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Decision N ° 2012 - 1546 4 December 2012 Fixing The Provisional Contributions From Operators At The Cost Of The Universal Service For The Year 2013

Original Language Title: Décision n° 2012-1546 du 4 décembre 2012 fixant les contributions provisionnelles des opérateurs au coût du service universel pour l'année 2013

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JORF n ° 0043 of February 20, 2013
Text No. 97




Decision No. 2012-1546 of 4 December 2012 fixing the operators' provisional contributions to the cost of the universal service for l 'year 2013

NOR: ARTE1300097S ELI: Not available


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:

Article 1


Provisional contributions by operators to the universal service fund for the year 2013 are those set out in the Annex to the Decision.

Article 2


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.

  • Appendix



    A N N E X E
    PROVISIONAL CONTRIBUTIONS
    TO THE UNIVERSAL SERVICE FUND THE YEAR 2013



    CREDITOR
    AMOUNT TO RECEIVE FUNDS
    (in euros)

    France Télécom

    20 338 186



    OWNERS
    AMOUNT TO BE VERSER TO
    FUND (in euros)

    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


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