Decision No. 2015-1295 The Authority Of Regulation Of Electronic Communications And Positions As Of October 22, 2015, Changing Organization Of The Starting Number By 06 And 07 Ranges Provided For In Decision No. 05 - 1085 Modified...

Original Language Title: Décision n° 2015-1295 de l'Autorité de régulation des communications électroniques et des postes en date du 22 octobre 2015 modifiant l'organisation des tranches de numéros commençant par 06 et 07 prévue par la décision n° 05-1085 modifiée...

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JORF n ° 0297 from 23 December 2015 text no. 136 Decision No. 2015 - 1295 of the regulatory authority for electronic communications and posts as of October 22, 2015, changing the Organization of the number ranges starting with 06 and 07 provided for in decision No. 05-1085 modified 15 December 2005 NOR: ARTT1531447S ELI: not available the electronic communications regulatory authority and positions In view of the directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 modified on a common regulatory framework for electronic communications services and networks (directive 'framework');
See directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 amended the authorization networks and electronic communications services (directive 'permission');
See directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 amended concerning the universal service and the rights of users in terms of networks and electronic communications services;
Saw the post and electronic communications code, and in particular articles L. 36 - 7, L. 44 and R. 20-44-27 at R. 20-44-33.
Given the decision of 15 December 2005, no. 05-1084 modified approving the rules of management of the national numbering plan;
Given the decision of 15 December 2005, no. 05-1085 modified setting using the categories of numbers from the national numbering plan;
Given the decision No. 2009 - 0406 may 5, 2009 relative to the opening of the range of numbers starting with 07;
Decision No. 2012-0855 electronic communications regulatory authority and positions relating to the reorganization of groups of numbers starting with 06 and 07 July 17, 2012 as provided for in decision No. 05-1085 15 December 2005;
Saw the public consultation of the authority on the draft decision changing the Organization of number ranges starting with 06 and 07, conducted from July 6, 2015, to September 15, 2015.




The consultative commission on electronic communications has been accessed October 16, 2015;
After deliberating in October 22, 2015, for the following reasons: i. - regulatory authority numbering skills are provided for by the provisions of articles L. 36 - 7 and L. 44 of the code of posts and communications (hereinafter "SCTE").
Article L. 36 - 7 (7 °) of the SCTE has that authority "establishes the national telephone numbering plan, attributed to operators in numbering resources for their activity under the conditions provided for in article L. 44 and ensure their proper use; (…) ».
The I of article L. 44 of the same code provides that "the national telephone numbering plan is prepared by the communications regulatory authority and positions and managed under its control. It ensures equal and simple users access to different networks and electronic communications services and the equivalence of the numbering formats. Subject to technical and economic feasibility, it allows users who are located in other European Union Member States to access the accessible non-geographical numbers throughout the national territory. (…) ».
II. - Demand expressed by operators decision No. 2012 - 0855 Authority relating to the reorganization of the number starting with 06 and 07 above ranges includes:-the creation of a range of mobile numbers extended to 14 digits in metropolitan France;
-the ban, effective from January 1, 2016, to use in metropolis for M2M communications services 10-digit mobile numbers (1).
As a follow-up to the implementation of the abovementioned decision, some operators expressed the authority of such technical difficulties, not allowing them to affect from 1 January 2016 of their M2M customers 14-digit numbers. These operators in particular invoke the complexity of implementation of this new installment, insofar as the phone number is a structural element used in most of their information systems (routing, billing, interconnection).
As a result, operators asked to qualify for a deferral of the ban affect mobile numbers to 10 digits for the order of 18 to 24 months M2M communications in order to continue to meet the needs of their M2M customers while they finalize the developments necessary for the use of 14-digit numbers.
III. - Performance of the resource in mobile dialing 10 digits in metropolitan France 1. The balance sheet of the mobile numbering plan highlights availability of 27 million numbers for the city on 1 October 2015, 70 million mobile numbers are available (see the following table).
TYPE of resource space TOTAL (in millions) awarded (in millions) available (in millions) space dedicated to mobile numbers in metropolitan France (Z = 6 and ZA = 73 to 78) 148 121 27 space dedicated to mobile numbers in overseas 8 4 4 Reserve (70 to 72) 29 0 29 reserves (79) 10 0 10 Total 195 125 70 2 DOM 10-digit 10-digit. Annual allocations of mobile numbers has slowed but does not affect the risk of saturation related to the growth needs M2M after three consecutive years of very high consumption of mobile numbers in 2010, 2011 and 2012 (with an average of 10 million numbers per year), it has significantly declined over the past two years with 3 million mobile numbers in 2013 and $ 4 million in 2014. There, over the last 10 years, an annual average of 6 million mobile numbers.
You can see the image in the facsimile of the 0297 JOnº from 23/12/2015, text no. 136 on the other hand, forecasts (2) on which was based the authority in 2012. to adopt the decision No. 2012 - 0855 thought, at end of 2014, a total of 9.2 M the card SIM M2M attributed, and 4.5 million the number of assigned Internet SIM cards. However, the recent data published by the authority in its mobile services market Observatory indicates that at end of 2014 the Park consisted of 8.2 million M2M SIM cards and 3.7 million Internet SIM cards. These results are lower than 1.8 million units compared to initial forecasts. Given the current pace of growth of the Park of cards SIM M2M (see below), this represents a delay of 15 months.
You can view the image in the facsimile of the 0297 JOnº from 23/12/2015, text no. 136 this slower pace than expected in the consumption of mobile numbers to 10 digits for M2M services can be explained by the delay (or abandonment) projects with important potential of growth of the Park of the SIM cards. Thus, the "ecotax" project, which was to be implemented in 2013 and represent 1 million SIM cards, was abandoned in 2014. With respect to implementation of the device "eCall (3)", which was to be deployed from 2015 and represent 30 million cards in France, ultimately will not enter finally into force only in the 2nd quarter of 2018 (with a delay of 3 years compared to the planned timetable during the adoption of decision No. 2012 - 0855) referred to above. However, the authority wishes to recall that decision No. 585/2014/EU of the European Parliament and of the Council of May 15, 2014, on the deployment of the service interoperable eCall in all the European Union has in its first article, ' no later than October 1, 2017, Member States are making their territory of the eCall PSAP infrastructure required for good reception and appropriate treatment of all calls eCall '. This obligation requires to have committed before this date the functioning of eCall infrastructure in conditions as close as possible to reality, especially with 14-digit mobile numbers.
IV. - Observations collected during the public consultation for the sake of transparency and readability, the Authority launched a public consultation in order to inform the sector of this request for postponement of the date of prohibition of use for M2M uses 10-digit mobile numbers and thus collect the views of stakeholders on the new draft decision. The main comments are summarized below.
The set of operators is being dealt with this point is favorable to the postponement of the ban on using mobile numbers for July 1, 2017 M2M uses 10-digit.
However, one of the contributors would like to benefit from an additional delay, in order to continue the allocation of mobile numbers to 10 digits for its customers 'home automation' until a date significantly subsequent to July 1, 2017. The authority reminds that the operators had knowledge, from July 2012, of the prohibition to use mobile numbers to 10 digits for such uses as of January 2016 – a period that had been left close to 42 months to prepare, to which is added a supplementary period of 18 months in the event of a postponement to July 1, 2017 (a total of 5 years). There is no place for this request.

Another contributor says not to be able to commit to ensure the transport and routing numbers on its network on January 1, 2016, as provided for in the draft decision submitted to public consultation 14-digit to benefit from the derogation for the use of mobile numbers to 10 digits until 1 July 2017. It evokes a necessary period of 6 months from the first request from a third-party provider to achieve developments networks, if and the necessary tests. The authority having, moreover, recognized (4) opening of numbering resources stretched in practice from 1 to 6 months for the most complex situations, within 6 months seems reasonable for the first opening of a new category of number. However, such resources have already been allocated by the authority in 2015, the implementation of the routing of third-party operators 14-digit numbers may not exceed the date to July 1, 2016.
Furthermore, a derogation system planned in 2012 to allow existing M2M customers, unprepared to this evolution of the length of the numbers, the time to do the necessary developments (if changing, or reconfiguring of a park deployed). The regulatory framework is now known for more than 3 years, M2M customers were able to be properly informed by their operator and to prepare. If this is not the case, they have more than 20 months to make these changes. It doesn't appear so not necessary to the authority to change this derogation as suggested by a contributor. As well as proposed by another contributor, however, to impose on the operators to inform with sufficient notice clients the passage of numbering M2M to 14 digits so as to ensure that they are also ready on the agreed date.
V. - Solution in the light of these elements, and in particular the difference observed compared to the original schedule of implementation of the 'eCall' system, some operators demand the postponement of the ban to affect customers 10-digit mobile numbers M2M seems reasonable.
However, it is essential for the authority:-on the one hand, to ensure that all operators will be actually able to exploit mobile resources 14-digit during deployment of the eCall infrastructure in the territory (to no later than October 1, 2017);
-Secondly, to ensure that the delay by some operators does not penalize those who performed the developments necessary for the assignment to their customers in 14-digit mobile numbers.
Therefore, the Authority decided to derogation, allow operators who make the request to use mobile numbers to 10 digits for M2M applications until June 30, 2017, under the conditions below.
The waiver will be granted on individual request on condition that the applicant undertakes to respect the following provisions:-assign mobile numbers of length extended to its M2M customers no later than 1 July 2017;
-inform no later than February 1, 2016 customers M2M of their future obligation to use mobile numbers of extended length as well as M2M prospects before contracting;
-deliver, no later than July 1, 2016, traffic issued at the start of its local loop to the numbers to 14 voice and SMS numbers from other operators;
-deliver, no later than July 1, 2016, the communications of customers to other operators with a SIM card assigned to a 14-digit number in areas where a national roaming agreement is applicable to the SIM cards affected 10-digit mobile number.
To receive such a waiver, operators will have to make a request to the authority, no later than 31 December 2015, accompanied by a detailed schedule of the project (description of main sites and milestones) to attest that they will be able to hold the new deadline. The request must also be accompanied by the documents attesting to the allocation of the budgetary resources necessary for its implementation (estimated costs of the project, commitments budget, purchase orders,...). To this end, the record must include a certificate of the Chief Financial Officer of the operator or anyone who can commit financially the company on such amounts, so that the ARCEP can ensure the ability of this operator to comply with the above commitments.
After receipt of an application by ARCEP package, it will send receipt attesting to the completeness of the record or case specifying the additional expected elements.
Furthermore, ARCEP deems it necessary to put in place a mechanism of monitoring by the operators of the timetable laid down in this decision. To this end, they must provide to the authority, July 1, 2016 and January 1, 2017, the supporting documents attesting to the State of progress of the work and the budgetary commitments.
Finally, in the interests of non-discrimination, operators who have made developments necessary to meet the deadline of 1 January 2016 eligible, under the same conditions as the other operators, this derogation.
Decides: Article 1 in annex 1 to decision No. 05-1085 referred to above, are added to the section "1.b. mobile numbers with 10 digits (Z = 6 or ZA = 73, 74, 75, 76, 77, 78,79)", before the "Modularity of attribution" part, the following: "operators wishing to use until June 30, 2017 mobile numbers to 10 digits for M2M communications may apply to the authority in this sense". in writing, at the latest 31 December 2015 (date of receipt of the letter by the authority as listed on the receipt).
In their request, operators must commit to:-be able to affect mobile numbers of length extended to their customers by July 1, 2017;
-inform no later than February 1, 2016 M2M existing customers of their future obligation to use mobile numbers of length extended as well M2M prospects prior to Contracting;
-deliver, no later than July 1, 2016, communications issued at the start of their local loop to the mobile numbers of extended length of other operators;
-deliver, no later than July 1, 2016, communications to customers of other operators with a SIM card assigned to a mobile number of length extended in areas where a national roaming agreement is applicable to the SIM cards affected 10-digit mobile number.
This application must include:-a description of the project allowing the assignment of numbers of length extended to its customers effective 1 July 2017 including different construction sites, implementation schedule and major milestones.
-a numerical estimate of the budget required for the completion of this project by distinguishing expenditures investment and operating for 2016 and 2017;
-an attestation by the Chief Financial Officer or any other person that can financially commit the company for such amounts, of the allocation to the project funds to the year 2016 and taking them into account in the budget for the year 2017.
Operators who requested this derogation shall also transmit:-no later than the 1 July 2016 and January 1, 2017, report on progress of the work and the budgetary commitments;
-no later than 1 January 2017, a certificate by the Chief Financial Officer, of the allocation to the project of the funds needed for 2017' Article 2 the Director of electronic communications services and relationships with consumers of electronic communications and posts regulatory authority is responsible for the execution of this decision, which will be published in the Official Journal of the French Republic.


Done at Paris, on October 22, 2015.
President, S. Soriano (1) "machine to machine" or "M2M" communications consist of linking machines or smart objects, or between a smart object and a person, with a system of information via networks of mobile communications, usually without human intervention (source decision No. 2012 - 0855). (2) study Idate carried out for the authority in 2011. (3) see more information about this feature on the site http://ec.europa.eu/digital-agenda/en/news/ecall-all-new-cars-april-2018 (in English). (4) decision No. 2007-0213 ARCEP dated April 16, 2007 on the obligations imposed on operators who control access to the end-user for the delivery of communications to the services with added value - III. B.3

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