JORF n ° 0252 October 29, 2011 page 18300 text no. 135 opinion on a call for the designation of one or several operators provide the component of the universal service of electronic communications under 3 ° of article L. 35 - 1 du code positions and electronic communications (TDD or other points of access to the telephone service to the public) NOR : INDI1128416V ELI: not available this call for applications is intended to proceed with the designation of one or several operators in charge of the described component to 3 ° of article L. 35 - 1 of the post and electronic communications code.
It is composed of an introduction that recalls the legal framework and both parties.
The first part describes the minimum requirements that must be met by any operator selected on the basis of this call for applications.
The second part describes the procedure for selection and appointment of the selected operator.
INTRODUCTION reminder of the legal framework relating to the electronic frame COMMUNICATIONS universal SERVICE legal matter of the universal service of electronic communications is primarily the result: ― of the directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and the rights of users with regard to networks and electronic communications services ("universal service" directive) which has been amended by directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009;
― from the provisions of articles L. 35-35 - 8 and R. 20-30 to RS. 20-44 of the post and electronic communications code.
Article L. 35 - 1 of the post and electronic communications code provides that the universal service of electronic communications provides to all: 1 ° an open fixed public network connection and telephone service quality at an affordable price.
2 ° an intelligence service and a directory of subscribers in print and electronic format;
3 ° access to public telephone booths installed in the public domain or other points of access to telephone service to the public;
4 ° measures specific for end users with disabilities to ensure, firstly, access to the services referred to in 1 °, 2 ° and 3 ° which is equivalent to the access enjoyed by other end-users and, on the other hand, the affordability of those services.
Article L. 35 - 3 of the same code States that a universal service of electronic communications Fund ensures the financing of the net costs of the obligations laid down by article L. 35 - 1 if these costs constitute an excessive burden for an operator who has the burden.
Article L. 35 - 2 of this code indicates that, to ensure the provision of universal service throughout the national territory in compliance with the principles recalled in article L. 35 and the provisions of article L. 35 - 1, the Minister in charge of electronic communications may designate, for the component referred to in 3 ° of article L. 35 - 1, or the components or parts of components described in the 1 ° and 2 ° of the same article one or more operators to provide this component or item. The designation comes after calls on the technical and financial conditions as well as, where appropriate, the net cost of providing these benefits. On this last point, article L. 35 - 3 States that net costs that may give rise to compensation of the universal service Fund may exceed the commitments made, as appropriate, in calls for nominations provided for in article L. 35 - 2 by designated operators to ensure the universal service obligations.
Article L. 35 - 2 post and electronic communications code provides that the provision of the universal service to be subject of specifications. These specifications are annexed to the orders designating the operators responsible for providing universal service benefits. Article R. 20-30 of this code, however, States that a designated operator can entrust with the agreement of the Minister responsible for electronic communications, the provision or marketing of universal services to one or several companies. It shall conclude agreements that guarantee the maintenance of the universal service obligations. The designated operator remains solely responsible for the fulfilment of these obligations.
Calls for nominations provided for in article L. 35 - 2 above are likely to clarify the geographical areas of provision of the universal service. They can also contain no pre-defined geographic area. In the latter case, the geographical areas of provision of the universal service shall be adopted after receipt of all nominations with regard to the proposals and the skills of the candidates.
This call for nominations retains this last option.
FIRST part: DESCRIPTION of the minimum requirements for the provision of the component of the universal SERVICE of under 3 ° of the ARTICLE L. 35 electronic COMMUNICATIONS - 1 minimum obligations in question are the obligations laid down by the provisions of the code of posts and electronic communications for the provision of the universal service of electronic communications.
Among the obligations of universal service, only the most important are mentioned below, but the chosen operator undertakes generally comply with all legislative and regulatory provisions applicable to the services that it provides and more particularly the provisions of the code positions and electronic communications.
Candidates will be able to include in their application of the additional commitments to minimum obligations in question in order to enrich the offer of universal service. However, the costs of additional commitments will not result unless otherwise provided in the present call for applications for compensation paid by the universal service Fund. It will be same for the requirements for emergency calls.
The following terms have the same meaning as in the code of postal and electronic communications, unless otherwise specified.
The articles cited originate from the code postal and electronic communications, except where otherwise noted.
1. minimum requirements of provision of service all designated operator ensures constant availability of the universal service offering described in this document in the geographical area in which it has been selected, for all of the users of this area, in the respect of the principles of equality, continuity and adaptability.
The operator makes available to the public: ― on the public domain relating to this area of installations, referred to as public telephones, providing access without restriction to the telephone service to the public;
― or other points of access to telephone service to the public.
The operator makes available to the public at least a payphone or another point of access to telephone service to the public in each commune of the area under consideration. In the municipalities whose population exceeds 1,000, this operator implements at least a second payphone, or another point of access to the phone to the public. This distribution of telephone booths is function of the number of inhabitants in each municipality resulting from the last census of population published.
The operator assures from these payphones or points of access the routing of communications originating and destination of the metropolis, overseas departments, of the communities of Saint-Barthélemy, Saint-Martin, Mayotte and Saint Pierre and Miquelon, from New Caledonia, French Polynesia, Wallis and Futuna and southern and Antarctic French as well as foreign countries.
The operator assures the transmission and free routing of telephone calls of emergency under the conditions laid down in article L. 33 - 1.
2 minimum requirements for disabled persons installing payphone or public access points meet the needs of persons with disabilities. Any designated operator shall ensure that a portion of the public telephones or other access points to the telephone service to the public, established in application of article R. 20-30-3 are accessible to persons with motor disabilities; These include devices in the lowered position, in cubicles without doors, wider than standard payphone. The number of these public telephones or access points as well as their geographical distribution across the territory holds account of needs of the population concerned. Any designated operator makes available to persons hard of hearing or visually impaired payphone equipping them with equipment allowing, on the one hand, amplified listening that improves hearing and compatibility with certain hearing aids and on the other hand, the keys with lug.
If the operator wishes to embark on additional measures in favour of persons with disabilities in order to better adapt, for these people, the provision of services under subsection 1, and if these additional commitments are contained in the book loads framing its designation, the net costs incurred by these measures will be funded, where appropriate, by the universal service Fund.
3. minimum quality of service requirements
Any designated operator must comply with minimum quality of service requirements that will be measured by the following indicators, contained partly in annex III to directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending directive 2002/22/EC inter alia: indicator 1 ―: maximum rate of public telephones or other access points to the telephone service to the public in trouble more than twenty-four hours obtained by counting the number means of public telephones or access points recognized, including by the monitoring system, such as being probably in trouble for more than twenty-four hours for one hundred public telephones in operation;
― 2nd indicator: payphone rate or other points of access to the public telephone service detected as being in a State of upheaval, this outage being reported by the remote monitoring system of the operator by a call to a user or maintenance and maintenance services. A payphone or another point of access to telephone service to the public in partial service is considered in trouble. The date of commencement of the upheaval is its detection.
The 1st indicator-related rate may not exceed 0.6%.
The 2nd indicator-related rate may not exceed 3% for a situation of non-functioning of the terminals more than twelve hours.
Operator candidate must commit to at least the level of quality provided.
Any operator appointed to provide the benefits publishes annual values and communicates to the Minister in charge of electronic communications as well as the regulatory authority for electronic communications and posts, and publishes quarterly and annual indicators of quality of service above values. For annual measures, these disclosure requirements must be put in work for the indicators for year n, no later than 31 March of year n + 1. Quarterly measurements, these obligations must be met no later than at the end of the month following the quarter expired. Quality indicators shall make it possible to analyse the results both at the regional and national level. Their calculation and their communication must therefore focus on such results. However, in the case where the operator is designated an area geographic sub-regional indicators concern the results observed in this area. Similarly, for a zone geographic sub-national grouping several regions, the obligations are met at the level of each region and for the whole area.
4 minimum requirements in relation to the users of the service: tariff information any designated operator provides clear information of consumers on the rates applicable by any appropriate means, and notably in the form of voice messages or by posting at the level of the Interior of public booths.
5 minimum tariff obligations practical rates of communications from the public telephones or other access points to the telephone service to the public comply with the principle of equality and are particularly established to prevent discrimination based on geographic location.
This principle of uniform tariffs does not exclude that a designated operator offers rates for its communications on the basis of rating criteria, objective and transparent based on the distance of the call.
Any designated operator provides a range of affordable, cost-oriented. In accordance with the provisions of article L. 35 - 2, universal service tariffs are controlled by ARCEP. The modalities of this control are described by article R. 20 - 30 - 11.
Without prejudice to these tariff control provisions, any designated operator communicates the rate changes of the universal service to the Minister in charge of electronic communications as well as ARCEP eight days before they are brought to the attention of consumers and users.
This operator offers one or more discounted rates for communications destined for the overseas departments, of the communities of Saint-Barthélemy, Saint-Martin, Mayotte and Saint Pierre and Miquelon, from New Caledonia, French Polynesia, Wallis and Futuna and southern and Antarctic French at times of low demand.
6 obligations in accounting matters in accordance with article R. 20-32, each designated operator maintains a system as well as an accounting of services and activities that are to verify compliance with the principle of tariffs towards cost orientation and information to assess the net cost of the universal service.
The relevant elements of the information system and the accounting data are kept at the disposal of ARCEP at the request of the latter. They are audited periodically, at the expense of the operator, by an independent body appointed by ARCEP, so as to enable an annual update of the elements and data necessary for the application of section 2 of chapter III of title I of book II of the post and electronic communications code. Auditors must be independent of the Auditors of the operator. They publish a declaration of compliance as a result of the audit.
SECOND part DESCRIPTION of the PROCEDURE for SELECTION and appointment selection and appointment procedure includes the following three phases: step 1: constitution and filing of applications.
step 2: review of the nominations and selection of one or more operators.
step 3: consultation of the CSSPPCE on the draft specification of each selected operator loads and publication of the Ministerial Decree of designation.
This part describes the General conditions of each of these steps.
FIRST PHASE Constitution and filing of applications 1. Constitution of the applications each candidature file must be denominated in French language, in its entirety, including the annexes.
The candidature file must include all the information listed below, in accordance with the order of the paragraphs.
1.1 information about the candidate the candidate must have a legal existence at the time of the filing of the application.
It will provide the following information: a) identity (name, legal form, registered office, proof of registration in the register of trade and companies or equivalent, statutes, composition of the Board of Directors, shareholders, pre-emption rights, rights of veto, power to appoint leaders, agreements between companies);
(b) Composition of the shareholding;
c) annual accounts of the last two years (balance sheets and profit and loss accounts audited and certified) of society candidate;
d) Description of industrial activities and current trade, particularly in the field of electronic communications; the last two years activity reports can usefully be provided.
1.2 geographic area of application the candidate must indicate precisely in what area geographic it proposes to ensure the provision of universal services.
1.3. terms and conditions of provision of the service has) Description of services the candidate will describe offers whereby it intends to respond to the obligation to provide the service component universal object of this call for applications.
The candidate will describe the technical means available to it to provide this component of the universal service. He said including payphone Park or other points of access to telephone service to the public that he intends to implement (number, location, payment method). He will describe the networks that it intends to use to ensure the flow of communications. It will also specify the measures it intends to take to ensure the permanence and availability of the service, the human resources (number of people, skills, organization, location...) and techniques he plans to implement to ensure the deployment and the technical and commercial exploitation of the service.
(b) tariff offer the candidate will indicate the level and the mode of calculating tariffs it intends to practise and will specify the average price per minute per type of communication.
To appreciate the affordability of tariffs and their orientation towards the costs, the operator provides information to the Minister in charge of electronic communications.
On the basis of the rates for communications, the operator provides an average price of communications in respect of the universal service by type of communication by matching this information of all of the parameters for calculating this average price: distribution of calls by duration, by time slots call distribution, duration average communication time slots for the types of communications.
The operator distinguishes the following communications: local communications, national communications (where applicable, distinguishing several tariff levels depending on the distance), communications passed to mobile terminals, communications between the metropolis and the overseas, international communications by area, communications passed in the direction of non-geographic numbers.
The tariff offer thus described can appreciate the candidacy of the operator, but is without prejudice to the results of the inspection carried out by ARCEP under article L. 35 - 2 and article R. 20-30-11.
c) net cost of the universal service
The candidate will present its predictive assessment of the net cost of the universal service for each year of designation, in accordance with the provisions of article L. 35 - 3. This evaluation if it is accepted shall constitute a maximum for the net cost of the universal service calculations each year by ARCEP.
This evaluation will be provided both in paper form and in electronic form in order to permit verification of the consistency of cost advanced methods of calculation laid down in articles R. 20-31 and following. The assumptions and the quantitative data provided by the candidate will be explained. The link between the assumptions (evolution of prices and volumes) service and the net cost of universal service should appear.
(d) quality of the applicant's service will particularly specify the measures it intends to take to deal with the failure of the service and provide the value of indicators of quality of service described in the I to this notice of call for applications.
Candidate will also indicate available payment methods and the distribution of its fleet of public telephones or other access points provide telephone service to the public by means of payment accepted for the two years of designation.
(f) measures for disabled end-users the candidate will present the measures that will be used to enable disabled people to access the service as described in the 3 ° of article L. 35 - 1 under conditions equivalent to those of other users. It will provide guidance on the Park of payphone or other points of access to telephone service to the public that he plans to make them accessible to persons with disabilities.
2. filing of nomination files each folder should be sent in 10 copies, distributed, in the body of the file, in 6 copies paper and 4 electronic copies (CD-ROMs or other media). It should be accompanied by a letter of transmission, signed by a person entitled to engage the candidate.
Applications must be filed, against a receipt, the DGCIS, 12, rue Villiot, 75012 Paris, no later than at the end of a period of three weeks calculated as from the date of publication of this call for applications, in the case of sending by mail or by a carrier, applications must be received before the same date.
Applications filed or reached after that date will be removed. The candidature dossiers submitted by any means not provided for in the preceding paragraphs will be also excluded from the procedure. Any file does not include all the information listed in the 1 ° will be also rejected.
SECOND PHASE review of the nominations and selection of the operator 1. General description of the procedure the precision of the commitments of the candidates will be an element assists the Minister in charge of electronic communications services to educate these folders, insofar as it will allow to assess the consistency of each project.
To this end, questionnaires may be sent to candidates to obtain clarification on certain aspects of their offerings.
The choice of the successful candidates will be carried out in two stages.
1.1. first step: selection of geographic cutting in a first step, in the light of the tenders received, the perimeter of the geographical areas for the provision of universal services will be stopped against the two following criteria: ― the overall net cost of the universal service component;
― the interest to play competition for the benefit of users about the benefits of universal service.
For the first test, the cost of each zone can be related to its size. Over this size will be small, less the operator in charge of this area will achieve economies of scale. In addition, too much fragmentation of benefits would lead to an increase in the costs of management of the universal service. It will be therefore taken into account of these two factors to determine the geographic cutting.
For the second test, the number of applications will be raised in a geographic area, more consumers will benefit because of competition between operators, a universal service offering enriched both at the level of the quality of the price of the services.
When the choice of the geographical division of the provision of universal services covered by this call for applications will be stopped, each candidate operator will be informed of this choice.
1.2. second step: selection of candidates two hypotheses will then be considered for each chosen geographical area: ― either the initial offering of the operator in question dealt with the geographical area chosen.
― either the initial offering of the operator in question concerned a different geographical area.
In the first case, the operator will be able to adapt its offer. In the second case, the operator will be able to make a new offer, consistent with his application initial and taking account of the selected geographic cutting. No candidate will be allowed to bid, but in accordance with the provisions of article R. 20-30, recourse to subcontracting may be considered.
Having regard to all of the tenders received, a new review of the nominations will be made. The successful candidate will be the one who will present the considered offering the most suitable to provide a universal service of quality at an affordable price and lower cost in a given geographical area.
In order to ensure the transparency of the selection procedure, applicants will be mark breaker quickest on the basis of criteria set out in this notice of call for applications.
2 selection criteria and weighting of the criteria system each of the nominations of a selected geographical area will be an overall score. It will be the sum of the scores awarded to the candidate with regard to each of the selection criteria. Six criteria will be taken into account for an overall score of 600. The successful candidate will be the one which has been rated as the best. If several candidates the same mark, they will be mark breaker quickest under their services relating to the three main criteria of choice.
Successful selection criteria and their way of rating will be the following: criteria of SELECTION method of rating (a) service offerings and ability of the operator to assure 200 (b) quality of service 150 (c) net cost of the universal service 100 (d) tariff offer 50 (e) relationships with subscribers and users of the service 50 (f) taking account of the needs of persons with disabilities 50 Total 600 2.1. Definition of the selection criteria the selection criteria are defined in the following manner: a) ability of the operator to service this criterion is assessed with regard to the quantitative characteristics and technical implementation of the Park of payphone or other points of access to telephone service to the public of the candidate and the capacity of the latter to implement this park.
(b) the level of tariffs tariff offer will be considered.
c) net cost of the service account will be taken of the relevance of his assessment against the calculation methods provided for by post and electronic communications code. This net cost will be judged under the net total cost of all of the component so that it is minimized.
(d) relations with the users of the service quality of the information of the users will be considered especially in terms of the clarity of this information.
(e) quality of service quality of the service provided will be appreciated the quality objectives assigned to the service.
f) taking account of the needs of persons with disabilities this criterion will be appreciated with regard to the nature and price of services offered to persons with disabilities.
2.2 terms of tie breaking candidates overall scores affected tie tie notes assigned to two or more likely to be unsuccessful candidates, they will be mark breaker quickest as follows: criteria of SELECTION MODE of scoring ability of the operator to provide the service described in 1 ° of article L. 35 - 1 Note on 200 net cost of the universal service Note on 100 quality of service Note on 100 Total 400 the successful candidate will be the one having received the best overall score of 400. In the case of new equality between two or more candidates, they will be mark breaker quickest draw.
2.3 withdrawal of the candidate in case a candidate selected at the end of the selection procedure should decide to renounce offer the services of the universal service, the candidate with the best score following, in the order of the classification, will be chosen.
2.4 appeal for unsuccessful applications in accordance with the provisions of article L. 35 - 2, where the call for applications would prove unsuccessful in a selected geographic area, the Minister in charge of electronic communications would designate an operator capable of providing the service in question in the geographic area.
THIRD PHASE Advisory Procedure and designation by the Minister a specifications formalising the rights and obligations of each selected operator will be developed.
In accordance with the applicable legislative provisions, this specification will be submitted for an opinion to the High Commission for the public service of postal and electronic communications. It may be the object of development following this consultation.
The operator will be consulted on draft specifications and, where appropriate, on changes that could be made to the outcome of the consultation of the CSSPPCE.
The operator will then be designated by order of the Minister in charge of electronic communications.
Without prejudice to the provisions of articles L. 35-2-1 and L. 35 - 8, and in accordance with article R. 20-30-12, the operator is designated for a period of two years from the taking effect of the Decree of appointment.
In the event of revision of legislative provisions and regulations relating to the universal service during the planned devolution in the previous paragraph, the obligations contained in the specification of the designated operator may be modified in consultation with him. In the event of substantial changes, a new call for applications may be launched.