections, the technical characteristics, including physical and electrical, as well as the detailed technical and performance specifications applicable to the network termination point are made public under conditions defined by the Telecommunications Regulatory Authority. »
V. - In the third paragraph of Article D. 370, the words: "of one month" are replaced by the words: "of eight days".
VI. - The last two sentences of the last paragraph of Article D. 370 are deleted.
VII. - The fourth paragraph of Article D. 371 is as follows:
" - the duration of the contract, which includes the period generally fixed by the contract and the minimum contractual period that the user is required to accept; "
VIII. - After the fourth paragraph of Article D. 371, two paragraphs are inserted as follows:
" - the standard delivery time, i.e. the period calculated from the date on which the user made a firm request to rent a link, during which 95% of the leased links of the same type were made available to customers;
" - the standard repair time, which corresponds to the current period from the time when the operator's responsible unit receives a message signaling a failure and until 80% of the leased links of the same type have been restored and, in some appropriate cases, where their recovery has been notified to users; "
IX. - In the last paragraph of section D. 371, the words: "Decision of the Minister for Telecommunications" are replaced by the words: "a decision of the Telecommunications Regulatory Authority under the conditions laid down in section L. 36-6".
X. - Sections D. 373, D. 375, D. 378 and D. 379 are repealed.
XI. - The first six paragraphs of section D. 374 are repealed.
XII. - The second sentence of the first paragraph of article D. 376 is deleted.
XIII. - The last eight paragraphs of Article D. 377 are replaced by the following:
"The operators shall ensure that the accounting provided for in the 3rd of Article L. 38-1 allows to assess the costs of leased connections in accordance with the principles defined in Article D. 374. »

Article 4 Learn more about this article...


The Minister of State, Minister of Economy, Finance and Industry, and the Minister Delegate to Industry are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, November 26, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


Minister Delegate to Industry,

Patrick Devedjian

Minister of State, Minister of Economy,

finance and industry,

Nicolas Sarkozy


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