Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Given the Post and Electronic Communications Code, includingarticle L. 33-4 ;
Considering the opinion of the Electronic Communications and Post Regulatory Authority dated 16 June 2009,
Decrete:
Section 2 of Chapter II of Title I of Book II of the Regulatory Part (Simple Orders) of the Post and Electronic Communications Code is replaced by the following provisions:
“Section 2
“Electronic Communications Advisory Commission
“Paragraph 1
“ Composition and powers of the Advisory Committee
electronic communications
"Art.D. 99-4. -The electronic communications advisory board is composed of twenty-four members appointed by order of the Minister for Electronic Communications.
"It includes:
“– eight representatives of network operators and electronic communications service providers;
“– eight representatives of network users and services, professionals and individuals;
" – eight qualified personalities.
"The Commission shall be consulted by the Minister responsible for electronic communications or by the Electronic Communications and Post Control Authority on any proposed measures to fix or amend:
"—the reporting procedures and rules applicable to the categories of networks, electronic communications services or facilities pursuant to sections L. 33-1, L. 33-2 and L. 33-3 that use or not radio frequencies;
“– the conditions under which independent networks can be connected to a network open to the public;
"– the categories of installation that can be freely established under Article L. 33-3 and their conditions of use;
"—the requirements for interconnection and access to networks and numbering pursuant to articles L. 34-8 and L. 44;
" ― the technical and operating conditions of the frequencies or bands of frequencies whose assignment is entrusted to the Authority for the regulation of electronic communications and posts and the procedures for the allocation of such frequencies, their terms of use and assignment under sections L. 42 to L. 42-3.
"The Commission may be seized by the Minister responsible for electronic communications or the Authority for the regulation of electronic communications and posts, requests for advice, studies or any other matter within its jurisdiction. It may decide, at the initiative of its President and with the agreement of the majority of its members, to take up any matter within its sphere of competence. She then informed the Minister for Electronic Communications and the Authority for the regulation of electronic communications and posts.
"The Chair of the Advisory Commission on Electronic Communications shall forward the notices issued by this proceeding to the Minister for Electronic Communications, to the Superior Commission for the Public Service of Posts and Electronic Communications and to the Electronic Communications and Positions Regulatory Authority.
"The notices issued by the commission may be made public, either at the initiative of the authority that requested them, or at the initiative of the chairman of the commission, with the agreement of the majority of the members of this proceeding and after the referral authority has been informed of them.
“Paragraph 2
“Organization and operation
Advisory Committee
"Art.D. 99-5.-The Chairman of the Commission referred to in section D. 99-4 shall be appointed by the Minister for Electronic Communications, following the advice of the Electronic Communications and Post Regulatory Authority, among the qualified personalities, members of the Commission. He has a dominant voice in case of voice-sharing.
"The members of the commission are appointed for three years. Members who no longer exercise the functions under which they were designated are replaced. In the event of a vacancy, the term of office of the new members expires on the date that their predecessor would normally have ended.
"The designated members, except qualified personalities, may be represented by a member of the body to which they belong. However, where the Commission's member did not attend three consecutive meetings, the Minister for Electronic Communications may, if proposed by the Chair of the Commission, make the replacement of the member.
"The Minister responsible for electronic communications or his representative and the Chairman of the Electronic Communications and Post Control Authority or his representative shall attend, without a deliberate vote, meetings of the Advisory Committee.
"The Advisory Committee shall meet at least twice a year, on the proposal of its Chairman or at the request of the majority of its members.
"The chair of the committee summons the members to the meetings and sets the agenda for them.
"The Commission adopts its rules of procedure, which, inter alia, provides that it may, on a permanent or temporary basis, join one or more specialized technical groups, establish working groups, designate rapporteurs for the instruction of specific issues or hear experts.
"The members of the commission shall ensure the confidentiality of the facts, information or documents they are aware of in the exercise or in the course of their duties within the commission.
"The Commission has a secretariat provided by the Electronic Communications and Post Regulatory Authority and an Assistant Secretariat provided by the Ministry of Electronic Communications. »
The Minister of Economy, Industry and Employment, the Secretary of State for Industry and Consumer Affairs, spokesperson for the Government, and the Secretary of State for the Forward-looking and Development of the Digital Economy are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, June 23, 2009.
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
Secretary of State
Forward-looking
and the development of the digital economy,
Nathalie Kosciusko-Morizet
