Key Benefits:
Telecommunications Regulatory Authority,
Due to Act No. 2003-1365 of 31 December 2003 on public service obligations for telecommunications and France Telecom;
Seen Act No. 2004-669 of 9 July 2004 on electronic communications and audiovisual communication services;
Given the code of electronic communications and postal services, and in particular Articles L. 32 (15 °), L. 35-3 and R. 20-31 to R. 20-39 In their drafting of Decree No. 2004-1222 of 17 November 2004 on public service obligations and the financing of the universal service of electronic communications and amending the code of electronic communications;
Having regard to Decree No. 2002-159 of 8 February 2002 fixing the rate of legal interest for the year 2002;
In view of the decree of the Secretary of State for Industry, dated 4 February 2002, fixing the monthly amount of the tariff reduction for 2002 Telephone for certain categories of persons under the Universal Telecommunications Service;
In view of the Secretary of State's decision of 4 February 2002 fixing the maximum amount of appropriations for the year 2002 Available by department for the handling of telephone debts;
In view of the Secretary of State's decision of 21 December 2001 fixing the rate referred to in Article R. 20-37 of the Postal Code and Telecommunications Used for the forecast evaluation corresponding to the universal service obligations for the year 2002;
In view of Decision No. 2004-1067 of the Telecommunications Regulatory Authority of 15 December 2004 proposing the value Final of the rate of remuneration for capital for the year 2002, as provided for in Article R. 20-37 of the Postal Code and electronic communications;
In view of Decision No. 2004-1066 of the Telecommunications Regulatory Authority, dated 15 December 2004, publishing the rules for the application of the methods referred to in Articles R. 20-33 to R. 20-39 of the postal code and electronic communications for the calculation of the final cost of the universal service for the year 2002;
Decision No 2004-1027, dated 25 November 2004, adopting the notice of declaration of the relevant turnover for the calculation of the final contribution to the universal service fund for the year 2002;
In view of Decision No. 2004-599, dated On 22 July 2004, establishing the forecast evaluation for the year 2002 of the cost of the universal service and the contributions of operators and laying down the rules employed for this evaluation;
In view of Decision No 2001-1145 of the Authority of Regulation of telecommunications, as of 30 November 2001, proposing the estimates of the cost of the universal service and the contributions of operators for the year 2002 and laying down the rules employed for this evaluation;
Decision 2002-329 of the Telecommunications Regulatory Authority, dated 23 April 2002, proposing the corrective assessments of the cost of the universal service and the contributions of operators for the years 1997 to 1999 and proposing a Modification of the forecast evaluation of the cost of universal service and the contributions of operators for the year 2002;
In view of the Council of State Decision No 250608-250613 of 18 June 2003;
In view of Opinion No. 2000-459 of the Authority Regulation of telecommunications, dated 17 May 2000, relating to Kertel's request to propose social tariffs;
In view of Opinion No. 2000-531 of the Telecommunications Regulatory Authority, dated 9 June 2000, on tariff decision No. 00086E on the request by France Télécom to propose social rates and to delete the subscription " Low-consumption line " De France Télécom;
In view of Opinion No. 2002-308 of the Telecommunications Regulatory Authority, as of On 3 April 2002, concerning the request by Kertel for the withdrawal of social tariffs as from 1 May 2002;
After deliberation on 21 December 2004,
I. -Introduction
I-1. The financing mechanism for the universal service
Law n ° 2003-1365 of 31 December 2003, published in the Official Journal of 1 January 2004, on the public service obligations of telecommunications and France Telecom has changed the key to the apportionment of the cost of the universal service between contributors, provided for in Article L. 35-3 of the Postal Code and Telecommunications, which was subsequently amended by Law No. 2004-669 on communications Electronic and audiovisual communication services, published in the Official Journal of 10 July 2004. The same Article provides that the new allocation key shall apply from the final evaluation of the year 2002 and shall postpone the calculation deadline initially set to 30 April 2004.
The methods for calculating this net cost shall be fixed by the Articles R. 20-31 to R. 20-39 of the Postal Code and Electronic Communications, in their drafting of the above-mentioned Decree of 17 November 2004. These methods are specified by rules which, in accordance with the provisions of Article R. 20-40 of the Code of Posts and Electronic Communications, must be published in advance by the Authority; this obligation has been fulfilled by the Publication, on 16 December 2004, of Decision No. 2004-1066 above.
The purpose of this Decision is to assess the final net cost of universal service obligations for the year 2002. This assessment is made on the basis of the provisions of the Code as amended by Decree No. 2004-1222 referred to above, which makes changes in the methods of calculating the cost of universal service. These amendments were mentioned in the public consultation on the draft rules for the application of Articles R. 20-33 to R. 20-39 of the Code of Posts and Electronic Communications, launched on 2 December 2004 by the Authority. These include the removal of non-profitable subscribers from profitable areas and the consideration of indirect revenues from services such as ISDN or leased lines.
The rules for calculating cost 2004-1066 of 15 December 2004, published on its website on 16 December 2004 and in the Official Journal on 19 December 2004.
I-2. The procedure followed by the Authority
By letter dated 19 February 2003, the President of the Authority asked France Télécom for the information necessary to establish the cost estimates for the components of the Universal service for the calculation of the final cost of universal service for the year 2002. France Télécom provided the corresponding information on 21 March and 2 April 2003.
Moreover, the accounts of France Télécom used for the calculation of the net cost of universal service obligations were audited by an agency Appointed by the Authority in Decision No. 2004-218 of 26 February 2004, pursuant to Article L. 35-3 of the Postal Code and electronic communications. The audit examined the cost and revenue data of the services taken into account in the evaluation of the cost of universal service obligations, as well as on the methods of data collection relating to network characteristics and trafficking, From the information system of France Télécom. The corresponding audit report was submitted to the Authority on 15 June 2004.
In parallel to this work, the Authority carried out a notice of the relevant turnover for the calculation of the final contributions to the service fund For the year 2002. This notice of declaration has been the subject of much discussion between the Authority and the players in the sector, before it is adopted by Decision No. 2004-1027 of 25 November 2004. The Authority has also carried out an external audit of the declarations of the business figures for the electronic communications services of the operators contributing to the universal service fund for 2002, which were used to determine the Contributions by these operators to the universal service fund. This review dealt with the statements made by 35 contributing operators. The report corresponding to this mission was submitted to the Authority on 15 December 2004.
Finally, the Authority evaluated, in its Decision No. 2004-1067 of 15 December 2004, the final value of the rate of remuneration for capital for 2002, provided for by Section R. 20-37 of the Electronic Communications and Position Code.
II. -Evaluation of the net costs of the components of universal service
II-1. Evaluation of the net cost of the rate equalization obligations
corresponding to geographic equalization obligations
The net cost of this component is estimated according to the methodology set out in Article R. 20-33 of the Electronic communications and positions. It is equal to the sum of the relevant net costs in unprofitable areas that would not be served by an operator acting under market conditions.
Net Cost Assessment Template for Unprofitable Areas
As stated in its decision No. 2004-1066 of 15 December 2004, the Authority maintained for the year 2002 the choice of a cutout in local distribution zones. The Authority has therefore used a model representing the economy of the network of France Télécom with 35 classes of local distribution zones characterised by their population density.
The model reflects the behaviour of an operator who Develops the network from the most profitable areas, assumed to be those of higher population density. For each class of local area, a net cost shall be shown where the additional cost incurred by the operator to serve this category of local area is greater than the direct and indirect revenue withdrawn by the service
It was populated by the cost and revenue data recorded in 2002 and supplied by France Télécom.
The model is also based on the rules adopted by the Authority in its decision of 15 December 2004 As a result of the public consultation carried out from 2 to 10 December 2004.
The final net cost of unprofitable areas for 2002, before taking into account the intangible benefits, is EUR 164.060 million, representing 2,067 588 subscribers located in areas with an average of less than 25 inhabitants per square kilometre.
In its Decision No. 2004-599 above, this cost was estimated at EUR 252.5 million for 2002, of which EUR 56 million was As unprofitable subscribers in profitable areas.
II-2. Assessment of the net cost of the obligation to offer specific rates
to certain categories of subscribers to provide them with access to the telephone service
The Authority had selected a cost estimate for this Component of EUR 132.78 million, or 0.5 % of the turnover of the telephone service to the public, valued at EUR 26.52 billion; the Authority had not, in fact, fixed the estimated amount of this component to the ceiling specified by Article R. 20-34, but to a forecast value of 0.5 % of the turnover of the telephone service to the public, compatible with that same article and consistent with the statement made, on 30 November 2001, on the operation of this device.
Reducing the Telephone Invoice
The offer of specific rates under R. 20-34 was implemented as of July 1, 2000. Potential beneficiaries, who receive a certificate sent by their social organization (National Family Allowances Fund, National Union for Employment in Industry and Commerce or Caisse centrale de mutualité sociale agricole), the Return to the service provider of the tariff reduction if they wished to benefit from the scheme, indicating their choice among the operators providing the service, Kertel and France
. Telephone subscription of up to EUR 4.84 excluding taxes. As for Kertel, it proposed a telephone consumption credit of 33.2 F (5.1 EUR) per month. In the context of the evaluation of the net cost of the universal service, the amount taken into account for the compensation of operators is EUR 4.21 per month and per beneficiary, in accordance with the order of the Secretary of State for Industry dated 4 February 2002.
In December 2002, 624,061 beneficiaries benefited from the telephone tariff reduction, which represented, for the year 2002, a total amount of EUR 31.511 million.
Article R. 20-34 of the Postal Code and of the Electronic communications specifies that " The amount of compensation paid to each operator by the universal electronic communications service fund shall be equal to the net cost of the tariff offer plus the management costs incurred By the managing bodies and by the provider responsible for the management of the tariff reduction scheme on behalf of the operators. "
These management costs amount to EUR 3.119 million. These fees correspond to the management costs of the social organizations for 2002 and to those of the managing body of the tariff reduction for 2002. They correspond to the costs of postage of the certification and to the staff of the employees of the social agencies and the manager of the tariff reduction scheme.
Debt management Phone
The amount of telephone debt support amounts to EUR 1.046 million for the year 2002, based on the figures provided by France Télécom.
The figures available to the Authority On the part of the departmental commissions show that in 2002 they accepted close to 13,000 files.
Summary
In total, as part of the final cost for 2002, the Net cost of the social rate component, before taking into account the intangible benefits, amounts to EUR 35.676 million.
This net cost is within the ceiling of 0.8 % of the turnover of the telephone service to the public of the year, According to article R. 20-34 of the code.
II-3. Assessment of the net cost of obligations to provide service to
in public domain telephone booths
The evaluation of this component is established in accordance with the rules adopted by the 2004-1066 of the Authority and from the operating accounts of the publishing activity and the number of publications by commune, information provided by France Telecom and audited.
The final net cost of this component For the year 2002 is EUR 20.927 million before taking into account the intangible benefits. It corresponds to the taking into account of 27,731 cabins in the 24 752 communes for which the number of cabins is equal to the norm defined by Decree n ° 2004-1222 of 17 November 2004 above and for which the publishing activity is
This figure is close to the forecast evaluation of this component, which stood at 24.05 million euros.
II-4. Assess the net cost of obligations corresponding to the
provision of an information service and a subscriber directory in printed and electronic form
The scope
Out-of-product and non-product calls " Pages Yellow ", component" Directories and Information Services " Is a loss of € 96 million.
Induced calls
Wanadoo's 2000 Activity Report indicates that the Printed directories " White Pages " And " Yellow Pages " Are consulted respectively 69 and 54 million times a month, that the 3611 directory is at least 41 million times a month; the 2001 report indicates that the site " Pagesjaunes.fr " Fact The subject of 10 million visits per month.
From data provided by France Télécom, the Authority considers that a consultation of the products " White Pages " Or " Yellow Pages ", in printed or electronic form, or a visit to the site" Pagesjaunes.fr ", generates a call in 40 % of cases, which represents a total of 76 million euros of net profit related to the induced calls, once taken into account the fact that certain calls have gone on alternative networks of that of France Telecom.
Products " Yellow Pages "
Wanadoo's 2002 Management Report indicates that directory revenues generate revenues of € 880.4 million, and the operating result Directories and services for professionals represents € 273.2 million. The perimeter of this segment is a bit wider than that of the " Yellow Pages " In France as it also covers directory activities abroad, in particular in Spain.
The evaluation of the net cost of the Component
It follows that after taking account of the induced calls and products " Yellow Pages " The component " Directory and Information Service " Is payee.
As a result, the net cost of the Component is null.
II-5. The Assessment of the Induced Benefits of Being a Universal Service Operator
In application of section R. 20-37-1 of the Electronic Communications and Position Code, the intangible benefits include:
-the Technical and commercial benefit resulting from the scope of the network, in relation to an operator acting in the market conditions, for the connection of new subscribers;
-the benefit linked to the improvement in the time of capacity Subscribers benefiting from the universal service;
-the profit from the operation of subscriber data, for market knowledge;
-the profit derived from the brand image associated with the operator position of
The Authority has carried out work on the intangible benefits since 1998:
-in particular in 1999 it defined a method for assessing the advantage of the brand image;
-following the judgment of the Court of Justice of the European Communities, it assessed all the intangible benefits for the final years 1998, 1999, 2000, 2001 and forward 2002.
It also took note of studies conducted by firms on behalf of AFORS or France Télécom, and has carried out an international review of evaluations in this area.
The following table presents the main results:
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The Authority recalls that it had retained, for the year 2001, EUR 87.5 million in respect of the image of the mark and EUR 10.7 million for the purposes of The life cycle effect, the other benefits being assessed at zero.
These factors led the Authority, in the context of this decision, to give priority to continuity in the use of the methods it had already employed. In this spirit, it has updated its previous evaluations.
It will then, in consultation with the sector, focus further on the methodology for evaluating these benefits.
Technical benefit and Trade resulting from the extent of the network (ubiquity-related effect)
The technical benefit is taken into account in the calculation model of the cost of geographic equalization, by moderation in avoidable costs (cf. Decision N ° 2004-1066).
As a result, there is no need to take this advantage into account again and in isolation.
France Télécom can withdraw a commercial advantage of its universal service operator status when a subscriber moves from a Unprofitable zone to a profitable zone: this subscriber will contact France Telecom more easily because he knows that France Telecom is present. However, this advantage is primarily related to the fact that France Telecom is the dominant incumbent or incumbent operator rather than its status as a universal service operator.
International evaluations also go in this direction: Italy Evaluates to zero for 2001 and the United Kingdom indicates that this benefit is negligible.
The Authority evaluates to 0.310 million euros the benefit of ubiquity.
The benefit of improvement over time Economic capabilities of
subscribers benefiting from the universal service (life-cycle effect)
A market operator may want to connect an unprofitable area or phone today, In anticipation of the future evolution of its cost and revenues.
Revenues from the phones are declining steadily, due in part to the development of mobile telephony and will likely continue to decline. An uneconomic payphone in 2002 is likely to be even more timely. Therefore, the advantage over time in the economy of unprofitable publications is zero for the year 2002.
With respect to the zones, this effect can be taken into account by projecting total costs and revenues over a horizon Five years of study: should not be considered as uneconomic as the areas that are in the study period. In other words, the life cycle benefit is equal to the net cost of those areas that are not profitable in the year under review, but which are cost-effective over the entire period.
The assumptions for cost changes and Revenues taken into account by the Authority for the period 2002-2006 are: stability of local network costs and subscriber management costs, decrease of 2 % per year of volume " Intra-ZLE " And volume " Extra-ZLE ", down 1 % per year Revenue per line, a decrease of 5 % per year in general network unit costs. The evolution of the volumes results from a global increase of all operators combined and the loss of market share of France Télécom.
Under these assumptions, the density class between 20 and 25 inhabitants per square kilometre, representing 721 000 unprofitable lines in 2002, becomes profitable over the period 2002-2006.
It is therefore not appropriate to take this class into account in the evaluation of the cost of the universal service 2002. Specifically, the net cost of this class, EUR 8.216 million for 2002, represents the effect of the life cycle for 2002 and must be deducted from the 2002 cost of unprofitable areas.
Operating profit Data relating to subscribers
The advantage taken by France Télécom of the data available to it can be taken into account only in so far as this data relates to unprofitable areas.
The Authority assesses EUR 0.920 million the profit from the operation of subscriber data for 2002.
Profit from the brand image associated with the universal service operator position
The evaluation of the benefits derived from the brand in 2002 was based on a methodology developed by the Authority, which is based on the results of the survey conducted by a survey institute at the end of 2000. Applied to the turnover of France Télécom on the residential segment, this methodology values the advantage, in terms of brand image, of € 86.228 million that France Telecom withdraws from its status as a universal service operator in 2002.
These estimates are consistent with those of other European regulators who had to estimate it. In Italy, for example, AGCOM evaluated the benefit of the recognition of the trade mark to EUR 25.3 million in 2001. In the United Kingdom, OFTEL evaluated this advantage in 1999 at 50 million pounds (approximately € 80 million) per year.
The Authority has had two alternative studies developed by the sector:
A study carried out by a law firm Consultants and take-over by a number of alternative operators results in an assessment of EUR 91 million using a methodology different from that developed by the Authority since it assesses the benefit of the recognition of the Brand (advertising on invoices and directories, logo on cabins ...) ;
A study carried out on behalf of France Télécom resulted in an assessment of EUR 11.9 million. France Telecom's methodology requires, like the ART methodology, a subscriber survey. However, in contrast, this survey allows to estimate a percentage of the number of rows that is applied to a net result (rather than an overprice applied to a turnover). A synthesis of this study was presented to the ART on 17 March 2003.
The Authority did not further develop the methodology of the first study, since it was different from the methodological point of view and gave a result close to the figure
the case of the study carried out for France Télécom resulting in a lesser evaluation, the Authority has identified, on the basis of the available evidence, some questionable methodological issues. In particular, it questions the mechanical use of the net result. This method, for example applied to a market with a null result, necessarily leads to a profit related to the zero-mark image.
Balance Sheet
In total, the amount of intangible benefits is Figure at EUR 95.674 million, which is divided as shown in the following table:
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II-6. Summary
The table below shows the cost of the universal service by component, without and accounting for intangible benefits:
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II-7. Clearing mechanism
The cost of universal service, intangible benefits deducted, is relatively stable over the last years (EUR 129 million in 2000, EUR 142 million in 2001 and 125 million in 2002).
The Authority's calculation model shall, on the one hand, deduce the material benefits (in particular, profits from additional services such as ISDN, leased or leased services). Yellow Pages " ...) and, on the other hand, the intangible benefits associated with the Provision of universal service obligations. Once these elements are taken into account, the value obtained corresponds to the load actually borne by the operator taking into account the demographic and geographical specificities of the French market.
It rises for the year 2002 to 124,989 EUR million.
The Authority considers that the compensation mechanism should be implemented in accordance with Article L. 35-3 (III) of the Code.
II-8. Management Fees
Previous contributions are increased by the management fees of the Caisse des depots et consignations, which, for 2002, amounts to 24,264 euros all charges included.
II-9. Impai
Article R. 20-39 of the Postal Code and Electronic Communications states that " in the event of a failure of an operator, and if the sums due by that operator are not recovered within one year from the date of the Failure as referred to in Article R. 20-43, they shall be charged in the financial year following that finding on the accounts of the other operators pro rata by each calculated in the manner described above, and paid in the same way
Authority has identified among the outstanding payments on the 2001 final year those that could not be collected directly from contributors to the universal service fund in respect of the 2001 financial year. For the financial year 2001, the Authority thus identified a total of non-recoverable unpaid amounts of EUR 331 110. This amount increases the contributions of operators for the year 2002.
III. -Distribution of contributions between operators
It is recalled that the full cost of the universal service for the year 2002 is financed through the universal service fund.
Operators have, for In the first year, communicated to the Authority their sales figures for electronic communications services, in accordance with Article R. 20-39 of the code.
These values are used to determine, for each operator, its Net contribution to the universal service fund.
III-1. The key change in the distribution of the cost of the universal service between contributors
The new wording of Article L. 35-3 of the postal code and electronic communications provides in the second paragraph that: " The The contribution of each operator to the financing of the universal service shall be calculated on the basis of its turnover in respect of the electronic communications services, excluding the one achieved under the interconnection benefits And access subject to the conventions defined in Article L. 34-8 and the other services performed or invoiced for the accounts of third-party operators ". The same article states that this new distribution key applies as from the final evaluation of 2002.
Decree n ° 2004-1222 of 17 November 2004 on public service obligations and the financing of the universal service Electronic communications and amending the code of posts and electronic communications, published in the Official Journal of 19 November 2004, lays down detailed rules for applying the new legal regime applicable to the calculation of the cost of the service
Thus, Article R. 20-39 of the amended Postal and Electronic Communications Code states that: " Operators who contribute to the universal service fund are the operators of networks open to the public and the Providers of electronic communications services to the public.
The contribution of each operator to the financing of the universal service is calculated in proportion to its turnover in communications services Electronic, excluding:
1 ° Revenue achieved under the interconnection and access benefits covered by the agreements defined in the I of Article L. 34-8 and the other services performed or invoiced for the account Third-party operators;
2 ° Revenue achieved for the carriage and distribution of radio and television services as well as the operation of collective antennas.
In the framework of offers involving radio services Electronic communications services, the contribution of the operator shall be prorated on the basis of the only turnover related to the electronic communications services.
For the purpose of calculating the contribution, a Abatement of EUR 5 million on the annual turnover thus calculated. "
In the interests of transparency and anticipation, the Authority had convened on 30 April 2004, on the one hand, the potential contributors to the universal service fund (operators holding an authorisation L. 33-1 or L. 34-1 in 2002, but also Operators who had in 2002 activities for the provision of electronic communications services, such as Internet access or data transport ...) And, on the other hand, representatives of the profession of accountants. The Authority then carried out a public consultation on the implementation of these new provisions, which took place from 2 August to 16 September 2004, and proposed certain implementing rules through a draft Declaration.
Decision No. 2004-1027 dated 25 November 2004 adopted the relevant turnover declaration for the calculation of the final contribution to the universal service fund for the year 2002, by Account of the regulations laid down in Decree No. 2004-1222 of 17 November 2004.
III-2. Contributors: an enlarged scope for electronic communications operators
Now, Article L. 35-3 of the code states that " The contribution of each operator to the financing of the universal service shall be calculated at the Proportion of its turnover in respect of electronic communications services, excluding that achieved under the interconnection and access benefits covered by the conventions defined in Article L. 34-8 and the Other services realised or invoiced on behalf of third-party operators. '
The contributors to the universal service are therefore the operators as defined by Article L. 32 (15 °) of the Postal Code and electronic communications: ' Any natural or legal person operating a network of electronic communications open to the public or providing the public with electronic communications ".
As a result, on the one hand, a number of operators who do not Contribution to the 2001 title will contribute from 2002 (ISP, data transport ...), and, on the other hand, authorised operators who were contributing before 2002 will not, as from 2002, have to account for the turnover of Details the turnover achieved with these new contributors (ISP in particular).
III-3. What is credited to operators
France Télécom presents all the components.
In accordance with the provisions of paragraph III of Article R. 20-34 of the Code, operators may offer the holders of the Certain allowances, which are said to be entitled, the possibility of receiving a reduction in their telephone bill. They can also offer their indebted clients the opportunity to take charge of their telephone debts.
In 2002, two operators, France Telecom and Kertel, intervened as providers of the social reduction offer. On the other hand, France Télécom is the only operator offering its subscribers the possibility to see their telephone debts taken in charge if their file is accepted by the departmental commission on which their home depends.
Thus, with regard to the Elements relating to all the components:
-France Telecom, which operates on all the components of the universal service, is credited with the full cost of the geographical equalization component and the publishing and part of the The social rate component, in total, of EUR 124.529 million;
-the Kertel company is credited with part of the social rate component, or, in total, EUR 0.460
. These appropriations include the costs of managing the social agencies and the provider of the tariff reduction, amounts amounting to EUR 3.013 million for France Télécom and EUR 0.106 million for Kertel, charge to these Operators to remit these amounts to the affected organizations and providers.
III-4. What is involved in the flow of the operators
Evaluation of the relevant turnover of each registrant
The relevant revenue to determine the contribution of each registrant is obtained from the Declarations by operators carried out in accordance with the rules laid down in the statement of declaration adopted by the Authority (Decision No. 2004-1027 of 25 November 2004).
The relevant turnover taken into account is equal to that reported by the operator, Reprocessed, if applicable, by the Authority following the audits carried out.
Abatment
Any registrant for whom the relevant turnover is less than or equal to the amount of the abatement of 5 EUR million defined in Article R. 20-39 of the postal code and electronic communications is not contributory.
Any registrant for whom the relevant turnover is strictly greater than the amount of the abatement is Contributor. Its declared turnover is reduced by the amount of the abatement (EUR 5 million) in order to obtain a final turnover. It is this final turnover which serves as the basis for calculating the contribution of each operator.
The total number of relevant sales by all operators amounts to EUR 30 372 million. In view of the abatement of EUR 5 million, the turnover for the calculation by each of the contributors in the financing of the cost of the universal service is ultimately EUR 30 101 million.
Evaluation of the gross contribution of each contributor
The proportion of each contributing operator is determined as the ratio of its final revenue (abatement) to the sum of the figures
ratio is applied to the net cost of the universal service (EUR 124.989 million) plus management costs (EUR 24 264) and non-recoverable unpaid amounts for the financial year 2001 (331,110 EUR) to determine the gross contribution of each operator.
The total amount (EUR 125.344 million) reported in the total number of reference cases (after abatement), amounting to EUR 30 101 million, represents a rate of withdrawal of The order of 0.42 %.
Operators that have not completed declarations
The Authority notes that almost all operators have transmitted their declarations and that statements that would not have been Carried out correspond to operators whose relevant turnover is likely to be less than the amount of the abatement. The Authority will, however, initiate appropriate sanction procedures, in accordance with Article L. 36-11 of the Postal Code and electronic communications.
III-5. The net contribution of an operator
In application of Articles L. 35-3 and R. 20-39 of the postal code and electronic communications, if the credit of an operator is greater than its debit, it shall be credited to the The universal service fund.
Conversely, if an operator's credit is less than its debit, it is a debtor to the universal service fund. The difference between its debit and credit is its net contribution to the universal service fund.
In other words, the net contribution of a contributor, positive or negative, is equal to the reduced gross contribution, if any, of the Net cost of the provision of the universal service provision that it provides.
The attached Annex defines the contributions established under this Decision; the difference between the sum of the amounts corresponding to the debtor operators and the sum Corresponding to the payable operators is the cost of managing the fund and the arrears.
III-6. Regularization
Any discrepancy between the final values and the forecast values or between the final values and the payments made in the estimate of the net cost of the universal service obligations Gives rise to regularisation.
It is up to the newly-contributing operators (including Internet service providers, prepaid card operators and data carriers) who would have been charged Indirectly by an operator authorised in 2002 a share of the estimated cost of the universal service 2002, to present their new situation to the latter.
IV. -Conclusion
The Authority, by this Decision, evaluates, on a final basis for the year 2002 and after taking into account the intangible benefits, the net cost of universal service obligations at EUR 124.989 million, of which :
164.060 million for the tariff obligations corresponding to geographical equalisation obligations;
35.676 million for social tariffs;
EUR 20.927 million for the service of the territory in the cabins Telephone installed on the public domain;
0 euro for the cost of obligations corresponding to the provision of an information service and a directory of subscribers in paper and electronic form;
95.674 million in Decrease in the cost of universal service, all components combined, for intangible benefits.
The difference between the forecast evaluation of the cost of the universal service for the year 2002 and its final assessment is On the one hand, on the one hand, the low consumption of the envelope allocated to social tariffs and, on the other hand, the change in the rules used in the assessment of geographical equalization following Decree No 2004-1222 (deletion of subscribers Unprofitable areas of profitable areas, including costs and revenues related to Numeris and leased lines in particular),
Decides:
The net cost of the universal service obligations for the year 2002 is EUR 124.989 million. This amount is an excessive charge and compensating.
Net contributions of operators to the fund Universal service for the year 2002 are those set out in the Annex to this Decision.
The Director General of The Authority shall be responsible for the application of this Decision, which shall be published in the Official Journal of the French Republic and notified to the operators listed in the Annex.
ANNEX TO DECISION N ° 2004-1068
FINAL CONTRIBUTIONS TO THE YEAR 2002 UNIVERSITY SERVICE FUND
1. Accounts Payable
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2. Accounts Receivable
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Done at Paris, December 21, 2004.
The President,
P. Champsaur
