Key Benefits:
The Minister to the Minister of Economy, Industry and Employment, responsible for industry,
Having regard to Directive 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);
Given the Post and Electronic Communications Code, including its Articles L. 35 to L. 35-8 and R. 20-30 to R. 20-44 ;
Considering the code of consumption;
Considering the application file filed on 3 February 2009 by France Télécom;
In view of the letter from France Télécom dated 2 November 2009;
Having regard to Opinion No. 2009-0834 of the Autorité de régulation des communications électronique et des postes dated 13 October 2009;
In light of the opinion of the Commission Supérieur du Service Public des postes et des communications électronique dated 28 October 2009,
Stop it!
France Télécom is designated, for a period of two years, to provide, under the conditions set out in the annexed specifications, the component of the universal service provided for in Article L. 35-1 of the Post and Electronic Communications Code.
The present order will be issued in the Official Journal of the French Republic.
A N N E X E
CAHIER DES CHARGES DE LA SOCIÉTÉ FRANCE TÉLÉCOM CHARGÉE DE FOURNIR LA COMPOSANTE DU SERVICE UNIVERSAL DES COMMUNICATIONS ÉLECTRONIQUES PRÉVUE au 3° DE L. 35-1 DU CODE DES POSTES ET DES COMMUNICATIONS ÉLECTRONIQUES (PUBLIPHONIE)
Preamble
In this notebook, the words: "the operator" refer to France Télécom.
The books, titles, chapters and articles cited are, unless otherwise stated, those of the Post and Electronic Communications Code.
Article 1
Services provided
The operator provides on the entire territory of the metropolis, overseas departments and communities of Saint-Martin, Saint-Barthélemy, Mayotte and Saint-Pierre-et-Miquelon the component of the universal electronic communications service provided for in the 3rd of Article L. 35-1.
It continuously ensures the availability of this service for all users throughout the above-mentioned geographic field 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 "publiphones", allowing unrestricted access to the telephone service to the public.
The operator shall make available to the public, for the duration of its designation, at least one telephone in each municipality. In municipalities with a population of more than 1,000 inhabitants, the operator has a second public telephone.
From these publishers, the operator ensures the delivery of communications from and to the metropolis, overseas departments, Saint-Martin, Saint-Barthélemy, Mayotte and Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Wallis-et-Futuna, and French Southern and Antarctic Lands.
The operator shall ensure, without compensation from the universal service fund for this purpose, the free transmission and delivery of emergency telephone calls under the conditions provided for in thearticle L. 33-1.
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 the present terms of reference. The operator remains solely responsible for the fulfilment of these obligations.
Article 2
Measures for disabled users
The installation of public phones meets the needs of persons with disabilities. The operator ensures that a portion of the newspapers established pursuant to section 1 are accessible to motor handicapped and blind. The number and geographical distribution of these telephones takes into account the needs of the population concerned.
Article 3
User relations
The operator provides clear information to consumers on its offer, on the tariffs applicable under the conditions provided by the postal code and electronic communications, and by the consumer code, by any appropriate means, including in the form of voice messages or by means of display at the public cabin compartment.
Article 4
Quality of service
The requirement for public service quality is measured by the maximum inconvenience rate of public phones 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 in operation.
This rate cannot exceed 0, 6%.
As of June 30, 2010, a new service quality obligation is added, measured by the rate of telephones detected as in trouble; a public phone is considered in trouble, according to ETSI EG 201-769-1 when an event preventing its complete operation has been marked by the operator's telemonitoring system, a user's call or maintenance and maintenance services. As a part-service publisher is considered in trouble. The start date of the disturbance is that of its detection.
This second rate cannot exceed 3% for a non-functional situation of terminals greater than twelve hours.
These indicators are measured at the national and regional levels.
The definitions, the annual values of the national indicators and the calculation methods used are published by the operator, for a year n, by March 31 of year n + 1, with for each of the indicators the values of its minimum obligations.
The operator shall communicate to the Minister for Electronic Communications and to the Electronic Communications and Post Regulatory Authority the quarterly and annual values of national and regional indicators. For annual measurements, these obligations must be implemented for indicators covering one year no later than March 31 of year n + 1. For quarterly measures, obligations must be met by the end of the month following the quarter ended.
The operator must also communicate to the request of the Minister responsible for electronic communications or the Electronic Communications and Post Control Authority:
the data used to calculate the indicators; the operator keeps these data on fifteen slippery months;
- in the event of non-compliance with minimum obligations, or degradation of results achieved, details of the causes of non-compliance or degradation and the measures decided to remedy them;
- a file that includes, in addition to the values of the indicators, their definition, the modalities of their measurement (data collection conditions, processes and entities involved, limitations or extensions to the definition, methods of calculation used).
Aticle 5
Rates
5. Consumer tariff information.
The operator shall communicate, by any appropriate means, in particular in the form of voice messages or by means of display at the level of the public cabin compartment, the rates of the public telephone.
5. 2. Modalities for the evolution of universal service rates.
The operator delivers affordable and consistent rates in accordance with the principles set out in I of thearticle R. 20-30-11.
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 diversified tariffs for its communications based on objective and transparent pricing criteria based on the distance of the call. The operator also offers one or more reduced rates for communications from and to overseas departments, communities of Saint-Bathélemy, Saint-Martin, Mayotte and Saint-Pierre-et-Miquelon, and to New Caledonia, French Polynesia, Wallis-et-Futuna and Southern Lands and low-end French land applications.
The tariffs of the universal service component of this specifications are controlled under the conditions set out inarticle L. 35-2.
Without prejudice to the specific tariff control provisions established pursuant to section L. 35-2, the operator shall communicate the changes in the tariffs of the universal service to the Minister for Electronic Communications and the Authority for the Regulation of Electronic Communications and Positions, at least one month before their implementation.
Article 6
Accounting and finance
In accordance witharticle R. 20-32, the operator maintains an information system as well as an accounting of services and activities that, in particular, allow to assess the net cost of the obligation to provide the component of the universal service subject to this Terms of Reference and to verify compliance with the principle of tariff orientation to costs.
Relevant elements of the information system and accounting data are available to the Electronic Communications Regulatory Authority and posts at the request of the Electronic Communications Regulatory Authority. They are audited periodically, at the operator's expense, by an independent agency designated by the Electronic Communications and Post Control Authority, in order to allow an annual update of the elements and data required for the application of Chapter III, section 2, of Title I, of Book II. Auditors must be independent of the operator and its auditors. The audit findings are made public by the Electronic Communications and Post Regulatory Authority.
The universal service fund ensures, under the conditions provided for in the articles L. 35-3 and R. 20-31 to R. 20-44the financing of the net cost of the obligation to provide the component of the universal service subject to this Terms of Reference.
Article 7
Relations with administration
The operator shall annually transmit to the Minister responsible for electronic communications and to the Authority for the regulation of electronic communications and posts a report on the implementation of the obligations set out in this Terms of Reference. This report includes an assessment of the implementation of Articles 1 and 2, the results of the measures of the quality of service indicators referred to in Article 4, the statistics of use (number of the park's publishers actually available distributed by means of payment offered) and an assessment of the average price per minute of communications by type of communication. The report for the year is not submitted by March 31 of the year n + 1.
Article 8
Duration of designation
Without prejudice to thearticle L. 35-8, the operator is designated for a period of two years to provide the universal service services subject to this specifications.
Done in Paris, November 18, 2009.
Christian Estrosi
