Key Benefits:
The Electronic Communications and Postal Regulatory Authority (hereafter " The Authority),
In view of Directive 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. 33-1, L. 34-8, L. 37-1, L. 135, D. 98-3, D. 98-11 and D. 295;
Seen the Act n ° 51-711 of 7 June 1951 on the obligation, coordination and Secret statistics, including article 7 bis;
After deliberation on March 17, 2015,
I. -The applicable legal framework
1. Request for information under Article L. 34-8 of the CPCE
Article L. 34-8 of the CPCE provides:
" 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. "
2. 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. "
3. Request for information under Articles L. 33-1, L. 37-1 of the CPCE and D. 98-11 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 of services to the public Electronic communications shall be subject to compliance with rules concerning: [...]
1) The obligations imposed on the operator to enable control by the Electronic Communications and Postal Regulatory Authority and those necessary for the application of Article L. 37-1 ".
Article L. 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 supply of information required by the operator to enable it to be controlled by the Electronic Communications Regulatory Authority and the posts and those necessary for the application of the Article L. 37-1.
Pursuant to Article D. 98-11 of the ECCC:
" 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 commercial fields, and 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) The conduct of the analyses of the contracts provided for in Article L. 37-1, which include, in addition to those subject to 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 of its activity;
-information about the deployment of its network;
-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, and their deployment schedule And their area of coverage;
-the technical information needed to verify the efficient use of the spectrum;
-the information on the technical conditions implemented to avoid harmful interference and limit Public exposure 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 The abovementioned provisions of Article D. 98-11 shall apply ' Operators of networks open to the public and to providers of electronic communications services to the public ".
All of the above provisions make it possible to require operators to communicate data or information, without They can override them on the basis of business secrecy.
II. -Purpose of this decision
1. Preliminary observations on the scope of this Decision
This Decision repeals and replaces Decision No. 2014-0230 of 25 March 2014 on the establishment of annual and quarterly surveys in the field of
The Authority carried out in 2014 a private consultation with operators dealing in particular with the recurring collection of quantitative information and aimed at improving existing devices (perimeters, indicators, etc.). Calendars, collection frequency).
On this point, the objectives of this Consultation was multiple. In particular, this was the finalization of the streamlining work undertaken by the ARCEP for several years. It was also a matter of continuing to evolve the indicators in order to adapt to new services and new technologies and to take account of the capabilities of operators to extract, easily, the most relevant data. Finally, the actors were asked about the possible adaptations of public refunds to their needs.
This Decision takes account of the comments made by the stakeholders in their responses to the consultation. The issue of refunds will be dealt with in the publications. In general, the Authority has reduced the number of information requested from operators or deleted questionnaires where possible, in the light of its regulatory and market surveillance objectives. It has, however, inserted a new questionnaire, only for the year 2015, for mobile operators and necessary for the development of consumption profiles used for the construction of price indices by the ARCEP and INSEE.
2. Objectives pursued by the Authority
By implementing this decision, the Authority's objective is to:
-to provide information to all players in the sector, including consumers, through the publication of aggregate indicators on the main segments of the electronic communications market and the evolution of prices Services;
-to have information on the competitive operation of retail and wholesale markets in electronic communications services;
-detailed information on operators' investments ;
-provide relevant elements for evaluating the Public policy and, in particular, the actions of the Authority in implementing the existing 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 electronic communications operators
a) Persons subject to Annex A
Please refer to Annex A of this Decision: Persons operating an electronic communications network open to the public or providing the public with an electronic communications service.
b) Nature of the data collected
i) Statistical monitoring of the market Electronic communications:
The information requested in the statistical monitoring of the electronic communications market and formalised by the questionnaires in annexes A. 1 (quarterly activity questionnaire), A. 2 (annual activity questionnaire) and A. 3 (indicators on fixed networks in the overseas territories) concern all the electronic communications activities of the persons referred to in Annex A, whether the latter are directly marketed to the Users or through a third party.
This information Statistics are broken down by type of user (general public/enterprise) and include in particular gross revenue, volume of traffic and number of subscribers to the various services offered, expenditure in terms of value and volume of services Electronic communications as well as employment and investment data.
The collection frequency is annual for Appendices A. 2 and A. 3 and quarterly for Appendix A. 1. Nevertheless, the fourth quarter questionnaire will also include indicators for the year as a whole.
In addition, persons operating a mobile electronic communications network open to the public as well as those Operating a fixed network of electronic communications open to the public, which, on the retail market, with a number of customers exceeding one million, shall transmit semi-annually to the Authority the overall amount of their Investment.
(ii) Tracking of fixed and mobile services prices:
In addition, the indicators necessary for the work carried out by the Authority on the monitoring of the prices of fixed services and mobile services are formalised in Annexes A. 4 and A. 5 of this Decision. This data, which covers the first half of the year, is collected annually. The information requested in the framework of the collection for the monitoring of the prices of mobile services (Annex A. 5) relates in particular to the structure of customers and the associated average monthly consumption (voice communications, number of SMS Emitted, volume of data consumed).
As part of the price tracking of mobile services, operators' customers are segmented according to criteria established in 2010. In order to update this segmentation, the Authority will exceptionally gather in 2015 a set of data formalised in Annex A. 6 to this Decision. The information requested relates in particular to customer billing elements (price of supply, options, discounts) and consumption volumes (voice, SMS, data), on the basis of a representative sample for each Type of offer concerned (packages, fixed coupled fixed packages, prepaid cards, exclusive Internet cards) of 1000 residential customers followed over three months, indexed numerically to ensure their anonymity. This collection is not intended to be renewed.
The information requested in the collection for the monitoring of fixed service prices (Annex A. 4) relates to the number of subscriptions and the average monthly consumption (voice communication to national and international fixed-line and to national and international mobiles) broken down according to the structure of the offers proposed by the operators. Indicators related 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:
Main developments in relation to the decision of the ARCEP n ° 2014-0230 of 27 March 2014 relate to the following points:
-deletion of redundant indicators between the annual questionnaire (Annex A. 2) and the quarterly activity questionnaires (Annex A. 1);
-abolition of the annexes relating to the annual supplementary questionnaire (ex Annex A. 3) and to the Monitoring of investments by the main operators operating a fixed or mobile electronic communications network (ex Annex D);
-a reduction in employment and investment indicators for the calendar year in the Fourth quarter questionnaire;
-adding Indicators on the retail market for mobile services to track the segmentation of the income of packages between those including an Internet service in the offer and those not benefiting from it;
-suppression of segmentation of the Indicators on the retail revenues of mobile voice and data services and indicators for mobile expenditure in the wholesale market;
-simplification of capacity services indicators;
-deletion of Metrics for number of calls to value added services;
- Deletion of fixed telephony revenue segmentation indicators between RTC and broadband voice.
c) Use of data
Data on Annex A of this Decision are communicated to The Authority in a primarily statistical purpose. 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 2014 002D).
4. Purpose of Annex B-Advanced surveys for mobile operators
a) Persons subject to Annex B
are subject to Annexes B. 1 (mobile advanced questionnaire), B. 2 (monitoring the development of competition) and B. 3 (MVNO wholesale market questionnaire) of this Decision, persons operating a mobile electronic communications network open to the public or providing the public with a mobile electronic communications service.
b) Nature of collected data
Appendix B focuses on collecting Information on the competitive functioning of 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 mobile market Detail, with the number of retained numbers, the terminations, the number of customers under commitment or free commitment, and the distribution of customers according to the duration of the commitment;
-the volume of traffic in the retail mobile market;
-la Description of all mobile services offered in the retail market, and their Tariffs, in the form, for example, of the operator's catalogue of offers;
-developments in agreements in the wholesale market for mobile access and departure, with the communication of access contracts concluded with mobile operators Virtual (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 figures, number of SIM cards).
The field of information requested on the retail mobile market takes in Account for the specificities of the territories considered as well as the nature of the players (network operator or virtual mobile operator).
The information requested on the retail mobile market covers different customer segments, in particular the Customers and, within the general public, pre-paid and post-paid customers.
The collection frequency is quarterly for Appendices B. 1 and B. 2 and semi-annual for Appendix B. 3.
c) Data Usage
Data relating to Annex B to this Decision shall be Mainly used in the framework of more general market analysis work and to analyse the state and 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 Survey for High and Very High Speed Operators
a) Persons subject to Annex C
The following is Annex C (High and Very High Speed Retail) of the Decision of persons operating a network of electronic communications open to the public at high or very high speed fixed or providing the public with an electronic communications service at high or very high fixed
. Proportionality, only those operators who are required to reply to the questionnaire Directly or through the control groups, include, in the fixed broadband and very high fixed rate retail markets, a number of active subscriptions greater than 50 000.
Is considered a subscription Active 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 collected data
The very high speed deployment and its adoption by the Consumers are receiving special 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 high-and high-throughput markets warrant quarterly follow-up.
The Authority also wishes to have a segmentation of the proposed offers in 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 concerned.
The information requested in Annex C concerns 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 via a third party.
c) Use of the data
The data relating to Annex C of this Decision shall be communicated to the Authority with a primary purpose 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-Monitoring of audiovisual broadcasting markets
i) Tracking of wholesale markets for the diffusion of TNT:
a) Appendix D. 1
D. 1 of this Decision persons operating an electronic communications network open to the public or providing the public with an electronic communications service providing terrestrial over-the-air broadcasting of television programmes ("broadcasters") And whose turnover is more than EUR 1 million.
b) Nature of the data collected
Annex D. 1 focuses, on an annual frequency, to gather information on the competitive operation of the Wholesale markets for the diffusion of TNT.
The data required relate to the distribution of DTT service points between the broadcasters present in the wholesale downstream market of TNT. For each service point, three information is requested:
-the holder of the broadcast contract with the TNT multiplex that corresponds to the broadcaster operating the transmitting equipment;
-the broadcaster operating the antennary systems used for the broadcast;
-the Scatter manager diffuser used for broadcast.
c) Data Usage
Data in Annex D. 1 to this Decision will be used primarily for more general analysis work Market and to analyse the state and foreseeable evolution of the Competition in terrestrial terrestrial television broadcasting markets pursuant to Article L. 37-1 of the CECP. They may also be used for the development of statistics.
ii) Additional surveys for market analyses for persons operating an electronic communications network open to the public or providing to the public Public an electronic communications service for the dissemination or provision of audiovisual services.
(a) Persons subject to Annex D. 2:
The persons operating a network of electronic communications to the public or providing the public with an electronic communications service for the dissemination or supply of electronic communications are referred to in Annex D. 2 to this Decision Audiovisual services.
b) Nature of the data collected:
The information requested in Annex D. 2 relates to the activity of persons operating a network of electronic communications open to the public or providing the public with an electronic communications service for the purpose of broadcasting or Provision of audiovisual services, particularly in terms of turnover, costs and volume.
The questionnaire is annual and covers the last two years, with a view to ensuring the reliability of the annual developments calculated and analysed By the Authority as part of the previous collection.
Number Indicators collected by the Authority in Annex D. 2 to this Decision, as well as the number of operators concerned, have been significantly reduced compared to the decision of the ARCEP n ° 2014-0230 of 25 March 2014 in order to streamline the collection of Data.
c) Data Usage:
The data in Annex D. 2 to this Decision will primarily be used in the context of the broader market analysis work and to analyse the state and foreseeable development of competition in the markets of the Broadcasting or the provision of audiovisual services, in accordance with Article L. 37-1 of the ECCC. They can also be used for statistics development.
7. 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.
The Information referred to in Annex A. 1 to this Decision on the quarterly survey 2015 shall be communicated to the Electronic Communications and Postal Regulatory Authority at the latest:
-May 11, 2015 for the first quarter of 2015;
-August 11, 2015 for the second quarter of 2015;
-November 12, 2015 for the third quarter of 2015;
-February 11, 2016 for the fourth quarter of 2015.
The information referred to in Annex A. 2 to this Decision, covering the year 2014, shall be communicated to the Regulatory Authority for Electronic Communications and Postal Services no later than 5 June 2015
Annex A. 3 to this Decision covering the year 2015 shall be communicated to The Regulatory Authority for Electronic Communications and Postal Services no later than 11 February 2016.
In addition, the overall amount of investment for the first half of the year will be communicated to the Communications Regulatory Authority
information referred to in Annexes A. 4 and A. 5 of this Decision, covering the first half of 2015, shall be communicated to the Regulatory Authority of Electronic communications and positions no later than September 15, 2015.
Les Information referred to in Annex A. 6 to this Decision, covering the months of January, February and March 2015, shall be communicated to the Regulatory Authority for Electronic Communications and posts no later than 15 May 2015.
Device agents " Statistical observatories and market monitoring " The Authority shall have the sole right to receive and process the individual information collected under Annexes A. 4, A. 5 and A6 of this Decision.
Advanced Investigations 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 to the Electronic Communications and Postal Regulatory Authority the information requested in accordance with Annex B to this Decision.
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:
-April 16, 2015 for information related to the first quarter of 2015;
-16 July 2015 for information related to the second quarter of 2015;
-October 16, 2015 for third quarter information Quarter 2015;
-January 15, 2016 for fourth quarter 2015 information.
For the following quarters, data is reported to the Electronic Communications and Postal Regulatory Authority Later sixteen days after the end of each quarter.
Information Requested in accordance with Annex B. 2 to 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, beginning in the first quarter 2015.
The information requested in accordance with Annex B. 3 to this Decision shall be communicated to the Electronic Communications and Postal Regulatory Authority no later than 70 days after the end of each semester.
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 Fixed broadband electronic communications which, directly or through the control groups, have a number of active subscriptions in excess of 50 000 in the retail market, transmit 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 Every quarter from the first quarter of 2015.
Tracking of TNT wholesale markets:
People operating an electronic communications network open to the public or providing a service to the public Electronic communications, which ensure terrestrial terrestrial broadcasting of television programmes, with annual turnover of more than EUR 1 million, transmit to the Communications Regulatory Authority Information requested in accordance with Annex D. 1 Of this Decision.
The information referred to in Article 8 shall be communicated to the Communications Regulatory Authority Positions no later than forty-five days after the end of the year.
Additional surveys for market analysis at Destination of operators delivering services Audiovisual services or providing an audiovisual service to the public:
People who operate an electronic communications network open to the public or provide a service to the public Electronic communications for the broadcasting or the provision of audiovisual services shall transmit to the Electronic Communications and Postal Regulatory Authority the information requested in accordance with Annex D. 2 to the present Decision.
The information referred to in Article 10 shall be communicated to the Regulatory Authority for Electronic Communications and Postal Services no later than 26 June 2015 Data for the years 2013 and 2014.
For the following years, the data shall be communicated to the Electronic Communications and Postal Regulatory Authority no later than six months after the end of the year.
Repeal:
The decision of the Electronic Communications and Postal Regulatory Authority n ° 2014-0230 en Date of 25 March 2014 on the establishment of annual and quarterly surveys in the electronic communications sector is repealed.
Publication of decision:
The Director General of the Authority shall be responsible for the implementation 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 Authority's website.
Done at Paris, March 17, 2015.
The President
S. Soriano
