Key Benefits:
Electronic Communications and Postal Regulatory Authority,
Seen directive N ° 2002 /21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for Electronic communications networks and services (directive " Framework ") Amended, in particular Article 5;
In view of the electronic communications and postal code (hereinafter ' CPCE "), in particular Articles L. 32-1, L. 32-4, L. 33-1, L. 34-8, L. 37-1, L. 135, D. 98-3, D. 98-11 and D. 295;
Seen under Act No. 51-711 of 7 June 1951 on the obligation, the Statistics coordination and secrecy, including article 7 bis;
After deliberating on March 25, 2014,
I. -The applicable legal framework
1. Request for information under Article L. 32-4 of the CPCE
In accordance with the provisions of Article L. 32-4 of the CPCE, the Authority may, " In a manner proportionate to the needs related to the performance of [its] missions, and on the basis of a reasoned decision:
1 ° Collecting with natural or legal persons operating electronic communications networks or providing electronic communications services the information or documents necessary to ensure compliance with these Persons of the principles defined in Articles L. 32-1 and L. 32-3, as well as obligations imposed on them by this Code or by the texts adopted for its application; [...] ".
The II of Article L. 32-1 of the CPCE provides that:
" Within the framework of their respective responsibilities, the Minister responsible for electronic communications and the Electronic Communications and Communications Regulatory Authority shall, under objective and transparent conditions, take measures Reasonable and proportionate to the objectives pursued and ensure:
[...]
2 ° A the exercise for the benefit of users of effective and fair competition between network operators and providers of communications services Electronic. As such, they ensure the exercise of competition in the transmission of content and, where appropriate, the promotion of infrastructure-based competition;
3 ° Development of employment, investment Effective, in particular in improved and new generation infrastructures, innovation and competitiveness in the electronic communications sector;
3 ° bis To take account, when setting out access obligations, The risk assumed by companies that invest and authorize Arrangements for cooperation between investors and persons seeking access, in order to diversify the risk of investment in the respect of competition in the market and the principle of non-discrimination;
3 ° To take account of Diversity of situations in competition and consumption in the different geographical areas of the national territory; [...]
4 ° Definition of conditions for access to and interconnection of networks open to the public Ensuring the ability of all users to communicate Free and equal conditions of competition; [...]
12 ° A high level of consumer protection, thanks in particular to the provision of clear information, in particular through the transparency of tariffs and conditions of use Electronic communications services accessible to the public; [...]
15 ° To promote the ability of end-users to access and disseminate information and to access the applications and services of their choice; [...] "
2. Request for information under Article L. 34-8 of the CPCE
Article L. 34-8 of the CPCE has:
" I.-Interconnection or access shall be the subject of a private law agreement between the parties concerned. This Convention shall determine, in accordance with the provisions of this Code and the decisions taken for its application, the technical and financial conditions for interconnection or access. It shall be communicated to the Regulatory Authority for Electronic Communications and Postal Services at its request. "
3. Request for information under Article L. 135 of the CPCE
Under Article L. 135 of the CPCE, the Authority may " Collect the data and carry out all information actions on the electronic communications sector and the postal sector. For this purpose, [...] operators who have made the declaration provided for in Article L. 33-1 shall be obliged to provide it with statistical information concerning the use, coverage area and terms and conditions of access to their service. "
4. Request for information under Articles L. 33-1 and L. 37-1 of the CPCE
Article L. 33-1 of the CPCE provides that:
" The establishment and operation of networks open to the public and the provision to the public of electronic communications services shall be subject to compliance with rules relating to: [...]
The obligations imposed on the operator to enable it to be controlled by the Electronic Communications and Postal Regulatory Authority and those necessary for the application of Article L. 37-1
. 37-1 gives the Authority jurisdiction to define the relevant electronic communications markets and to draw up a list of operators deemed to have a significant influence on each of these markets.
Article D. 98-11 of the CPCE Pursuant to Article L. 33-1 of the same Code specifies the rules Relating to the requirements for the provision of information to the operator to enable it to be controlled by the Electronic Communications Regulatory Authority and the posts and those necessary for the application of Article L. 37-1.
Section D. 98-11 of the CPCE:
" The operator shall provide the Regulatory Authority for electronic communications and posts with figures relating to the operation of its network and the provision of services in the financial, commercial and technical fields, Under the conditions specified below.
1. According to a periodicity defined by the Regulatory Authority for Electronic Communications and Posts or at its request, the operator shall provide it with the necessary information: [...]
(d) To conduct the analysis of the contracts provided for in the Article L. 37-1, which includes, in addition to those which are the subject of a reasoned request:
-the description of all services offered;
-general offer rates and conditions;
-traffic statistics data;
-sales data;
-customer park data;
-the Growth forecasts for its activity;
-network deployment information;
-relevant accounting and financial information. [...]
2. At the request of the Electronic Communications and Postal Regulatory Authority or, for the information referred to in b, where appropriate, according to a periodicity which it defines, the operator shall communicate to the Authority the necessary information :
[...] (b) To the allocation and control of compliance with the terms and conditions of use of the resources in frequency and numbering, and which include:
-the information necessary to verify the nature and technical characteristics of the equipment, networks and services used, their conditions of permanence, quality and availability, as well as their deployment schedule and Coverage area;
-the technical information needed to verify the efficient use of the spectrum;
-information on the technical conditions implemented to avoid harmful interference and limit exposure From the public to electromagnetic fields;
-information Necessary to verify compliance with the national rules on the use of frequencies and numbers and international commitments in these two areas; [...] "
In accordance with Article D. 98-3 of the CPCE, the Article D. 98-11 shall apply " Operators of networks open to the public and to providers of electronic communications services to the public ".
Thus, on the basis of Articles L. 33-1, D. 98-11 and L. 37-1 of the CPCE, the Authority may, in particular, collect the Technical, commercial and financial information necessary for the conduct of market analyses.
All of the above provisions allow operators to communicate data or information, without them being able to do so. Derogate from business secrecy.
II. -Purpose of this decision
1. Introductory remarks on the scope of this decision
This decision:
-succeeds the decisions of the ARCEP:
-n ° 2013-0277 of 26 February 2013 on the establishment of annual and quarterly surveys in the field of electronic communications;
-n ° 2013-0279 of 26 February 2013 on the implementation of a questionnaire aimed at Collection of information necessary for the application ofarticle L. 37-1 of the postal code and electronic communications ;
-and repeals ARCEP decisions:
-n ° 2012-0215 of 14 February 2012 on the questionnaire for the collection of information necessary for the monitoring of mobile markets;
-n ° 2012-1504 of 27 November 2012 on the implementation of a questionnaire for collection Information necessary to follow up the retail markets of fixed broadband and fixed broadband;
-n ° 2013-0064 of 29 January 2013 on the establishment of a quarterly statistical survey for the monitoring of investments by the Electronic communications operators and deployments of mobile network operators
It consolidates the information within the scope of the above decisions in a single decision.
Annex A to this Decision corresponds to the scope of the former Decision No. 2013-0277 above.
Annex B to this Decision corresponds to the former Decision No. 2012-0215 above.
Annex C to this Decision corresponds to the former Decision No. 2012-1504 referred to above.
Annex D to this Decision corresponds to the scope of the previous decision N ° 2013-0064 referred to above.
Annex E to this Decision corresponds to the former Decision No. 2013-0279 above.
It is specified below for each Annex A, B, C, D and E, the persons concerned and The nature and intended use of the information collected.
2. Objectives pursued by the Authority
By implementing this decision, the Authority's objective is to:
-to provide information to all stakeholders in the sector, including consumers, through the publication of aggregate indicators on the main segments of the market for electronic communications and the evolution of service prices ;
-to have information about the competitive operation of retail and wholesale markets in electronic communications services;
-to have more detailed information, and at a regular rate, on the Operator investment;
-provide relevant elements for The evaluation of public policies and, in particular, the actions of the Authority in implementing the current regulatory framework;
-to assess the impact of its decisions on the market as a whole.
3. Purpose of Annex A " Statistical surveys and monitoring of fixed and mobile markets
for use by electronic communications operators "
a) Persons subject to Annex A
The persons referred to in Annex A of this Decision Operating a network of electronic communications open to the public or providing the public with an electronic communications service.
b) Nature of the data collected
i) Statistical monitoring of the communications market Electronic:
The information requested in the statistical monitoring of the electronic communications market and formalised by the questionnaires in Annexes A. 1 to A. 4 covers all electronic communications activities of persons Submitted to Annex A, whether they are directly marketed to users or through a third party.
This statistical information is broken down by type of user (general public/business) and Include gross revenue, volume of traffic, and number Subscribers to the various services offered, the value and volume of electronic communications services, and the employment and investment data.
The frequency of collection is quarterly for Appendix A. 2 And annual for Annexes A. 1, A. 3 and A. 4.
ii) Monitoring of fixed and mobile services prices:
In addition, the Authority has initiated work on the monitoring of prices for fixed services and mobile services as set out in Annexes A. 5 and A. 6 of This Decision. This data, which covers only the first half of the year, is collected annually.
The information requested in the context of the collection for the monitoring of the prices of mobile services relates in particular to the structure of the clientele And associated average monthly consumption (voice communications, number of SMS emitted, volume of data consumed).
The information requested in the collection for the tracking of fixed service prices is the number Subscriptions and average monthly consumption (voice communications To national and international fixed destinations and to national and international mobiles) broken down according to the structure of the offers proposed by the operators. Indicators relating to the pricing practices of certain components (international communications, inclusion in the offering of mobile services) are also requested.
iii) Main changes to the annexes:
The main developments in relation to the decision of the ARCEP n ° 2013-0277 of 26 February 2013 address the following points:
-remove telematics services and electronic directory flags;
-add metrics for high and very high speed subscriptions to VDSL 2;
-add metrics to track minutes Ending on the fixed network (mobile, respectively) and originating the mobile network (fixed) of an integrated operator;
-simplification of level 2 capacity services indicators;
-deletion of indicators Relative to the hourly charge and SMS charge curves for the Questionnaire on price monitoring in the mobile market.
c) Use of data
Data on Annex A to this Decision shall be communicated to the Authority in a predominantly Statistics. However, they may also be used in the context of more general market analysis work and to analyse the state and foreseeable development of competition, in accordance with Article L. 37-1 of the CPCE
Data exchange between INSEE and the ARCEP specifically provides for the transmission of data from Annex A on price monitoring at INSEE (Convention 2011 079NF).
4. Purpose of Annex B " Advanced surveys for mobile operators "
a) Persons subject to Annex B
The persons operating a mobile electronic communications network open to the public are set out in Annex B to this Decision Or providing the public with a mobile electronic communications service.
b) Nature of the data collected
Annex B, on a quarterly frequency, collects information about the operation Competitive mobile markets. The data required shall include:
-the size of the retail mobile market (number of customers, including at a departmental level for overseas) as well as its evolution, for example in terms of gross sales and migration;
-the fluidity of the retail mobile market, With the number of retained numbers, the terminations and the number of customers under commitment or free of commitment, the distribution of customers according to the duration of the commitment;
-the volume of activity (turnover, traffic volumes, etc.) of the Mobile retail market;
-description of all mobile services Offered on the retail market as well as their tariffs, in the form, for example, of the offer catalogue of the operator;
-changes in the agreements in the wholesale market for access and the departure of mobile calls, with the communication of contracts Access with virtual mobile operators (MVNO and full-MVNO), their endorsements and their implementation documents;
-the development of the wholesale market for mobile access and departure, in terms of volume of activity (business numbers, traffic volumes, etc.).
The field of information requested On the mobile retail market takes account of the specificities of the territories in question and the nature of the players (network operator or virtual mobile operator).
The information requested on the retail mobile market concerns Different customer segments, including business customers and, within the general public, pre-paid and post-paid customers.
The data set is specified in sections B. 1, B. 2, and B. 3 of this decision.
c) Data Usage
Data on Appendix B of the This decision will mainly be used in the context of the broader market analysis work and to analyse the state and the foreseeable development of competition in mobile markets, in accordance with Article L. 37-1 of the ECCC. They can also be used for statistics development.
5. Purpose of Annex C " Advanced operations to
for high and very high fixed rate operators "
a) Persons subject to Annex C
C to this Decision persons operating a network of electronic communications open to the public at high or very high speed fixed or providing the public with a service Electronic communications at high or very high fixed rate.
As a measure of proportionality, only operators who, directly or through the groups holding the control, understand, are required to reply to the questionnaire Fixed broadband and very high fixed rate retail markets, a Number of active subscriptions greater than 50 000.
Is considered an active subscription any subscription subscribed by a customer on an activated line, that is, a line on which the customer can access the service.
b) Nature of the Data collected
The deployment of broadband and its adoption by consumers is the subject of particular attention. By setting up aggregate indicators, the Authority wishes to respond to the strong demand for information on this sector. On the other hand, developments in the broadband market justify quarterly monitoring.
The Authority also wishes to have the proposed segmentation of the offers on the retail markets by flow and by service, as follows: Requests addressed to it by the European Commission through the semi-annual questionnaire which it sends to the Member States via the Communications Committee (COCOM).
The collection of information is formalised in Annex C of the This decision, which shall be completed quarterly by the operators
information requested in Annex C shall relate to indicators " Physical " And do not require significant reprocessing by operators. These include the number of recruitments and terminations of the quarter and the number of subscribers to the various electronic communications services offered by an operator, whether they are the subject of direct marketing To users or through a third party.
c) Use of the data
Data relating to Annex C of this Decision shall be communicated to the Authority in a predominantly Statistics. However, they may also be used in the context of more general market analysis work and to analyse the state and foreseeable development of competition, in accordance with Article L. 37-1 of the CPCE.
6. Purpose of Annex D " Tracking of investments by major operators operating
a fixed or mobile electronic communications network "
(a) Persons subject to Annex D
The persons operating a mobile electronic communications network open to the public and licensees for the use of frequencies are subject to Annex D to this Decision As well as to persons operating a fixed network of electronic communications open to the public.
By measure of proportionality, the questionnaire must be answered by operators who, in the retail market in France, have a Number of clients greater than 1 000 000.
b) Nature of data Collected
The Authority has for several years been collecting the annual amounts of investment by network operators open to the public as part of the monitoring of regulatory accounts and in the context of publications The Observatory of the Electronic Communications Market.
It also closely monitors the evolution of mobile coverage and, in particular, verifies compliance with the coverage requirements for each deadline set out in the Authorisations for the use of frequencies.
The Authority wished to strengthen this monitoring in 2013, with more detailed information, and at a regular rate, on operators' investments.
It is in this context that the Authority has set up a detailed quarterly collection of investment amounts, developed In consultation with the operators concerned.
As an extension of the decision of the Authority n ° 2013-0064 of 29 January 2013, which it repeals, the purpose of this Decision is to collect, on a quarterly basis, information on Business investment, formalised by the notice and the Table of Annex D to this decision.
This statistical information is broken down by type of investment and by nature of investment.
c) Use of data
Appendix D data Of this Decision shall be communicated to the Authority in a primarily statistical purpose. They may also be used in the context of monitoring compliance with the terms and conditions of use of the frequencies, in accordance with the b of 2 of Article D. 98-11 of the CPCE.
7. Purpose of Annex E " Additional surveys for
market analyses for electronic communications operators "
(a) Persons subject to Annex E
Persons operating an electronic communications network open to the public or providing the public with a communications service are set out in Annex E to this Decision
Operators whose turnover related to these activities is zero for the year 2013 are not required to submit a response to the Authority.
b) Nature of the collected data
The information requested from Annex E refers to the activity of electronic communications operators,
This information is intended for and monitoring and measuring developments in the electronic communications markets.
The questionnaire which will be sent in 2014 covers the year 2013. However, the information is also requested for the year 2012, with a view to reliability of the annual developments calculated and analysed by the Authority as part of the previous collection.
The number of indicators collected by the Authority at Annex E to this Decision has been reduced in relation to the decision of the ARCEP n ° 2013-0279 of 26 February 2013 in order to take into account certain evolutions of the various markets.
c) Use of data
The data relating to Annex E to this Decision shall be Principally used in the framework of the broader market analysis work and to analyse the state and foreseeable development of electronic communications competition, in accordance with Article L. 37-1 of the CPCE.
8. On the processing of all collected data
The information collected, as part of this Decision, will be reprocessed and disseminated within the Authority.
The Authority will develop Aggregated indicators relating to markets or segments of information considered. The questionnaires in the annexes are designed to allow the construction of these aggregated indicators.
Some sections of the questionnaires may be published by the Authority, subject to the confidentiality of cases, in accordance with the provisions of the In
, the data collected may be transmitted to the Institut national de la statistique et des études économiques (INSEE), the European Commission and the competent authorities of the other Member States. The European Union, in accordance with provisions of article 7 bis of the aforementioned law n ° 51-711 of 7 June 1951 and of the I of article D.
of the CPCE. :
Statistical surveys and monitoring of fixed and mobile markets for electronic communications operators:
People operating an electronic communications network that is open to the public or providing a service to the public Electronic communications shall transmit to the Electronic Communications and Postal Regulatory Authority the information requested in accordance with Annex A to this Decision.
Information referred to in Annex A. 1 to this Decision, covering the year 2013, shall be communicated to the Regulatory Authority for Electronic Communications and Postal Services no later than 5 June 2014
Annex A. 2 to this Decision on the 2014 quarterly survey shall be communicated to the Electronic Communications and Postal Regulatory Authority at the latest:
-May 12, 2014 for the first quarter of 2014;
-August 11, 2014 for the second quarter of 2014;
-November 12, 2014 for the third quarter of 2014;
-February 11, 2015, for the fourth quarter of 2014.
Information referred to in Annexes A. 3 and A. 4 of this Decision concerning the year 2014 shall be communicated to the Regulatory Authority for Electronic Communications and Postal Services no later than 11 February 2015
In accordance with Annexes A. 5 and A. 6 of this Decision, relating to the first half of 2014, Are communicated to the Regulatory Authority for Electronic Communications and Postal Services no later than 15 September 2014.
Device agents " Statistical observatories and market monitoring " Are the only ones entitled to receive and process the individual information collected under Annexes A. 5 and A. 6 of this Decision.
Advanced surveys for mobile operators:
People operating a mobile network of electronic communications open to the public or providing the public with a mobile service Electronic communications shall transmit the information requested in accordance with Annex B to this Decision to the Electronic Communications and Postal Regulatory Authority on a quarterly basis.
The information requested in accordance with Annex B. 1 to this Decision shall be communicated to the Electronic Communications and Postal Regulatory Authority at the latest:
-Wednesday, April 16, 2014 for information related to the first quarter of 2014;
-Wednesday, July 16, 2014 for information related to the second quarter of 2014;
-Thursday, October 16, 2014 for related information In the third quarter of 2014;
-Thursday, January 16, 2015 for information relating to the fourth quarter of 2014.
For the following quarters, data are reported to the Electronic Communications and Regulatory Authority (EFSA). Positions no later than sixteen days after the end of each quarter.
The Information requested in accordance with Annexes B. 2 and B. 3 of this Decision shall be communicated to the Regulatory Authority for Electronic Communications and Postal Services no later than seventy days after the end of each quarter, from First quarter of 2014.
Advanced surveys for high and very high speed operators:
People operating a network open to the public at high or very high speed fixed or providing the public with a service of High or very high speed electronic communications which, directly or through the control groups, have in the retail market a number of active subscriptions over 50 000 transmitted to the Authority Regulation of electronic communications and posts requested information In accordance with Annex C of this Decision, at a quarterly rate.
An active subscription within the meaning of the preceding paragraph is a subscription subscribed by a customer on a line activated, i.e. a line on which the customer may Access to the service.
The information referred to in Article 6 shall be communicated to the Authority no later than 30 days after the end of Each quarter from the first quarter of 2014.
Tracking Investment by major operators operating a fixed or mobile electronic communications network:
People operating a mobile network of electronic communications open to the public and those operating a fixed network Electronic communications to the public, which have a number of customers in the retail market in excess of 1 000 000, shall transmit to the Regulatory Authority for electronic communications and posts, at a quarterly rate, the Information requested in accordance with Annex D to this Decision, from the first quarter of 2014.
The information referred to in Article 8 shall be communicated to the Regulatory Authority Electronic communications and positions no later than 60 days after the end of each quarter.
Additional surveys for market analyses for electronic communications operators:
People who operate an electronic communications network open to the public or provide a service to the public Electronic communications shall transmit to the Electronic Communications and Postal Regulatory Authority the information relating to the years 2012 and 2013 in accordance with Annex E to this Decision.
Natural persons or Corporations whose revenues in 2013 are nil are not subject to The obligation provided for in the preceding paragraph.
The information referred to in Article 10 shall be communicated to the Regulatory Authority Electronic communications and positions no later than June 27, 2014.
Repeats:
The Decision of the Regulatory Authority for Electronic Communications and Positions No. 2012-0215 dated 14 February 2012 Concerning the questionnaire for the collection of information necessary for the monitoring of mobile markets is repealed.
Decision No. 2012-1504 of 27 November 2012 on the implementation of a questionnaire For the collection of information necessary for the follow-up of the fixed broadband and very high fixed rate retail markets is repealed.
The decision of the Electronic Communications Regulatory Authority and posts n ° 2013-0064 of 29 January 2013 on the establishment of a quarterly statistical survey for the monitoring of investment by operators of Electronic communications and deployments of mobile network operators Land open to the public is repealed.
Publication of Decision:
The Director General of the Authority is responsible for The execution of this Decision, which shall be published, with the exception of its annexes, in the Official Journal of the French Republic and, in its entirety, on the website of the Authority.
Done at Paris, March 25, 2014.
The President,
J.-L. Silicani
