Key Benefits:
The Electronic Communications and Postal Regulatory Authority,
Vu Directive 2002 /22/EC of the European Parliament and of the Council of 7 March 2002 on the universal service and the rights of users of electronic communications networks and services (Directive) Universal service "), as amended by Directive 2009 /136/EC of 25 November 2009;
In view of the electronic communications and postal code (hereinafter ' CPCE "), in particular Articles L. 35-1, L. 35-3, L. 36-5, R. 20-30-1 and R. 20-34;
In view of the request for advice from the Ministry responsible for SMEs, innovation and the digital economy received on 20 March 2013;
After having deliberated on 16 April 2013,
Formula the following notice:The
has been seized for the opinion, pursuant to Article L. 36-5 of the CPCE, of a draft decree amending the code of posts and Electronic communications and the telephone tariff reduction for certain categories of persons under the universal electronic communications service.
Within the third " Telecom package ", the directive Universal service " Above has imposed the splitting of the first component of the universal service into two sub-components relating, on the one hand, to the connection to a fixed telephone network and, on the other, to the fixed telephone service. The Decree n ° 2012-436 of 30 March 2012 transposing the new European regulatory framework for electronic communications has therefore provided for the possibility of Entrust to separate operators different elements of the universal service component relating to " Connection to a fixed network open to the public and a quality telephone service at an affordable price " (component referred to in Article L. 35-1 of the ECCC). The appointment procedure launched in this framework by the Minister responsible for electronic communications on 3 March 2013 thus distinguishes between the connection and the telephone service.
Today, Certain natural persons may, under conditions of resources, benefit from a tariff reduction on their subscription to telephone service. The provisions submitted for an opinion to the Authority extend the principle of this tariff reduction to the bridging benefit.
The Authority therefore welcomes the proposed amendment.
The Authority wishes, by Draw the attention of the Government to other provisions of the CPCE relating to the universal service, which may need to be amended in the near future.
With a view to the deadline of 24 February 2014, Designation of France Télécom as the operator responsible for providing the Component " Phonie " Of the universal service, it would be useful to undertake shortly a reflection on the scope of the obligations laid down in Article R. 20-30-3 of the CPCE relating to the coverage of the territory by the publications. Indeed, significant investments will have to be made in the coming years to maintain existing equipment in operational conditions, while an increasing share of these publications is no longer being used By the public.
Finally, the Authority wishes to propose an amendment to Article R. 20-35 of the CPCE, which deals with the calculation of costs relating to the component " Phonie " Universal service. Indeed, Article R. 20-35 of the CPCE provides that, where the number of cabins installed on the public domain in a municipality exceeds the number of cabins resulting from universal service obligations, no compensation shall be due to The operator. It is proposed to delete this provision, which will only partially compensate for the costs actually incurred by the operator responsible for this component of the universal service. This change is particularly necessary in view of the possible easing of the coverage of the territory by the public authorities, particularly in view of the difficulties associated with the dismantling of the cabins. It would result in an increase in the compensation paid to France Télécom under this component of the universal service of approximately € 0.5 million, to the burden of all operators contributing to the universal service fund (i.e. An increase of approximately 2 % reported at the estimated 2011 net cost of universal service obligations).
A drafting proposal is appended to this opinion.
In conclusion, the Authority shall deliver a favourable opinion to the project Submitted.
Done at Paris, 16 April 2013.
A N N E X E
ADDITIONAL AMENDMENT TO CPCE
The first paragraph of Article R. 20-35 is replaced by the following paragraph:
" Where the obligations relating to the publication referred to in Article R. 20-30-3 are met, the net cost of the obligation to provide service to the territory in telephone booths installed in the public domain or in other access points to the Telephone service to the public is assessed for each municipality in the territory by the difference between, on the one hand, the costs incurred by the operator for installation and maintenance corresponding to the cabins or other access points to the service Telephone to the public installed in this municipality within the limit of the number of Cabins or other access points to the public telephone service as a result of the minimum universal service obligations and for the traffic emitted and received by all cabins or other points of access to the telephone service to the public and, On the other hand, revenue generated directly and indirectly by all cabins or other access points to the telephone service to the public. When these revenues exceed the costs, no compensation is payable. "
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The proposed changes are listed below as a revision.
When the publication requirements under R. 20-30-3 are met, the net cost of the obligation to provide the Serving the territory in telephone booths installed in the public domain or in other points of access to the telephone service to the public is assessed for each municipality in the territory by the difference between, on the one hand, the costs incurred by Operator for the installation and maintenance of its cabins or other points Access to the telephone service to the public installed in this municipality within the limit of the number of cabins or other points of access to the telephone service to the public as a result of the minimum universal service obligations and for the traffic emitted And received by all the cabins or other points of access to the telephone service to the public and, on the other hand, the revenue generated directly and indirectly by these cabins or other access points to the telephone service at the Public. Where such revenue is higher than the cost, or where the number of cabins installed on the public domain or other points of access to the telephone service to the public in the municipality is greater than the number of cabins or other access points to the Telephone service to the public as a result of the universal service obligations no compensation is due.
The President,
J.-L. Silicani
