Key Benefits:
The call for applications, subject to this notice, relates to the provision of "telephone service" of the fixed telephone component of the universal electronic communications service provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code.
This component concerns the provision to all, at an affordable price, of a telephone service offer to the public from and to the metropolis, Guadeloupe, Guyana, La Réunion, Martinique, Mayotte, Saint Barthélémy, Saint-Martin and Saint-Pierre and Miquelon, New Caledonia, French Polynesia, Wallis and Futuna islands and southern France.
At the end of this call for applications, the Minister responsible for electronic communications will appoint one or more operators to provide 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).
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 connection to the network allows the delivery of telephone communications, fax communications and data communications to sufficient rates to allow access to the Internet, from or to subscribe 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 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".
Article L. 35-3 of the same code states that a universal electronic communications service fund provides for the financing of the net costs of the obligations under Article L. 35-1 when these costs constitute an excessive charge for an operator who is responsible for it.
Section L. 35-2 of the Post and Electronic Communications 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, the Minister responsible for electronic communications may designate, for the components or components of the components described in 1° of the same section, 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 "telephone service" service. Operators who have applied to the first call for applications on the provision of the "connection" benefit may also apply to this call for applications, 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 "telephone service" service will be decided upon receipt of all applications (see part II below).
The minimum requirements are the obligations under the provisions of the Post and Electronic Communications Code ("ECSC") for 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 benefits 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 obligations related to the delivery of emergency calls that concern 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 "telephone service" service
In accordance with the provisions of article R. 20-30-1 of the Post and Electronic Communications Code, the operator provides to any person who makes the request a telephone service offer to the public from and to the metropolis, Guadeloupe, Guyana, La Réunion, Martinique, Mayotte, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon, of the Southern New Caledonia
The "telephone service" service corresponds to incoming and outgoing telephone communications. Its perimeter covers the routing and routing of calls and the maintenance of corresponding equipment.
In accordance with the provisions of section R. 20-30-1 of the Post and Electronic Communications Code, the operator also provides subscribers, upon request, with a detailed billing as well as the services listed below for selective prohibition of outgoing calls or textual messages or multi-media messages at higher rates or, where technically possible, other similar applications proposed as part of its telephone service offer:
- prohibition of international calls;
- prohibition of long distance calls;
– banning national calls to mobile devices;
- prohibition of calls to the numbers of the national numbering plan implementing mechanisms for the final recipient of the communication or partially paid by the latter;
– prohibition of text messages or media messages at higher rates or other similar applications.
The operator undertakes to ensure the availability of telephone service to the public 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
"Telephone Service" benefit
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. For deaf or hearing impaired people, the operator provides a message exchange service written from a fixed position (minimessages).
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, the net costs induced by these measures will be financed, if any, by the universal service fund under the conditions provided for in Article L. 35-3 of the same code.
2. Minimum obligations for persons
with low income
The operator sets up a tariff reduction device for persons with low income under the conditions defined in section R. 20-34 of the Post and Electronic Communications Code. 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 Authority for the regulation of electronic communications and posts (ARCEP) the quarterly, semi-annual and annual values of the above-mentioned service quality indicators.
Quality 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.
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 designated operator to provide the "telephone service" service provides an affordable and cost-oriented offer. The tariff should not reflect costs induced by the provider's willingness to provide services that would not fall under the universal service.
Any operator designated to take charge of the telephone service offer one or more reduced rates for communications to overseas departments, communities of Saint-Martin, Saint-Barthélemy and Saint-Pierre-et-Miquelon, and for communications to New Caledonia, French Polynesia, Wallis and Futuna and Southern and Low-Earth Lands.
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 telephone service delivery are controlled by the Electronic Communications and Post Control Authority (ARCEP) in the manner 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 on the geographical area of its designation an advanced voice telephone service offering that includes the following services: keyboard numbering or DTMF (Voice frequency signaling); identification of the call line; automatic referral of calls.
For each of the services of the universal service component provided for in 1° of Article L. 35-1 of the Post and Electronic Communications Code, the selection and designation procedure includes the following three steps:
Step one: constitution and filing of applications.
Step 2: Review of applications and selection of one or more operators to support the benefits described in the first part of this document.
Step 3: Consultation with 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 "telephone service" service must be written 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 fiscal years that may be usefully provided.
1.2. Geographical area of application
The candidate must indicate precisely in which geographic area he proposes to provide universal service benefits.
1.3. Method of supply
"Telephone Service" 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.
The candidate will describe the technical means provided or put in place to meet their commitments. The applicant will specify the means used to ensure the interface with the technical specifications described in the admissible applications for the provision of the "connection" service provided in Appendix 3.
It will also specify the measures it plans to take to ensure the permanence and availability of the service, and when relevant, the human means (number of persons, qualifications, organization, location...) and techniques it plans to implement to ensure the technical and commercial deployment and operation of the service.
It will also specify how it intends to implement to ensure good technical and operational coordination with the operator(s) responsible for providing the "connection" service.
(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 "telephone service" service 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. It will indicate the services it plans to propose to allow users to control the costs of telephone communications.
Finally, all candidates will specify what 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 described allows to assess the operator's application, but does not prejudge the results of the control carried out by ARCEP under sections L. 35-2 and R. 20-30-11 of the same code.
(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 applicant will specify its service quality commitments and the means it intends to implement to achieve this.
(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 standard contracts that he plans to go with his clients and indicate how, if any, 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.
It will describe how it plans to meet consumer information obligations in billing, reporting values resulting from 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.
In the event of mailing 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 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 the 1st of Article L. 35-1 of the Post and Electronic Communications Code will result from two calls for applications launched successively, the first concerning the "connection" benefit and the second on the "telephone 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.
The first call for applications was launched on March 3, 2012. Only one nomination was received, that of France Télécom Orange. This application, covering the entire national territory, having been deemed admissible, covers the second "telephone service" benefit of the universal electronic communications service component of the 1st of Article L. 35-1 of the Post and Electronic Communications Code.
As part of this second call for applications:
– operators who have not nominated for the first call for applications may be nominated;
― operators who have applied to the provision of the "connection" benefit may also file an offer for the provision of the "phone service" benefit;
– 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
"Telephone Service" benefit
As part of the launch of this second call for applications, the technical and tariff specifications of the networks of candidates whose candidature has been deemed admissible in the context of the first call for applications are made public in order to allow candidates for the provision of the "telephone service" to form their application under the conditions set out in 1 above.
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 can reduce the cost of universal service for delivery;
– 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. All things are equal, the smaller the number of non-profit areas. 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.
The geographic division of the service rendered will result from arbitration between all these elements of appreciation.
When the choices described above are stopped, each candidate operator will be informed of these choices by explanatory mail. 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, however, the operator can make a new offer 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.
1.2. Selection of candidates
With regard to all bids received, a new examination of 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 transparency of the selection process, candidates will be selected on the basis of criteria defined in this notice of applications.
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:
| (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 of the candidate's offer, guarantees in terms of permanence and availability of the telephony offer and the sufficiency of the means implemented.
(b) Tariff offer:
The rate will be reviewed. It will be taken into account the tariff offer 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 will 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 set-off commitments in the event of non-compliance.
(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) or of the measures envisaged to guarantee the permanence and availability of the service in
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:
| 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 |
2.3. Denial of successful candidate
In the event that a successful candidate after the selection process decides to waive the provision of universal service benefits, the candidate who has obtained the best rating in the order of the established classification will be chosen.
2.4. Unsuccessful applications
In accordance with section L. 35-2 of the Post and Electronic Communications Code, in the event that a call or call for applications is unsuccessful in a selected geographic area, the Minister for Electronic Communications will, on his or her own, designate an operator capable of providing 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, new applications may be launched.
A N N E X E S
A N N E X E 1
MINIMUM ASSESSMENT INDICATORS AND OBLIGATIONS APPLICABLE TO THE FIRSTATION "TePHONICAL SERVICE"
I. ∙ Definitions and modalities for calculating indicators
measuring service quality
(a) Telephone service delivery time:
This indicator is assessed on the basis of 50%, 95% and 99% of the completed requests as soon as possible (first calculation in the spirit of 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 relative to the customer engagement must be provided (second calculation in the spirit of paragraph 5-1-3 of the above-mentioned 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 provider obligation: not more than eight calendar days (based on 95% of the requests processed as soon as possible).
(b) Telephone service failure rate:
The indicator is assessed on the basis of the telephone service failure rate corresponding to the number of outages on the operating lines (excluding "connection") reported to this number of lines (excluding "connection"), in the spirit of paragraph 5-4-3 of ETSI EG 202 057-1.
Minimum obligation for service provider: not more than 0.075
(c) Call failure rate:
The indicator is defined as the technical inefficiency rate of the network for national start calls, on the one hand, and for international calls, on the other hand (according to paragraph 5-1-3 of ETSI EG 202 057-2).
Minimum obligation for the provider: not more than 0.7 per cent for national calls.
(d) Duration of communication:
The indicator corresponds to the average time interval between the time when the numbering information required for the delivery of the call is received by the network and the time the subscriber receives the ringing tone or the occupancy signal (according to paragraph 5-2-3 of ETSI EG 202 057-2).
Minimum provider obligation: not more than 2.9 seconds for national calls.
(e) User claims response times:
This indicator is assessed on the basis of 80 per cent and 95 per cent of the fastest processed claims in accordance with paragraph 5-10-3 of ETSI EG 202 057-1.
Minimum provider obligation:
80% of claims processed within a maximum of five days;
95% of the claims processed within a maximum period of fifteen days.
(f) Claims by user:
This indicator corresponds to the number of complaints registered by user for the reporting period.
Minimum provider obligation: less than 7%.
II. ― Modalities for the dissemination of indicators
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, with the exception of the indicators provided for in c and d whose values are semi-annual and annual.
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 and semi-annual measures, the communication must intervene no later than the end of the month following the quarter or semester.
For annual measurements, a year's performance communication shall not take place by March 31 of year n + 1.
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 fifteen 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, communications, and optional services associated with telephone service to the public.
Based on the rates for communications, the operator provides an average cost of communications for the universal service by type of communication by matching this information with all parameters to calculate this average price: distribution of calls per duration, distribution of calls by time ranges, average length of communications by time ranges.
The operator distinguishes the following communications: communications from fixed stations to mobile terminals, communications between the metropolis and overseas communities, international communications by zone, communications to non-geographical numbers.
2° Complementary services for universal service:
The operator provides subscription rates to advanced voice telephone services.
The operator provides a forecast of the changes in the rates concerned over the service's duration of devolution.
A N N E X E 3
TECHNICAL SPECIFICATIONS DECRITED IN RECEIVED CANDIDATURE FOR THE FOURNITURE OF THE FIRSTATION "RACCORDING TO THE SEA"
I. ― copper connection interface proposed by France Télécom Orange in its offer for the provision of the "connection to the network" service
1. Description of the offer
To ensure the interface between "connection" and "telephone service" services on copper connections, France Télécom Orange agrees to offer to or to the designated operators on the "phone service" lot an offer allowing:
― to issue and receive telephone calls on remote analogue access telephones. This telephone access is made on a copper support of the local loop of France Télécom Orange. This telephone access has been delivered to the final customer by France Télécom Orange as part of the "phone connection" lot;
∙ provide the operator in charge of the "telephone service" lot of basic telephone services attached to the access delivered in the "connection" lot, services defined below. They may be subscribed by the final customer to the operator in charge of the "phone service" lot;
– the geographic scope of this offer (consolidating access-related telephone services and communications issued and received) includes the metropolis, overseas departments and overseas territorial authorities of Saint Martin and Saint Barthélemy;
― its perimeter covers the routing and routing of calls and the maintenance of the corresponding equipment.
This proposed interface offer to or to the operators in charge of the "telephone service" lot is composed and is based on the existing wholesale basic bricks, known and marketed to date with alternative operators.
This set interface offer, entitled ERA (Emission, Reception of Calls), will be available to the operator(s) designated in charge of the "phone service" lot of the universal service.
This offer to operators does not fall within the provisions of Article R-20-30-11 of the Post and Electronic Communications Code.
The ERA offer includes:
– the existing "pre-selection" service that allows the final customer to issue telephone communications as soon as the latter has contracted with the operator in charge of the "telephone service" lot a retail offer offered by the latter;
– the functionality of receiving calls on access to the final client;
– services attached to telephone access and which may be offered by the operator in charge of the "telephone service" lot to its final customer (detailed services in Appendix 2, page 80).
In order to be able to benefit from the ERA offer, the operator in charge of the "telephone service" lot must first subscribe to the convention of interconnection of France Télécom Orange, under usual conditions, signed by all the operators interconnected with France Télécom Orange for fixed telephony.
This offer of interface based on existing basic services of the Interconnection Agreement of France Télécom such as pre-selection, certain types of traffic from the access of the final customer are subject to special treatment under this offer. These are the following types of traffic:
– communications to the SVA numbers of France Télécom and third-party operators;
― the various acts (use of the Appellate Memorandum and call transfer, telephone telegram, national PCV...) carried out by the final client;
– communications to radio services;
― various one-off benefits (including W-HA purchase).
The delivery of these communications, issued by the operator's final customers who have subscribed the ERA offer, is carried out in the same way as the delivery of this type of communications from France Télécom Orange customers to these numbers.
The commercial operator having subscribed the ERA offer market these different types of traffics. As such he invoices, cashes and recovers these communications from his customers and remits to France Télécom Orange the amounts charged. In return for these transactions, France Télécom Orange pays to the commercial operator a remuneration corresponding to a percentage of the amounts so charged.
France Télécom provides daily to the operator who has subscribed the ERA offer the billing elements relating to the calls of its customers who do not fall within the pre-selection so that it can charge them.
2. Commanding process
In the event that the application of France Télécom Orange would be selected for the "connection" lot and that that of another operator would be retained for the "service" lot, the operator of the "phone service" lot will have to, in order to benefit from this ERA offer, pass a purchase order attached to this offer.
This order will be processed by the France Télécom Orange (Divop) operator division via a single window already used by third party operators interconnected with France Télécom Orange. The ordering process for this offer will be identical to other existing wholesale offers, known to alternative operators.
Once the order is received, accepted and processed by France Télécom Orange and unless otherwise requested by the operator marketing the "phone service" lot, the services will be available within 8 calendar days from the acceptance of the order received by France Télécom Orange.
3. After-sales service (VAS)
The SAV process of the ERA offer will be identical to the one that is being implemented for other existing wholesale offers, known to alternative operators.
The commercial operator of the "telephone service" lot having subscribed to the wholesale ERA offer will be the only interlocutor of France Télécom for the operations and relations of the SAV related to this offer.
This VAS will be based, for the part of the services associated with access, on the availability of a single window that will deal with signals of incidents transmitted by the operator who has subscribed this offer, signals entered through an extranet service.
For the telephone traffic part associated with access, upon receipt of the access activation report, the operator of the "telephone service" lot will address in the event of a problem at a signal reception desk, indicated at the time of signing of the ERA contract.
If the defects or incidents found relate to the connection then the final customer must contact the operator of the "connection" lot.
4. Treatment of restricted service
In case of non-payment of an invoice under the "connection" lot subscription contract, France Télécom Orange reserves the right to activate a restricted service on the connection. France Télécom Orange will immediately notify the operator in charge of the "service" lot the switching of the line in restricted service.
In the event of non-payment of an invoice under the contract linking the customer and the operator providing the "telephone service" lot, France Télécom Orange may be required to establish a minimum limited service at the request of the customer.
The minimum restricted service consists of:
– to be able to receive all calls;
– to be able to issue only free calls (including all emergency numbers).
5. Interface rates
All of the rates described below (i.e. the traffic rate at the departure of the access and the rate of receipt of calls) are charged according to a monthly payment.
5.1. Traffic price from access
The traffic at the departure of the access is charged by France Télécom Orange to the operator in charge of the lot "phone service".
The tariff applicable to commutated traffic on the network of France Télécom Orange consists of:
―a fixed part, proportional to the number of connection (digital primary block) controlled by the operator;
― another part, variable, proportional to the number of minutes of outgoing communication.
The fixed part added to the variable part is the call start charged to the third party operator.
In addition, the pricing includes, for the delivery of this call departure (or also called the pre-selection) a tariff at the operator's first request in case that the operator would not be declared to France Télécom as a pre-selection operator.
The tariffs for call departure and for the applicable pre-selection are those set out in France Télécom Orange's "existing and access offer (fixed telephone)" and more specifically in the tariff sheet entitled "selection of the carrier-preselection" which can be consulted on France Télécom Orange's website:
http://www.orange.com/en/reseaux/documentation/documentation
The rates for the start of appeal and the implementation of the pre-selection will evolve during each update of France Télécom Orange's "interconnection and access offer" reference offer.
You can consult the table in the
JOn° 122 of 29/05/2013 text number 154
5.2. Call reception rates
The rate of receipt of calls is charged by France Télécom Orange to the operator in charge of the "phone service" lot.
The rate charged to the operator in charge of the "phone service" lot includes:
You can consult the table in the
JOn° 122 of 29/05/2013 text number 154
The rate of receipt of calls will be updated once a year, as of January 1st, in particular based on the evolution of the index of non-smoking prices published by INSEE.
II. ― Interface on Fibre Connection proposed by France Télécom Orange in its offer for the provision of the "connection to the network" service
France Télécom Orange wishes to clarify here the conditions under which it intends to use fiber optic connections as well as the means to ensure technical and operational coordination with the operator(s) responsible for providing the "phone service" service.
In the event that the application by France Télécom Orange would be selected for the "connection" lot and that that of another operator would be retained for the "service" lot, France Télécom Orange will only propose to the end customer its fibre-based connection offer if the following conditions are met:
– it is not more expensive for France Télécom Orange to build the fiber connection than copper. The net cost of universal service will therefore not be affected by the presence of fibre-based connections;
― the fibre customer connection is in accordance with the regulations governing FTTH deployments. In particular, there is a reasonably located and accessible point of mutualization (PM) under technical and economic conditions that comply with the FTTH regulatory framework;
―the operator in charge of the "phone service" lot of the universal service can come to the mutualization point, under reasonable technical and economic conditions, namely:
– an access rate to the pooling point less than or equal to €60 (any number of clients downstream of the PM served by the operator in charge of the "service" lot);
– a rate per customer served downstream of the PM below or equal to €100.
France Télécom Orange will respect a six-month notice period with respect to the operator in charge of the service lot to inform it of the areas in which the universal service connections will be likely to be made of optical fibre.
France Télécom Orange will give the identifier of the line ( label on the PTO) to the final customer who can tell the operator in charge of the "service" lot.
France Télécom Orange expects that the number of fibre-based connections will represent less than 5% of the total universal service connections over the period of devolution.
