JORF n ° 0281 December 4, 2015 text no. 77 Decision No. 2015-1122 of 22 September 2015 on the assessment for the year 2014 of the net cost of the additional mesh allowing the post office to carry out its mission of development of the territory NOR: ARTR1529008S ELI: Non available authority regulation of electronic communications and positions (hereinafter "ARCEP"), having regard to directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 as amended relating to common rules for the development of internal market for postal services in the community and improvement of the quality of service;
Saw the post and electronic communications (hereinafter CPCE) code, and in particular articles L 1, l 2, l 2 - 2 and 1 - 1;
Having regard to the general code of taxes, and especially the 3 ° of article 1635 II sexies;
Having regard to Act No. 90-568 of 2 July 1990 as amended relating to the organisation of the public service; the post office and France Telecom, including article 6
Pursuant to law No. 95-115 of 4 February 1995 amended guidance for the planning and development of the territory;
Considering Decree No. 2006 - 1239 11 October 2006 post contribution to the development of the territory;
Having regard to Decree No. 2011 - 849 of July 18, 2011 indicating the method of calculation of the net cost of the additional mesh allowing the post office to carry out its mission of land-use planning;
Having regard to decision n ° 2011-1081 ARCEP dated September 22, 2011 on the assessment for the year 2010 of the net cost of the additional mesh allowing the post office to carry out its mission of planning;
Having regard to decision n ° 2012-1311 ARCEP dated October 23, 2012 on the assessment for the year 2011 of the net cost of the additional mesh allowing the post office to carry out its mission of planning;
Having regard to decision n ° 2013-1169 ARCEP dated October 1, 2013 for the assessment for the year 2012 of the net cost of the additional mesh allowing the post office to carry out its mission of planning;
Having regard to decision No. 2014-1015 ARCEP dated 16 September 2014 for the assessment for the year 2013 of the net cost of the additional mesh allowing the post office to carry out its mission of planning;
Having regard to the response of the post dated July 17, 2015, to the questionnaire sent by the electronic communications regulatory authority and positions June 30, 2015.
Having regard to the public consultation of ARCEP to the intangible benefits which La Poste is likely to benefit because of its territorial presence obligation, conducted between June 12 and July 13, 2012, and the responses received on this occasion;
Having regard to the consultation of ARCEP on the format of assessment of the net cost of the mission for the territory of La Poste, conducted between July 17 and September 10, 2013, and the responses received on this occasion;
Pursuant to the IV of article 6 of the amended Act No. 90-568 of 2 July 1990, ARCEP is responsible "to assess annually the net cost of the additional mesh to ensure the planning mission entrusted to the post office". Article 2 of Decree No. 2011-849 of 18 July 2011 has that "the net cost of this additional mesh is equal to the cost avoided in his absence, less the revenue lost in his absence."
This decision assesses the net cost of the additional mesh for the year 2014 according to Decree No. 2011-849 abovementioned method. The implementation of the method uses the modelling on the assessment model of the net cost of the planning mission, presented during the public consultation conducted from July 17 to September 10, 2013. To implement this method, the decision (i) identifies the mesh complementary (ii) assesses the cost avoided in his absence and (iii) assesses the lost revenues. This assessment is the fifth evaluation by ARCEP of the net cost of the additional mesh (1).
I. - Framework regulatory post is subject to obligations relating to the size and organization of its network of contact points. These obligations arise notably a constraint of accessibility related to the status of La Poste postal universal service provider.
Article 2 of the CPCE States that: "La Poste is the provider of the universal postal service for a period of fifteen years from January 1, 2011.. Article L. 1 of the precise CPCE including that the "universal postal service contributes to social cohesion and the balanced development of the territory. It is ensured in compliance with the principles of equality, continuity and adaptability when looking for the best economic and social effectiveness. It guarantees to all users, permanently and throughout the national territory, of the postal services meet specified quality standards.
Article R. 1 - 1 of the CPCE, taken pursuant to article 2 of the code, States that "points of contact with the public giving access to universal services other than remittances in number and information on these benefits must allow at least 99% of the national population and at least 95% of the population of each Department to be within 10 kilometres of a point of contact and all communes with more than of. "10,000 people have at least one point of contact per 20,000 inhabitants.
In addition to this obligation to accessibility, La Poste deploys meshing says "complementary" whose points of contact, additional to those covered by the constraint of accessibility, fulfil the conditions described in article 6 of Act No. 90-568 of 2 July 1990.
This article is indeed investing post of a mission planning through its network of contact points. Article 6 of Act No. 90-568, supra as amended by Act No. 2010-123, February 9, 2010 provides that "to fulfill this mission, post adapted its network of points of contact, including through partnerships local, public or private, by searching for the best economic and social effectiveness. This network has at least 17 000 points of contact across the french territory taking into account the specifics of it, particularly in the départements and overseas. […] Save in exceptional circumstances, these rules (2) may not allow that more than 10% of the population of a Department is distant more than five kilometres and more than twenty minute car ride, in traffic conditions of the territory concerned, closest points of contact in the post.
This deployment induces to post an additional cost, the financing of which contribute local taxation allowances fixed by Decree, after the evaluation of ARCEP.
The IV of article 6 of Act No. 90-568 of 2 July 1990 so loads ARCEP "to evaluate annually the net cost of the additional mesh to ensure the planning mission entrusted to the post". He added that a "Decree in Council of State, after opinion of the top of the public service Commission of postal and electronic communications and posted no later than March 31, 2010, says the evaluation implementation method.
Decree No. 2011-849 specifying the method of calculation of the net cost of the additional mesh "for La Poste to ensure its mission of planning" was published in the Official Journal on July 20, 2011.
3 ° of article 1635 II sexies of the general tax code "local direct charges levied for the benefit of local authorities and various organizations and institutions" provides that "La Poste tax bases subject to a reduction equal to 85% of their amount, due to the constraints of serving the whole of the national territory and participation to the planning required to this operator. The reduction does not give rise to compensation by the State. With regard to the assessment on the added value of enterprises, the added value for the purposes of article 1586 ter subject to a deduction of 70% of its amount; each year from fiscal 2011, the rate of deductions referred to in the first paragraph of the present 3 ° is fixed by Decree, within the limit of 95%, so these abatements product contributes to the financing of the cost of the supplementary post territorial mesh as assessed by the regulatory authority for electronic communications and posts in accordance with the IV of section 6 of Act No. 90-568 of 2 July 1990 on the Organization of the public service of the post office and France Telecom.
Pursuant to the aforementioned article, the assessment of the net cost of the additional mesh ARCEP is involved in the calculation of deductions in fiscal 2014.
These abatements feed national postal territorial Equalization Fund which is «under the conditions laid down by a multi-year contract by the territorial postal presence between the State, the position and the most representative national association of mayors [...]» (3) II. -Model assessment used by ARCEP in accordance with the method specified by the Decree n ° 2011-849, the net cost of the additional mesh is equal to the costs avoided in his absence (costs associated to the network additional less costs related to the report of activity) reduced by the revenue lost in his absence (revenues associated with the network additional net revenue related to the deferral of the activity).
To achieve this evaluation, ARCEP has modeling technico-economic of the network of contact points of La Poste, that it has made public consultation from July 17 to September 10, 2013. This consultation presents the procedures for identifying perimeters in modeling, cost functions used and the method of evaluation of the intangible benefits La Poste of its spatial planning mission.
Two contributions received during this consultation, the post office and UPS, ARCEP has also published the synthesis, had not led to change the model of assessment of the net cost for fiscal year 2012. This model has remained unchanged for this evaluation.
III - Evaluation III.1. -Identification of the perimeters for its assessment, ARCEP is attached to take into account the relevant network within the meaning of the obligation to land-use planning. This reference includes 17 051 points in 2014.
The number of points pertaining to the requirement of accessibility in the reference network is 7 534 points. The complementary network is obtained by difference between the reference and the accessible network. It has 9 517 points of contact.
III.2. - Evaluation of the avoided cost in the absence of registration of loads at the level of each point of contact, the cost of different networks is determined from techno-economic modelling of the network presented in the public consultation and relying on cost functions. These functions are calibrated on the accounting entity corresponding to all of the deployed network, with the exception of two corrections by ARCEP (4).
III.3. - Evaluation of lost revenues article 3 of Decree No. 2011-849 supra has «lost revenues [...]» are equal to the additional mesh revenue, including, where applicable, revenues resulting duly recorded intangible benefits, that La Poste to withdraw, diminished revenues which, in the absence of this mesh, refer in the points of contact maintained. "The work done by ARCEP on the demand function do not lead to question the assumptions of request (including the absence of loss of activity) in the public consultation on the assessment model, on which was based the 2010 net cost assessments, 2011, 2012 and 2013.
III.4. - Evaluation of intangible benefits the ARCEP conducted in 2013 work on the advertising value of the logo of La Poste, presented in the public consultation on the assessment model (5). In light of the responses to the consultation, ARCEP had retained in the assessment of the net cost 2012 for the benefit of the advertising value of the display of the logo on the points of contact under the additional mesh. This advantage is retained for the assessment of the net cost in 2014.
III.5. - Summary of evaluation for fiscal year 2014, the relevant costs of the reference network settled in [SDA...]. The passage to the hypothetical network in modeling is accompanied by a full report of activity (6). This report represents 12.1% of total activity.
The cost of the network of contact points in the hypothetical scenario is obtained by adding to the current costs of the reachable network, valued at [SDA...], the costs resulting from the postponement of the complementary networking activity on the network, valued at [SDA...], which leads to a cost of [SDA...]. The difference between the cost of the hypothetical system and reference is the avoided cost, EUR 243 million for 2014.
The intangible benefit of the display of the logo of La Poste on the additional mesh points is also estimated at EUR 1 million in 2014.
Thus, the net cost for the year 2014 is estimated at EUR 242 million.
III.6. - Absence of double-account article 4 of Decree n ° 2011-849 supra provides that: "For the calculation of the cost net [...], the authority of regulation of electronic communications and intelligence posts to exclude double account with calculation other missions of public service."
In addition to its mission of land-use planning, the post office is vested with three other missions of public service: (i) universal service, (ii) transport and distribution of the press and (iii) banking accessibility.
Post sees currently no compensation for its mission of universal service, the compensation fund provided for in article L. 2 - 2 of the CPCE was not enabled. Therefore, the net cost of the mission is not the subject assessed by ARCEP. In any case, the perimeter on which the net cost of universal service obligations would be evaluated differs in construction was used for the development of the territory:-with regard to the requirement of accessibility of contact points, the modeling of the 'commercial' network (which, in the absence of any constraints of sizing, maximize the margin of each business of the post office within the network) , accessible network (responding to the availability of the universal service obligation) and the current network (complying with the planning mission) allows difference to assess separately the net cost of the two missions.
-with regard to the obligations relating to the distribution, the concerned accounting perimeters are disjoint.
Similarly, the perimeter which is estimated the cost of the transport and distribution of the press mission is distinct from that of the network of contact points.
Finally, the costs of the banking accessibility part of La Banque postale costs some of which fall within the scope of costs of the network of contact points. However, the modelling carried out by La Poste shall assess these costs on the "commercial" part of the reference network. It is therefore beyond the scope of the development of the territory.
With regard to these elements, ARCEP considers that it has no double counts between the calculation of the net cost of the planning mission and other missions of public service.
Decided as follows: Article 1 the net cost of the additional mesh of La Poste meets its mission of land-use planning is EUR 242 million for the year 2014.
Article 2 this decision will be published, subject to secrets protected by law, in the Official Journal of the French Republic, and on the internet site of ARCEP.
Done at Paris, on September 22, 2015.
President, S. Soriano [SDA...] Passages of secrets protected by law.