Bill on experimental trials in the information technologies and services domain
Article 1 - With a view to rendering conditions favourable for the development of infrastructures and services for telecommunication and audio-visual communication, experimental trials can be authorised, with permission to depart from the legal provisions as cited in Articles 2 to 4 under the conditions provided for by the present law.
The experimental trials must demonstrate appreciable general interest with regard to their level of innovation, their economic feasibility, their potential impact on the organisation of society and way of life and the association of users in their elaboration and implementation.
After consultation with the Ministers responsible for information technologies, telecommunications and communication, authorisations shall be granted for a period of time suited to the requirements of the trial and which, whatever the case, shall not exceed five years. The authorisations make provision for adaptation in the event of the legal framework being modified. The authorisations define the conditions under which the holder presents an assessment of the trial and the evaluation criteria. Authorisations cannot be renewed under the conditions provided for in Articles 2 to 4 of the present law.
Article 2 - In application of Article 1, the Minister for Telecommunications may authorise:
1) the establishment and operation of infrastructures with a view to providing to the public all telecommunication services including a telephone service between fixed points, in limited geographical areas and for a maximum of 20,000 users;
2) the provision of all telecommunications services including a telephone service between fixed points, over networks set up in accordance with law n 86-1067 of 30 September 1986 on the freedom of communication;
The provisions of the code of posts and telecommunications remain applicable with the exception of those of the first paragraph of I and II of Article L.33-1, of Articles L.33-2 and L.34-1 and of the first sentence of the first paragraph of Article L.34-4, which may be departed from as much as is deemed necessary.
Authorisation is subject to conformance with the specifications contained in a schedule of conditions and which refer to those points outlined in the third paragraph of I of Article L.33- 1 which are applicable depending on the characteristics of the trial project. For cases involving the provision to the public of a telephone service between fixed points, the authorisation stipulates that the holder must contribute to the corresponding public service obligations.
Moreover, the holder of the authorisation granted on the basis of 1) above is required to subject access to the network by service providers declared according to Article 43 of the law of 30 September 1986 to the observation by the same suppliers of the regulations which guarantee respect of the human person and the protection of minors and consumers.
Article 3 - 1 - In application of the Article 1, the High Council for Broadcast, without being obliged to call for candidates as required by Articles 29 and 30 of the aforementioned law of 30 September 1986, but in conformance with the criteria outlined in paragraphs eight and nine of Article 29 of the same law, may authorise the use of frequencies, for a set of sound and television broadcasting services via land Hertzian means, in accordance with digital broadcasting techniques or multiplexed broadcasting on a micro-wave channel.
This authorisation can only be granted for a limited geographical area and, when the services are supplied using a multiplexed broadcasting technique on a micro-wave channel, outside zones already covered by a cable distribution network, using frequencies comprised in the wave bands allocated to the broadcast service.
The provisions of the law of 30 September 1986, aforementioned, apply to this authorisation, with the exception of Articles 27, 28, 28-1, 70 and 70-1. With regard to the application of the second paragraph of Article 41 of the same law, the only authorisations taken into account are those granted for television services to geographical areas of which the official population exceeds 100,000 inhabitants. Articles 93-2 and 93-3 of law n 82-652 of 29 July 1982, amended, on audio-visual communication, do not apply to the holder of this authorisation.
II - The High Council for Broadcast recognises the charter provided for in Article 28 of the aforementioned law of 30 September 1986, with each audio-visual communication service being part of the set of services thus authorised.
The provisions of this law apply to services recognised accordingly which are viewed as services authorised under this same law, with the exception of Articles 25, 28 (first paragraph), 28-1, 29, 30, 39 and 41 (second and fifth paragraphs). Articles 93-2 and 93-3 of the aforementioned law of 29 July 1982 also apply to these services.
The obligations provided for in 2) and 3) of Article 27 of the aforementioned law of 30 September 1986 may be defined globally for all or part of services broadcast on the same channel when they are expressed in terms of percentage broadcast time or annual revenue figures according to the clauses specified in the charters.
Article 4 - In application of Article 1, the charters provided for in Articles 28 and 34- 1 of the aforementioned law of 30 September 1986, in order to take into account the particular nature of the services, can make provision for the regulations outlined in 2) and 3) of Article 27, 3) and 5) of Article 33 and Article 70 of the said law to be adapted for audio- visual communication services, other than tele-shopping services, allowing the transmission, upon request and, where necessary, with counter reimbursement, of sound broadcasting and television programmes.
No advertisements may interrupt programmes broadcast on request.
Article 5 - The authorisations and charters provided for by the present law can only be granted and endorsed after a period of three years starting from the date of its publication.