Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Considering Directive No. 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and user rights with regard to electronic communications networks and services (the "universal service" directive);
Considering the post and electronic communications code, including articles L. 35 to L. 35-8, R. 10-8, R. 20-30 to R. 20-44;
Having regard to the opinion of the Superior Commission of the Public Post and Electronic Communications Service dated 16 April 2008;
Considering Opinion No. 2008-0503 of 22 April 2008 of the Authority for the Regulation of Electronic Communications and Positions;
The State Council (section of public works) heard,
Decrete:
Section R. 10-8 of the Post and Electronic Communications Code is amended as follows:
1° In the third paragraph, the words: "The operator charged, pursuant to Article L. 35-2, to provide the component of the universal service referred to in Article L. 35-1" are replaced by the words: "Every operator charged, pursuant to Article L. 35-2, to provide the universal directory in printed form";
2° In the last paragraph, the words "insured by this operator" are deleted.
The second paragraph of Article R. 20-30 of the Post and Electronic Communications Code is amended as follows:
1° The words: "one of the components of the universal service" are replaced by the words: "one of the components of the universal service referred to in 1° and 3° of Article L. 35-1 or the elements of that described in 2° of the same article,"
2° After the words: "for all users" are inserted the words: "from the geographic area for which it was designated".
Section R. 20-30-1 of the Post and Electronic Communications Code is amended as follows:
1° In the first and fifth paragraphs, the words: "The loaded operator" are replaced by the words: "Every loaded operator";
2° In the first paragraph, after the word "supplies" the words "in the geographic area for which it was designated".
Article R. 20-30-2 of the Post and Electronic Communications Code is as follows:
"I. ― Any operator who, pursuant to Article L. 35-2, is responsible for providing the subscriber directory referred to in 2° of Article L. 35-1 shall publish a universal directory of telephone subscribers to the public, fixed and mobile, of the geographic area for which it was designated, under the conditions provided for in Articles L. 35-4 and R. 10 to R. 10-11.
II. ― Any operator who, pursuant to section L. 35-2, is responsible for providing the information service referred to in paragraph 2 of section L. 35-1 provides a universal information service under the conditions set out in sections L. 35-4 and R. 10 to R. 10-11. "
Section R. 20-30-3 of the Post and Electronic Communications Code is amended as follows:
1° In the first paragraph, the words "The loaded operator" are replaced by the words "Every loaded operator";
2° In the second paragraph, the words: "at least one public phone in each commune" are replaced by the words: "at least one public phone in each commune of the geographical area in which it is designated".
Section R. 20-30-4 of the Post and Electronic Communications Code is amended to read:
1° In the first paragraph, the words: "one or more of the components of the universal service" are replaced by the words: "one or more of the components of the universal service referred to in 1° and 3° of Article L. 35-1 or the elements of that described in 2° of the same article";
2° At 1° and 3°, the words "The loaded operator" are replaced by the words "Every loaded operator";
3° The 2° is thus written: « 2° Any operator, pursuant to section L. 35-2, to provide the information service referred to in paragraph 2 of section L. 35-1, shall provide free access to that service to subscribers who are unable to consult the universal directory because of their visual impairment. »
In article R. 20-30-5 of the Post and Electronic Communications Code, the words: "the loaded operators" and "proposed" are replaced by the words "any loaded operator" and "proposed".
In sections R. 20-30-7, R. 20-30-8 and R. 20-30-10, the words "one or more of the components of the universal service" are replaced by the words: "one or more of the components of the universal service referred to in 1 and 3 of Article L. 35-1 or the elements of that described in 2° of the same article".
In R. 20-30-9, after the words: "1° and" are inserted the words: "or elements of that mentioned in".
Section R. 20-30-11 of the Post and Electronic Communications Code is amended as follows:
1° In the first paragraph, the words: "one of the components of the universal service" are replaced by the words: "one of the components of the universal service mentioned in the 1st and 3rd of Article L. 35-1 or the elements of that described in the 2nd of the same article", and the words: "the operator who is responsible for it" are replaced by the words: "every operator who is responsible for it";
2° In the second and third paragraphs of I, the words: "the loaded operator" are replaced by the words: "any loaded operator";
3° In II, the words: "one of the components of the universal service" are replaced by the words: "one of the components of the universal service referred to in 1 and 3 of Article L. 35-1 or the elements of that described in 2 of the same article".
Section R. 20-30-12 of the Post and Electronic Communications Code is amended as follows:
1° The first paragraph reads as follows: "In order to ensure universal service and, in particular, the state of competition in the markets under consideration, the Minister responsible for electronic communications may initiate applications for the provision of each of the components of the universal service referred to in 1° and 3° of Article L. 35-1 or elements of that described in 2° of the same article. » ;
2° At 1°, the words "the loaded operator" are replaced by the words "any loaded operator";
3° At 3°, the words "or element of the component" are added after the word "component", and the words "of the territory" are replaced by the words "of the geographical area concerned".
In the second paragraph of Article R. 20-33 of the Post and Electronic Communications Code, the words "of the designated operator" are replaced by the words "of any designated operator".
Section R. 20-34 of the Post and Electronic Communications Code is amended as follows:
1° The third paragraph of I reads as follows: "The monthly amount of the tariff reduction granted is fixed by order of the Minister responsible for electronic communications taken after notice of the Autorité de régulation des communications électronique et des postes. » ;
2° The first sentence of the first paragraph of paragraph II is thus drafted: "Every operator who wishes to offer its customers the opportunity to benefit from the provisions of the I shall forward its application simultaneously to the Minister responsible for electronic communications and to the Authority for the regulation of electronic communications and posts that may request it to complete it. » ;
3° In the second and third sentences of the same paragraph, the word "application" is replaced by the words "full request".
In the second paragraph of Article R. 20-35 of the Post and Electronic Communications Code, the words: "The universal service operator" are replaced by the words: "Each universal service operator".
Section R. 20-36 of the Post and Electronic Communications Code is amended as follows:
1° In the first paragraph, the words "provided by the operator" are replaced by the words "provided by an operator";
2° The fifth, sixth and seventh preambular paragraphs are deleted.
In article R. 20-37 and in the second paragraph of article R. 20-40 of the Post and Electronic Communications Code, the words "The loaded operator" are replaced by the words "Every loaded operator".
The fourth paragraph of Article R. 20-42 of the Post and Electronic Communications Code is supplemented by the words "four points higher".
In R. 20-38, the words: "the components of the universal service mentioned in 1°, 2° and 3° of Article L. 35-1" are replaced by the words: "the components of the universal service mentioned in 1° and 3° of Article L. 35-1 or the elements of that described in 2° of the same article".
The Minister of Economy, Industry and Employment and the Secretary of State for Industry and Consumer Affairs, spokesman of the Government, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, 20 August 2008.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
Secretary of State
responsible for industry and consumption,
Government spokesperson,
Luc Chatel
