Advanced Search

Notice Of A Call For The Designation Of One Or Several Operators Provide Delivery 'connection' Of The Component Of The Universal Service Of Electronic Communications Under 1 ° Of The Artic...

Original Language Title: Avis relatif à un appel à candidatures en vue de la désignation d'un ou de plusieurs opérateurs chargés de fournir la prestation « raccordement » de la composante du service universel des communications électroniques prévue au 1° de l'artic...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF n°0053 of 3 March 2013 page 3959
text No. 45



Notice of a call for applications for the designation of one or more operators to provide the "connection" service component of the universal electronic communications service provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code

NOR: SMEI1305489V ELI: Not available



The call for applications, the purpose of this notice, is to provide the "connection" component of the fixed telephony component of the universal electronic communications service, as provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code.
This service involves connecting all, at an affordable price, to a fixed network open to the public that allows the delivery of telephone communications, fax communications and data communications to a sufficient flow rate to allow access to the Internet.
At the end of this call for applications, the Minister responsible for electronic communications will designate, for the "connection" service, one or more operators responsible for providing it.
This call for applications is made up of an introduction that recalls the applicable legal framework and two parts supplemented by two annexes.
The first part describes the minimum obligations to be met by any selected operator following the call for applications.
The second part describes the procedure for selecting and appointing one or more operators.
The annex contains the minimum service quality obligations to be met (annex 1) and the tariff information to be provided by the candidates (annex 2).

  • LEGAL FRAMEWORK RELATING TO THE UNIVERSAL SERVICE OF ELECTRONIC COMMUNICATIONS



    The legal framework for the universal service of electronic communications is essentially:
    – the Directive 2002/22/EC of the European Parliament and the Council of 7 March 2002 on universal service and user rights in relation to electronic communications networks and services (the "universal service" directive), as amended by the European Directive 2009/136/EC of 25 November 2009;
    the provisions of sections L. 35 to L. 35-5 and R. 20-30 to R. 20-44 of the Post and Electronic Communications Code (1).
    Article L. 35-1 of the Post and Electronic Communications Code provides that "the universal electronic communications service provides to all:
    1° A connection to a fixed network open to the public and a quality telephone service at an affordable price. This network connection allows the delivery of telephone communications, fax communications and data communications to sufficient rates to allow access to the Internet, from or to subscription points, as well as the free delivery of emergency calls (...);
    2° An information service and an annuary of subscribers, in print and electronic form, in accordance with the provisions of Article L. 35-4;
    3° Access to public telephone booths installed on the public domain or other access points to the public telephone service;
    4° Special measures for end-users with disabilities to ensure, on the one hand, access to the services mentioned in 1°, 2° and 3° that is equivalent to access to other end-users and, on the other, the affordable nature of these services (...). »
    Article L. 35-1 of the same code also provides that "the universal service is provided under tariff and technical conditions taking into account the particular difficulties encountered in accessing telephone service by certain categories of persons, in particular because of their income level and by prohibiting any discrimination based on the geographical location of the user".
    Section L. 35-3 of the Code states that a universal electronic communications service fund provides for the financing of the net costs of the obligations under section L. 35-1 when these costs are an excessive charge to an operator who is responsible for it.
    Section L. 35-2 of the Code states that in order to ensure the provision of universal service throughout the national territory in accordance with the principles of equality, continuity and adaptability and the provisions of Article L. 35-1 of the same Code, the Minister responsible for electronic communications may designate, for the components or components of the components described in 1° of the same Article, one or more operators responsible for providing that component or element. It also provides that "the designation shall be made following appeals for applications relating to technical and financial conditions and, where appropriate, the net cost of providing such benefits." On the latter point, section L. 35-3 states that the net costs that may result in compensation for the universal service fund may not exceed the commitments made, if any, in the context of the calls for applications under section L. 35-2, by the designated operators to ensure the obligations of the universal service.
    Section L. 35-2 of the Post and Electronic Communications Code provides that the provision by an operator of the component or elements of a universal service component is governed by a specifications. This specifications are annexed to an order denoting the operator. However, section R. 20-30 of the same code states that "a designated operator may, after agreement of the Minister for Electronic Communications, provide or market part of the universal service or complementary services to the universal service to one or more other companies. It concludes with them conventions that guarantee the maintenance of the obligations defined by its terms of reference. The operator remains solely responsible for the fulfilment of these obligations."
    Finally, it is the result of Article L. 35-2 of the Post and Electronic Communications Code that the two elements of the component described in 1° of Article L. 35-1 of the same code, namely the connection provision and telephone service, may be subject to separate designations following applications.
    Section L. 35-2 of the same code also provides that universal service rates and quality of service rendered are controlled under the conditions described in sections R. 20-30-11 and R. 20-30-7.
    This call for applications competitions the "connection" benefit. The call for applications for the "telephone service" service will be made after the communication of the technical and tariff specifications of the networks of candidates whose applications will be deemed admissible as part of this call for applications. Operators may apply to each of the two calls and therefore be designated only for the provision of a benefit for which they would have applied, or for the provision of both benefits.
    Calls for applications under Article L. 35-2 of the Post and Electronic Communications Code are likely to specify geographic areas for the provision of universal service or not include any predefined geographic area. In the latter case, the geographic areas for the provision of the universal service are stopped after receiving all the applications in relation to the proposals and abilities of the candidates being understood that under article R. 20-30 of the code, "the universal service is provided on the entire territory of the metropolis, Guadeloupe, Guyana, La Réunion, Martinique, Mayotte, Saint-Barthélemy, and Saint-Barthélemy (...)
    This call for applications provides that the geographic areas for the provision of the universal service for the "connection" benefit will be decided upon receipt of all applications (see part II below).

    (1) Article R. 20-30-1 of the Post and Electronic Communications Code will be amended before the designation of the operator(s) responsible for providing the services of the component of the universal electronic communications service provided for in 1° of Article L. 35-1 so that the operator(s) responsible for providing the connection to a fixed network open to the public provide a specific offer of tariffs to certain categories of persons encountering particular difficulties in accessing the telephone service because of their income,
  • PART I: DESCRIPTION OF MINIMUM OBLIGATIONS TO BE RESPECTED FOR THE FOURNITURE OF THE "RACCORDEMENT" PRESTATION OF THE UNIVERSAL SERVICE OF ELECTRONIC COMMUNICATIONS PREVIOUS 1° OF ARTICLE L. 35-1 OF THE CODE OF POSTS AND ELECTRONICATIONS



    The minimum requirements are the obligations under the provisions of the Post and Electronic Communications Code regarding the provision of the universal electronic communications service.
    Among the universal service obligations, only the most important ones are recalled below, but any selected operator generally agrees to comply with all the legislative and regulatory provisions applicable to the delivery it provides, and in particular the provisions of the Post and Electronic Communications Code.
    Applicants will be able to include in their application file additional commitments to the required minimum obligations in order to enrich the universal service offer. However, the costs resulting from these additional commitments will not, unless otherwise stated in this call for applications, result in compensation provided by the universal service fund. The same will be true for the costs of complementary services to the universal service listed below and for the obligations related to the delivery of emergency calls to all operators.
    The terms used below have the same meaning as in the Post and Electronic Communications Code, unless otherwise stated.
    The articles cited are derived from the Post and Electronic Communications Code, unless otherwise stated.


    I. ― Definition of "connection" benefit


    In accordance with the provisions of Article R. 20-30-1 of the Post and Electronic Communications Code, the operator shall provide to any person who makes the request a connection to a fixed network open to the public to issue and receive telephone communications, fax communications (without pre-judging technological solutions and ensuring interoperability of these) and data communications at a sufficient rate to allow access to the Internet.
    This includes physical connection, maintenance and operation. The perimeter of the connection refers to the end user's domicile to the relevant point of the network allowing one or designated operators to provide the "telephone service" of the universal service under reasonable conditions.
    The extension of the network, which consists of deploying the local loop, is carried out at the expense of the designated operator. Only exceptional circumstances may warrant that a portion of the extension fees for the network be covered by the user.
    For the provision of this connection, the operator is free to choose the physical infrastructure best suited to the situation of the user (e.g., copper, radio, cable or fibre local loop). The technical configurations implemented by the operator responsible for providing the connection are communicated to the operator responsible for providing the telephone service to the public.
    The operator undertakes to ensure the availability of the connection offer in the geographic area in which it is designated for all users of this area, in accordance with the principles of equality, continuity and adaptability.


    II. ● Supply-related obligations
    of the "connection" service
    1. Minimum requirements for persons with disabilities


    The operator undertakes to allow persons with disabilities to access the services provided in conditions equivalent to those of other end-users. It provides at least disabled subscribers with access to tariff information, contractual documents and billing through a means adapted to their disability. The operator includes translation into Braille for blind people upon request from the users concerned.
    If the operator wishes to undertake additional measures for persons with disabilities in order to better adapt, for those persons, the provision of services provided for in I, and if these additional commitments are included in the terms of reference for designation, the net costs induced by these measures will be financed, where appropriate, by the universal service fund under the conditions provided for in Article III L. 35-3 of the Post and Electronic Communications Code.


    2. Minimum obligations for persons
    with low income


    The operator sets up a rate reduction device for people with low income under the conditions defined in section R. 20-34 of the CPCE. All or part of the amount of this reduction is covered by the universal service fund under the conditions set out in Article L. 35-3 of the same code.


    3. Minimum service quality obligations


    These obligations are defined in accordance with the indicators set out in ETSI EG 202057 as provided by Commission decision C (2006) 6364 of 11 December 2006.
    They relate to the delivery of benefits, the continuity of service rendered and the relationship with users. They are described in Appendix 1 to this call for applications. This annex also specifies the methods for calculating indicators. These methods are derived from the above-mentioned ETSI standard.
    The candidate operator must undertake to respect the expected level of quality at a minimum. It shall provide and disclose in its contracts compensations and reimbursement formulas applicable where its quality commitments are not met.
    Every operator designated to provide benefits publishes the annual values and communicates to the Minister responsible for electronic communications and to the Electronic Communications and Post Control Authority (ARCEP) the quarterly and annual values of the above-mentioned service quality indicators. Quality of service indicators must be used to analyze results at both the regional and national levels. Therefore, their calculation and communication should cover such results.


    4. Minimum relationship obligations
    with users
    4.1. Billing


    When the operator directly or indirectly proposes a comprehensive service, including a universal service offer and services that do not fall within the universal service, the operator undertakes to separate, under the offer and billing, as well as in the contract with the user, which falls under the universal service and, on the other hand, other services.


    4.2. Consumer information


    Each designated operator shall establish a price catalogue for the benefit(s) it has charge.
    This catalogue is freely available in the operator's business agencies and contact points with customers, and is available free of charge in real time by an electronic means.


    5. Minimum tariff obligations
    5.1. Maintenance requirement


    Tariff conditions include the maintenance, for a year, in the event of default of payment, of a restricted service with the possibility of receiving calls as well as the provision of telephone calls to free services or emergency services for the benefit of the debtor seized under the Act No. 91-650 of 9 July 1991 reform of civil enforcement and debtor procedures that are subject to measures provided for in Articles L. 330-1 et seq. of the Consumer Code.
    In this context, the designated operator to provide the "connection" service maintains a sufficient connection benefit to allow a restricted telephone service.


    5.2. Geographical equation and affordable pricing


    Benefit rates are consistent with the principle of equality and are established to avoid discrimination based on geographical location. This tariff equalization principle does not exclude that a designated operator provides trade provisions tailored to different customer categories based on objective and transparent pricing criteria. Such fees are then not the subject of compensation for the universal service fund.
    The operator designated to provide the "connection" service thus provides an affordable and cost-oriented offer. Rates should not reflect costs induced by the provider's willingness to provide services that would not fall under the universal service.
    Any operator responsible for the connection benefit also provides the technical and tariff conditions in which the connections of certain subscribers are made in the event of exceptional difficulties.


    5.3. Tariff control


    In accordance with the provisions of Article L. 35-2 of the Post and Electronic Communications Code, the rates for the "connection" benefit are controlled by the Electronic Communications and Post Control Authority (ARCEP) as described in Article R. 20-30-11 of the same Code.
    Without prejudice to these tariff control provisions, any designated operator shall communicate the amendments to the tariffs of the universal service to the Minister for Electronic Communications and ARCEP, eight days before they are applied.


    6. Accounting requirements


    In accordance with section R. 20-32 of the Post and Electronic Communications Code, each designated operator maintains an information system as well as an accounting of services and activities, which must, in particular, allow for the monitoring of the principle of cost-oriented pricing and to assess the net cost of universal service.
    Relevant elements of the information system and accounting data are made available to ARCEP at the request of ARCEP. They are audited periodically, at the operator's expense, by an independent body designated by ARCEP, to allow an annual update of the elements and data required for the application of Chapter III, section 2, of Title I, of Book II of the Post and Electronic Communications Code. Auditors must be independent of the auditors of the operator. They publish a compliance statement following the audit.


    7. Complementary services for universal service


    The operator provides a digital lease link service across the geographic area of its designation, providing transmission capabilities between network connection points at 2048 Kbits/s. It undertakes to respect the standard deadlines by providing penalties for non-performance of recovery periods.

  • PART II: DESCRIPTION OF THE SELECTION AND DEIGNATION PROCEDURE



    The procedure for selecting and appointing the operator in charge of the "connection" service component of the universal service component provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code includes the following three steps:
    Step 1: Constitution and submission of applications;
    Stage 2: Review of applications and selection of one or more operators to support the delivery described in the first part of this document;
    Step 3: Consultation of the Commission Supérieur du service publique des postes et des communications électronique (CSSPPCE) and ARCEP on the draft terms of reference for each selected operator and publication of the ministerial designation order(s);
    This Part describes the general conditions for each of these steps.


    I. ∙ First step: constitution and filing
    applications
    1. Establishment of applications


    Each application file for the provision of the "connection" benefit must be submitted in the French language in its entirety, including the annexes.
    The application must include all the information listed below, in accordance with the order of the paragraphs.
    If all of this information is not included in the application file, the application will be considered inadmissible and will be rejected without consideration.


    1.1. Information on the candidate


    The candidate must have a legal existence at the time of filing the application.
    It will provide the following information:
    (a) Identity (denomination, legal form, head office, proof of registration in the trade register and companies or equivalent, statutes, composition of the board of directors, shareholder pact, pre-emption rights, veto rights, power of appointment of leaders, agreements between companies);
    (b) Composition of the shareholding;
    (c) Annual social accounts for the last two fiscal years (balances and audited and certified results) of the candidate company;
    (d) Description of current industrial and commercial activities, including in the field of electronic communications, activity reports for the last two years that can be usefully provided.


    1.2. Geographical area of application


    The candidate must indicate precisely in which geographic area he proposes to ensure the universal service delivery.


    1.3. How to provide the "connection" benefit


    (a) Description of the benefit:
    The candidate will specify the offers by which he intends to meet the obligation to provide the universal service delivery subject to this call for applications, including the available rates for Internet access.
    The candidate will describe the technical means provided or put in place to meet their commitments. It will describe the general architecture of the network used, how the network was created, how the transmission supports and how the network was accessed. In order to allow operators who are candidates for the provision of the "telephone service" service to formulate their offer, which is the subject of a subsequent call for applications, the applicant must provide a sufficiently precise and detailed description of the technical and tariff specifications of its network to ensure the interface between "connection" and "telephone service". This description must include identifying the scope and modalities of the various types of connections envisaged, as well as an estimate of the share of connections planned for each of them.
    It will specify the measures it plans to take to ensure the permanence and availability of the service, and when relevant, the human means (number of people, qualifications, organization, location...) and techniques it plans to implement to ensure the technical and commercial deployment and operation of the network.
    It will also specify how it intends to implement to ensure good technical and operational coordination with the operator(s) responsible for providing the "telephone service" service.
    The candidate will describe his offer of complementary services to the universal service. This offer should cover all the services listed in the first part of this call for applications;
    (b) Tariff offer:
    The applicant will indicate the level and method of calculating the rates that the applicant intends to pursue, in accordance with Appendix 2 to this notice of call for applications.
    The applicant for the provision of the "connection" benefit will specify in which tariff terms it will maintain the restricted service provided for in the second paragraph of Article L. 35-1 of the Post and Electronic Communications Code. The applicant for the provision of the "connection" benefit will specify in what tariff terms it will ensure the connections of certain subscribers in the event of exceptional difficulties.
    Finally, all candidates will specify which tariff terms will be taken into account the particular difficulties of certain categories of persons related to their income level. With respect to the tariff reductions granted to low-income individuals, they will clarify whether they plan to manage the device themselves or whether they consider it necessary to entrust it to a third-party provider.
    The tariff offer as described allows to assess the operator's application, but does not prejudge the results of ARCEP's control under sections L. 35-2 and R. 20-30-11;
    (c) Net cost of universal service:
    The candidate will be required to submit a forecasting assessment of the net cost of universal service for each year of designation, in accordance with the provisions of Article L. 35-3 of the Post and Electronic Communications Code. This assessment, if accepted, will be a maximum for the net cost calculations of the universal service carried out annually by ARCEP. It will be mandatory if the operator is designated.
    This evaluation will be provided in both paper and electronic form to allow for an audit of advanced cost consistency with the calculation methods set out in sections R. 20-31 and following of the same code. The assumptions and quantitative data provided by the candidate will be clarified. The link between service assumptions (exchange of prices and volumes) and the net cost of universal service should appear;
    (d) Quality of service :
    The candidate will specify his or her service quality commitments and the means he or she intends to implement to achieve them;
    (e) Relations with subscribers and users of the service:
    The candidate must present the structure of his or her commercial network. He will provide the draft model contracts that he plans to go with his clients and will indicate how, if necessary, he intends to commercialize his overseas service in the departments of Guadeloupe, Guyana, Réunion, Martinique, Mayotte and Saint-Martin, Saint-Barthélemy and Saint-Pierre-et-Miquelon if his application concerns them.
    The applicant will describe how it intends to provide consumers with clear and accurate information on the one hand, on the perimeter of the universal service connection benefit, and on other related services to the connection that may be entrusted by the user to a separate service provider (e.g., adduction on the private domain, including the passenger crossing, where applicable).
    It will describe how it plans to meet consumer information obligations in billing, publishing the values resulting from the quality of service indicators and the establishment, withdrawal or modification of a universal service offer;
    (f) Measures taken to promote end-users with disabilities:
    As part of the measures to allow persons with disabilities to access the services provided under conditions equivalent to those of other end-users, the operator will include how it intends to ensure access to tariff information, contractual documents and billing. It will specify the cost of all these measures.


    2. Submission of applications


    Each file should be sent in six copies, distributed, for the body of the file, in four paper copies and two electronic copies. He must be accompanied by a transmission mail, signed by a person authorized to hire the candidate.
    Applications for applications must be filed, against receipt, at the DGCIS, ITIC/Sub-direction of Regulations and Multilateral Affairs, 67 Barbès Street, BP 80001, 94200 Ivry-sur-Seine, no later than the one-month deadline calculated from the date of publication of this application.
    If sent by La Poste or by a carrier, applications must be submitted by the same date.
    Applications filed or completed after that date will be dismissed. Applications submitted by any means not provided for in the preceding paragraphs will also be excluded from the procedure.


    II. ― Second stage: examination of applications
    and selection of (or) operators
    1. General description of the procedure


    The choice of the candidate(s) selected for the provision of the benefits of the universal electronic communications service component provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code will result from two consecutive calls for applications, the first relating to the "connection" service and the second on the "phone service" service. The selection of the operator(s) for each of the services will only take place at the end of the second call for applications.
    This call for applications concerns the "connection" service. At the end of this first stage, when the admissibility of all applications has been verified and the geographical distribution has been notified to the candidates, a second call for applications for the "telephone service" service will be launched without the selection of the first call.
    As part of this second call for applications:
    – operators who have not been nominated for the first call for applications may be nominated;
    – Operators who have applied for the provision of the "connection" service may also file an offer for the provision of the "phone service" service;
    – Finally, any candidate who has applied for the provision of each of the benefits will be able to file a consolidated offer for all of the two benefits. However, this offer will have to take over the main elements of the offers made by the operator for each of the benefits taken separately, namely the offer made for the provision of the "connection" benefit and the offer made for the provision of the "phone service" benefit.


    1.1. Call for applications for the provision
    of the "connection" service


    Applications received will be reviewed.
    The accuracy of the applicant's commitments will be an element in helping the Minister's electronic communications services to instruct the submissions, as it will assess the consistency of each project.
    To this end, questionnaires may be sent to candidates who have filed a complete file to obtain clarification on certain aspects of their offers.
    In a second phase, in view of the offers received, the scope of the geographical area(s) for the provision of benefits will be decided. This decision will be taken against the following two criteria:
    - the overall net cost of the relevant universal service component;
    – interest from the point of view of the user experience.
    With regard to the assessment of applications under the first criterion, it is important to consider:
    – synergies that may reduce the cost of universal service for this benefit;
    – the cost of non-profit areas, i.e. areas that would not be served by an operator operating under market conditions. The appreciation of the cost-effectiveness of an area depends in particular on its size. A significant geographic fragmentation of the universal service could result in new non-profit zones and increase the net cost of universal service. In addition, the cost of managing universal service could be higher.
    In terms of appreciation of applications under the second criterion, this includes taking into account the improvement of user benefits, for example by promoting technical or commercial innovation and efficiency. The higher the number of applications, the more consumers could benefit from a universal service offering, both in terms of quality and in terms of the price of benefits, due to competition between operators.
    When the choice described above is stopped, each candidate operator will be informed of this choice by mail explaining it. Two assumptions will then be considered:
    the initial offer of candidates is in accordance with this decision;
    either the initial offer of candidates does not correspond to that decision.
    In the second case, the operator can make a new offer, however consistent with its initial offer. No new candidate will be allowed to bid, but, in accordance with the provisions of Article R. 20-30 of the Post and Electronic Communications Code, the use of subcontracting may be considered.
    In order to allow operators to formulate an offer for the provision of the "telephone service" service, the technical and tariff specifications of the networks of each candidate whose application has been deemed admissible to the provision of the "connection" service will be made public. This advertisement will be included in the call for applications for the designation of the operator(s) responsible for providing the "telephone service" service upstream of the selection of the provider(s) for the provision of the "connection" service.


    1.2. Selection of candidates


    At the end of the second call for applications on the "telephone service" service delivery, and with regard to all the offers received, a further examination of the applications will be conducted. The selected candidate(s) will be the one or those who will present the offers deemed to be the most suitable for providing universal quality service at an affordable and cheaper cost in the defined geographic area(s).
    In order to ensure the transparency of the selection process, candidates will be departed on the basis of criteria defined in this notice of application.


    2. Selection criteria and criteria weighting system


    Each of the applications selected following the definition of the geographic area will be the subject of a global note. It will be the sum of the grades assigned to the candidate for each of the selection criteria listed below. Six criteria will be taken into account for a global rating of 600. The selected candidate will be the one that has been best rated. If several candidates obtain the same rating, they will be departed with respect to their rating of the four main criteria of choice.
    The selected selection criteria and their rating will be as follows:


    SELECTION CRITES
    MODE DE NOTATION

    (a) Service offers and operator's ability to ensure them

    Note on 200

    (b) Tariff offer

    Note on 100

    (c) Net cost of universal service

    Note on 100

    (d) Quality of service

    Note on 100

    (e) Relations with users

    Note on 50

    (f) Taking into account the needs of persons with disabilities

    Note on 50

    Total

    600


    2.1. Definition of selection criteria


    The selection criteria are defined as follows:
    (a) Offers and the operator's ability to ensure:
    This criterion is appreciated in terms of the offer and the characteristics of the size and coverage of the candidate's network, the available flow rates and the sufficiency of the means implemented;
    (b) Tariff offer:
    The rate will be reviewed. The tariff offer will be taken into account for certain categories of users (disadvantaged persons);
    (c) Net cost of universal service:
    The relevance of the evaluation to the methodology set out in the Post and Electronic Communications Code will be reviewed. This net cost may be judged against the overall net cost of the entire delivery and, where applicable, the entire component so that it is minimized;
    (d) Quality of service :
    The quality of the service offered will be appreciated against the operator's proposals for the indicators presented in Annex 1. Ways to achieve these quality objectives will be discussed. The same will be true of the compensation commitments provided in the event of non-compliance with the objectives set;
    (e) User relations:
    The quality of the relationship with users will be appreciated through the analysis of the main provisions of the model contracts (clarity and conformity with the requirements of the right of consumption of these provisions, duration of the commitment and modalities of conclusion and termination of the contract) as well as through the operational structure of the processing of the customer relationship (organization and capacity of the call treatment centers in particular) and even of the measures envisaged to guarantee the permanence and availability of the service
    The clarity of tariff information will also be examined;
    (f) Taking into account the needs of persons with disabilities:
    This criterion will be appreciated in terms of the nature and price of services offered to persons with disabilities.


    2.2. Methods of departure of candidates in case of equality
    Global notes affected


    In the event of an equal number of grades assigned to two or more candidates who may be selected, they will be departed as follows:


    SELECTION CRITES
    MODE DE NOTATION

    Operator's ability to provide the service described in 1° of Article L. 35-1

    Note on 200

    Tariff offer

    Note on 100

    Net cost of universal service

    Note on 100

    Quality of service

    Note on 100

    Total

    500


    The successful candidate will be the one who received the best global rating of 500.
    In the event of a new equality between two or more candidates, they will be departed by random draw.


    2.3. Denial of successful candidate


    In the event that a successful candidate after the selection process decides to waive the universal service delivery, the candidate who has obtained the best following rating, in the order of the established classification, will be selected.


    2.4. Unsuccessful applications


    In accordance with Article L. 35-2 of the Post and Electronic Communications Code, in the event that the call for applications is unsuccessful in a geographical area, the Minister responsible for electronic communications would appoint an operator who is able to provide the benefit in question in that geographic area.


    III. Third step: consultative procedure
    and designation by the Minister


    A specification of the duties and obligations of each selected operator will be developed.
    In accordance with the provisions of the Post and Electronic Communications Code, this Terms of Reference will be submitted for advice to the CSSPPCE and ARCEP. It may be subject to adjustments following this consultation.
    The operator(s) will be consulted on the draft terms of reference and, if necessary, on any modifications that may be made to the terms of reference after consultation with CSSPPCE and ARCEP.
    The operator(s) will then be appointed by order of the Minister responsible for electronic communications.
    The designation has a duration of three years from the effective date of the designation order.
    In the event of revision of the legislative and regulatory provisions relating to the universal service during the period of devolution referred to in the preceding paragraph, the obligations contained in the terms of reference of the designated operators may be amended in consultation with the designated operators or operators. In the event of substantial changes, a new call for applications may be launched.

  • Annex



    A N N E X E 1


    MINIMUM INDICATORS AND OBLIGATIONS FOR QUALITY OF SERVICE APPLICABLE TO THE FIRSTATION


    I. ∙ Definitions and modalities for calculating indicators
    measuring service quality


    (a) Delivery time for initial network connection.
    This indicator is assessed on the basis of 50%, 95% and 99% of the completed requests as soon as possible (first calculation in accordance with paragraph 5-1-3 of ETSI EG 202 057-1) and the percentage of customer engagement applications. If the percentage of requests delivered within the time limit is less than 80%, the average number of days for late requests than the customer engagement must be provided (second calculation in accordance with paragraph 5-1-3 (b) of the above standard). The first calculation excludes cases where the user requested a delivery date after the maximum period imposed on the provider. Both calculations are excluded where the user did not provide access to the installer at the scheduled date and time.
    Minimum obligation for the provider: not more than eight calendar days (based on 95% of the requests processed as soon as possible);
    (b) Breakdown rate per connection.
    The indicator is evaluated on the basis of the failure rate by connection corresponding to the number of outages on the service lines (excluding the "telephone service" benefit) reported to this number of lines (excluding the "telephone service" benefit) in accordance with paragraph 5-4-3 of ETSI EG 202 057-1.
    Minimum obligation for the service provider: not more than 0.075;
    (c) Time to repair a connection failure.
    The indicator is assessed on the basis of 80%, 85% and 95% of the connection failure reported by the fastest subscribers and recovery from and beyond the contract period (paragraph 5-5-3 of ETSI EG 202 057-1). Cases where the user does not provide access to the facilities within the provider's time limit to perform the intervention are excluded.
    Minimum requirement for the service provider: 85% of subscribers' inconveniences within the contractual period for the processing of a breakdown signage;
    (d) Response times to user claims.
    This indicator is assessed on the basis of 80 per cent and 95 per cent of the claims processed most quickly in accordance with paragraph 5-10-3 of ETSI EG 202 057-1 for the period in question.
    Minimum obligation for the provider:
    80% of claims processed within a maximum of 5 days;
    95% of claims processed within a maximum of 15 days;
    (e) Claims rate per user.
    This indicator corresponds to the number of complaints registered by user for the reporting period.
    Minimum provider obligation: less than 7%.


    II. ― Quality of complementary services
    of the Universal Service


    (a) Guarantee of recovery time: less than 10 working hours and optional to users, 4 hours 24 hours a day, 7 days a week;
    (b) Maximum service non-availability (annual) only applies to digital leased links: 20 hours with an option offered to users 13 business hours.


    III. ― Method of dissemination of results


    The operator shall communicate to the Minister for Electronic Communications and to the Electronic Communications and Post Regulatory Authority the quarterly and annual values of the indicators provided for in I of this annex.
    The results are both regional and national. In the case that the operator would be designated in a sub-regional geographic area, the indicators relate to the results observed in that area. Similarly, for a subnational geographic area comprising several regions, the obligations apply at the level of each region and for the entire area.
    For quarterly measures, the communication must intervene no later than the end of the month following the fallen quarter.
    For annual measurements, a year's performance communication shall not take place by March 31 of year n + 1.
    The operator shall provide a detailed quarterly statement, both at the national and regional levels, of the most extreme situations with respect to the delivery of the connections: this state, in particular, shows, for each region and for the entire territory, the number of connections made during more than 30 days after the application; this condition must be forwarded by the end of the month following the fallen quarter.
    At the request of the Minister for Electronic Communications or the Electronic Communications and Post Control Authority (hereinafter the ARCEP), the operator communicates:
    – the data used to calculate the indicators: the operator keeps these data for 15 slippery months;
    ― in the event of non-compliance with minimum obligations, or degradation of the results achieved, details of the causes of non-compliance or degradation and the measures decided to remedy them.
    In terms of the publication of the results, the definitions, the annual values of the national indicators and the methods of calculation used are published by the operator on its website, for a year n, by March 31 of the year n+1 with for each of the indicators the values of its minimum obligations.


    A N N E X E 2
    ROUND INFORMATION


    1° Main services offered under the universal service offer:
    The operator provides the applicable rates for subscriptions, connection fees, and optional services associated with access.
    2° Complementary services for universal service:
    The operator provides subscription rates and service rates for the offer of leased links.
    The operator provides a forecast of the changes in the rates concerned over the service's duration of devolution.


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.4 Mo)