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Notice Of A Call For Applications For The Supply Of The Services Of The Expected Component Of The Universal Service Of Electronic Communications To The 2 ° Of Article L. 35 - 1 Of The Post And Electronic Communications Code

Original Language Title: Avis relatif à un appel à candidatures portant sur la fourniture des prestations de la composante du service universel des communications électroniques prévue au 2° de l'article L. 35-1 du code des postes et des communications électroniques

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JORF No. 21 of 25 January 2007 Page 1471
Text No. 118


NOTICE
Notice concerning a call for applications for the provision of the benefits of the universal service component of electronic communications provided for in 2 ° of l' Article L. 35-1 of the Postal Code and of the Electronic communications

NOR: INDI0709654V ELI: Not available



The call for applications, which is the subject of this notice, relates to the expected component Article L. 35-1 of the postal code and electronic communications.
This component relates to the following two benefits:
-the provision to all of a universal information service;
-the making available of all A universal directory of subscribers, in printed and electronic forms, in accordance with the provisions of Article L. 35-4 of the same code.
Following this call for applications, the Minister responsible for electronic communications may designate a Or two operators responsible for providing these benefits, according to the legislation that will then be in force.
This call for applications is composed of two parts:
-the first part relates to the main provisions Applicable to the provision of the benefits of the universal service component of electronic communications provided for in 2 ° of Article L. 35-1;
-the second part relates to the general conditions of designation of the operator (s) To provide these benefits.

  • PART I Main Provisions Applicable to the Provision of Benefits of the Universal Service Component of Electronic Communications Under Article L. 35-1 of the Code Electronic Communications and Positions



    The provisions of this first part correspond to the minimum requirements That any corporation that will respond to this notice of call for applications must commit to respect. These minimum requirements can be supplemented by additional commitments made by any selected candidate to enrich the universal service offering at an affordable price.


    1. Definition


    The terms used in this document have the same meaning as in the postal code and electronic communications, unless otherwise specified. The articles cited are derived from the postal code and electronic communications, unless otherwise indicated.


    2. Obligations related to the provision of benefits


    The benefits of the component provided for in the 2 ° of Article L. 35-1 are proposed and available on an ongoing basis throughout the geographical field covered by the postal code. And electronic communications, in accordance with the principles of equality, continuity and adaptability.
    The universal information service and the universal directory of subscribers to the telephone service to the public, fixed or mobile, in forms Shall be provided under the conditions set out in Articles L. 35-4 and R. 10 to R. 10-11.


    3. Quality of service


    For the universal information service, compliance with the quality obligation is measured by the following three indicators:
    -the indicator set out in Annex III to Directive 2002 /22/EC of the European Parliament and the Council of 7 March 2002 on universal service and users' rights with regard to electronic communications networks and services (Directive ' Universal service ") ; this metric measures response time For services by standard; it is the percentage of calls to information services for which a switchboard responds in less than 20 seconds after the call to the information centre;
    -the rate of calls Served measure the availability of the service;
    -the accuracy rate of the answers
    The obligation of quality will be fixed in accordance with the commitments entered into by the operator in his application without being inferior to the first Indicators at 75 %, for the second indicator at 99 % and for the third indicator at 88 % on the basis of the calls served.
    For the universal directory, the quality obligations are measured by the indicators for:
    -la Availability and timeliness of the electronic directory;
    -the distribution of the paper directory.
    The nature of these indicators and their minimum value will be determined in terms of the commitments made by the candidates In their application files.
    The operator or operators designated to provide the services shall communicate to the Minister responsible for electronic communications and publish annually the value of the quality of service indicators


    4. Persons with Disabilities


    Directory and information services take into account the needs of persons with disabilities. The operator designated to provide the information service must in particular provide subscribers who are unable to access the universal directory because of their visual impairment free access to the service it offers.


    5. Geographic Equalization of
    and Affordable Rates


    Directory and information rates are consistent with the principle of equality. They are affordable and cost-oriented. These tariffs shall be subject to the conditions laid down in Article L. 35-2. Without prejudice to the provisions of this Article, any tariff change shall be communicated to the Minister responsible for electronic communications and to the Electronic Communications and Regulatory Authority, at least one month prior to its implementation Application.


    6. Consumer Tariff Information


    This information must be clear and made by any appropriate means, including voice messages for the information service and display on screen For the electronic directory.


    7. Duration of the designation of the operator (s)


    Without prejudice to the provisions of Article L. 35-8 and in accordance with Article R. 20-30-12, this term shall be fixed at two years from the date of publication of the Designation.


    8. Amendment of universal service obligations


    In the event of any change in the universal service obligations of this notice, during the period of designation provided for in the preceding paragraph, these amendments shall The subject of consultation with the operator or operators concerned in order to be included in their specifications. If these amendments are substantial, a new call for applications will be issued

  • PART II General conditions of the procedure for designating the operator (s) responsible for providing the benefits of the Component of the universal service provided for in item L. 35-1 of the electronic communications and postal code



    This Designation procedure takes place in three phases and according to the schedule described below.
    First phase:
    Constitution and filing of applications: from the date of publication of this notice to February 12, 2007 (deadline for filing) Files).
    Second phase:
    Review of applications and selection of operator (s): 12-25 February 2007
    Third phase:
    Consultation with CSSPPCE and publication of the Ministerial Designation Order: March 3, 2007.
    This is a forecast schedule.
    This section describes the general conditions for each of these phases.


    FIRST PHASE
    1. Constitution and filing of applications


    Application files may include:
    -the provision of the universal information service;
    -on the provision of a universal directory Subscribers, in printed and electronic forms;
    -either on the assumption of these two benefit categories.
    In the latter case, the candidate will distinguish between the two benefits in question.
    Each application file Must be read in French, in its entirety, including the annexes.
    The application package must contain all the information listed below, in accordance with the order of the paragraphs.


    1.1. Information about the candidate


    The candidate will provide the following information about the candidate:
    (a) Identity (name, legal form, head office, proof of registration in the trade register and Corporate or equivalent, statutes, board of directors, shareholders' pact, pre-emption rights, veto power, executive appointment authority);
    b) Share ownership;
    c) Annual social accounts of both Last fiscal years (audited and certified balance sheets and accounts);
    d) Description of current industrial and commercial activities, particularly in the field of electronic communications; activity reports of the last two Exercises can be usefully provided.


    1.2. Service Delivery Commitments


    a) Description of service provided:
    The applicant will specify the offer by which it intends to meet the obligation to provide the benefit of the universal service component
    The candidate will describe the technical means available to him to provide the benefit (s). In particular, it will describe the means it intends to implement in order to ensure that subscribers of the universal directory are made available in paper form. It will also specify the measures it intends to take to guarantee the permanence and availability of the service, the human resources (number of people, qualifications, organisation, location ...) And techniques that it intends to implement to ensure the deployment and the technical and commercial operation of the service.
    b) Rate Offer:
    The candidate will indicate the level and method of calculating the rates that he or she is considering. Practice.
    On the basis of the rates applicable to communications, the operator shall provide an average price for communications in respect of the universal service of the electronic directory, if any, by type of communication, with this Information about the set of parameters used to calculate this average price: allocation of calls by duration, distribution of calls by time range, average duration of communication by time ranges for types of communications.
    c) Net Cost of Service:
    The candidate will present an assessment of the net cost of the service rendered eligible for the universal service fund.
    This evaluation will be provided in both paper and electronic form In order to allow an audit of the consistency of the advanced cost with the calculation methods set out in Articles R. 20-31 et seq. Of the postal code and electronic communications. Assumptions and quantitative data provided by the candidate will be explained. The link between the service assumptions (evolution of prices and volumes) and the net cost of the universal service will have to appear.
    d) Relations with the users of the service:
    The candidate will present the structure of his network Sales, especially for telephone enquiries. It will indicate which human resources (number of people, qualifications, organisation, location, etc.)) Will be implemented. It will specify how it intends to inform users of the applicable tariffs and what the price list will be in real time of the price list by an electronic means. The candidate will provide guidance on the means by which he will publish an assessment of the values resulting from the application of the quality indicators provided for in the first part of this document. For the universal directory, it will specify its terms of distribution in paper form to subscribers.
    e) Quality of service:
    The applicant will specify its results objectives in relation to the quality obligations and indicators cited in the The first part of this notice and the means used to achieve it.
    f) Measures taken in favour of disabled end-users:
    The candidate will present the measures he will take in order to enable disabled persons Access the service as described in 2 ° of Article L. 35-1 under conditions equivalent to those of other users.


    2. Tabling of applications


    Each file must be sent in six copies, divided into four paper copies and two electronic copies (CD-ROMs or diskettes).
    In addition to the items listed in this notice, each file must be accompanied by a letter of transmittal, signed by a person authorized to hire the applicant.
    Application files must be filed, against receipt, before the January 25, 2007, at 12 noon, local time, at the CEO, 12 Villiot Street, 75012 Paris.
    In the event of a mail or a carrier posting, applications will have to arrive before the same date and time.
    Any candidate who does not respect The above formalities will be rejected by the administration.


    SECOND PHASE
    Examination of applications and selection of a
    operator 1. General description of the procedure


    As of January 25, 2007, application files will be reviewed.
    The accuracy of the candidates' commitments will be a factor in assisting the Minister's services. In order to assess the consistency of each project.
    To this end, questionnaires may be sent to candidates in order to obtain Clarification of certain aspects of their offers.
    The successful candidate will be the one who will present the offer that is best suited to ensuring a quality universal service at an affordable price.
    In the first stage (1st stage), the offers will be Ranked and rated according to weighted criteria that will be listed below.
    In a second step (Step 2), the administration will select the selected candidate (s) from the applicable legislative framework.


    2. First step: ranking
    offerings from weighted criteria


    A ranking of applications will be made:
    -for the provision of information services;
    -to make the directory available ;
    -for applications for both benefits.
    These applications will also be ranked for each benefit.
    Each application, whether it relates to the information service or the provision of The directory or the two benefits will be the subject of a global note. It will be the sum of the marks awarded to the candidate against each of the selected selection criteria. Six criteria will be considered for an overall score of 390.
    The selection criteria and their scoring mode will be as follows:


    You can view the table in OJ
    No 21 of 25/01/2007 text Number 118



    The selection criteria are defined as follows:
    a) The ability of the operator to provide service:
    This criterion is appreciated in the light of the technical and human resources put in place Work.
    b) Rate Offer:
    Affordability of rates will be reviewed.
    c) Net Cost of Service:
    This is the cost, if any, of compensation for the universal service fund.
    d) Relationships with the Service users:
    The quality of the relationship with the users of the service will be appreciated through the operational structure for dealing with the customer relationship (organization of the information service in particular) and the means Implemented to inform users about the price and quality of services.
    e) Quality of service:
    The quality of the service offered will be assessed in terms of the means that will be implemented so that everyone can benefit from benefits (directory and information service) and commitments made in relation to quality indicators and obligations.
    f) Taking into account the needs of persons with disabilities:
    This criterion will be appreciated in the light of nature and price Services for persons with disabilities.


    3. Second step: designating the operator (s)


    In view of the marks assigned to the candidates and the legal framework then applicable, one or two operators will or will be likely to be designated.
    For this purpose and in A concern for transparency, candidates will be informed of the mark they have obtained in the previous stage and the option chosen for the legal framework of the designation.
    If, at the time of this designation, the current legislative framework remains in place In force, only one operator will be appointed to take over all the benefits of the component provided for in Article L. 35-1. However, candidates who have made an offer for only one of these benefits will have the opportunity to propose to the administration a joint application with another candidate. The information on the ranking of the candidates will allow them to know whether such a reconciliation is useful.
    These new applications will then be marked and compared to those for the whole component. The best application will be considered.
    If, at the time of the designation, the current legislative framework is amended and allows for the designation of an operator for each benefit, the candidates who have submitted tenders for the whole of the Directory component and information will indicate, with respect to their ranking for each benefit, if they maintain their application.
    The two candidates with the highest score will then be designated.
    In case of equality of Notes assigned to two or more candidates, regardless of the option selected under the legislative framework, these will be shared as follows:


    You can view the table in the OJ
    No 21 of the 25/01/2007 text number 118


    The successful candidate will be the one with the highest overall score of 300.
    In the event that the successful candidate decides not to offer benefits In accordance with the provisions of Article L. 35-2 of the Code of Posts and Electronic Communications, in the case of a universal service, the candidate with the highest possible rating, in the order of the established classification, shall be
    . The call for applications is unsuccessful, the Minister responsible for electronic communications designates an operator capable of providing the service at issue throughout the national territory.
    In view of all the applications, if possible Designation of an operator on one or two of the services concerned does not provide any additional improvement or guarantee in relation to the free play of competition, the Minister responsible for electronic communications may also take the Decision not to designate an operator for one or two of the benefits in issue.


    THIRD PHASE
    Advisory procedure and appointment by the Minister


    One or two formalizing specifications The rights and obligations of the designated operator (s) will be or will be developed.
    In accordance with the applicable legislation, these specifications will be or will be submitted for opinion to the Senior Public Service Commission Electronic Communications and Communications (CSSPPCE). It may be the subject of development following this consultation.
    The operator will be consulted on the draft terms of reference concerning it and, where appropriate, any changes that may be made to it following the consultation process. CSSPPCE.
    This operator will then be designated by the Minister responsible for electronic communications


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