Key Benefits:
The Authority Regulation of electronic communications and posts,
In view of Directive 2002/19/EC of the European Parliament and of the European Parliament Council of 7 March 2002 on access to electronic communications networks and their interconnection (Directive) Access "), as amended by Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009;
Having regard to Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of communications networks and services Electronic (directive) Authorization "), as amended by Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009;
Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for networks and services Electronic communications (directive " Framework "), as amended by Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009;
Having regard to 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 in the eye Electronic communications networks and services (directive " Universal service "), as amended by Directive 2009 /136/EC of the European Parliament and of the Council of 25 November 2009;
Given the consumption code ;
Given the postal code and Electronic communications (hereinafter CPCE), and in particular Article L. 36-5;
In the light of Act No. 2011-302 of 22 March 2011 incorporating various provisions for the adaptation of the Legislation on European Union law in respect of Health, work and electronic communications, and in particular Article 17;
Seen underOrder No. 2011-1012 of 24 August 2011 on electronic communications ;
In view of the opinion of Authority No. 2011-0524 of 10 May 2011 on a draft order on electronic communications;
In view of the rules of procedure of the Authority;
In view of the letter dated 26 October 2011, by which the Minister Industry, Energy and the Digital Economy a Seized the Authority, for opinion, from three draft decrees designed to ensure the transposition of the new European regulatory framework;
After deliberation on 15 November 2011,
I. -Context of the referral
On 25 November 2009, the European Parliament and the Council of the Union adopted two directives that revise and supplement the 2002 telecom package. Directive 2009 /140/EC, known as the Directive Better regulate " Modified the directives " Frame "," Access " And " Authorisation ', whereas Directive 2009 /136/EC, known as' directive ' Citizens' rights' Modified the directives " Universal service " And "
The provisions of the I of Article 17 of Law No. 2011-302 of 22 March 2011 carrying various adaptation provisions Legislation on the right of the European Union in matters of health, work and electronic communications authorise the Government to adopt, by means of an order, the legislative provisions necessary for the transposition of the directives of the November 25, 2009.
Order No. 2011-1012 of 24 August 2011 on electronic communications was published in the Official Journal of the French Republic on August 26, 2011.
The Authority Commends the public consultation organised by the Government from 22 June to 20 July 2011 on the regulatory provisions necessary for the transposition of the Telecom Package ", to which it took part in its response of 20 July 2011.
In application of Article L. 36-5 of the CPCE, according to which: The Electronic Communications and Postal Regulatory Authority shall be consulted on draft laws, decrees or regulations relating to the electronic communications sector ", the Minister responsible for Industry, Energy and The digital economy seized on 26 October 2011 the Authority, for the opinion, of three draft orders made pursuant toOrder No. 2011-1012 of 24 August 2011 :
-a decree in the Council of State for the application ofarticle 34 bis of Act No. 78-17 of 6 January 1978 Information technology, files and freedoms and on the prevention and notification of personal data breaches;
-a Council of State decree transposing the new European regulatory framework into the code Electronic and communications positions and communications Reinforcement of the security of electronic communications interception capabilities;
-and a simple decree amending the obligations of operators provided for by the postal code and electronic communications in accordance with the
Authority takes note with satisfaction of the completion of the national transposition process for Directives 2009 /136/EC and 2009 /140/EC of the European Parliament and of the Council of 25 November 2009.
II. -Comments of the Authority
The draft decree in the Council of State implementing the new European regulatory framework in the electronic postal and communications code and enhancing the security of resources The interception of electronic communications as well as the draft simple decree amending the obligations of operators under the postal code and electronic communications in accordance with the new regulatory framework European, submitted for opinion, call on the Authority to
The Authority notes that many provisions complement the transposition already effected by order in respect of the new rules of procedure laid down in Directives 2009 /136/EC and 2009 /140/EC of the European Parliament And the Council of 25 November 2009.
The Authority takes note of the new provisions which draw the consequences of the split of the first component of the universal service into two elements (i.e. connection to a fixed network open to the public and Telephone service) as well as procedural rules relating to the Cooperation with the national regulatory authorities of other Member States.
The whole of these measures does not require any particular comment other than the assessment of the correct transposition of Directives 2009 /136/EC and 2009 /140/EC of the European Parliament and Council of 25 November 2009.
1. On spectrum management
The Government has chosen to transpose, to the II of Article 59 of Order No. 2011-1012 of 24 August 2011 on electronic communications, the optional procedure for member states, before the year 2016, for authorisations for the use of frequencies with the principles of technological neutrality and Services.
The Authority wishes to underline that the provisions of I of Article 9a of Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009 do not require, where a Member State decides to make such an optional transposition, to specify a time limit for responding to a request for Review of the terms and conditions for the use of the spectrum. If a deadline was nevertheless set, it should be sufficient to enable the Authority to ensure compliance with the Community principles of transparency and neutrality. Thus, in most cases, in order to verify that the application of the principles of neutrality is not likely to affect the objectives referred to in Article L. 32-1 of the CPCE, the Authority will be required to conduct a public consultation Stakeholders in the electronic communications sector. The result of this consultation will be made public, subject to the secrets protected by the law. For example, public consultation on the re-use of 900 MHz frequencies by 3G networks as a result of the need demonstrated by mobile operators has revealed the interest of other actors in granting the fourth authorisation 3G. The examination of this file, which is conditional on the allocation of the fourth 3G licence, has therefore spread over almost two years.
If a certain number of applications will require only a short period of review, in particular the frequencies which are not Not in a situation of scarcity (example: hertzian beams), other applications would justify a sufficient period of time. It is recalled that, in the context of frequency allocations in situations of scarcity within the meaning of Article L. 42-2 of the CPCE, articles R. 20-44-9 and D. 406-14 of the CPCE provide that the time limit between the filing of the application and the decision Allocation is up to eight months, in order " Guarantee the objectivity, fairness and transparency of the procedure ". Such a time-limit does not include, by definition, the prior organisation of public consultations or the drafting phase of the call for applications, which nevertheless constitute essential phases in order to ensure the quality of the decisions taken. In the same order of magnitude, Article D. 406-16 of the CPCE provides for a minimum period of one year, in which the holder is notified of the conditions for renewal or the grounds for refusal to renew the licences for the use of frequencies
a result, even if the time limit now envisaged has been extended to six months (instead of the three-month period provided for in the draft text submitted for public consultation), it is still insufficient and must be brought to the Minimum to eight months in order to enable the Authority to exercise its powers In accordance with the objectives set by the legislator. This period does not include the organisation of a public consultation which, moreover, will require an additional period of training after its outcome. The additional time after the public consultation will, moreover, be relevant in the event that this consultation would reveal the advisability of completing regulatory provisions relating to the fees payable.
The Authority Proposes that the Government replace the current draft article 27 of the decree in the Council of State with the following wording: "
" The Electronic Communications and Postal Regulatory Authority shall without delay inform the Minister responsible for electronic communications of the receipt of a request for review Href=" /viewTexteArticle.do?cidTexte=JORFTEXT000024502658&idArticle=JORFARTI000024502731 &categorieLien=cid"> II of Section 59 of Order No. 2011-1012 of 24 August 2011 relating to electronic communications. Within eight months of receipt of this request, the Authority shall notify the applicant of the conclusion of its review and, where appropriate, the new conditions for the authorisation for the use of frequencies
. However, where the Electronic Communications and Postal Regulatory Authority is required to conduct a public consultation in accordance with the conditions laid down in Article L. 32-1 because it considers that the application of the principle of Neutrality may prejudice the objectives referred to in Article L. 32-1, The publication of the result of this consultation shall extend the period of notification referred to in the preceding paragraph.
For a period of one month following notification of the new conditions for the authorisation of the use of the frequencies, the Applicant may withdraw the request for reconsideration. If the holder of the authorisation withdraws his application, his authorisation remains unchanged. Otherwise, the Electronic Communications and Postal Regulatory Authority shall notify it of the new authorisations for the use of radio frequencies. "
2. On Operators with Significant Market Influence
i) Functional Separation:
With regard to the new provisions on market analyses, the Authority takes note of the application of its new power to impose the functional separation of a vertically integrated operator and deemed to have a Significant influence on a market in the electronic communications sector.
The second paragraph of II of draft Article R. 9-5 of the CPCE provides that the draft decision of the Authority includes in particular: -the precise nature and degree of separation and, in particular, the legal status of the economic entity functionally independent. "
Functional separation does not necessarily entail the creation of a new legal entity, The Authority proposes to the Government to replace the term " In particular " By the expression " Where applicable ".
(ii) Notification of projects for the transfer of local access network installations and equipment:
The provisions of draft Article R. 9-6 of the CPCE provide that the notification, as provided for in Article L. 38-2-1 of the CPCE By operators having a significant influence on one or more relevant markets, any project for the transfer of their local access network facilities and equipment, or of a substantial part thereof, to the Authority shall intervene " As soon as the assignee is approached and no later than four months before the date of the assignment. "
The Authority wishes to draw the Government's attention to the minimum period of four months provided for in this draft Article R. 9-6. Such a time-limit does not appear to be compatible with the provisions of Article L. 38-2-1 of the CPCE which literally transpose Article 13ter of the Directive. Access " Modified. The latter provides that these operators shall notify the national regulatory authority, ' In order to enable it to assess the impact of the proposed transaction [on existing regulatory obligations under the framework directive] ". Article 13 ter of the Directive " Access " " To this effect, the national regulatory authority shall carry out a coordinated analysis of the different markets linked to the access network in accordance with the procedure referred to in Article 16 of Directive 2002 /21/EC (framework directive)
On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations in accordance with Articles 6 and 7 of Directive 2002 /21/EC (Framework Directive). "
Thus, the CPCE Article L. 38-2-1, introduced byOrder No. 2011-1012 of 24 August 2011, provides that" The Authority shall conduct a coordinated analysis of the various markets linked to the access network in accordance with Article L. 37-1 and, where appropriate, lay down obligations in accordance with Article L. 37-2 ".
Pursuant to those provisions, the Authority Must, on the one hand, review the scope of the relevant markets, on the other hand, concerning the potential acquirer of the facilities and equipment of the local access network, check whether the local access network should be qualified as a powerful operator in those markets Relevant and, where appropriate, determine its obligations
implementation of such a review leads the Authority to assess the relevance of the transfer, of the transferor to the potential acquirer, of the obligations imposed under Article 37 (2) of the ECCC, in particular the The
wishes to recall that pursuant to Articles L. 37-1 to L. in accordance with Articles L. 37-1 to L., the Authority wishes to recall that, in accordance with Articles L. 37-1 to L. CPCE 37-3, when conducting the analysis of relevant market-related markets Of access, it must:
-conduct a public consultation, leaving at least one month for the actors to make their observations (III of Article L. 32-1 and Article D. 304 of the CPCE);
-submit the draft measures taken in accordance with the first two Paragraphs of Article L. 37-1 to the opinion of the Competition Authority and, when they include the broadcasting of the radio or television within the scope of a relevant market, of the Conseil supérieur de l' audiovisuel, which are pronounced within a period of six Weeks (ECL Items L. 37-1, D. 301 and D. 302);
- To the European Commission, which has a period of one month, from the date of receipt of the notification, to rule (Articles L. 37-3 and D. 305 of the CPCE).
The completion of all the consultations which are not That a step in the process of adopting a coordinated analysis already requires a period of three and a half months.
In addition, and in order to ensure the continuity of obligations relating to local access network facilities and equipment The Authority considers it essential to be able to carry out the coordinated analysis Prior to the actual assignment.
Indeed, if such an assignment came before the end of the process of developing market analysis decisions, the purchaser would not be under any obligation to provide access to his or her Local access network facilities and equipment. In this case, the whole of the asymmetrical regulation issued by the Authority on access to these facilities and equipment for local access networks would be reduced and the alternative operators would no longer be able to provide the
If it is true that the provisions of Article L. 37-3 of the CPCE confer jurisdiction on the Authority, in exceptional circumstances in order to preserve the Competition and protect the interests of users, to adopt Immediately of proportionate measures which are applicable only for a period of six months, it would be paradoxical to use that competence " Exceptional " To remedy the consequences of poor transposition, while both the Directive and the CPCE Article L. 38-2-1 envisage the use of a conventional market analysis.
As a result, with regard to regulatory objectives such as As defined in Article L. 32-1 of the ECCC and taking into account the time limits already defined in the CPCE, it is necessary to provide for a sufficient period of time which cannot be less than eight months, in order to enable the Authority to assess the impact of the transaction By carrying out a coordinated analysis of the various markets linked to the network Of access prior to the actual transfer. In general terms, the setting of time limits for the Authority must put it in a position to comply with the obligations of consultation, and must not be such as to prevent it from acting on a ' Opportune moment " As provided for in Article 3 of the Directive ' Framework " Amended by Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009, which aims to strengthen the independence of the regulator.
The Authority therefore proposes the following wording to the
: The draft assignment referred to in Article L. 38-2-1 shall be notified to the Electronic Communications and Postal Regulatory Authority as soon as the transferee receives it and not later than eight months before the date of assignment, in order to enable it to To assess the impact of the proposed transaction.
The amendments to the proposed assignment and the final outcome of the transfer process are notified without delay to the Authority. "
(iii) On Articles D. 308 and D. 310 of the CPCE:
The Authority takes note with satisfaction of the amendments to Article D. 310 of the CPCE which result from the transposition of the definitions resulting from Directives 2009 /140/EC and 2009 /136/EC The European Parliament and the Council of 25 November 2009. Indeed, in the establishment of access obligations imposed by the Authority, this draft article now provides for the obligations related to associated resources and associated services as defined in the 19 ° and 20 ° of Article L. 32 of the CPCE
However, the Authority doubts the relevance of maintaining Article D. 308 in the CPCE, including in its amended version by the draft decree. On the one hand, it should be recalled that Article D. 308, in its initial drafting, aimed at " Transpose " The minimum list of items to be included in the reference offer for unbundled access to the local loop that it is for the notified operators to publish and set out in the Annex to Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop, which was repealed by Article 4 of Directive 2009 /140/EC. The continuation of the list in this Regulation was no longer necessary in view of the establishment of the market analysis tool by the " Telecom packet " 2002.
On the other hand, as the CJEU points out (Commission v. Germany, 3 December 2009 C-424/07 points 60 and 61), NRAs, when adopting ex ante regulatory obligations (...), must take account of the objectives set out in Article 8 of the Framework Directive. The ex ante regulatory obligations must be proportionate and justified in the light of those objectives. In the exercise of these regulatory functions, NRAs have broad powers so that they can assess the need for market regulation according to each situation on a case-by-case basis (see, to that effect, on 24 April 2008, Arcor, C-55/06, Rec. P. I-2931, paragraphs 153 to 156). Thus, in the light of this analysis, a provision such as draft article D. 308 seems to interfere with the discretion available to the Authority in establishing, in accordance with Article L. 37-2 of the CPCE, appropriate obligations to Each situation analysed.
In addition, the provisions of Article L. 38 of the CPCE provide for the authority of the Authority to impose on the operator deemed to have a significant influence on a market the publication of a technical offer and Detailed tariff of access and control the content of this offer. Article D. 308 is thus at a minimum superftee.
In the light of these elements, the Authority recommends, as a matter of principle, the deletion of Article D. 308 of the CPFC.
In any event, if this draft article were to be maintained, it would be appropriate Clarify that the imposition of a reference offer is not limited to the assumption of an operator operating on a local loop. The Authority therefore recommends the following amendment to paragraph 2 of the draft article: " (...) When it concerns access to local loops, the offer referred to in the preceding paragraph may include the following elements: (...) ".
3. On End Users
i) Information to End Users:
The I of Article D. 98-12 of the CPCE, in its version envisaged by the draft, refers to the information referred to in point I of Article L. 33-1 of the CPCE, which itself refers to the information referred to in article L. 121-83-1 of the Consumer Code.
Echoing the comments it made in notice n ° 2011-0524 of May 10, 2011 Concerning the draft order on electronic communications, the Authority takes note with satisfaction of this wording which ensures correct transposition of the provisions of Article 21 of the Directive. Universal service " By allowing the Authority to monitor compliance with their obligations by operators concerning non-contractual information, whether they are intended for consumers or other users. The Authority will therefore be able to monitor compliance with the obligations of operators in these matters, where appropriate, by exercising its power of sanction under Article L. 36-11 of the CPCE, in the event of the operators' lack of knowledge of their obligation To communicate the list of information mentioned inarticle L. 121-83-1 of the code of consumption to any user, even Potential outside the conclusion of a contract.
ii) Users with disabilities:
The Authority welcomes the fact that the proposals it made in its opinion on the legislative part of the transposition have been taken up by the Government in a new Article D. 98-13 of the CPCE. For example, products and services will be delivered to disabled users at an affordable rate. In addition, information to end users (advertising, invoices, contracts) will be made available to disabled users on disability supports. Finally, terminals adapted to the different types of disabilities will have to be available on the market.
As regards the obligation to provide terminals adapted to different types of disabilities, the Authority considers that such an obligation does not Should not be imposed on operators who do not normally distribute terminals. The Authority therefore proposes that the Government replace paragraph 4 of draft article D. 98-13 with:
" The operator, distributor of terminals, provides disabled end users with terminals adapted to their disabilities available on Market. The operator also takes into account the specific needs of persons with disabilities in the design of equipment associated with its fixed Internet access offers. "
The Authority considers that the provisions of Article D. 98-13 of the CPCE are clearly not an outcome, but an encouragement to continue the ongoing reflections on disability in the communications sector
iii) The retention of the number:
As regards the draft Article D. 406-18 of the CPCE submitted for an opinion, the Authority approves the choice of the Government to have specified that the deadline for carrying a working day is not starting to run At the end of a verification phase of the eligibility of the application. This clarification of the point of departure of the period of one working day in which the subscriber, who has concluded a port agreement, is entitled, in accordance with the provisions of Article L. 44 of the CPCE, to obtain the activation of its number gives its full meaning to the The
also notes that the amendment to Article D. 406-18 could be an opportunity to clarify the quality of service provided by the operators. Conditions of carriage of the number, in the interests of consumer protection. In fact, new multi-service offerings have emerged in the market, including fixed telephone service, Internet access, television and a mobile electronic communications service. The request for carriage which would only concern one of the two telephone numbers, fixed or mobile, must therefore be able to be satisfied by the operator, without calling into question the supply and continuity of services provided since access Associated with the other number and the ability of the subscriber to subsequently request the retention of the other number, fixed or mobile. In view of the complexity of the operators' retail offers, the Authority considers that it is useful, in order to make the conditions of carriage of numbers more transparent, to supplement the penultimate subparagraph of Article D. 406-18 of the CPCE by a Read as follows: " It only causes the services provided to be terminated from the access associated with the ported number. "
In the interest of clarification, the Authority also considers it necessary to reproduce, in Article D. 406-18 of the CPCE, the condition for triggering the period of one working day relating to the availability of access provided for in Article L. 44 of the CPCE. The Authority therefore proposes that the Government replace the sentence: " This period shall not exceed one day unless expressly requested by the subscriber." To: " This period may not exceed one day, subject to the availability of access, unless expressly requested by the subscriber. "
Finally, it should be noted that article L. 44 of the CPCE, in its version as a result ofOrder No. 2011-1012 of 24 August 2011 on communications Electronic, specifies that any delay or abuse in the porting process will result in compensation. Consequently, and in order to ensure full implementation of these provisions, it seems necessary to supplement the II of Article D. 406-18, by adding, to the list of subjects dealt with by regulatory decision of the Authority " The terms and conditions of compensation in case of abuse or delay in the retention provision of the number ".
4. On quality of service
Draft article D. 98-4 of the CPCE states that " The Authority may request the certification of methods of measuring quality of service '.
The Authority notes that this provision ensures the transposition of Article 22 of the Directive ' Universal service " Which states that " The NRAs may specify, inter alia, the indicators relating to the quality of service to be measured and the content, form and method of publication of the information, including possible quality assurance mechanisms, in order to Ensure that end-users (...) have access to complete, comparable, reliable and easy-to-use information. "
This amendment to Article D. 98-4 of the CECP means that operators may designate an organisation Certifier of their choice if this certification is imposed on them by the PFRA. It appears that this certification is optional and that, if it is imposed, the Authority will only be able to specify the form and method of publishing the information of that certification, that is to say the results. Moreover, as regards the quality of fixed service, such certification by an independent third-party entity is already provided for by its decision No. 2008-1362 of 4 December 2008 on the publication of measures of indicators Quality of service fixed by operators. The new provision is only providing a stronger legal basis for an existing obligation.
5. On the action of the regulator before the Paris Court of Appeal and the Court of Cassation
i) The procedure before the Court of Cassation:The
takes note with satisfaction of the introduction, in the CPCE, of a new Article R. 11-10 which confers jurisdiction on the President of the Authority to make observations before the Court of Cassation, on the occasion of an appeal in cassation Lodged against a judgment by which the Court of Appeal of Paris ruled on a decision to settle a dispute of the Authority.
To date and in accordance with the case-law of the Court of Cassation (Cass. Com., 12 December 2006, No. 05-19.610, Société France Télécom/SA Western Telecom), the Authority is unable to present its arguments before the Court of Cassation when, before that court, disputes are brought before the Court of Cassation Settled by the Authority and examined by the Paris Court of Appeal. This situation is difficult to justify.
Indeed, this impossibility for the Authority to defend its decisions before the Court of Cassation and to argue the analysis of the independent regulator was problematic in principle. The power to settle disputes between electronic communications operators derives from Community law. As regards competition authorities, Community case-law considers that their task would be challenged if they have no opportunity to defend their decisions before the competent courts (CJEU, Vebic, 7 December 2010, C-439/08). Article L. 464-8 of the Commercial Code recognises the Competition Authority, since the Law for the Modernisation of the Economy of the 4 August 2008, the possibility of submitting observations to the Court of Cassation. In view of these elements, it is therefore necessary to provide that the Authority, which is responsible for ensuring compliance with public policy objectives of sectoral regulation, may at least submit observations to the Court of Cassation on occasion Appeals against the judgments by which the Paris Court of Appeal ruled on the decisions of the ARCEP.
(ii) The procedure before the Paris Court of Appeal:
The Authority notes that the modernisation of the litigation procedure in the electronic communications sector also passes through the Faculty, for the Authority, like the other French regulatory authorities (para. Example,Article 15 of Decree n ° 2010-1023 of 1 September 2010 relating to the organisation of the Regulatory Authority Railway allows it to defend itself before the court Of Paris, without obligation to attend or represent). In this respect, the current drafting of Article R. 11-8 of the CPCE is a source of ambiguity and should be clarified. Accordingly, the Authority proposes to replace the current wording of Article R. 11-8 of the CPCE by: Before the Court of Appeal and its first President, the representation and assistance of the parties and the Authority shall be exercised in accordance with the conditions laid down by the Href=" /viewCodeArticle.do?cidTexte=LEGITEXT000006070716&idArticle=LEGIARTI000006411574&dateTexte= &categorieLink = cid"> section 931 of the Civil Procedure Code ".
III. -Conclusion
Subject to the taking into account of the comments on Article 27 of the draft decree in the Council of State and to draft Article R. 9-6 of the code of posts and electronic communications, the Authority shall deliver an opinion
This notice will be notified to the Minister of Economy, Finance and Industry and to the Minister responsible for Industry, Energy and the Digital Economy. It will be published in the Official Journal of the French Republic.
Done at Paris, November 15, 2011.
A N N E X E
ORDER [] of []
PORTANT TRANSPOSITION OF THE NEW EUROPEAN REGULATORY FRAMEWORK IN THE ELECTRONIC POSITION AND COMMUNICATIONS CODE AND STRENGTHENING THE SECURITY OF THE MEANS OF COMMUNICATIONS INTERCEPTION ELECTRONIC
| Article 2 It is inserted after item R. 11-9 of the same code. Article R. 11-10 reads as follows: " Art. R. 11-10. -The President of the Electronic Communications and Postal Regulatory Authority may submit observations to the Court of Cassation, on the occasion of an appeal in cassation against a judgment by which the Paris Court of Appeal has Decision on a decision of the Authority. " | Article 2 Article R. 11-8 of the same Code is thus amended: " Before the Court of Appeal and its first Chairman, the representation and assistance of the parties and the Authority shall be exercised under the conditions laid down ByArticle 931 of the Code of Civil Procedure. " It is inserted after Article R. 11-9 of the same Code, Article R. 11-10 reads as follows: " Art. R. 11-10. -The President of the Electronic Communications and Postal Regulatory Authority may submit observations to the Court of Cassation, on the occasion of an appeal in cassation against a judgment by which the Paris Court of Appeal has Decision on a decision of the Authority. " |
| Article 4 (..) II. -It is inserted in paragraph II of Section 1 of Chapter II of Title I of Book II of the same Code, articles R. 9-5 and R. 9-6 thus written: (...) " Art. R. 9-5. -I.-When the Electronic Communications and Postal Regulatory Authority intends to impose the obligation laid down in Article L. 38-2, it shall submit to the Commission a proposal containing: (...) " II. -The draft decision of the Authority contains the following elements: -the precise nature and degree of separation and, in particular, the legal status of the functionally independent economic entity; " Art. R. 9-6. -The draft assignment referred to in Article L. 38-2-1 shall be notified to the Electronic Communications and Postal Regulatory Authority as soon as the transferee is approached and no later than four months before the date of the assignment. " | Article 4 II. -It is inserted in paragraph II of Section 1 of Chapter II of Title I of Book II of the same Code, articles R. 9-5 and R. 9-6 thus written: (...) " Art. R. 9-5. -I.-When the Electronic Communications and Postal Regulatory Authority intends to impose the obligation laid down in Article L. 38-2, it shall submit to the Commission a proposal containing: (...) " II. -The draft decision of the Authority contains the following elements: -the precise nature and degree of separation and, where appropriate, the legal status of the functionally independent economic entity; " Art. R. 9-6. -The draft assignment referred to in Article L. 38-2-1 shall be notified to the Electronic Communications and Postal Regulatory Authority as soon as the assignee is approached and no later than eight months before the date of the assignment, in order to To assess the impact of the proposed transaction. " |
| Article 16 Article R. 20-30-11 of the same code is thus modified: (...) IV. -In the first paragraph of II, the words: One of the components of the universal service referred to in 1 ° and 3 ° of Article L. 35-1 or the elements of that described in the 2 ° of the same Article " Are replaced by the words: " The component of the universal service referred to in the 3 ° of Article L. 35-1 or the components or components of the components described in the 1 ° and 2 ° of the same article ". | Article 16 Article R. 20-30-11 of the same code is So modified: (...) IV. -In the first paragraph of II, the words: One of the components of the universal service referred to in 1 ° and 3 ° of Article L. 35-1 or the elements of that described in the 2 ° of the same Article " Are replaced by the words: " The component of the universal service referred to in the 3 ° of Article L. 35-1 or the components or components of the components described in 1 ° and 2 ° of the same article . -In the first paragraph of II, the words: The prices of compulsory services " Are replaced by the words: " Prices for additional services ". |
| Article 25 The III of Article D. 98-7 of the Postal Code and electronic communications is thus amended: (...) II. -It is supplemented by six paragraphs so drafted: " The means necessary for the application of Act No. 91-646 of 10 July 1991 relating to the secrecy of correspondence Issued by the electronic communications channel satisfy the following conditions: "- the systems requested for interceptions of electronic communications are in place on the national territory; " - the systems requested for electronic intercepts are set up on the territory National and cannot be from a foreign country; " - the data produced by the systems requested for interceptions of electronic communications are encrypted by a means validated by the State when such data are required Transit electronically outside the national territory; " - only Qualified officers referred to in the first paragraph of this III shall have access to the systems requested for electronic communications intercepts and the data produced by those systems. " | Article 25 The III of Article D. 98-7 of the Postal and Electronic Communications Code is thus amended: (...) II. -It is supplemented by six paragraphs so drafted: " The means necessary for the application of Act No. 91-646 of 10 July 1991 relating to the secrecy of correspondence Issued by the electronic communications channel satisfy the following conditions: "- dedicated systems for interceptions of electronic communications are set up on the national territory; " - dedicated systems for interceptions of electronic communications are set up in the territory National and cannot be from a foreign country; " - data produced by dedicated systems for interceptions of electronic communications are encrypted by a means validated by the State when such data must be Transit electronically outside the national territory; " - only agents Qualifications referred to in the first paragraph of this III shall have access to dedicated systems for the interception of electronic communications and the data produced by those systems. " |
| Article 27 " The Electronic Communications and Postal Regulatory Authority shall promptly inform the Minister responsible for electronic communications of the receipt of a request for review under II of Article 59 of Ordinance No. 2011-1012 of 24 August 2011 on electronic communications. Within six months of receipt of this request, the Authority shall notify the applicant of the conclusion of its review and, Where appropriate, the new conditions for the authorisation of the use of the frequencies Proposed. For a period of one month following this notification, the applicant may withdraw his request for review. If the holder of the authorisation withdraws his application, his authorisation remains unchanged. Otherwise, the Electronic Communications and Postal Regulatory Authority shall notify it of the new authorisations for the use of radio frequencies. " | Article 27 " The Electronic Communications and Postal Regulatory Authority shall promptly inform the Minister responsible for electronic communications of the receipt of a request for review Href=" /viewTexteArticle.do?cidTexte=JORFTEXT000024502658&idArticle=JORFARTI000024502731 &categorieLien=cid"> II of Section 59 of Order No. 2011-1012 of 24 August 2011 on electronic communications. Within eight months to After receipt of such request, the Authority shall notify the applicant The conclusion of its review and, where appropriate, the new conditions for authorising the use of spectrum envisaged. However, when the Electronic Communications and Postal Regulatory Authority is required to Public consultation under the conditions laid down in Article L. 32-1 of Article L. 32-1 because it considers that the application of the principle of neutrality is likely to affect the objectives referred to in Article L. 32-1, the publication of the result This consultation extends the notification period referred to in The preceding paragraph. For a period of one month following notification of the new conditions for the authorisation of use of the frequencies, the applicant may withdraw his request for review. If the holder of the authorisation withdraws his application, his authorisation remains unchanged. Otherwise, the Electronic Communications and Postal Regulatory Authority shall notify it of the new authorisations for the use of radio frequencies. |
ORDER No. [] of []
PORTANT CHANGE OF THE OBLIGATIONS OF THE OPERATORS PLANNED BY THE CODE OF POSTS AND ELECTRONIC COMMUNICATIONS IN THE NEW EUROPEAN
FRAMEWORK
| Item 4 Section D. 98-8 of the same code is modified as follows: I. -The first sentence of the second subparagraph is replaced by the following two sentences: " The operator shall take the necessary measures to transport emergency calls free of charge from public access points, subscription points and interconnection points, to the competent centre corresponding to the location of the The appellant, on the basis of the information and lists transmitted by the representatives of the State in the departments and to provide disabled end-users with access to emergency services free of charge, equivalent to that enjoyed by the Majority of end users. For disabled end-users, when the means of communication used is not the telephone service, this access is ensured within the limit of the technical constraints inherent in the mode of communication used. " | Article 4 Article D. 98-8 of the same code is modified as follows: I. -The first sentence of the second subparagraph is replaced by the following two sentences: " The operator shall take the necessary measures to transport emergency calls free of charge from public access points, subscription points and interconnection points, to the competent centre corresponding to the location of the The appellant, on the basis of the information and lists transmitted by the representatives of the State in the departments, and to provide disabled end-users with access to emergency services free of charge, equivalent to the one enjoyed by the Majority of end users. For disabled end-users, when the means of communication used is not the telephone service, this access is ensured within the limit of the technical constraints inherent in the mode of communication used. " |
| Article 8 After Article D. 98-12 of the same code, an article D. 98-13 reads as follows: " Art. D. 98-13. - (...) " The operator, distributor of terminals, provides disabled end users with terminals adapted to their available handicaps on the market. The operator shall also take into account the specific needs of persons with disabilities in the design of equipment associated with its fixed Internet access offerings. (...) " | Article 8 After Article D. 98-12 of the Code, it is inserted an article D. 98-13 thus written: " Art. D. 98-13. - (...) " The operator, distributor of terminals, provides disabled end users with terminals adapted to their available handicaps on the market. The operator shall also take into account the specific needs of persons with disabilities in the design of the equipment associated with its fixed Internet access offerings. (...) " |
| Article 14 The fifth paragraph Of Article D. 307 of the Code is supplemented by the following words: , including any conditions restricting access or use of services and applications ". | Article 14 The fifth paragraph of I of Article D. 307 of the Code is supplemented by the words: ", including all Condition limiting access or use of services and applications ". In the first paragraph of Article D. 307 of the same code, the words: Without prejudice to Article D. 308, " Deleted. |
| Article 15 The first twelve paragraphs of Article D. 308 of the same code are replaced by the twelve paragraphs so drafted: " Art. D. 308. -Where an operator is required to grant reasonable requests for access to network infrastructure pursuant to Article D. 310, it shall publish a technical and tariff offer for access to network infrastructures. This offer contains a description of the benefits related to access to network infrastructures and the terms, conditions and prices associated with them. It also includes benefits associated with access to network infrastructures, in particular the provision of information necessary for its implementation and, where appropriate, an offer to collocate equipment. " The offer referred to in The preceding paragraph shall contain at least the following: (...). | Article 15 The first twelve paragraphs of Article D. 308 of the same Code shall be replaced by the twelve paragraphs thus drafted: " Art. D. 308. -Where an operator is required to grant reasonable requests for access to network infrastructure pursuant to Article D. 310, it shall publish a technical and tariff offer for access to network infrastructures. This offer contains a description of the benefits related to access to network infrastructures and the terms, conditions and prices associated with them. It also includes benefits associated with access to network infrastructures, in particular the provision of information necessary for its implementation and, where appropriate, an offer to collocate equipment. " Where it concerns Access to local loops, the offer referred to in the preceding paragraph may include the following: (...) " |
| Article 19 Article D. 406-18 of the Postal and Communications Code Electronic is thus modified: (...) II. -The first two sentences of the first subparagraph of the first subparagraph of the I shall be replaced by the following two sentences: " The period of carriage corresponds to the number of business calendar days between, on the one hand, the obtaining by the operator receiving the Confirmation of the eligibility of the application for conservation of the number and, on the other hand, the effective port of the number. This period may not exceed one day unless expressly requested by the subscriber. " III. -In II, after the words: Of this Article, ', the first paragraph shall read: ' Taking into account the technical feasibility and the need to ensure the continuity of the service provided to the subscriber, in particular: ". | Article 19 Article D. 406-18 of the Postal and Communications Code Electronic is thus modified: (...) II. -The first two sentences of the first subparagraph of the first paragraph of the I shall be replaced by two sentences as follows: " The period of carriage shall be the number of working days between, on the one hand, the receipt by the receiving operator of the confirmation of the The eligibility of the application for conservation of the number and, on the other hand, the effective port of the number. This period may not exceed one day, subject to the availability of access, unless expressly requested by the subscriber. " III. -The penultimate paragraph of the I is supplemented by the following sentence: " It only results in the termination of the services provided from the access associated with the number carried. " IV. -In II, after the words: Of this Article, ', the first paragraph shall read: ' Taking into account the technical feasibility and the need to ensure the continuity of the service provided to the subscriber, including: ". V. -The II is supplemented by the following sentence: " - the terms and conditions of compensation in the event of abuse or delay in the provision of conservation of the number. |
The President,
J.-L. Silicani
