Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Considering Directive 2002/22/EC on universal service and user rights in relation to electronic communications networks and services as amended by Directive 2009/136/EC of 25 November 2009;
Considering the Post and Electronic Communications Code (hereinafter "CPCE"), including 15 of Article L. 32 and Articles L. 35-2, L. 35-3, R. 20-30, and R. 20-31 to R. 20-39;
In view of the notices of calls for applications launched by the Ministry of Economy, Industry and Employment on January 14, 2009 for the components of the universal telephone service, directory in printed form and information service as well as public service;
In view of the Order of the Minister of Economy, Industry and Employment dated 17 June 2008 published in the Official Journal of the French Republic of 26 June 2008 and authorizing TLIC to provide its customers with the rate reduction set out in I of Article R. 20-34 of the CPCE;
In view of the Order of the Minister for Industry dated 18 November 2009 appointing the operator responsible for providing the directory of subscribers in printed form under the component of the universal service provided for in 2° of Article L. 35-1 of the Post and Electronic Communications Code;
In view of the Order of the Minister for Industry dated 18 November 2009 appointing the operator responsible for providing the information service of the universal service component provided for in 2° of Article L. 35-1 of the Post and Electronic Communications Code;
In view of the Order of the Minister for Industry dated 18 November 2009 appointing the operator responsible for providing the component of the universal service provided for in 3° of Article L. 35-1 of the CPCE (publiphony);
In view of the Order of the Minister for Electronic Communications dated 1 December 2009 appointing the operator responsible for providing the universal service component provided for in 1° of Article L. 35-1 of the CPCE (telephone service);
Having regard to Decision No. 2010-0447 of the Electronic Communications and Post Regulatory Authority dated 20 April 2010 publishing the rules used for the application of the methods referred to in Articles R. 20-33 to R. 20-39 of the Post and Electronic Communications Code for the calculation of the final cost of the universal service for the year 2008;
Having regard to Decision No. 2010-0448 of the Autorité de régulation des communications électronique et des postes dated 20 April 2010 fixing the final assessments of the cost of universal service and the contributions of the operators for the year 2008 published in the Official Journal of the French Republic on 14 November 2010;
After deliberating on 16 November 2010,
I. ∙ Regulatory framework
1. On the need for a decision of the Authority
Article L. 35-3 of the CPCE provides that "the amount of net contributions to which operators are liable to the fund under the II and the amount of the funds due to the operators designated to ensure the obligations of the universal service shall be determined by the Authority for the regulation of electronic communications and posts".
The purpose of this decision is to set out provisional contributions for the 2011 financial year.
2. On the introduction of a provisional calculation method
The Decree No. 2003-338 of 10 April 2003 published in the Official Journal of the French Republic on 13 April 2003 on the financing of the universal telecommunications service has modified the method of calculating the forecast contributions of operators to the universal service fund. Article R. 20-39 of the CPCE in its drafting of the Decree of 10 April 2003 provides that these contributions are now based on a provisional method based on the final contributions calculated during the last fiscal year.
Article R. 20-39 of the CCCB states that "if, for the last year for which the balance was recorded, the final balance of an operator is obligated, the operator shall make a provision for the amount corresponding to the fund". The provisional contribution is paid in two equal terms. It also states that if, for the last year recorded, the balance calculated previously is payable, "the fund shall pay the corresponding amount under the conditions set out in R. 20-42". Article R. 20-42 of the CPCE states that "at each maturity, the total amount of payments made to the creditors is equal to the amounts actually recovered by the Fund managed by the Caisse des dépôts et consignations, less than half of the forecasting costs of management (...)".
For the calculation of 2011 instalment contributions, the final final cost issued at the time of this decision, i.e., 2008.
3. On the integration of operators providing universal service other than the operator
or operators responsible for the components of the universal service
Article R. 20-39 of the CPCE states that "if a new operator provides the universal service, the Electronic Communications and Post Control Authority shall assess the forecast cost of this service from information about the year before the year of service delivery, communicated by the new operator, by the 31 October of the year preceding the year in question".
Such a cost is then taken into account in the calculation of instalment contributions, by increasing or decreasing these contributions.
II. - Distribution of contributions between operators for the 2011 financial year
1. Contributor operators (debiters)
The financial contributions of the debtor operators for the year 2011 are those recorded for the final cost of the year 2008 and are described in the annex.
Compared to Appendix I of Decision No. 2010-0448 on the final assessment of 2008, the changes described below were made.
Telecom Italia was absorbed by Free on 31 December 2008. Accordingly, Telecom Italia's contribution was transferred to Free.
Tele2 Mobile SAS, following its acquisition by Omer Telecom Limited, has become the company Omer Mobile SAS. The latter was absorbed by Omer Telecom Services to become Omer Mobile on March 31, 2010, with retroactive effect on January 1, 2010. As a result, Tele2 Mobile SAS' contribution was transferred to Omer Mobile.
Telegate France has changed its name and is now 118,000.
Finally, KDDI France stopped its operator activity in 2010.
2. Contributors in charge of a universal service delivery (creditors)
The management costs of the Caisse des dépôts et consignations, as a forecast, for the 2011 financial valuation, are Euro55,764, with the amount of the 2011 forecasting costs approved at the universal service fund monitoring committee on October 15, 2010.
a) Pay or play operator
By order of the Minister of Economy, Industry and Employment dated 17 June 2008, TLIC, which did not exist in 2006, was authorized to provide its customers with the rate social reduction. As a result, the company's activity has been reviewed with respect to the provision of the rate social reduction since the date of the order, in order to determine whether the company is likely to benefit from the compensation provided for in section R. 20-39 of the CPCE for the social tariff component in the 2011 instalment.
This section states that, in the event of a new operator, the Authority assesses the forecast cost of the rate social reduction benefit from information regarding the year before the service delivery year, that is, 2010 for the 2011 instalment valuation, which must be forwarded by October 31 of the year prior to the supply year. TLIC sent the information by e-mail on October 25, 2010 to indicate a postponement of the start-up of its activity, which would occur in the first quarter of 2011. The AMF noted on 31 October 2010 that the start of the business activity, initially scheduled for 1 July 2008, had not taken place.
As a result, TLIC's net contribution to social tariffs for the 2011 instalment year is zero.
(b) Designated operator
France Télécom, designated for the telephone and public service components, presents a credit balance for the 2011 instalment contribution. This balance is the total amount of the accrued contributions of the debtor operators for the 2011 financial year, which are deducted from the 2011 forecast management costs. France Télécom's reserve credit balance is therefore 14,984,033 euros (see annex).
France Télécom is the only creditor operator for 2011.
Decides:
The provisional contributions of operators to the universal service fund for the year 2011 are those annexed to this decision.
The Director General of the Autorité is responsible for the application of this decision, which will be published in the Official Journal of the French Republic and notified to the operators listed in the annex.
A N N E X E
DECISION No. 2010-1230 PROVISIONAL CONTRIBUTIONS
TO THE ANNOUNCEMENT UNIVERSAL SERVICE FUNDS 2011
| France Télécom | 14 984 033 |
| 6 COM | 559 | 118218 THE NUMERO | 53 266 |
| 118 000 | 5 714 | Mediaserv SARL | 6 584 |
| ACN COMMUNICATIONS FRANCE | 17 142 | Midi Telecom | 3 765 |
| Afone | 20 316 | Mobisud | 4 249 |
| Altitude Telecom | 18 730 | Numericâble | 51 362 |
| Auchan Telecom | 9 623 | NC Numéricable | 43 108 |
| AT indicatorT Global Network Services France SAS | 26 538 | Nerim | 4 190 |
| B3G | 5 968 | Netsize | 1 778 |
| Bouygues Telecom | 2 303 967 | Nordnet | 210 |
| BT France | 37 140 | NRJ Mobile | 24 443 |
| Budget Telecom | 4 444 | OMER TELECOM LIMITED | 99 676 |
| Cable & Wireless | 6 984 | Omer Mobile | 72 796 |
| Central Telecom | 4 444 | One-Tel | 5 942 |
| Cogent Communications France SAS | 3 174 | Orange Caribbean | 162 401 |
| Colt Technology Services | 115 103 | Orange France | 4 931 085 |
| Completel SAS | 107 929 | Orange Meeting | 43 172 |
| Coriolis Telecom SAS | 10 793 | Optimitel | 867 |
| Darty Telecom | 24 633 | Outremer Telecom | 77 933 |
| Dauphin Telecom | 2 444 | PagesJaunes | 7 288 |
| Débitel France | 19 295 | Primus Telecommunications France SA | 5 028 |
| Digicel French Antilles Guyane | 52 060 | Prosodie | 34 918 |
| Eagle Telecom | 8 888 | Radianz France | 491 |
| Easynet | 9 460 | RMI Informatique | 1 333 |
| Equant France SA | 6 882 | SFR | 5 729 315 |
| Is Videocommunication | 5 968 | SRR | 125 007 |
| Free | 471 078 | SAS SPM TELECOM | 463 |
| Futur Telecom | 18 538 | Sprintlink France SAS | 3 327 |
| GC Pan European Crossing France | 15 110 | Symacom | 18 032 |
| Hub Telecom | 28 189 | Telemedia Communications | 2 273 |
| ICtelecom | 5 079 | Transaction Network Services | 18 792 |
| Intercall | 5 938 | T-Systems France | 15 764 |
| Jonas Technology | 2 540 | Transmission | 1 122 |
| KDDI France | 947 | Xplorium France | 280 |
| Kertel | 13 650 | Verizon France | 95 739 |
| Keyyo | 4 531 | | |
Done in Paris, November 16, 2010.
The president,
J.-L. Silicani
