Key Benefits:
The Electronic Communications and Postal Regulatory Authority,
Seen Directive 2002 /22/EC of the European Parliament and of the Council of 7 March 2002 on the universal service and the rights of users with regard to electronic communications networks and services (Directive) Universal service ") And as amended by Directive 2009 /136/EC of 25 November 2009;
Given the postal code and electronic communications (hereinafter ' CPCE "), in particular Articles L. 35 to L. 35-8, L. 36-5, R. 20-30 to R. 20-44 and R. 10 to R. 10-11;
In view of the Consumer Code, in particular its articles L. 121-83 to L. 121-85;
Having regard to the order of 12 March 1998 authorizing the Société France Télécom to establish and operate a telecommunications network open to the public and to provide telephone service to the public;
In view of the notice of an appeal to Applications for the designation of one or more operators responsible for providing Benefits of the universal service component of electronic communications provided for in the 3 ° of article L. 35-1 of the CPCE (publish or other access points to the telephone service to the public) published in the Official Journal of the French Republic on 29 October 2011;
In view of the request for an opinion by the Minister for Industry dated 10 January 2012 on the draft specification of France Télécom which will be annexed to the decree designating this operator to take over the benefits of the Universal service of electronic communications related to publishing;
After deliberation on January 19, 2012,
Context
1. The legal framework
The legal framework for the universal service of electronic communications mainly results from:
-the directive " Universal service " Above;
-Articles L. 35 to L. 35-8, R. 20-30 to R. 20-44 and R. 10 to R. 10-11 of the CPCE.
Article L. 35-1 of the CPCE provides that the universal service of electronic communications provides all:
1 ° A connection to a fixed network open to the public and a quality telephone service at an affordable price;
2 ° An information service and a subscriber directory in printed and electronic form;
3 ° Access to cabins Public telephones installed on the public domain or other points of access to the public telephone service;
4 ° Specific measures for disabled end-users to ensure access to services on the one hand Mentioned at 1 °, 2 ° and 3 ° which is equivalent to the access enjoyed by others And, on the other hand, the affordability of these services.
Article L. 35-3 of the Code specifies that a universal electronic communications service fund provides for the financing of the net costs of the obligations under Article L. 35-1 if these costs constitute an excessive burden on an operator who is responsible for it.
Article L. 35-2 of this Code provides that the provision of the universal service shall be subject to specifications. These specifications shall be annexed to the orders designating the operators responsible for providing the universal service provision. The appointment is made following calls for applications. Article R. 20-30 of this Code specifies, however, that a designated operator may, after the agreement of the Minister responsible for electronic communications, entrust the provision or marketing of universal service benefits to one or more companies. It concludes conventions that ensure the maintenance of universal service obligations. The designated operator remains solely responsible for performing these obligations.
2. Recall of the timeline
A call for applications was launched for the first time by the Minister responsible for Industry for the universal service component of the CPCE Article L. 35-1 of Article L. 35-1 in December 2004. This led to the appointment of France Télécom by the Minister.
A second call for applications, launched by the Minister of Economy, Industry and Employment on 14 January 2009, led to the designation of France Télécom by the Minister for Public Affairs, November 25, 2009.
On October 29, 2011, a third call for applications for the same component was launched by the Minister for Industry, Energy and the Digital Economy.
The Book of Charges, submitted for opinion to the Authority on 10 January 2012, specify the obligations relating to the Designation of France Télécom as a universal service provider for publishing. It calls on the Authority to make the following observations.
On the draft terms of reference which will be annexed to the order designating the operator in charge of
of the universal service provision relating to the publishing or other Points of access to the public telephone service
In the context of the transposition of Directive 2009 /136/EC of 25 November 2009, Article L. 35-1 of the CPCE has been amended by Order No. 2011-1012 of August 24, 2011 Electronic communications. The component of the universal service provided for in Article L. 35-1, 3 °, which consisted of " Access to public telephone booths installed in the public domain " Has been expanded and now consists of: Access to public telephone booths installed on the public domain or other points of access to the public telephone service ".
Taking into account this development, the notice of call for applications launched by the Ministry of Economy,
the end, the Authority notes, however, that the draft terms of reference submitted for the opinion are concerned only with the provision of Publishing.
3. On services provided
In accordance with Article R. 20-30-3 of the CPCE, the operator responsible for this component installs on the public domain of telephone booths and ensures from these cabins a quality telephone service, To the rest of the world.
It makes available at least one public phone in each commune and two in the communes with more than 1,000 inhabitants. He is also responsible for maintenance. This requirement for the installation of telephones has not changed since the last specification. The gradual disaffection of public booths and the resulting decline in traffic may lead to a future reflection on the distribution of public booths throughout the territory. The possibility, resulting from the amendment of Article L. 35-1 of the CPCE, for the designated provider to install access points other than those installed in the public domain should also be more taken into account.
4. On measures in favour of disabled users
France Télécom makes available to users a public telephone park accessible to persons with disabilities.
A repinable ergot to the touch on the key " 5 " Allows non-visual or visually impaired people to call.
The key " Amplified listening ", the presence of magnetic leakage handsets compatible with hearing aids with the position" T " And identified by a logo of the crossed ear engraved on the back of the handset allows people with hearing impairments to improve the listening of 3dB up to a maximum of 9dB.
The tariff information is accessible by means of a voice information server Publish-rate " * 801 " Access is made easier for blind and visually impaired users and disabled users.
In addition, a number of cabins, whose devices are located indoors, are without doors and larger To facilitate access to persons in wheelchairs (minimum width of 0.90 m): Their location is in particular equipped with devices which comply with the recommendations of the domain of the pose (functions read/voir/hear accessible at a height between 0,90 m and 1.30 m).
During the period of devolution 2005-2007, France Télécom had, at its own discretion, installed Publiminitels, equivalent to text-based public telephones, which enabled persons who were deaf or hard of hearing to communicate in writing with an outfitted correspondent A Minitel thanks to the sending/receiving of minimessages from/or From a phone. This service is not part of the obligations included in the universal service. These Publiminitels will disappear with the judgment of the Minitel, announced for 2012. According to the Authority, the multimedia cabins, which are now experienced in Paris, could take over from this service.
The Authority notes with satisfaction that the offer by France Telecom takes into account the needs of disabled users, irrespective of the The type of disability (motor, vision and hearing) and welcomes the commitment made by France Telecom to the standards, in particular for the accessibility of disabled persons in existing cabins during operations of Pose.
5. On user relations
Smart prepaid card, usable only in cabins by the introduction in a memory card reader is the universal service payment solution. Since 2010, France Telecom has given access to chip readers of its telephone booths to other operators offering pre-paid smart cards. Other types of cards can also be used in the mailphones (credit card, code card, etc.).
It appears that the information displayed in the phones only mentions some of these payment solutions.
The Authority therefore hopes that France Telecom will be required to take progressively proportionate measures to inform the users of the telephones of all the payment solutions that can be used in its publications, in particular to the Means of display in its playpen.
The Authority Points out that the possible modification of the physical medium of the universal service payment method, during the period of devolution, requires the implementation of a minimum period of premia for the alternative operators.
6. Quality of service indicators
The Authority notes that the terms of reference submitted for the opinion do not make any changes to the quality of service indicators, the corresponding minimum requirements, the timetable for the Communication of the results of these indicators and the length of storage of the source data in relation to the specifications of the previous designation period.
As indicated in its opinion on the previous specification ( notice n ° 2009-0834 as of October 13, 2009), the Authority wishes the annual communication of indicators to be able to do, at the request of the Minister or at his/her own request, The subject matter of a file which includes, in addition to the values of the indicators, their definition, the conditions of measurement (data collection conditions, processes involved, impacted entities, limitations or extensions in relation to the definition) as well as Their measurement method used (data coming into play, rules Exclusion, devices, etc.).
7. On financing
The Authority notes that draft Article 6, together with the specifications of the previous designation period, does not mention any maximum amount for the annual compensation by the universal service fund (before consideration of intangible benefits). The call for applications asked candidates for an estimate of the net cost, which could be used to set a ceiling in accordance with the first paragraph of Article L. 35-3 of the ECCC. The Authority regrets the absence of such a ceiling in the draft decree, even though the publication is a growing share of the total net cost before taking into account the intangible benefits.
8. On relations with the administration
The Authority welcomes, as in the case of quality of service indicators, the renewal of a deadline set at the end of the first quarter of year n + 1. This deadline for the transmission of the report allows the public authorities (Minister and the Regulatory Authority for Electronic Communications and posts) to close a given financial year and analyse the elements for the period concerned Statements for a review of the implementation of the obligations of the universal service provider designated for the publication.
9. Duration of designation
The Authority notes that draft Article 8 provides that the operator is appointed to provide the services relating to the publication for a period of two years. The maintenance of this relatively short duration makes it possible to take account of the rapid developments in the sector, and in particular the development of uses.
The Authority issues a favourable opinion on the draft specifications relating to the publication, under Reserve for taking into account the comments set out above and the editorial changes made in the Annex.
This notice and attached editorial proposals will be forwarded to the Minister responsible for Industry, Energy and Of the digital economy to the Minister of Economy, Finance and Industry.
Dated at Paris, on January 19, 2012.
A N N E X E
DRAFT CAHIER DES CHARGES DE LA FRANCE TELCOM CORPORATION THAT WILL BE ANNEXED TO THE ORDER DESIGNATING THIS OPERATOR TO LOEND IN CHARGE OF THE BENEFITS OF THE UNIVERSAL PUBLIPHONY COMMUNICATIONS SERVICES
| (Proposals for deletion are in italics) | (Add proposals are in italics) |
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| Article 6 | Article 6 |
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| Accounting and finance provisions | Accounting and financing |
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| [...] | ... |
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| The universal service fund provides, under the conditions laid down in Articles L. 35-3 and R. 20-31 to R. 20-44, the financing of the net cost of the obligation to provide the universal service component of this specification. | The universal service fund ensures, under conditions Articles L. 35-3 and R. 20-31 to R. 20-44, the financing of the net cost of the obligation to provide the component of the universal service, subject to this specification, for a maximum amount of XX (*) million euros per year Constant evaluation (before consideration of the benefit referred to in R. 20-37-1). |
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| | (*) Where is The amount in the response of France Télécom to the notice of call for applications. |
The President,
J.-L. Silicani
