Key Benefits:
Electronic Communications and Postal Regulatory Authority,
Seen directive 2002 /22/EC of the European Parliament and of the Council of 7 March 2002 concerning universal service and the rights of Users with regard to electronic communications networks and services (Directive " Universal service "), as amended by Directive 2009 /136/EC of 25 November 2009;
Given the postal code and electronic communications (hereinafter ' CPCE "), and in particular Articles L. 32 (15 °), L. 35-3 and R. 20-31 to R. 20-39;
In view of the Order of the Minister Delegate to Industry dated February 19, 2010 fixing the monthly amount of the telephone tariff reduction for certain categories of persons As part of the universal electronic communications service;
In view of Decision No. 2008-1229 of the Authority of 13 November 2008 fixing the provisional contributions to the cost of the universal service for the year 2009;
In view of Decision No. 2008-0162 of the Authority of 7 February 2008 fixing the rate of remuneration of the Capital employed to evaluate the costs and rates of the fixed activities regulated by France Télécom for the year 2009 provided for in Article R. 20-37 of the CPCE, published in the Official Journal of the French Republic of 29 March 2008;
In view of Decision No. 2010-0778 of the Authority dated 1 July 2010 adopting the notice of declaration of the relevant turnover for the calculation of the final contribution to the universal service fund for the year 2009, published in the Official Journal of the French Republic of 5 January 2011;
Based on Decision No. 2011-0356 of the Authority dated 26 January 2011. April 2011 publishing the rules employed for the application of the methods referred to in Articles R. 20-33 to R. 20-39 of the CPCE for the calculation of the definitive cost of the universal service for the year 2009;
In view of Decision No 2011-0592 of the Authority on date On 24 May 2011 to publish for the year 2009 the attestation of conformity of the incoming costs in the operating accounts by product of the net cost of the universal service established by France Télécom in the framework of its regulatory obligations;
Vu Notice No. 2000-0531 of the Telecommunications Regulatory Authority dated 9 June 2000 on tariff decision No. 00086E on the request by France Télécom to propose social rates and to delete the subscription ' Low-consumption line " De France Télécom;
In view of Opinion No. 2005-0031 of the Telecommunications Regulatory Authority dated 21 January 2005 on France Télécom's tariff decision No. 2004168 on the modification of the cost of commissioning, of the monthly price Subscription and national contract price for contracts " Main Subscription " And " Social Subscription " ;
In view of Opinion No. 2005-0127 of the Telecommunications Regulatory Authority dated 3 February 2005 on France Télécom's tariff decision No. 2004168 on the modification of the charging fees, the monthly subscription price and the Price of national contract communications " Main Subscription " And " Social Subscription " ;
Given the declarations of relevant business numbers for the universal service transmitted by operators;
After deliberating on May 24, 2011,
I. -Introduction
I-1. The financing mechanism for the universal service
Article L. 35-3 of the CPCE defines the financing arrangements for the net costs attributable to universal service obligations.
The methods for calculating this net cost shall be determined by Articles R. 20-31 to R. 20-39 of the CPCE. These methods are specified by rules which, pursuant to the provisions of Article R. 20-40 of the CPCE, are to be published by the Authority.
The purpose of this Decision is to assess the final net cost of service obligations The
employed for the calculation of the definitive cost of the universal service for the year 2009 were adopted by the Authority, following a public consultation conducted from 4 February to 18 March 2011, in its decision No. 2011-0356 of April 26, 2011.
I-2. The procedure followed by the Authority
The information necessary for the preparation of the cost estimates of the universal service components for the calculation of the final cost of the universal service for the year 2009 was provided by France Télécom on 17, 21 and 30 December 2010.
Moreover, the accounting of France Télécom used for the calculation of the net cost of universal service obligations has been audited by an independent body designated by the Authority in the decision N ° 2010-0903 dated 27 July 2010, pursuant to Article L. 35-3 of the CPCE. The audit covered the cost and revenue data of the services taken into account in the evaluation of the cost of universal service obligations, as well as on the methods of data collection relating to the characteristics of the network and Trafficking, from the information system of France Télécom. The corresponding audit report was submitted to the Authority on 22 December 2010. The certificate of conformity has been published in the annex to Decision No. 2011-0592 of 24 May 2011.
In parallel to this work, the Authority has issued a notice of the relevant turnover for the calculation of the final contributions The universal service fund for the year 2009. This notice of declaration was the subject of a public consultation which took place from 26 May to 15 June 2009, before it was adopted by Decision No 2010-0778 of 1 July 2010. The Authority also carried out an external audit of the declarations of the business figures for the electronic communications services of the operators contributing to the universal service fund for the year 2009, which were used to determine the Contributions by these operators to the universal service fund. This control dealt with statements made by 41 operators. The report corresponding to this mission was submitted to the Authority on 22 December 2010.
Finally, the Authority adopted in its Decision 2009-0889 the value of the rate of pay of capital for 2009 provided for in Article R. 20-37 of the ECCC. The value of the rate of remuneration for the capital employed is 10.7 %.
II. -Evaluation of the net costs of the components of universal service
II-1. Evaluation of the net cost of the Equalization entitlements
corresponding to geographic equalization obligations
The net cost of this component is assessed using the methodology set out in Article R. 20-33 of the CECP. It is equal to the sum of the relevant net costs in unprofitable areas that would not be served by an operator acting under market conditions.
Net Cost Assessment Template for Unprofitable Areas
As As stated in its decision n ° 2011-0356 dated 26 April 2011, the Authority maintained for the year 2009 the choice of a cutout in local distribution zones. The Authority has therefore used a model representing the economy of the network of France Télécom with 35 classes of local distribution zones characterised by their population density.
The model reflects the behaviour of an operator subject to A geographical equalisation of its tariffs and acting under market conditions, which develops the network from areas of higher population density to the least dense areas. For each class of local area, a net cost shall be shown where the additional cost incurred by the operator to serve this category of local area is greater than the direct and indirect revenue withdrawn by the service Class of local areas. The model considers that the operator seeks to maximize its profit by stopping its deployment when any additional extension of its network decreases it.
Unprofitable areas are, by definition, those that the operator would not serve. Not in these conditions and the net cost of the geographical rate equalization obligation is the sum of the net costs of unprofitable areas.
The cost and revenue data recorded in 2009, provided by France Telecom and audited, have Was introduced in the model used by the Authority.
The model is by On the basis of the rules adopted by the Authority in its decision n ° 2011-0356 of 26 April 2011, adopted following the public consultation carried out from 4 February to 18 March 2011.
The final net cost of unprofitable areas for 2009, before taking into account the intangible benefits, amounts to EUR 5.743 million, representing 175 458 analogue subscribers, or 0.84 % of the number of analogue main lines, located in local areas with less than 7.5 inhabitants To the km².
II-2. Assessment of the net cost of the obligation to offer specific
rates to certain categories of subscribers to provide access to
telephone service The reduction of the telephone bill
The offer of specific rates Pursuant to Article R. 20-34 of the CECP was implemented on 1 July 2000. Potential beneficiaries, who receive a certificate sent by their social organization (National Family Allowances Fund, National Union for Employment in Industry and Commerce or Caisse centrale de mutualité sociale agricole), the Refer to the provider of the rate social reduction if they wish to benefit from the scheme.
The reduction granted by France Telecom is, in 2009, at EUR 9.50 all taxes per month and per beneficiary from This date. In the context of the evaluation of the net cost of the universal service, the amount taken into account for the compensation of operators shall be EUR 4.21 excluding taxes per month and per beneficiary over the whole of 2009, in accordance with the aforementioned decree of The Minister of Economy, Industry and Employment as of February 19, 2010.
In December 2009, 379,410 beneficiaries benefited from the telephone rate reduction, which represented, for the year 2009, a total of 20,116 EUR million duty-free. As of December 2008, 428,000 tenants benefited from this reduction.
Article R. 20-34 of the CECP states that " The amount of compensation paid to each operator by the universal electronic communications service fund shall be equal to the net cost of the tariff offer plus the management costs incurred by the managing bodies and by the Provider responsible for the management of the tariff reduction scheme on behalf of the operators. "
These management costs amount to EUR 2.311 million in 2009. These fees correspond to the management costs of the social organizations and those of the managing body of the tariff reduction. They correspond to the costs of postage of the certification and to the staff costs of the employees of the social agencies assigned to this operation and of the manager of the tariff reduction scheme.
Summary
In total, as part of the final cost for 2009, the net cost of the social rate component, before taking into account the intangible benefits, amounts to EUR 22.428 million. This net cost does not exceed the ceiling of 0.8 % of the sales of the telephone service to the public of the year, in accordance with article R. 20-34 of the code.
II-3. Assessment of the net cost of obligations to provide service to the
territory in public domain telephone booths
The evaluation of this component is established in accordance with the rules adopted by Decision No. 2011-0356 of the Authority and from the operating accounts of the publishing activity, and the number of publications by commune, information provided by France Telecom and audited.
The final net cost of this component for 2009 is EUR 14.081 million before the benefits are taken into account Immaterial. It is down from 2008 (EUR 15.379 million). It corresponds to the taking into account of 29,450 cabins in the 26,372 municipalities for which the number of cabins meets the standard defined by Article R. 20-30-3 of the CPCE and for which the publishing activity is in deficit. The continuing decline in fixed costs per telephone, mitigated by the decline in traffic between 2008 and 2009 and the slight increase in variable costs, has led to a decrease in the number of loss-making cabins (28,536 booths taken into account in 25,869 communes in 2008) and the average deficit per cabin.
II-4. Assessment of net cost of obligations corresponding to the
provision of an information service and a subscriber directory in paper and electronic form
In response to calls for applications for components " Print directory " And " Information service " For the periods 2007 to 2009 and 2009 to 2011, France Telecom and PagesJaunes estimated that the net cost of the two sub-components " Printed Directory " And " Information services " Is null.
Article L. 35-3 of the CPCE provides that: " The net costs under III may not exceed the commitments made, where appropriate, in the context of the calls for applications provided for in Article L. 35-2, by the operators designated to ensure universal service obligations. "
In addition, Article 6 of the orders of 18 November 2009 and 3 December 2009 designating the operator responsible for the provision of the printed directory and universal information service component established that the above-mentioned component" Is not compensated by the universal service fund. "
The net cost of the two sub-components is therefore nil. Consequently, there is no need to specify rules for the components " Printed Directory " And " In
Decision No. 2008-1229 fixing the provisional contributions to the cost of the universal service for the year 2009, the Authority adopted a zero provisional cost for this component, corresponding to the Amount of the last known final evaluation of this component (in this case, 2006).
II-5. Assessment of the Induced Benefits of Being a Universal Service Operator
In accordance with CPCE Article R. 20-37-1, the intangible benefits include:
-the technical and commercial benefit resulting from the scope of the network, in relation to an operator acting under market conditions, for the connection of new subscribers;
-the benefit of the improvement in the capacity time Subscribers benefiting from the universal service;
-the profit from the operation of subscriber data, for market knowledge;
-the profit derived from the brand image associated with the operator position of Universal service.
The Authority has carried out work on intangible benefits Since 1998:
-in particular, it defined in 1999 a method for assessing the advantage of the image of the mark;
-following the judgment of the Court of Justice of the European Communities C-146/00 of 6 December 2001, it assessed All intangible benefits for each fiscal year starting in fiscal year 1998;
-commissioned a new study in 2006 to an independent consultant to update the results of the calculation of the benefit The brand image for the year 2005;
-it commissioned a new study in 2010 Independent consultant to update the methodologies used for the valuation of intangible benefits. In particular, this study enabled a method to be used to assess the benefit of advertising on telephone booths and to update the survey for an evaluation of the branding benefit Component by component for the year 2009.
Until the last designation, France Telecom was the only designated operator for all universal service components that required a calculation of net cost. The method of assessing the benefits of universal service provider status was aggregated, with no allocation to each of the components.
The current regulatory framework provides for the possibility of designating Several operators responsible for providing one or more components of the universal service (CPCE Article L. 35-2). In December 2009, PagesJaunes was designated as a sub-component provider " Printed Directory " And " Information Service " Of the component " Directory and Information Services " Of the universal service.
The orders of 18 November 2009 and 3 December 2009 designating the company PagesJaunes do not provide for compensation for the component " Directory and information services ", which implies that it is not necessary to value the intangible benefits associated with this component.
Therefore, it is only on the components" Telephone service " And " Telephone cabins " The intangible benefits, as provided for in Article R. 20-37-1 of the CPCE, should be evaluated in 2009.
In the context of this decision, the Authority has updated the methods while maintaining consistency with the methods it already had In order to adapt it to the current situation in which several universal service providers coexist: France Telecom for telephone service and telephone booths and YellowPagesYellow Print directory and information services. In this spirit, it has updated the previous assessments.
Technical and commercial benefit resulting from the extent of the network (ubiquity-related effect)
Telephone service
By essence, the allocation of This benefit to the telephone service component takes into account the tariff obligations corresponding to the equalization obligations.
This benefit may be technical as it is associated with an additional scale economy obtained By connecting unprofitable lines. This benefit is implicitly taken into account in the calculation model of the cost of geographic equalization, through avoidable cost modelling. Indeed, in this assessment, the " Passage " Of an operator acting in market conditions to the real situation of France Télécom is done at incremental cost. In other words, the costs that would be avoided by France Télécom were assessed if it did not have to serve customers and unprofitable areas. In these conditions, economies of scale, which, in chronological order, " Benefit " To the last subscribers, are transferred by modeling to unprofitable areas.
As a result, there is no need to take this advantage into account again and in isolation.
France Telecom can also remove a commercial advantage from its Universal service operator status when a customer moves from an unprofitable area to a profitable area. He will speak more easily to France Telecom because he knows that France Telecom is present in the area where he moves. In this case, the value of ubiquity will be estimated based on the number of subscribers in unprofitable areas moving to a profitable area and remaining loyal to the operator.
The Authority evaluates this benefit at € 109,363. This amount is related to the number of subscribers moving from an unprofitable area to a profitable area that is now low (the number of subscribers in unprofitable areas has declined significantly since 2003).
Telephone Cabins
The operator responsible for the provision of telephone booths also benefits from the scope of the telephone booths network, which can be used as a medium for advertising posters. This use has been proven in other European Union countries. The operator could therefore derive a commercial advantage from these cabins, which would be materialized by advertising revenue. These material benefits should be deducted from its costs. The operator decided not to take full advantage of its network of cabins and therefore to make this profit immaterial.
The evaluation of the benefit resulting from the extent of the cabins network, corresponding to the value of the display Advertising on telephone booths, is for the Authority to estimate the potential revenue for the operator of an advertising display on its cabins in unprofitable areas.
The value of the gross price of advertising display was Assessed by benchmark on the basis of relevant peri-urban offerings for the Small communes. A ratio of relevant cabins among the unprofitable cabins, corresponding to the evaluation in Belgium, Italy and the United Kingdom, was selected. In addition to the previous information, the size of the advertising display and the set of discounts granted, taxes, margins and internal costs allowed the annual profit to be estimated at 164 euros per deficit, which is homogeneous with Evaluation in these other countries.
In accordance with the II-2, 29,450 booths recorded a deficit situation, which represented, for the year 2009, an annual profit linked to the advertising display of 4.829 million euros.
The Benefit linked to the improvement over time of the economic capacity of subscribers
Universal Service (Life Cycle Effect)
Telephone Service
The consumption of a line naturally varies according to the time and composition of the family using the line. For example, the telephone consumption of a couple with children is likely to increase steadily as children become consumers of telephone services, and then decrease sharply at the time of departure from home Family. On the other hand, the average individual consumption of a telephone line increases steadily, at least in volume. This is an effect induced both by the club effect (when an additional subscriber is connected to the telephone network, each of the already connected subscribers can call it) and by the modification of the consumption habits, out of effect club. This is a global macroscopic effect.
With respect to geographic equalization, this effect can be taken into account by projecting total costs and revenues over a five-year study horizon: The areas that are profitable over the period of the study. In other words, the life cycle benefit is equal to the net cost of those areas that are not profitable for the year in question but which are not profitable over the entire period considered. For 2009, due to the evolution of the costs and revenues of France Telecom, no unprofitable area in 2009 would become profitable over a five-year period.
As a result, the life-cycle impact in the cost of service assessment Phone 2009 has a zero value.
Social rates for telephone service
Some of the clients who benefit from the telephone component's social offer will have a natural inclination to Remain customers of this operator even though they will no longer be eligible for this offer Social. This effect is actually a life cycle effect. The value of the life cycle benefit derived from the social offering of the telephone service is calculated on the basis of the movements of customers previously eligible for the social offer and beneficiaries of the offer which are no longer eligible and subscribe to a Operator offering. These movements were estimated on the basis of a study (1) carried out for the Observatoire national de la pauvreté et de l' exclusion sociale (ONPES) and the annual margin corresponding to residential offers in France
17 215 euros the life cycle effect in the evaluation of the cost of social prices 2009.
Telephone Cabins
An operator acting under market conditions may wish to connect an area or a public phone today Uneconomic, in anticipation of the future evolution of its cost and revenues.
It is expected that the revenues of the phones will be broadly stable or declining over the next five years, due in particular to the development of mobile telephony. An uneconomic payphone in 2009 will likely be published over the reporting period. Therefore, the advantage over time in the economy of unprofitable publishers is zero for the year 2009.
As a result, the life-cycle impact of the 2009 telephone booths cost estimate has a zero value.
Operating profit from data for
Phone subscribers
A universal service operator has information (in terms of consumption level, traffic profile, for example) that it Can use, especially for marketing studies and needs
The estimate is based on sales of additional services to subscribers in unprofitable areas and to subscribers of social rate offerings, in proportion to the number of rows affected.
These sales of
The Authority evaluates to 467 680 euros the profit from the exploitation of subscriber data for 2009.
The profit from the brand image associated with the
Service Universal Service Operator position
The purpose of the 2010 survey was to update the evaluation of the branding benefit. The methodology used also made it possible to differentiate the calculation, component by component.
The estimate requires a survey of residential subscribers. Apart from questions related to the identification of sonids (region, size of commune, PCS, age, etc.), their consumption and over-prices, two types of questions are posed to respondents:
-questions about France Télécom's corporate identity with the subscriber;
-questions related to knowledge by survey of obligations in terms of France Télécom's universal service.
Evaluation of benefits withdrawn from The brand image in 2009 was based on a methodology developed by the Authority in 1999, which is based on the over-price that a subscriber agrees to pay before switching to a competitor of France Télécom. This overprice is updated with the results of a survey conducted by an institute in 2010.
The telephone service and telephone service components were calculated for telephone service and publishing components. In the absence of unbundling of the over-prices for the components, the allocation of the over-price to the telephone service is carried out in proportion to the turnover shown on residential lines. Applied to France Telecom's analogue fixed-line turnover on the residential segment, the over-price methodology values the advantage, in terms of brand image, at 7.018 million euros that France Telecom withdraws from its status Universal service operator, for telephone service, in 2009 (compared to 18.309 million euros in 2008 for all components).
Telephone Cabins
Applied to telephone booths of France Telecom, the over-price methodology valued at 102,187 euros The advantage, in terms of brand image, that France Telecom is withdrawing from the operator status of telephone booths in 2009.
Summary of intangible benefits by component
In total, the intangible benefits are distributed Component by component, as shown in the table below:
| Ubiquity | 109 363 | 4 829 800 |
| Life Cycle | 17 215 | 0 |
| Consumer Data | 467 680 | 0 |
| Branding | 7 018 130 | 102 187 |
| Total immaterial benefits | 7 612 388 | 4 931 987 |
II-6. Summary
The table below shows the cost of the universal service by component, before and after consideration of intangible benefits:
| Telephone Service | 28 171 072 | 7 612 388 | 20 558 684 |
| Phone | |||
| 4 931 987 | 9 149 456 | ||
| Printed Directory and Intelligence Services | 0 | 0 | 0 |
| Total | 42 252 515 | 12 544 375 | 29 708 140 |
II-7. Compensation
The final cost of the universal service, intangible benefits deducted, amounts to € 29,708 million in 2009. It is up from the year 2008: EUR 22.556 million, and at a level comparable to that of the provisional assessment for 2009.
II-8. Deprecation of excessive load
In accordance with the CPCE, the Authority has calculated the net cost of the universal service for the year 2009 taking into account the intangible benefits, leading to a cost of 29.708 million Euros in 2009 that is not " Not excessive ". This net cost appears not only significant in absolute terms but also excessive, once reported to the situation of the provider operator, given the competitive situation in the French market.
The order of magnitude of the cost Net of universal service 2009 is comparable with the order of magnitude of the fines imposed by the competition authorities.
The Authority assessed whether the net cost was excessive for France Télécom in terms of its capacity to Bearing in view of its own characteristics, in particular the level of its The universal service represents a net cost of more than EUR 29 million for the year 2009. The
service represents a net cost of more than EUR 29 million for 2009. In view of the market share of the operator responsible for the provision and the allocation rule, the provision of the universal service results in a net charge of EUR 12.3 million, on the scale of the France Télécom group, comparable to the Fines imposed by the European Commission or the Competition Authority.
By Decision No. 09-D-36 of 9 December 2009, the Competition Authority imposed a pecuniary penalty on France Télécom in the amount of 10.5 million EUR. The Competition Authority, whose sanctions must be dissuasive, has thus estimated that an amount of the order of 10 million euros was likely to weigh significantly on France Telecom
The group's 2009 financial report, cited in note 9 of the 2009 reference document (p. 456), among the judicial, arbitration and administrative proceedings liable to have a significant impact on the financial position of the France Télécom group, the following procedure below the net cost of the universal service For 2009:
" In July 2003, following a sector inquiry into the conditions for the implementation of the unbundling of the local loop and access to broadband services in the Member States of the European Union, the European Commission condemned Wanadoo EUR 10.35 million fine for abuse of dominant position between March 2001 and October 2002. On 30 January 2007, the ICTR confirmed this decision and, on 2 April 2009, the CJEU rejected France Télécom's appeal. The decision of the European Commission has thus become final. "
The net cost of the year 2009 is higher than in the year 2008, which amounted to € 22.7 million and was considered an excessive burden. Moreover, the ratio between this net charge and the relevant turnover of France Télécom is slightly higher in 2009.
This cost therefore has an excessive character in relation to the market share of France Télécom and the situation
This charge is significantly higher than the cost of implementing the funding mechanism.
This amount should be compared to the cost of implementing the funding mechanism. It includes the cost of managing the Fund by the Caisse des Depots, the costs of the regulatory audits necessary to calculate the net cost and the production of the relevant business figures for the evaluation of contributions, the related costs The preparation of declarations and payment by operators, the costs related to the calculation of the net cost of the universal service by the Authority and the management of the tariff social reduction scheme. This total cost of implementation is less than EUR 4 million, the majority of which is attributable to the tariff reduction scheme.
The burden is clearly significant with regard to its collection cost.
Conclusion
A cost of more than EUR 29 million and a charge of EUR 12.3 million corresponding to the net contribution for the claimant is clearly a burden ' Excessive " And it is appropriate to implement the compensation mechanism in accordance with Article L. 35-3 (III) of the CPCE.
II-9. Management Fees
The contributions are to increase the management costs of the Deposits Fund, amounting to € 67,350, the level of the amount validated by the Fund Control Committee as of October 15, 2010.
II-10. Impayments
Article R. 20-39 of the CPCE states that " in the event of an operator failure, and if the sums due by that operator are not recovered within one year of the failure as referred to in Article R. 20-43, they shall be charged in the financial year following this finding on the accounts of the other operators pro rata by each calculated in the manner described above, and paid at the same time as the following final balance.
The accounting years prior to the year 2006 have already been closed previously. The financial year 2007 remained to be completed.
At the request of the Authority, the Caisse des Depots provided him with a summary of the debts, updated on the current interest until 31 December 2010 with regard to the fund, for each of the operators, for 2007 fiscal year. These accounting statements will be used for the final closure as at 31 December 2011 from the accounting point of view for the financial year 2007.
The following table summarizes, for the year, the debts updated as of 30 May 2011, the presumed date of the regularisations of 2009 fiscal year:
| 2007 | 29 780 |
III. -Distribution of contributions between operators
The full cost of the universal service for the financial year 2009 is financed through the universal service fund. The operators have communicated to the Authority their sales figures for electronic communications services in accordance with Article R. 20-39 of the aforementioned code. These values determine, for each operator, its net contribution to the universal service fund.
III-1. Key for allocating the cost of the universal service between contributors
The wording of Article L. 35-3 of the CPCE provides in the second paragraph that: " The contribution of each operator to the financing of the universal service shall be calculated on the basis of its turnover in respect of the electronic communications services, excluding the one carried out in respect of the services The provisions of Article L. 34-8 and the other services made or invoiced for the account of third-party operators.
Article R. 20-39 of the CPCE specifies the procedures for applying the New legal regime applicable to the calculation of cost of universal service:
" The operators who contribute to the universal service fund are the operators of networks open to the public and providers of electronic communications services to the public.
The contribution of each operator to the financing of the service Universal shall be calculated on the basis of its turnover in respect of electronic communications services, excluding:
1 ° The turnover of the interconnection and access benefits covered by the agreements defined in Article L. 34-8 and the other services performed or invoiced on behalf of third-party operators;
2 ° Turnover in the delivery and distribution of radio and television services as well as the operation of collective antennas.
In the framework of offers involving radio or television services to services Electronic communications, the operator's contribution is established In proportion to the single turnover of the electronic communications services.
For the purpose of calculating the contribution, a reduction of EUR 5 million shall be applied to the annual turnover thus calculated. "
Decision No. 2010-0778 dated 1 July 2010 adopted the relevant turnover statement for the calculation of the final contribution to the universal service fund for the year 2009 taking into account the Regulations set out in Decree No. 2004-1222 of 17 November 2004.
III-2. Contributors: electronic communications operators
Contributors to the universal service are the operators as defined by Article L. 32 (15 °) of the CPCE: Any natural or legal person operating an electronic communications network open to the public or providing the public with an electronic communications service ".
III-3. What is credited to operators
France Télécom provides all the components of the universal service. Consequently, France Télécom is credited with the total net cost of the universal service calculated in point II-6.
The amount credited to France Télécom includes the costs of managing the social agencies and the provider of the reduction Which amounts to EUR 2.311 million, which is the responsibility of France Télécom to remit them to the organisations and providers concerned.
III-4. What is ported to the rate of the operators
Evaluation of the relevant turnover of each registrant
The relevant revenue to determine the contribution of each registrant is obtained from the declarations Operators carried out in accordance with the rules laid down in the statement of declaration adopted by the Authority (decision n ° 2010-0778 of 1 July 2010).
The relevant turnover taken into account is equal to that reported by the operator, retired the case Where appropriate by the Authority following the audits carried out.
Abatment
Any registrant for which the relevant turnover is less than or equal to the amount of the 5-million-euro deduction defined in Article R. 20-39 of the CPCE is not contributory.
Any registrant for whom the figure Of the relevant business is strictly greater than the amount of the abatement is contributory. Its declared turnover is reduced by the amount of the deduction (EUR 5 million) in order to obtain a final turnover which is the basis for the calculation of its contribution.
The total relevant turnover communicated by all the Operators, and reprocessed by the Authority as a result of the audits carried out, amounts to EUR 34 446.853 million. Taking account of the abatement of EUR 5 million, the turnover for the calculation of the share of each contributor in the financing of the cost of the universal service is, in the end, EUR 33 966.892 million, down 5.08 % Vs. 2008.
Evaluation of the gross contribution of each contributor
The proportion of each contributing operator is determined as the ratio of its final revenue (abatement) Reported to the sum of the final business figures of all operators
This ratio is applied to the net cost of the universal service (29,708,140 euros) plus management costs (€ 67,350) and the adjustment of the unpaid balance (29,780 euros) to determine the gross contribution of each operator.
The Total amount of the financing of the universal service fund (EUR 29.805 million) reported in the total number of reference cases (after abatement, or EUR 33 966.892 million) represents a levy rate of around 0.08 % in 2009 (0.06 % in 2007 and 2008, 0.08 % in 2006, 0.09 % in 2005, 0.10 % in 2004 and 0.17 % in 2003).
Operators that have not completed declarations
The Authority notes that almost all operators have transmitted their declarations and that declarations that have not been made correspond to operators The relevant turnover is likely to be less than the amount of the abatement. The Authority also reserves the right to initiate appropriate procedures against non-reporting operators pursuant to Article L. 36-11 of the CPCE.
III-5. The net contribution of an operator
Pursuant to Articles L. 35-3 and R. 20-39 of the CPCE, if the credit of an operator is greater than its debit, the operator is credited towards the universal service fund.
Conversely, if the An operator's credit is less than its debit, it is a debtor to the universal service fund. The difference between its debit and credit is its net contribution to the universal service fund.
In other words, the net contribution of a contributor, positive or negative, is equal to the reduced gross contribution, if any, of the Net cost of the provision of the universal service benefits it provides.
The attached Annex defines the contributions established under this Decision.
The difference between the sum of the amounts owed by the debtor operators and the amount due By the accounts payable operators is the cost of managing the fund and the Unpaid.
III-6. Regularisation
Any discrepancy between the final values and the provisional values of the net cost of universal service obligations gives rise to regularisation. This may be for a particular contributor either by a contribution balance to be paid (net debit adjustment) or by repayment of an overpayment (net creditor regularization).
The calculation of the amount of this Regularization takes into account on the day of its evaluation:
-the amounts (not refreshed) called for the provisional deadlines and the dates of these deadlines;
-the amounts actually paid in respect of the provisional deadlines and the actual dates of these payments;
-the Amounts (not updated) called in respect of interest due in respect of one or more late payments, partial and/or not made, and the dates of those interest due dates;
-the interest in arrears actually paid in respect of Late payments, partial payments, and dates of these payments;
-interest, For each of the two provisional deadlines, on the amount of the difference between the amount called at that maturity and one half of the final contribution, current over the period between the date of that provisional maturity and that of The final regularisation, pursuant to Article R. 20-39 (these interests apply only to contributors who have been notified of a provisional contribution);
-the net contribution (undiscounted) due;
-the regularisation Debts and debts of the financial year ended 2007, the latter being Updated to the due date for final regularisation, in this case on 30 May 2011.
This regularization is notified to the contributors concerned.
For contributors with net debit regularisation (cases Where a balance is due), the notification of due date that is sent to them specifies the date. Any delay in payment shall be subject to legal interests which will increase the amount initially notified, irrespective of the procedures under Article L. 36-11 of the ECCC for failure to comply with the obligation to finance the service Universal. In memory, the interest rate used is the Euribor rate 12 months by the due date, plus four points following the publication of the Decree n ° 2008-795 of 20 August 2008.
Contributors with net creditor regularization receive their assessed contributions from other contributors within ten days of due dates or later in the case of late remittances from other contributors Contributors. It should be noted that, on the one hand, in the case of a late payment, contributors with a net creditor contribution will receive interest in arrears (as a result of the devaluation of the debt carried out by the Caisse des Depots, in The forecast of the final accounting period of the financial year and prior to the pooling of the debts referred to in point II-10), and that, on the other hand, due to the possible failures of certain contributors, the amounts actually collected by the Contributors with a net creditor contribution may be Finally less than the amount initially notified by the Authority (in which case a regularisation of these outstanding payments will be made in a final decision on another financial year and after the closure by the fund's control committee). 2009).
Decides:
The net cost corresponding to the universal service obligations for the year 2009, increased management and unpaid Of EUR 29 805 270, net of intangible benefits, component by component, for a total of EUR 12 544 375, and shall consist of the following:
EUR 20.558 million for the obligations corresponding to the telephone service;
EUR 9.149 million for the service of the territory in telephone booths installed on the public domain;
0 euro for the cost of obligations Corresponding to the supply of an information service and a subscriber directory in printed and electronic form;
67,350 euros in management costs of the Caisse des deposits;
29 780 euros for the adjustment of the debts of the financial year 2007.
This amount is an excessive charge and compensating.
The Net contributions of operators to the universal service fund for the year 2009 are those listed in Annex I to this Decision.
The Director General of the Authority is responsible for enforcement Of this Decision, which shall 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 S
A N N E X E I
REFINITIVE CONTRIBUTIONS TO THE YEAR 2009 UNIVERSAL SERVICE FUND
| France Télécom | 19 305 702 |
| 6 COM | 477 |
| ACN COMMUNICATIONS FRANCE | 40 364 |
| Afone | 23 780 |
| Akamai Technologies | 25 447 |
| Altitude Telecom | 35 685 |
| Auchan Telecom | 19 919 |
| AT&T Global Network Services France SAS | 45 804 |
| B3G | 10 442 |
| Bouygues Telecom | 2 927 273 |
| BT France | 82 483 |
| Budget Telecom | 6 142 |
| Cable & Wireless | 439 |
| Central Telecom | 6 142 |
| Cogent Communications France SAS | 3 685 |
| Colt Technology France | 82 746 |
| Completel SAS | 149 961 |
| Coriolis Telecom SAS | 22 990 |
| Darty Telecom | 47 735 |
| Dauphin Telecom | |
| Debitel France | 30 449 |
| Digicel French Antilles Guyana | 82 044 |
| Eagle Telecom | 6 142 |
| Easynet | 12 652 |
| Equant France SA | 7 292 |
| East Videocommunication | 9 916 |
| Free | 725 939 |
| Future Telecom | 26 719 |
| GC Pan European Crossing France | 24 482 |
| Hub Telecom | 41 292 |
| IC Telecom | 12,285 |
| Intercall | 2 964 |
| SAS Interoute France SAS | 4 010 |
| Jonas Technology | 1 755 |
| KDDI France | 357 |
| Kertel | 22 174 |
| Keyyo | 7 801 |
| 118000 | 6 142 |
| 118218 NUMERO | 76 126 |
| Mediaserv SARL | 19 805 |
| Mobisud | 1 579 |
| Numericâble | 90 556 |
| NC Numericable | 63 354 |
| Neo Telecoms | |
| Nerim | 5 528 |
| Netsize | 9 652 |
| Nordnet | 3 668 |
| NRJ Mobile | 73 094 |
| OMER TELECOM | 191 378 |
| Omer Mobile | 100 120 |
| One Tel | 4 545 |
| Orange Caribbean | 232 532 |
| Orange France | 6 705 088 |
| Orange Meeting | 64 232 |
| Optimitel | 7 897 |
| Outremer Telecom | 109 689 |
| Yellow PagesYellow | 10 517 |
| Primus Telecommunications France SA | 9 573 |
| Prosodie | 50 016 |
| Radianz France | 0 |
| RMI Informatique | 3 975 |
| SFR | 6 626 379 |
| SRR | 168 388 |
| SAS SPM TELECOM | 632 |
| Sprintlink France SAS | |
| Symacom | 22 814 |
| Telemedia Communications | 2 887 |
| Teliasonera International Carrier France SAS | 2 808 |
| Transaction Network Services | 9 301 |
| T Systems France | 32 695 |
| Verizon France | 141 362 |
A N N E X E I I
DETERMINATION OF FINAL CONTRIBUTIONS TO THE UNIVERSITY SERVICE FUND
DE L' ANNÉE 2009 DU GROUPE FRANCE TÉLÉCOM
| France Télécom fixes | 10 402 438 | 29 708 140 | -19 305 702 |
| Orange France | 6 705 088 | | 6 705 088 |
| Caribbean Orange | 232 532 | | 232 532 |
| Orange Meeting | 64 232 | | 64 232 |
| Total France Telecom Group | 17 404 290 | 29 708 140 | -12 303 850 |
Done at Paris, May 24, 2011.
The President,
J.-L. Silicani
