Key Benefits:
The Secretary of State for Industry,
Given the International Telecommunication Union Convention, the International Telecommunications Regulations and the Regulations Radiocommunication;
Given the postal code and telecommunications, and in particular Article L. 33-1;
Given the code of consumption;
In view of the law n ° 78-23 of 10 January 1978 on the protection and information of consumers Products and services;
Due to the amended 1987 Finance Act (No. 86-1317 of December 30, 1986);
As amended by Act No. 90-1170 of December 29, 1990 on the regulation of telecommunications, and in particular its section 28;
Given the law N ° 91-646 of 10 July 1991 on the secrecy of correspondence issued by the telecommunications route;
In view of Order No. 59-147 of 7 January 1959 on the general organisation of the defence and its implementing texts;
Vu The amended Order No. 86-1243 of 1 December 1986 on the freedom of prices and competition;
In the light of the amended decree of 3 February 1993 on charges for the provision of radio frequencies and for management by the Holders of authorisations issued pursuant to Articles L. 33-1 and L. 33-2 of the Postal Code and Telecommunications;
In view of Decree No. 96-1175 of 27 December 1996 on the standard clauses of the specifications associated with authorisations Granted pursuant to Articles L. 33-1 and L. 34-1;
In light of Decree No. 96-1224 of 27 December 1996 on charges payable for the management of the national numbering plan and control of its use;
In view of Decree No. 97-188 of 3 March 1997 on interconnection provided for by Article L. 34-8 of the Postal Code and Telecommunications;
In view of Decree No. 97-475 of 13 May 1997 on the financing of the universal service taken for the application of Article L. 35-3 Postal code and telecommunications;
In view of the application dated 5 July 2001 of FLAG Telecom France Network SAS, registered in the register of commerce and companies of Nanterre under number B 438 219 552, seise 25, rue Clerühle, 92300 Levallois-Perret, supplemented by the letter of 26 July 2001 and specified by the letter of 9 October 2001;
In view of Decision No. 2001-1056 of the Telecommunications Regulatory Authority of 9 November 2001 concerning education Request for authorization by FLAG Telecom France Network SAS,
Stop:
FLAG Telecom France Network SAS is authorized to establish and operate a telecommunications network Open to the public in the regions Alsace, Aquitaine, Burgundy, Brittany, Champagne-Ardenne, Ile-de-France, Languedoc-Roussillon, Lorraine, Midi-Pyrénées, Nord-Pas-de-Calais, Basse-Normandie, Haute-Normandie, Pays de la Loire, Picardie, Poitou-Charentes, Provence-Alpes-Côte d' Azur and Rhône-Alpes, in the conditions laid down in the specifications annexed to this Order.
This authorization is issued for a period of fifteen years from the date of publication of this Order. The conditions for its renewal are set out in Article L. 33-1 of the Postal Code and Telecommunications.
In order to To allow the transmission of information relating to the routing of emergency calls provided for in Chapter VI of the terms of reference annexed to this Order, the holder of the authorisation shall communicate, before the opening of the service in a Department, its contact details to the prefect of this department. This will be the same for each change to the contact information.
This authorization is related to the person of the holder And cannot be assigned to a third party.
Changes to the capital of the authorization holder are communicated to The Telecommunications Regulatory Authority to verify their compatibility with the conditions of the authorisation.
This Order and its Annex will be published in the Official Journal of the French Republic.
A N N E X E
CHARGES FOR ESTABLISHMENT AND EXPLOITATION OF AN OPEN TELECOMMUNICATIONS NETWORK IN THE PUBLIC
Performer: FLAG Telecom France Network SAS.
Definitions
In this specification, terms are used that are understood as follows:
The operator
This is the owner of the establishment authorization and Operation of the network for the supply to the public of telecommunications services referred to in Article 1 of the order to which this specification is attached.
The Space Sector
These are the space capabilities leased or established by the operator for routing its links.
earth stations
These are ground-to-point radio communications links Fixes.
ETSI
The European Telecommunications Standards Institute (European Telecommunications Standards Institute).
ITU
This is the International Telecommunication Union.
Technical Specification
This is a document that describes the required technical characteristics of a product or A service to be used for a given purpose.
Standards
These are the technical specifications approved by a recognized regulatory body, for repeated application, or Continue.
Interconnect conventions
Interswitching agreements specify the technical and financial terms and conditions for all relationships between the operator and other operators Networks open to the public or telephone service providers to the public falling within the framework set out in Chapter XII of this specification.
Chapter I
Nature, characteristics, coverage area and
network and service deployment schedule
1.1. Description, coverage area
and network deployment schedule
The network of the operator is established in the regions referred to in item 1 of the order to which this specification is attached.
The Fixed links necessary for the establishment and operation of the operator's network shall be established, in each of the regions covered by this authorisation, of operator transmission facilities, which may be:
- Wireline links established by the operator alone or via a contract with a supplier of naked fibres;
-radio links established in accordance with the provisions of Chapter VIII relating to frequencies.
In addition, the operator Can supplement its network with leased links to other authorized operators.
1.2. Services
The operator can provide all telecommunications services on its network pursuant to article L. 34-2 of the postal code and telecommunications.
The operator's service must enable customers to Telephone service to the public of the operator, connected directly to its network, to establish telephone communications with all customers of the other networks open to the public (subject to possible restrictions on the routing of the Applicant or requested, access to long distance, international ...).
Similarly, a customer of the telephone service to the public of the operator connected directly to the network of the operator must be able to be attached by all the customers Other networks open to the public (subject to possible restrictions on the routing of the applicant or requested, access to long distance, international ...).
1.3. International Undertaking
The operator complies with the rules defined by the ITU Convention, by the International Telecommunications Regulations, by the Radio Regulations, by international agreements and By the regulation of the European Community. It keeps the Minister responsible for telecommunications informed of the steps it takes in this area.
Chapter II
Terms of permanence, quality,
availability, and
2.1 access modes. Network and Service Continual Conditions
The operator must take the necessary steps to ensure ongoing and ongoing operation of the network and telephone service to the public. Remedy the effects of the failure of the system degrading the quality of the service for the whole or a part of the customers, within the shortest possible time.
The operator implements the necessary safeguards and redundancies to ensure a Quality and availability of satisfactory service.
2.2. Availability and quality of network and services
The operator shall implement the equipment and procedures necessary to ensure that the quality of service objectives remain at the level provided for by the standards in force, in Particularly in the ITU and the ETSI, especially with regard to availability rates and end-to-end error rates.
2.3. Network access modes
Client access to the network of the operator will be by direct connection of its terminal equipment to the operator's network or via another local loop operator.
The operator publishes the Specifications for the interfaces of its network under the conditions laid down in Decision 2000-329 of the Telecommunications Regulatory Authority of 5 April 2000. These specifications are sufficiently detailed to allow the design of telecommunications terminal equipment capable of using all the services provided by the corresponding interface.
The operator cannot object to the connection, to Its network, a compliant equipment.
complies with all equipment that has undergone a conformity assessment and complies with the essential requirements, specifications, markings and is accompanied by the information provided by Article L. 34-9 of the Postal Code and Telecommunications and by the texts taken for its application.
When a compliant equipment connected to a network open to the public causes serious damage to a network or disturbances Or an attack on the network or its operation, the operator shall, without delay, carry out all necessary technical checks and shall communicate the results to the Telecommunications Regulatory
. The integrity of the network and the proper functioning of the services, the Telecommunications Regulatory Authority may send a notice to the user of the terminal equipment concerned inviting him to take all measures to terminate the Disruption within a specified time frame. If, at the end of that period, that user has not complied with the formal notice, the Telecommunications Regulatory Authority requests the operator to suspend the supply of the service which uses the terminals at the origin of the Disruptions.
In the event of an emergency, and provided that an alternative is offered without delay to the user and without charge to the user, the operator may disconnect equipment when the protection of the network makes this necessary. Disconnecting. The operator shall inform the Telecommunications Regulatory Authority without delay.
Where non-compliant equipment is connected to the operator's network, the Telecommunications Regulatory Authority may, without prejudice to any Criminal proceedings, ask the operator to suspend the provision of the service to the user of the equipment concerned.
Chapter III
Conditions of confidentiality and neutrality with regard to the Messages and communications-related information
3.1. Respect for the secrecy of correspondence and neutrality
The operator takes the necessary measures to ensure the neutrality of its services in relation to the content of the messages transmitted on its network and the secrecy of the
To this effect, the operator provides its services without discrimination, regardless of the nature of the messages transmitted, and makes the necessary arrangements to ensure the integrity of messages.
Pursuant to section 1 of the Act On 10 July 1991 relating to the secrecy of correspondence issued by the telecommunications route, this secrecy may only be infringed by the public authority, in the cases and conditions laid down by law
To the knowledge of its staff, and in particular qualified staff, the obligations and penalties they incur under the provisions of the Penal Code, and in particular under Articles 226-13, 226-15 and 432-9 relating to the secrecy of the Matches.
3.2. Processing Personal Data
The operator takes steps to ensure the protection, integrity and confidentiality of the identity information it owns and processes.
In particular, The operator guarantees the right for every person:
-not to be mentioned on the lists of subscribers or published users. The operator shall ensure that this option is free of charge or, failing that, makes his or her exercise subject to payment of a reasonable and non-dissuasive sum;
-to oppose the registration on these lists of the full address of his or her home in the Extent to which the data available make it possible to distinguish this subscriber from his or her homonyms and, where appropriate, a reference to his or her sex;
-to oppose the use of the operator's billing data free of charge For commercial prospecting purposes;
-to prohibit, free of charge, identifying information from subscriber lists for use in commercial operations by mail, or by telecommunication, to The exception of transactions relating to the authorised activity relating to the contractual relationship between the operator and the subscriber;
-as well as being able to obtain free access to the identifying information and to require They are rectified, completed, clarified, updated or deleted.
The operator is required to exploit the personal data in accordance with the stated purposes. The operator may legitimately use, retain and, where appropriate, transmit to third parties the data collected in the course of its activity, for the purposes of the transmission of communications, invoicing and payment of services
The operator allows all of its customers to object free of charge, call by call or permanently, to the identification of their number or name by the position called. This function should also be proposed for communications made from public telephone booths. In addition, the operator shall implement a special scheme for the removal of this function for the reasons relating to the operation of the emergency services or the tranquillity of the call, in accordance with the regulations in force
Must include terms and conditions that allow, at the request of the subscriber to which the calls are transferred, to interrupt the call transfer.
When the operator relies on service marketing companies, the operator must ensure that Contractual relations with these companies, in accordance with its obligations concerning the conditions of confidentiality and neutrality with regard to the messages transmitted and the information related to communications.
3.3. Communications Security
The operator takes all necessary steps to ensure the security of communications through its network. It shall comply with the technical safety requirements, if any, laid down by the Telecommunications Regulatory Authority under Article L. 36-6. Within this framework and in confidence, the Telecommunications Regulatory Authority can communicate the arrangements made to secure the network.
The operator informs its customers of the existing services allowing, the case To enhance communications security.
Chapter IV
Network and Services Standards and Specifications
Network hardware, software, and installations, to The exception of those relating to the interconnecting interface for which the provisions of Chapter XII and equipment using frequencies for which the provisions of Chapter VIII apply, shall be freely established by The operator.
The operator prefers the use of current standards, including European standards.
The operator shall communicate to the Telecommunications Regulatory Authority, prior to their implementation and in accordance with the terms and conditions Defines, the detailed technical specifications for the network access interface.
The operator shall communicate to the Telecommunications Regulatory Authority, at its request, the standards to which the equipment it uses.
Chapter V
Protection of the
environment and sharing of
5.1 infrastructures. Health Protection
The operator respects the limit values that are not to be exceeded by the electromagnetic fields emitted by equipment used in telecommunications networks when the public is exposed to it, As defined by the decree of 12 ° of Article L. 32 of the Code of Postal and Telecommunications.
5.2. Environmental Compliance and Facility Sharing
The operator strives to share radio sites with other users of these sites.
5.3. Infrastructure in the public domain
Where the operator leases naked fibres on the public domain, the agreement defining the technical and financial conditions for such rental shall be communicated to the public at the request of the operator The Telecommunications Regulatory Authority.
Chapter VI
Requirements for
and Public Safety
In accordance with the directions of the Minister responsible for Telecommunications, responsible for the defence of the general operation of transmissions in accordance with Decree No. 93-1036 of 2 September 1993 on the organisation of telecommunications in the field of defence, the operator takes the measures Relevant, in particular in anticipation of the circumstances referred to in Articles 2 and 6 of Order No. 59-147 of 7 January 1959 concerning the general organisation of defence and in decrees No. 65-28 of 13 January 1965 on the organisation of the Civil defence and No 83-321 of 20 April 1983 on the power of the prefects in matters of non-military defence, for:
-ensuring the regular operation of its installations;
-protecting its installations, by means of appropriate measures, Against any aggression of any kind;
-ensuring the earliest possible implementation of technical and human resources capable of addressing the most serious consequences of failures, neutralization or Destruction of installations;
-be able to meet the needs for national defence and public security, including the implementation of the means requested by the territorial representatives of the State, within the framework of the Contingency plans;
-be in a position, in times of crisis or in cases of imperative necessity, to establish specially studied or reserved links for defence or public safety, in accordance with the technical and financial arrangements set out in Agreement with the services of the State concerned.
The operator shall respect the order of the priorities and the general conditions for the re-establishment of links relating more specifically to the services of the State and the bodies responsible for a Mission of public interest or contributing to public defence and security missions, which are the subject of a joint decision by the Ministers responsible for telecommunications, the interior and the defence
Instructions from the judicial, military or police authorities as well as those of the Minister responsible for telecommunications.
The operator shall establish and ensure the implementation of the means necessary for the application of Law No. 91-646 of the 10 July 1991 by the authorities empowered under the said Act. In this context, the operator designates qualified agents under the conditions described in Decree No. 93-119 of 28 January 1993 concerning the designation of qualified agents for the implementation of the physical operations necessary for the establishment Interception of correspondence issued by means of telecommunications authorised by Law No. 91-646 of 10 July 1991.
All the specific provisions adopted by the operator at the request of the State under the paragraphs In this clause are the subject of an agreement with the State which guarantees the fair remuneration of the operator for the studies, engineering, design, deployment and operation of the requested systems.
The operator takes the necessary steps to route emergency calls free of charge from public access points, subscription points and points of interconnection and to the public services loaded:
-from the backup Human lives;
-police interventions;
-fire fighting;
-from the social emergency,
to the competent center corresponding to the caller's location, based on the information and lists sent by State representatives in the departments. It does not receive any financial compensation from the State in this respect. The operator refrains from listing the numbers called as such.
Chapter VII
Operator's contribution to
search and telecommunications training
The operator must justify that it has contributed to the research and development and training missions in the field of telecommunications at a minimum annual amount of 5 % of the non-tax amount of its investments Infrastructure, equipment and telecommunications software for the activity of the previous year covered by the authorisation.
The operator satisfies this obligation by means of contributions in kind or by financial contributions to Research and development and training activities promoting the development of telecommunications in France, including a share devoted to cooperative or pre-competitive research.
The operator is free to distribute these sums, including It reports a posteriori. To this end, it presents to the Telecommunications Regulatory Authority and to the Minister responsible for telecommunications a summary specifying its promotions and grants and its work, studies, research, development and training In the field of telecommunications, in particular its actions with research organisations.
The Telecommunications Regulatory Authority may, at the request of the operator submitting a multi-annual plan, authorise the implementation of expenditure Corresponding over several years to ensure a more regular contribution over the entire duration of the authorization.
Chapter VIII
Use of
frequencies and royalties due to this title
The operator is authorized to use radio frequencies for the establishment and operation of its network subject to the provisions of Article L. 33-1 of the Postal Code and Telecommunications.
8.1. Allocation of frequencies
The decision to allocate frequencies by the Telecommunications Regulatory Authority, notified to the operator, shall specify the frequencies made available and, where appropriate, their Conditions of use.
8.2. Terms of use
In the framework defined by the Telecommunications Regulatory Authority, the operator may direct to the National Frequency Agency its requests for the assignment of frequencies in application Section R. 52-2-1 of the Postal Code and Telecommunications. In the channels allocated to it, the operator shall request the agreement of the National Frequencies Agency prior to the establishment of radio stations, where this agreement is required, pursuant to Article R. 52-2-1 of the Code. Positions and telecommunications. The operator shall forward the request directly to the National Frequency Agency and shall inform the Telecommunications Regulatory Authority.
At least once a year, the operator shall communicate a plan to the Telecommunications Regulatory Authority The use of the frequency bands assigned to it. This plan describes the current and future uses of these frequency bands, as well as proposed applications whose implementation involves the prior allocation of additional frequencies.
8.3. Usage,
management, and radio frequency control charges
The licensed operator pays fees for the use, management and control of radio frequencies Under the conditions laid down in the decree of 3 February 1993, as amended, in the light of the decisions on the allocation of frequencies by the Telecommunications Regulatory Authority to the operator.
Chapter IX
Numbering
9.1. Numbering Resource Allocation Modalities
The operator uses the numbering resources assigned to it under the conditions defined by the Telecommunications Regulatory Authority. The allocation of numbering resources to the operator and any change in this allocation shall be the subject of a decision of the Telecommunications Regulatory Authority which it makes public.
9.2. Royalties
The operator shall pay the charges due for the numbering resources allocated under the conditions laid down in the existing texts, in particular Article L. 34-10 of the Postal Code and Telecommunications and the decree of 27 December 1996 on charges payable for the management of the national numbering plan and control of its use.
Chapter X
Universal service and services Required
(For memory)
Chapter XI
Provision of information necessary for the
Constitution and the keeping of the list provided for in Article L. 35-4
The operator must provide all of its assistance within the framework of Continuous relations with the entity established by Article L. 35-4 for the proper performance of the tasks incumbent on the entity and shall in particular ensure the transmission of its list of subscribers and the quality control of the data transmitted
Transmission shall be carried out in accordance with the procedures and periodicity determined by the entity in relation to formats, uniform communication protocols and other technical arrangements, within the framework laid down in Article L. 35-4 and the texts taken for Its application.
Transmission is, in all cases, mandatory, including when the operator wishes to maintain a universal directory or a universal information service.
The communication focuses on the data required for Identify a specific subscriber and prevent confusion between different subscribers. It shall contain at least the following data: name and/or name, first name, address and telephone contact details.
Additional data collected from the subscriber on his application for listing in directories shall be Transmitted under the same conditions: in particular the names of the other users, subject to their agreement, or the profession of the subscriber.
The operator shall communicate to the entity, together with the information necessary for the Maintenance of the list referred to in Article L. 35-4, the elements enabling retrieval:
1 ° Subscribers who oppose:
-to the mention of personal information about them in a directory and to their communication to a service of Information (red list);
-registration of the complete address of their domicile or the indication of their sex on a directory, or the communication of this information to an information service;
2 ° Subscribers who prohibit The use of personal information about them in commercial transactions, the gathering of those subscribers who make up the orange list.
When the operator contracts with marketing companies Services, it must, in its contractual relations with these companies, ensure compliance with its undertakings with regard to the transmission by the latter of their list of subscribers under the same conditions.
Chapter XII
Interconnect:
rights and obligations 12.1. General provisions
Interswitching agreements concluded by the operator shall be communicated to the Telecommunications Regulatory Authority within 10 days of their conclusion.
Prior to implementation The interfaces are the subject of tests defined and carried out jointly by the two operators concerned. These tests are carried out on site if one of the parties so requests. In the event that the interswitching tests are not conducted under normal technical and time-frame conditions, either party may refer the interswitching tests to the Telecommunications Regulatory Authority.
Interconnect interfaces must Comply with the technical specifications adopted and published by the Telecommunications Regulatory Authority, pursuant to Article D. 99-8 of the Postal Code and telecommunications, with a view to ensuring compliance with the essential requirements
On request of the operator, data transmission network identification codes (DNIC) or semaphore point codes may be assigned to it by the Telecommunications Regulatory Authority, in Transparent and non-discriminatory conditions.
12.2. Provisions specific to operators on the
lists established pursuant to a and b of the 7 ° of Article L. 36-7
In the event that the operator appears on the lists established pursuant to the a and b From the 7 ° of Article L. 36-7 of the postal code and telecommunications, the specification will be amended to include the corresponding obligations, in particular to specify the conditions for the publication of its technical and tariff offer Interconnection.
12.3. Compliance with essential requirements
The operator takes all the measures, which it specifies in its interconnect agreements, necessary to ensure that the essential requirements are met, and in particular:
-the Network operation security;
-maintaining network integrity;
-interoperability of services, including to ensure end-to-end service quality;
-data protection, to the extent necessary for Ensure compliance with the relevant data protection provisions, including the protection of personal data, the protection of privacy and the confidentiality of the information processed, transmitted or
The operator identifies the steps taken to ensure that access to networks and telecommunications services is maintained in cases of network failure or force majeure situations.
When an interconnect with a Third parties seriously damage the operation of the operator's network or compliance with the essential requirements, the operator, after technical verification of its network, shall inform the Telecommunications Regulatory Authority. The latter may then, if necessary, authorise the suspension of the interconnection. It shall inform the parties and determine the conditions for its recovery.
Where the operator has entered into an agreement for interconnection with another operator, it shall be obliged to inform the parties at least equal to one year, unless otherwise agreed Or if the Telecommunications Regulatory Authority decides otherwise, changes to its network that require the interconnected operator to modify or adapt its own facilities.
Chapter XIII
Requirements for
to ensure fair competition
The operator shall make available to the Telecommunications Regulatory Authority the necessary information or documents enabling the latter To ensure, at its request, that fair competition is respected in the market or in the markets covered by this authorisation.
This chapter may be revised to take account of the evolution of the situation of the operator in the eye The conditions for the exercise of competition in the market or the markets covered by this authorisation. If requested by the operator, these changes may include a provision specifying a time limit at which they will apply.
Chapter XIV
Requirements to ensure Equal treatment of international operators in accordance with Articles III and IV of Article L. 33-1
The operator shall be required to respond, under the conditions laid down in Article L. 34-8, to requests for interconnection from Authorised operators in countries offering equal treatment.
Equivalence of treatment is translated into a country by the existence of market access and interconnection rights equivalent to those recognised by the French regulations. Equivalency of treatment shall be ensured in full law for countries belonging to the European Economic Area and, for other countries, shall be appreciated by the Minister responsible for telecommunications on the proposal of the Regulatory Authority Telecommunications, based in particular on international agreements in force.
For the carriage of international traffic originating in or destined for a country where the equivalence of processing is not ensured, the operator shall take all Provision to ensure that there is no discrimination between it and its competitors, in particular in the determination of the rates of return of traffic and of the allocation taxes applied by operators in that country. It shall inform the Telecommunications Regulatory Authority of any measures taken to that effect and any difficulties encountered in the search for this objective.
When:
-the operator routes telephone traffic International from or to countries where equal treatment is not provided, either directly or through a country outside the European Economic Area;
-and the Regulatory Authority of Telecommunications finds, for the telephone traffic between France and that country, that the equality of conditions of competition cannot be preserved for the benefit of other authorised operators,
the operator may be required, at the request of the Authority Regulation of telecommunications, to offer authorised operators, pursuant to Articles L. 33-1 and L. 34-1, access to the transmission and switching infrastructures used for the carriage of the traffic concerned, under conditions To restore equal conditions of competition. The provisions of Articles L. 34-8 and L. 36-8 shall apply to requests made by other operators and to agreements concluded within this framework.
The application of this clause shall be carried out in accordance with international commitments Subscribed by France.
Chapter XV
Requirements to ensure
interoperability of services
The operator complies in particular with the technical requirements established by The Telecommunications Regulatory Authority under the conditions laid down in Article L. 36-6 (3) of the Code of Posts and Telecommunications and applicable to the network and services provided on this network with a view to ensuring their interoperability. The operator also complies with the interconnection conditions defined in Chapter XII which ensure the interoperability of services.
Chapter XVI
Obligations to control
loads by The Telecommunications Regulatory Authority
The operator must provide the Telecommunications Regulatory Authority with encrypted elements relating to the operation of its network in the financial, commercial and commercial fields And techniques. In particular, it undertakes to communicate to the Telecommunications Regulatory Authority the following information:
Without delay:
-any change in the capital and voting rights of the authorised operator and, in the case of companies Quoted on the stock exchange, any threshold crossing declarations or changes to the members of the board of directors;
At least one month before implementation:
-change one of the elements in the application for authorization ;
-description of all services offered;
Before implementation:
-rates and terms and conditions of the offer;
A periodicity that will be defined by decision of the Telecommunications Regulatory Authority :
-traffic and revenue data;
-information on the qualitative and quantitative use of resources allocated by the Telecommunications Regulatory Authority, including frequencies and numbers;
-the information necessary for the calculation of contributions to the financing of the universal service;
-the data relating to the quality of service, in particular with regard to the relevant indicators enabling it to be assessed, and to the conventions Traffic routing signed with a French or foreign operator;
From their conclusion:
-all interconnection agreements.
When the operator contracts with marketing companies Services, it shall, in its contractual relations with these companies, ensure compliance with its commitments with regard to the information to be transmitted to the Telecommunications Regulatory Authority.
At the request of the Regulatory Authority Telecommunication motivated by the exercise of one of its competences, the operator provides other necessary information which is processed in accordance with the confidentiality of the business, and in particular:
-the contracts between the operator and the Distributors, resellers, or marketing companies;
-all non-road public domain occupancy agreements;
-infrastructure sharing agreements;
-contracts with customers;
-all Information necessary for the investigation by the Telecommunications Regulatory Authority of requests for conciliation in order to settle disputes between operators in accordance with the provisions of Article L. 36-9;
-contracts with Operators of third countries;
-any information necessary to verify compliance with the equality of conditions of competition, and in particular agreements or contracts concluded between the subsidiaries of the operator, the companies belonging to the same Group or industries of the operator distinct from those covered by this authorisation.
The Telecommunications Regulatory Authority may exercise control over compliance with the conditions of the authorisation. This control shall be carried out in accordance with the conditions laid down by the Postal Code and Telecommunications, and in particular Articles L. 32-4 and L. 36-13.
Chapter XVII
Fees for issuing, managing
and controlling Authorization
The operator must pay the file, management, and control fees whose amounts and terms and conditions are specified in the finance laws.
Chapter XVIII
Equal treatment and information for
18.1 users. Equal treatment
The service provided under this authorization as described in the operator's commercial offer is open to all those who apply for it in accordance with the terms and conditions of the The offer of the operator, subject to maintaining the quality of service as defined in Chapter II of this specification. To this end, the operator shall organise its network and service in such a way as to be able to satisfy, within suitable time limits, any reasonable demand for its commercial offer. Customers should be treated in a non-discriminatory manner.
18.2. User Information
The operator informs the public about:
-the general and contractual terms and conditions for providing the service provided under this authority, including those relating to the Quality of service;
-the rates of its offers, including tariff reduction formulas.
It provides this information, kept up-to-date, at its outlets, and by telephone or electronic means available in time
The operator communicates this information to the Telecom Regulatory Authority before making it known to the public.
18.3. Contracts
Contracts comply with the provisions of the Consumer Protection and Information Act of 10 January 1978 and do not contain a clause contrary to the Postal Code and Telecommunications or The arrangements made for its application.
Contracts with users for the provision of telephone service to the public specify at a minimum:
-general terms and conditions of supply, including time limits for supply and Technical characteristics of the service and the types of maintenance services provided;
-the compensation awarded by the operator to the user in the event of failure to comply with the quality requirements specified in Chapter II of this specification Charges;
-the recourse and compensation procedures available to the user in the event of damage suffered by the user, including the conditions for amicable settlement of disputes;
-the conditions for the discontinuance of service, in the case of unpaid invoices,
Each user shall receive the contracts entered into with the operator for the benefits they are subscribed to.
The contractual conditions shall be communicated, upon request, to the Regulatory Authority
18.4. Mode of marketing of the services offered
If the operator wishes to contract with service marketing companies, he must ensure, in the contractual relations with these companies, the Compliance with their obligations under the obligations of the operator provided for in this specification.
These companies may offer subscription contracts to the service of the operator, the latter retaining the responsibility of the operator. Providing the service to these subscribers.
Done at Paris, December 3, 2001.
Christian Pierret
