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Notice Of A Call For The Designation Of One Or Several Operators Provide Benefits Of The Component Of The Universal Service Of Electronic Communications Under 3 ° Of Article L. 35 - 1 Doc...

Original Language Title: Avis relatif à un appel à candidatures en vue de la désignation d'un ou de plusieurs opérateurs chargés de fournir des prestations de la composante du service universel des communications électroniques prévue au 3° de l'article L. 35-1 du cod...

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JORF n°0252 of 29 October 2011 page 18300
text No. 135



Notice of a call for applications for the designation of one or more operators to provide services of the universal service component of electronic communications provided for in Article 3 L. 35-1 of the Post and Electronic Communications Code (publiphony or other points of access to telephone service to the public)

NOR: INDI1128416V ELI: Not available



This call for applications is intended to appoint one or more operators in charge of the component described in 3° of Article L. 35-1 of the Post and Electronic Communications Code.
It is composed of an introduction that recalls the applicable legal framework and two parties.
The first part describes the minimum obligations to be met by any selected operator following this call for applications.
The second part describes the selection and designation procedure of the chosen operator(s).

  • LEGAL FRAMEWORK RELATING TO THE UNIVERSAL SERVICE OF ELECTRONIC COMMUNICATIONS



    The legal framework for the universal service of electronic communications is essentially:
    - the Directive 2002/22/EC of the European Parliament and the Council of 7 March 2002 on universal service and user rights in relation to electronic communications networks and services (the "universal service" directive), which was amended by Directive 2009/136/EC of the European Parliament and the Council of 25 November 2009;
    - the provisions of articles L. 35 to L. 35-8 and R. 20-30 to R. 20-44 of the Post and Electronic Communications Code.
    Article L. 35-1 of the Post and Electronic Communications Code provides that the Universal Electronic Communications Service provides to all:
    1° A connection to a network open to the fixed public and a quality telephone service at an affordable price;
    2° An information service and a directory of subscribers in print and electronic form;
    3° Access to public telephone booths installed on the public domain or other access points to the public telephone service;
    4° Special measures for end-users with disabilities to ensure, on the one hand, access to the services mentioned in 1°, 2° and 3° that is equivalent to access to other end-users and, on the other, the affordable nature of these services.
    Article L. 35-3 of the same code states that a universal electronic communications service fund shall provide for the financing of the net costs of the obligations provided for in Article L. 35-1 if these costs constitute an excessive charge for an operator who is responsible for it.
    Section L. 35-2 of this Code states that, in order to ensure the provision of universal service throughout the national territory in accordance with the principles referred to in Article L. 35 and the provisions of Article L. 35-1, the Minister responsible for electronic communications may designate, for the component referred to in Article L. 35-1, or for the components or components of components described in 1° and 2° of the same section, a component or components thereof, The designation shall be made following applications for technical and financial conditions and, where appropriate, the net cost of providing such benefits. On the latter point, section L. 35-3 states that the net costs that may result in compensation for the universal service fund may not exceed the commitments made, if any, in the context of calls for applications under Article L. 35-2 by designated operators to ensure the obligations of the universal service.
    Section L. 35-2 of the Post and Electronic Communications Code provides that the provision of universal service is subject to terms of reference. These terms of reference are annexed to the Orders Designating Operators to Provide Universal Service Services. However, section R. 20-30 of this code states that a designated operator may, after agreement of the Minister for Electronic Communications, provide or market universal service benefits to one or more companies. It concludes conventions that guarantee the maintenance of universal service obligations. The designated operator remains solely responsible for the fulfilment of these obligations.
    Calls for applications under the above-mentioned Article L. 35-2 may specify the geographic areas for the provision of universal service. They may also not include any predefined geographic area. In the latter case, the geographic areas for the provision of the universal service are decided upon receipt of all applications in relation to the proposals and abilities of the candidates.
    This call for applications retains this option.

  • PART I: DESCRIPTION OF MINIMUM OBLIGATIONS TO BE RESPECTED FOR THE FOURNITURE OF THE UNIVERSAL SERVICE OF ELECTRONIC COMMUNICATIONS PREVUE TO 3° DE L. 35-1



    The minimum requirements are the obligations under the provisions of the Post and Electronic Communications Code regarding the provision of the universal electronic communications service.
    Among the universal service obligations, only the most important ones are recalled below, but the selected operator generally agrees to comply with all the legislative and regulatory provisions applicable to the benefits it provides and in particular the provisions of the Post and Electronic Communications Code.
    Applicants will be able to include in their application file additional commitments to the required minimum obligations in order to enrich the universal service offer. However, the costs resulting from additional commitments will not, unless otherwise stated in this call for applications, result in compensation provided by the universal service fund. The same will be true for emergency appeal obligations.
    The terms used below have the same meaning as in the Post and Electronic Communications Code, unless otherwise stated.
    The articles cited are derived from the Post and Electronic Communications Code, unless otherwise stated.


    1. Minimum requirements for service delivery


    Any designated operator shall ensure the availability of the universal service offer described in this document in the geographic area in which it has been selected, for all users of this area, in accordance with the principles of equality, continuity and adaptability.
    The operator makes available to the public:
    ―on the public domain of this facility area, known as Publiphones, allowing unrestricted access to telephone service to the public;
    ― and/or other points of access to telephone service to the public.
    The operator shall make available to the public at least one Publiphone or another point of access to telephone service to the public in each municipality of the area under review. In municipalities with a population of more than 1,000 inhabitants, this operator implants at least one second Publiphone, or another telephone access point to the public. This distribution of telephone cabins is based on the number of inhabitants of each municipality resulting from the last census of the published population.
    From these Publiphones or access points, the operator ensures the delivery of communications from and to the metropolis, overseas departments, communities of Saint-Barthélemy, Saint-Martin, Mayotte and Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Wallis-et-Futuna and southern lands.
    The operator ensures the free transmission and delivery of emergency telephone calls under the conditions specified in Article L. 33-1.


    2. Minimum requirements
    for persons with disabilities


    The installation of Publiphones or public access points meets the needs of persons with disabilities. Any designated operator shall ensure that a portion of the Publiphones, or other points of access to telephone service to the public, established pursuant to section R. 20-30-3, are accessible to motors with disabilities; These include devices in a lower position, in cabins without door, wider than standard Publiphones. The number of these Publiphones or access points and their geographical distribution throughout the territory takes into account the needs of the population concerned. Any designated operator makes the Publiphones accessible to hearing impaired or visually impaired people by equipping them with material that allows, on the one hand, amplified listening that improves hearing and compatibility with certain hearing aids and on the other hand, keys with ergot.
    If the operator wishes to undertake additional measures for persons with disabilities in order to better adapt, for those persons, the provision of services provided for in 1 and if these additional commitments are included in the terms of reference, the net costs induced by these measures will be financed, as appropriate, by the universal service fund.


    3. Minimum service quality obligations


    Any designated operator shall comply with minimum service quality obligations which shall be measured by the following indicators, as set out in Annex III to Directive 2009/136/EC of the European Parliament and the Council of 25 November 2009 amending, inter alia, Directive 2002/22/EC:
    ― 1st indicator: maximum rate of Publiphones or other points of access to the telephone service to the public in trouble more than twenty-four hours obtained by counting the average number of Publiphones or access points recognized, especially by the telemonitoring system, as likely being in trouble for more than twenty-four hours per cent Publicphones in operation;
    ― 2nd indicator: Publiphone rate or other access points to the public telephone service detected as in a state of inconvenience, this failure being reported by the operator's telemonitoring system, by a user call or maintenance and maintenance services. A Publiphone or other point of access to the telephone service to the public in part-time service is considered disturbing. The start date of the disturbance is that of its detection.
    The 1st indicator cannot exceed 0.6 per cent.
    The rate for the 2nd indicator cannot exceed 3% for a terminal non-operation situation greater than 12 hours.
    The candidate operator must undertake to respect the expected quality level at a minimum.
    Every operator designated to provide benefits publishes the annual values and communicates to the Minister responsible for electronic communications and to the Authority for the regulation of electronic communications and posts and publishes the quarterly and annual values of the above-mentioned service quality indicators. For annual measurements, these information obligations must be implemented for indicators for a year n, by March 31 of year n + 1. For quarterly measures, these obligations must be met by the end of the month following the quarter ended. Quality indicators must be used to analyze results at both the regional and national levels. Therefore, their calculation and communication should cover such results. However, if the operator is designated in a sub-regional geographic area, the indicators relate to the results observed in that area. Similarly, for a subnational geographic area comprising several regions, the obligations are met at the level of each region and for the entire area.


    4. Minimum relationship obligations
    with service users: tariff information


    Any designated operator shall provide clear information to consumers on the tariffs applicable by any appropriate means, including in the form of voice messages or by way of display at the public cabin compartment.


    5. Minimum tariff obligations


    The rates of communications from Publiphones or other points of access to telephone service to the public 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 a designated operator proposing diversified tariffs for communications based on objective and transparent pricing criteria based on the distance of the call.
    Any designated operator offers affordable, cost-oriented fares. In accordance with the provisions of Article L. 35-2, the tariffs of the universal service are controlled by ARCEP. The terms and conditions of this control are described in R. 20-30-11.
    Without prejudice to these tariff control provisions, any designated operator shall communicate changes to the tariffs of the universal service to the Minister for Electronic Communications and ARCEP eight days before they are notified to consumers and users.
    This operator offers one or more reduced rates for communications to overseas departments, communities of Saint-Barthélemy, Saint-Martin, Mayotte and Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Wallis-et-Futuna and French Southern and Antarctic Lands at low-demand times.


    6. Accounting requirements


    In accordance with section R. 20-32, each designated operator maintains an information system and an accounting of services and activities that will, in particular, allow for the monitoring of the principle of cost-sharing of tariffs and to assess the net cost of universal service.
    Relevant elements of the information system and accounting data are made available to ARCEP at the request of ARCEP. They are audited periodically, at the operator's expense, by an independent body designated by ARCEP, 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 of the Post and Electronic Communications Code. Auditors must be independent of the auditors of the operator. They publish a compliance statement following the audit.

  • SECOND PART OF THE DESCRIPTION OF THE SELECTION AND DEIGNATION PROCEDURE



    The selection and designation procedure includes the following three phases:
    Step one: constitution and filing of applications.
    Step 2: Review of applications and selection of one or more operators.
    Step 3: CSSPPCE consultation on the draft terms of reference for each selected operator and publication of the ministerial designation order.
    This Part describes the general conditions for each of these steps.


    FIRST PHASE
    Constitution and submission of applications
    1. Establishment of applications


    Each application must be submitted in French, in its entirety, including the annexes.
    The application must include all the information listed below, in accordance with the order of the paragraphs.


    1.1. Information on the candidate


    The candidate must have a legal existence at the time of filing the application.
    It will provide the following information:
    (a) Identity (denomination, legal form, head office, proof of registration in the trade register and companies or equivalent, statutes, composition of the board of directors, shareholder pact, pre-emption rights, veto rights, power of appointment of leaders, agreements between companies);
    (b) Composition of the shareholding;
    (c) Annual social accounts for the last two fiscal years (balances and audited and certified results) of the candidate company;
    (d) Description of current industrial and commercial activities, including in the field of electronic communications; activity reports for the last two exercises can be usefully provided.


    1.2. Geographical area of application


    The candidate must indicate precisely in which geographic area he proposes to provide universal service benefits.


    1.3. Terms and conditions of service
    (a) Description of services offered


    The candidate will describe the offers by which he intends to meet the requirement to provide the universal service component of this call for applications.
    The candidate will describe the technical means available to provide this component of the universal service. It will include Publiphones Park or other points of access to telephone service to the public that it intends to implement (number, location, payment method). He will describe the networks he intends to use to ensure the delivery of communications. It will also specify the measures it plans to take to ensure the permanence and availability of the service, the human means (number of people, qualifications, organization, location...) and the techniques it plans to implement to ensure the technical and commercial deployment and operation of the service.


    (b) Tariff offer


    The candidate will indicate the level and method of calculating the rates he plans to practice and will specify the average price of the minute per type of communication.
    To assess the affordability of rates and their cost orientation, the operator provides a set of information to the Minister responsible for electronic communications.
    Based on the rates for communications, the operator provides an average cost of communications under the universal service by type of communication by matching this information with all parameters to calculate this average price: distribution of calls per duration, distribution of calls by time ranges, average length of communications by time ranges for the types of communications.
    The operator distinguishes the following communications: local communications, national communications (if applicable, by distinguishing several tariff levels according to distance), communications to mobile terminals, communications between the metropolis and the overseas, international communications by zone, communications to non-geographical numbers.
    The tariff offer as described allows to assess the operator's application, but does not prejudge the results of ARCEP's control under section L. 35-2 and section R. 20-30-11.


    (c) Net cost of universal service


    The candidate will present his/her forecasting assessment of the net cost of universal service for each year of designation in accordance with the provisions of Article L. 35-3. This assessment if accepted will be a maximum for the net cost calculations of the universal service carried out annually by ARCEP.
    This evaluation will be provided in both paper and electronic form to allow for an audit of advanced cost coherence with the calculation methods set out in sections R. 20-31 and below. The assumptions and quantitative data provided by the candidate will be clarified. The link between service assumptions (exchange of prices and volumes) and the net cost of universal service should appear.


    (d) Quality of service


    The applicant will specify, among other things, the measures it plans to address service failures and will provide the value of the service quality indicators described in I of this notice of call for applications.


    (e) Relations with subscribers and users of the service


    The applicant will need to specify how the user information on the terms and conditions of use and the rates of service will be provided. The candidate will provide guidance on how he/she will use to publish an assessment of the values resulting from the application of the quality indicators described in the first part of this document.
    The applicant will also specify the payment methods offered and will provide the encrypted distribution of its Publiphones Park or other points of access to telephone service to the public by means of payment accepted during the two years of designation.


    (f) Measures taken to promote end-users with disabilities


    The applicant will present the measures it will take to allow persons with disabilities to access the service as described in the 3rd of Article L. 35-1 in conditions equivalent to those of other users. It will provide information on Publiphones Park or other access points to the public telephone service that it plans to make accessible to persons with disabilities.


    2. Submission of applications


    Each file should be sent in 10 copies, distributed, with respect to the body of the file, in 6 paper copies and 4 electronic copies (cédéroms or other media). He must be accompanied by a transmission mail, signed by a person authorized to hire the candidate.
    Applications must be filed, against receipt, at the DGCIS, 12 Villiot Street, 75012 Paris, no later than the three-week deadline calculated from the date of publication of this application,
    In the event of mailing or by a carrier, applications must be submitted by the same date.
    Applications filed or completed after that date will be dismissed. Applications submitted by any means not provided for in the preceding paragraphs will also be excluded from the procedure. Any file that does not include all the information listed in the 1st will also be rejected.


    SECOND PHASE
    Review of applications and operator selection
    1. General description of the procedure


    The accuracy of the applicant's commitments will be an element in helping the Minister's electronic communications services to instruct the submissions, as it will assess the consistency of each project.
    To this end, questionnaires may be sent to candidates in order to obtain clarification on certain aspects of their offers.
    The selection of the selected candidates will be made in two stages.


    1.1. Step one: choice of geographic cutting


    In the first instance, in view of the offers received, the scope of the geographic area(s) for the provision of universal service benefits will be determined under the following two criteria:
    - the overall net cost of the relevant universal service component;
    ― the interest of competing for the benefit of users regarding universal service benefits.
    For the first criterion, the cost of each area may be related to its size. The smaller this size, the less the operator in charge of this area can achieve economies of scale. In addition, too much of the benefits would lead to an increase in the cost of managing universal service. Therefore, these two factors will be taken into account in deciding on geographical distribution.
    For the second criterion, the higher the number of applications in a geographical area, the more consumers will be able to benefit, as a result of the competition between operators, from a universal service offering enriched both in terms of quality and in terms of the price of benefits.
    When the choice of geographical distribution of the provision of universal service services for the purpose of this application will be decided, each candidate operator will be informed of this choice.


    1.2. Step 2: Selection of candidates


    Two assumptions will then be considered for each geographical area:
    - the initial offer of the operator concerned was on the chosen geographic area;
    either the initial offer of the operator concerned concerned a different geographic area.
    In the first case, the operator can adapt its offer. In the second case, the operator will be able to make a new offer, consistent with its initial application and taking into account the selected geographical distribution. No new candidate will be allowed to bid, but, in accordance with the provisions of R. 20-30, the use of subcontracting may be considered.
    With regard to all bids received, a new examination of applications will be conducted. The successful candidate will be the one who will present the offer deemed to be the most suitable for providing quality universal service at affordable and cheaper prices in a given geographic area.
    In order to ensure the transparency of the selection process, candidates will be departed on the basis of criteria defined in this notice of application.


    2. Selection criteria
    and Criteria Weighting System


    Each of the applications of a selected geographic area will be the subject of a global rating. It will be the sum of the grades assigned to the candidate for each of the selected selection criteria. Six criteria will be taken into account for a global rating of 600. The successful candidate will be the one who has been best rated. If more than one candidate obtains the same rating, they will be departed with respect to their three main criteria of choice.
    The selected selection criteria and their rating will be as follows:


    SELECTION CRITES
    MODE
    de notation

    (a) Service offers and operator's ability to ensure them

    200

    (b) Quality of service

    150

    (c) Net cost of universal service

    100

    (d) Tariff offer

    50

    (e) Relations with subscribers and users of the service

    50

    (f) Taking into account the needs of persons with disabilities

    50

    Total

    600


    2.1. Definition of selection criteria


    The selection criteria are defined as follows:


    (a) Operator's ability to provide service


    This criterion is appreciated in terms of the quantitative and technical implantation characteristics of Publiphones Park or other points of access to telephone service to the candidate's public and the ability of the candidate to implement this park.


    (b) Tariff offer


    The rate will be reviewed.


    (c) Net cost of service


    It will be taken into account the relevance of its evaluation with respect to the calculation methods provided by the Post and Electronic Communications Code. This net cost will be judged against the overall net cost of the entire component to minimize it.


    (d) Relations with service users


    The quality of the information of users will be examined in particular in the light of this information.


    (e) Quality of service


    The quality of the service offered will be appreciated against the quality objectives assigned to the service.


    (f) Taking into account the needs of persons with disabilities


    This criterion will be appreciated in terms of the nature and price of services offered to persons with disabilities.


    2.2. Method of departure of candidates
    in the event of an equal number of global notes affected


    In the event of an equal number of grades assigned to two or more candidates who may be selected, they will be departed as follows:


    SELECTION CRITES
    MODE
    de notation

    Operator's ability to provide the service described in 1° of Article L. 35-1

    Note on 200

    Net cost of universal service

    Note on 100

    Quality of service

    Note on 100

    Total

    400


    The successful candidate will be the one with the highest overall rating of 400. In the event of a new equality between two or more candidates, they will be departed by random draw.


    2.3. Denial of successful candidate


    In the event that a successful candidate after the selection process decides to waive the provision of universal service benefits, the candidate who has obtained the best rating in the order of the established classification will be chosen.


    2.4. Unsuccessful applications


    In accordance with the provisions of section L. 35-2, in the event that the call for applications is unsuccessful in a selected geographic area, the Minister for Electronic Communications will designate an operator capable of providing the service in question in the geographic area.


    THIRD PHASE
    Advisory procedure and designation by the Minister


    A specification of the duties and obligations of each selected operator will be developed.
    In accordance with the applicable legislative provisions, the terms of reference will be submitted to the Higher Public Service Commission for Posts and Electronic Communications. It may be subject to development following this consultation.
    The operator will be consulted on the draft terms of reference and, if necessary, on any modifications that may be made to the terms of reference after the CSSPPCE consultation.
    The operator will then be appointed by order of the Minister responsible for electronic communications.
    Without prejudice to the provisions of sections L. 35-2-1 and L. 35-8, and pursuant to section R. 20-30-12, the operator shall be designated for a period of two years from the effective date of the designation order.
    In the event of a review of the legislative and regulatory provisions relating to the universal service during the devolution period provided for in the preceding paragraph, the obligations contained in the specifications of the designated operator may be amended in consultation with the designated operator. In the event of substantial changes, a new call for applications may be launched.


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