Key Benefits:
Electronic Communications and Postal Regulatory Authority,
In view of Directive 2002 /19/EC as amended The European Parliament and the Council of 7 March 2002 on access to communications networks Electronic and associated resources, as well as their interconnection (Directive Access ") ;
In view of Directive 2002/20/EC amended by the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Directive) Authorization ") ;
In view of Directive 2002 /21/EC as amended by the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Directive) Framework ") ;
In view of Directive 2002 /22/EC amended by the European Parliament and of the Council of 7 March 2002 on the universal service and the rights of users of electronic communications networks and services (Directive) Universal service ") ;
In view of the European Commission's Recommendation (2007/879/EC) of 17 December 2007 on the relevant markets for products and services in the electronic communications sector likely to be subject to ex-regulation Pursuant to Directive 2002 /21/EC as amended by the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (recommendation " Relevant markets "), and its explanatory note;
In view of the postal code and electronic communications, in particular Articles L. 32-1, L. 32-4, L. 37-1, D. 98-11 and D. 98-12;
In view of Decision No. 2011-0594 of the Communications Regulatory Authority Electronic and postal services as of 31 May 2011 concerning the establishment of a questionnaire for the collection of information necessary for the application of Article L. 37-1 of the Postal Code and electronic communications;
2012-0208 of the Electronic Communications Regulatory Authority and posts in Date of 14 February 2012 on the implementation of annual and quarterly surveys in the electronic communications sector;
After deliberation on 14 February 2012;
Under its general information powers In the exercise of its tasks, and in particular the observation and monitoring of the markets, the Authority put in place by Decision 2010-0715 of 22 June 2010 a quarterly collection of information from mobile operators on Quantitative and qualitative elements relating to their activities, for the purposes of Market tracking.
The applicable legal framework
Article 5 of the Directive " Framework " Of 7 March 2002 as amended by Directive 2009 /140/EC provides for the possibility for national regulatory authorities to collect information from undertakings providing networks and communications services Electronics:
" 1. Member States shall ensure that undertakings providing electronic communications networks and services shall transmit all information, including financial information, which is necessary to the authorities National regulations to ensure compliance with the provisions of this Directive and specific directives or with the provisions of the decisions adopted in accordance with the Directives. In particular, the national regulatory authorities have the power to require these undertakings to provide information on the development of networks or services which may affect the services they provide in Wholesale to competitors (...)
Companies provide this information quickly and, upon request, within the timeframe and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to its needs for the performance of this task. The national regulatory authority shall indicate the grounds for its request for information and shall process the information in accordance with paragraph 3. "
Article 5 of the Directive" Framework " Have been transposed into French law, on the one hand, to Article D. 98-11 of the Postal Code and electronic communications (hereinafter ' CPCE "), on the other hand, to Articles L. 36-13 and L. 32-4 of the same code.
Request for information necessary for the application of Article L. 37-1 of the CPCE
Article L. 33-1 of the CPCE provides that:
" The establishment and operation of networks open to the public and the provision to the public of electronic communications services shall be subject to compliance with rules concerning: (...)
1. The obligations imposed on the operator to enable it to be controlled by the Electronic Communications and Postal Regulatory Authority and those necessary for the application of Article L. 37-1
. CPCE taken pursuant to Article L. 33-1 of the same Code specifies the rules concerning the requirements for the supply of information required by the operator to enable it to be controlled by the Electronic Communications Regulatory Authority And posts (hereinafter " The Authority) And those necessary for the application of Article L. 37-1.
Article D. 98-11 of the CPCE:
" The operator shall provide the Regulatory Authority for electronic communications and posts with figures relating to the operation of its network and the provision of services in the financial, commercial and technical fields, Under the conditions specified below.
1. According to a periodicity defined by the Regulatory Authority for Electronic Communications and Posts or at its request, the operator shall provide it with the necessary information:
(d) To conduct the analyses of the contracts referred to in Article L. 37-1, which include, in addition to those subject to a reasoned request:
-the description of all services offered;
-general offer rates and conditions;
-traffic statistics data;
-sales data;
-customer park data;
-the Growth forecasts for its activity;
-network deployment information;
-relevant accounting and financial information.
(...)
3. The Authority shall indicate the reasons for its request, which shall be proportionate, and shall specify the level of detail of the information to be provided and the time limits for their supply. "
In accordance with Article D. 98-3 of the CPCE, the above provisions of Article D. 98-11 shall apply" Operators of networks open to the public and to providers of electronic communications services to the public ".
Thus, on the basis of articles L. 33-1 and D. 98-11 of the CECP, the Authority may collect technical information, Trade and financial resources listed in d of 1 of Article D. 98-11 necessary for the conduct of analyses of the markets for wholesale provision of access to the physical infrastructure of the local wireline loop (market 4), of wholesale access to High and very high speed activated (market 5) and wholesale provision of capacity services (market 6).
reasoned request for information on the basis of Articles L. 36-13 and L. 32-4 of the CPCE
Under Article L. 36-13 of the CPCE, the Authority " Shall collect the information and carry out the investigations necessary for the performance of its tasks, within the limits and conditions laid down in Article L. 32-4 ".
Article L. 32-4 of the CPCE specifies that the Authority may, in a manner proportionate to the requirements Relating to the performance of its tasks, and on the basis of a reasoned decision:
1 ° Collecting with natural or legal persons operating electronic communications networks or providing electronic communications services the information or documents necessary to ensure compliance with them Persons of the principles laid down in Articles L. 32-1 and L. 32-3, as well as obligations imposed on them by this Code or by the texts adopted for its application. "
Request for information necessary to comply with the principles defined in Article L. 32-1 of the CPCE
The II of Article L. 32-1 of the CPCE provides that:
" Within the framework of their respective responsibilities, the Minister responsible for electronic communications and the Electronic Communications and Communications Regulatory Authority shall, under objective and transparent conditions, take measures Reasonable and proportionate to the objectives pursued and ensure:
(...)
2 ° A the exercise for the benefit of users of effective and fair competition between network operators and providers of communications services Electronic. As such, they ensure the exercise of competition in the transmission of content and, where appropriate, the promotion of infrastructure-based competition;
3 ° Development of employment, investment Efficiency, in particular in improved and new generation infrastructures, innovation and competitiveness in the electronic communications sector;
4 ° Definition of conditions for access to networks open to the public and Interconnection of these networks which guarantee the possibility for all Users to communicate freely and the equality of conditions of competition;
(...)
10 ° To the setting up and development of networks and services and the interoperability of services at European level;
11 ° Effective management of radio frequencies and numbering resources. "
Request for information necessary to comply with the obligations imposed
by the code or texts taken for its application
On the basis of article L. 32-4 of the CPCE, the Authority may collect the information Necessary to ensure compliance with the obligations imposed by the CPCE or the decisions made in its application.
Information on offers made to users
In addition, under Article D. 98-12 of the Network operators open to the public and providers of communications services Electronic to the public, in addition to the information provided for in Articles L. 111-1 and, where applicable, L. 121-18 of the Code of the Consumption, information about:
- " The general and contractual terms and conditions of supply of the service provided in the course of its declaration, which specify:
-contract renewal conditions and, if applicable, any minimum contractual duration;
-quality of service conditions;
-delivery times and types of maintenance services Offered;
-in the case of telephone service to the public, the description of the services offered under the proposed contracts;
-the rates of its offers, including the tariff reduction formulas;
-the compensation formulas And proposed reimbursement, as well as dispute resolution mechanisms. "
The objectives pursued by the Authority
By Decision No. 05-0321 of 14 June 2005, the Authority had set up a questionnaire for the collection of information necessary for the application of Article L. 37-1 of the CPCE. This annual compilation of quantitative information enabled the Authority to keep up to date the data on which its market analyses can be based in order to monitor developments and, if necessary, be able to review the situation Relevant markets should the observed developments justify it.
As regards more specifically the mobile market, a collection of specific information had been set up within the framework of the Mobile Observatory. In view of the frequent and frequent developments in this market and its importance in the electronic communications sector, this collection, in near real time, has been on a basis initially monthly and now quarterly
In addition, the wholesale market for mobile access and departure was the subject of market analysis by the Authority. The analysis, which concluded with the imposition of a remedy in the form of an obligation of access in metropolis and a duty to deploy roaming in the Antilles-Guiana area, was suspended in order to take full measure of the impact of the The recent appearance of virtual operators on the animation of the retail market in France. Thus, the wholesale and retail markets for mobile access and departure have been monitored.
In addition, in order to allow the " exercise to the benefit of users of effective and fair competition between operators of Electronic communications network and service providers " In accordance with Article L. 32-1 of the ECCC, the Authority shall have information on the competitive operation of the retail markets for electronic communications
. 32-1 of the ECCC, the collection of information on the fluidity of the retail markets for electronic communications, the scope of which falls within the scope of the powers provided for in the abovementioned articles, is necessary for the exercise of the tasks of the Authority
In addition, competitive developments after Law n ° 2008-3 of January 3, 2008 for the development of competition in the service of consumers can lead the Authority to have to re-evaluate its competitive analysis It is up to it to carry out its tasks. It therefore appears imperative that the Authority should continue to be able to monitor these developments on a regular and precise basis in order to adapt, if necessary, the regulation it puts into place
Major in terms of medium-term market animation, which justifies monitoring the development.
The elements developed above justify specific monitoring of mobile markets, according to a quarterly frequency, through a compendium Information feeding the restitution documents described in the present Decision, through the questionnaire annexed to this Decision. In this context, it is also appropriate for operators to systematically transmit the main developments of their tenders in accordance with the I of Article D. 98-12 of the CPCE.
Companies involved in the monitoring of mobile markets
Should respond to the quarterly information collection all mobile operators, whether they are companies operating or establishing an electronic communications network open to the public (network operators) or providing the public An electronic communications service (virtual operators).
The nature of the items collected
The current collection of information is formalized by two questionnaires appended to this decision, which will be populated on a quarterly basis by the operators. The scope of the information requested takes into account the specificities of the territories considered and the nature of the players (network operators or virtual mobile operators) or their dimension.
The information requested includes: In particular, customers and, within the general public, pre-paid and post-paid customers.
In particular, they enable the Authority to assess:
-the size of the market (number of customers, including at a regional or departmental level depending on the case), as well as its evolution, for example in terms of gross sales and migration;
-the fluidity of the market, with the number of numbers Conserved, resilient, and the number of customers under commitment or free of commitment;
-the volume of activity (business figures, traffic volumes, etc.) and the commercial dimension (retail offers and contractual conditions, Distribution, etc.) of the market;
-development of the wholesale market for access and departure Mobile phone call, with the communication of contracts for virtual mobile operators (MVNOs) and their implementation documents, as well as in terms of volume of activity (business figures, traffic volumes, etc.).
This decision may Be amended as necessary, taking into account the development of wholesale and retail markets.
Processing and using the collected elements
The information collected through the questionnaires attached to the This decision shall be used in accordance with Article L. 37-1 of the CPCE
This information will be used by the directorates of the Authority in the procedures relating to market analyses and to analyse the state and the foreseeable development of competition. They may be used in documents submitted for public consultation, subject to the confidentiality of cases. In addition, data may be used for the development of aggregate indicators in the Authority's statistical publications.
This information will be subject to controlled dissemination within the Authority.
In accordance with Article D. 295 of the CPCE may also be communicated to the European Commission, Decides:
Mobile operators and/or service providers involved communicate, on a quarterly basis, the Replies to the questionnaires annexed to this decision, as well as the contracts of the virtual mobile operators.
The Information shall be communicated to the Authority at the latest:
-Monday, April 16, 2012 for information about the first quarter of 2012;
-Monday, July 16, 2012 for information about the second quarter of 2012;
-Tuesday, October 16, 2012 for information about the Third quarter 2012;
-Wednesday, January 16, 2013 for information relating to the fourth quarter 2012.
For the following quarters, the information will be communicated to the Authority no later than sixteen days after the end of each Quarter.
Decision No. 2010-0715 dated June 22, 2010, relating to the questionnaire for the collection of information required for tracking mobile markets is repealed.
The Director General of the Authority shall be responsible for the implementation of this Decision, which, with the exception of its Annex, shall be published in the Official Journal of the Republic French.
Done at Paris, 14 February 2012.
The President,
J.-L. Silicani
