Key Benefits:
The Electronic Communications and Postal Regulatory Authority,
Due to Directive 2002 /22/EC Concerning the universal service and the rights of users in relation to networks and services Electronic communications as amended by Directive 2009 /136/EC of 25 November 2009;
Given the postal code and electronic communications (hereinafter ' CPCE "), in particular the 15 of Article L. 32 and Articles L. 35-2, L. 35-3, R. 20-30 and R. 20-31 to R. 20-39;
In view of the decree of the Minister of Economy, Industry and Employment of 17 June 2008 published in the Official Journal of the Republic French of June 26, 2008 and authorizing TLIC to provide its customers with the tariff reduction provided for in the I of Article R. 20-34 of the COPC;
In view of the order of the Minister responsible for the digital economy dated 18 November 2009 designating The operator responsible for providing the subscriber directory in printed form as part of the Universal service provided for in 2 ° of Article L. 35-1 of the ECCC;
In view of the decree of the Minister responsible for electronic communications dated 1 December 2009 designating the operator responsible for providing the component of the planned universal service To the 1 ° of article L. 35-1 of the CPCE (telephone service);
In view of the decree of the Minister responsible for the digital economy dated 14 February 2012 designating the operator responsible for providing the component of the universal service provided for at 3 ° of Article L. 35-1 of the CPCE (publish);
In view of Decision No. 2012-0006 of The Electronic Communications and Postal Regulatory Authority of 17 January 2012 publishing the rules employed for the application of the methods referred to in Articles R. 20-33 to R. 20-39 of the CPCE for the calculation of the final cost of the Universal service for the year 2010;
In view of Decision No. 2012-0484 of the Regulatory Authority for Electronic Communications and posts of 3 May 2012 fixing the final estimates of the cost of the universal service and the contributions Operators for the year 2010 published in the Official Journal of the French Republic June 12, 2012;
In view of the notices of call for applications launched by the Ministry of Economy, Industry and Employment of 29 October 2011 for the components of the universal directory service in paper and print form;
After deliberation on December 4, 2012,
I. -Regulatory framework
1. The competence of the Authority
Article L. 35-3 of the CPCE provides that " The amount of net contributions whose operators are liable to the Fund under the II and the amount of money owed by the Fund to operators designated to fulfil the obligations of the universal service shall be determined by the Authority of Regulation of electronic communications and posts ".
The purpose of this Decision is to fix provisional contributions for the 2013 provisional financial year.
2. On the introduction of a provisional calculation method
Decree n ° 2003-338 of 10 April 2003 published in the Official Journal of the French Republic on 13 April 2003 Concerning the financing of the universal telecommunications service has changed the method of calculating the operators' forecast contributions to the universal service fund. Article R. 20-39 of the ECCC in its drafting of this Decree of 10 April 2003 provides that these contributions are now established on a provisional basis based on the final contributions calculated in the last fiscal year.
Indeed, Article R. 20-39 of the CPCE provides that " If, for the last year for which the balance has been found, the final balance of an operator is the debtor, that operator shall pay a provisional contribution of the amount corresponding to the fund '. The provisional contribution is paid in two equal instalments. It also specifies that if, for the last year found, the previously calculated balance is payable, " The fund shall pay the corresponding amount in accordance with the conditions laid down in Article R. 20-42 "Article R. 20-42 of the CPCE provides that" At each maturity, the total amount of repayments made to the accounts payable shall be equal to the amounts actually recovered by the Fund managed by the Fund for Deposits and Consignations, reduced by a sum corresponding to half Estimated management costs ".
For the calculation of the 2013 provisional contributions, account should be taken of the final final cost published at the time of this decision, namely that of 2010.
3. On taking account of operators providing the universal service other than the
operator or operators in charge of the universal service components
Article R. 20-39 of the CPCE specifies that " If a new operator provides the universal service, the Electronic Communications and Postal Regulatory Authority shall assess the estimated cost of this service based on information relating to the year preceding the year of supply of the service, Communicated by the new operator no later than October 31 of the year preceding the year in question. "
Such a cost shall then be taken into account in the calculation of the provisional contributions, increasing or decreasing them.
II. -Apportionment of contributions between operators for the 2013 instalment year
1. Contributing Operators (Accounts Receivable)
The provisional contributions of the debtor operators for the year 2013 are those recorded for the final cost of the year 2010 and are described in the Annex.
Annex I to Decision No. 2012-0484 on the final evaluation of the year 2010, the modifications described below have been made.
Altitude Telecom has been the subject of a deregistration of the register of trade and companies. January 13, 2012 following the merger-absorption by the company Completel SAS Intervened on 31 December 2011. As a result, Altitude Telecom's contribution was transferred to Completel SAS.
B3G was the subject of a deregistration of the commercial and corporate register on 23 January 2012 as a result of the merger-absorption by the company Completel SAS intervened on December 31, 2011. As a result, B3G's contribution has been transferred to Completel SAS.
Carrefour Interactive will discontinue its MVNO business as of December 31, 2012. As a result, Carrefour Interactive's contribution will not be notified to Carrefour Interactive.
KPN France, now OOB Telecom, was acquired by Bouygues Telecom on December 21, 2011. It has been dissolved through a Universal Heritage Transfer (TUP) for the benefit of Bouygues Telecom. As a result, KPN France's contribution has been transferred to Bouygues Telecom.
IC Telecom was placed in judicial review on 12 April 2012 with a four-month observation period until 12 August 2012. Company Sarl Financiere LR has taken up part of IC Telecom's assets as part of an assignment plan through one of its subsidiaries, IC.Com, but it did not take over IC Telecom's debts. As a result, IC Telecom's contribution will not be transferred or notified.
NRJ Mobile has changed its name to EI Telecom (Euro-Informaton Telecom) since October 19, 2012. As a result, NRJ Mobile's contribution was transferred to EI Telecom.
Numéo was absorbed by Ozone as part of a merger-absorption on December 31, 2011. As a result, the contribution of Numéo was transferred to Ozone.
2. Contributing Universal Service Delivery Operators (Accounts Payable)
a) Operator of " Pay or play "
By order of the Minister of Economy, Industry and Employment of 17 June 2008, TLIC, which did not exist in 2006, has been allowed to benefit its customers from the tariff reduction. Accordingly, the activity of that company has been examined in respect of the provision of the tariff reduction since the date of the order, in order to determine whether that company is liable, in respect of the provisional year 2013, to benefit from the Compensation provided for in Article R. 20-39 of the CPCE for the social rate component.
This Article specifies that, in the case of a new operator, the Authority shall assess the estimated cost of the rate social reduction benefit to be provided. Information concerning the year preceding the year of supply of the service, That is, the year 2012 for the 2013 provisional assessment, information which must be transmitted by 31 October of the year preceding the year of supply. TLIC has sent the information via e-mail to indicate that TLIC will not start its business as a result of the withdrawal of its public service delegation by SIPPEREC. The Authority noted as at 31 October 2012 that the start of the business activity, initially scheduled for 1 July 2008, had not taken place.
As a result, TLIC's net contribution to the social rates for the financial year Provisional 2013 is null.
b) Designated operator
France Telecom, designated for telephone service and publishing components, presents a credit balance for the provisional contribution relative to The year 2013. This balance corresponds to the total amount of the provisional contributions of the debtor operators in respect of the provisional financial year 2013, from which the estimated management costs for 2013 are
. For the provisional assessment of the year 2013 shall be € 57,650, the amount of the estimated costs for the year 2013 having been approved at the control committee of the universal service fund of 12 November 2012.
The provisional credit balance of France Télécom is therefore 20,338 186 euros (cf. Annex).
France Telecom is the only creditor for the year 2013.
Decides:
Provisional contributions by operators to the universal service fund for the year 2013 are those set out in the Annex to the Decision.
The Director General of the Authority shall be responsible for the application of this Decision, which shall be published in the Journal Official of the French Republic and notified to the operators Listed in the annex, with the exception of Carrefour Interactive, which will no longer carry on business in 2013 (cf. II.1) and IC Telecom.
A N N E X E
PROVISIONAL CONTRIBUTIONS
TO THE UNIVERSAL SERVICE FUND THE YEAR 2013
France Télécom | 20 338 186 |
118000 | 3 527 |
6 COM | 233 |
ACN COMMUNICATIONS FRANCE | 49 346 |
Afone | 35,380 |
Akamai Technologies | 21 228 |
Astrium SAS | 868 |
Auchan Telecom | 25 870 |
AT&T Global Network Services France SAS | 52 512 |
Atos Worldline | 97 |
Bouygues Telecom | 3 011 334 |
BT France | 88 544 |
Telecom Budget | 8 380 |
Cable & Wireless | 2 227 |
Interactive Carrefour | 12 001 |
Central Telecom | 3 259 |
Cogent Communications France SAS | 4 935 |
Colt Technology Services | 117 780 |
SAS Completel | 230 434 |
Coriolis Telecom SAS | 44 691 |
Darty Telecom | 63 871 |
Dauphin Telecom | 4,590 |
Digicel French Antilles Guiana | 99 158 |
Eagle Telecom | 2 793 |
Easynet | 13 477 |
EI Telecom | 151 856 |
Equant France SA | 10,363 |
Is Videocommunication | 9 124 |
Free | 765 893 |
Future Telecom | 32 243 |
GC Pan European Crossing France | 30 260 |
Hub Telecom | 41 235 |
IC.Com | 9 776 |
Intercall | 3 884 |
Keyyo | 9 348 |
Telecom Station | 51 581 |
Lebara France Limited | 20 297 |
Mediaserv SARL | 30 111 |
Mobius | 3 621 |
NC Numericable | 61 264 |
Neo Telecoms | 288 |
Nerim | 6 517 |
Netsize | 54 002 |
Nordnet | 7 393 |
Numericable | 95 434 |
OMER TELECOM LTD | 263 119 |
Omer Mobile | 80 258 |
One Tel | 2 821 |
Caribbean Orange | 244 684 |
Orange France | 7 420 671 |
Orange Meeting | 69,364 |
Ortel Mobile SAS | 20,600 |
Outremer Telecom | 132 847 |
Ozone | 373 |
Paritel Operator | 7 262 |
PagesJaunes SA | 10 299 |
Primus Telecommunications France SA | 10 251 |
Prixtel | 23 053 |
Prosodie | 54 002 |
RMI Informatique | 7 462 |
SFR | 6 369 314 |
SRR | 189 006 |
Sprintlink France SAS | 2 915 |
Symacom | 25 139 |
Transaction Network Services | 10 893 |
T-Systems France | 35,669 |
Verizon France | 121 969 |
Wifirst | 2 840 |
Done at Paris, December 4, 2012.
The President,
J.-L. Silicani