Bill on experimental trials in the information technologies and services domain
This bill - or proposed law - has been voted by the chamber of Deputies (Assemblée nationale) and by the Senate after a first reading.
Few changes, for the moment, to the original text presented here.
Final version as soon as it's voted.EXPOSE OF MOTIVES
The development of information networks and services presupposes the creation of an environment favourable to achieving the objective set out by law n 95-115 of 4 February 1995 oriented towards improvement and development of nation-wide coverage by 2015. It is necessary, therefore, to begin trials, without delay, which will allow French operators to prepare for the onset of the information society and notably to evaluate how real and solvent the demand for new services and technologies is.
A certain number of trials, from the most interesting presented when the Government issued a call for proposals, cannot be implemented within the current regulatory framework. They require exemptions from the law on telecommunication regulations or the law on the freedom of communication.
It is for this reason, that it is proposed to set up an experimental licensing regime to enable exemptions from the current legal framework for a strictly limited period. This special regime will be restricted to a small number of projects of limited scope, of general interest, of an appreciable level of innovation, of economic feasibility, with potential impact on how society is organised and our way of life and the association of users during elaboration and implementation (Article 1).
Where telecommunications are concerned, two categories of project encounter statutory obstacles as the law stands today. They are the following:
- use of cable TV distribution networks to provide a telephone service, alongside a range of multimedia services, which improves the profitability of the global offer and makes it more attractive for users;
- the establishment and management of platforms providing a large selection of telecommunications services and advanced functions in a given area as, for example, teleports or the use of the alternative infrastructures of transport operators.
Such statutory obstacles must be removed to mobilise the full capacity for investment and innovation of the economic players, without delay: it is for this reason that it is proposed to set up a regime of experimental licences for the benefit of operators who propose such innovative projects.
The schedules for terms and conditions for these experimental licences, which are inspired by the current system for mobile operators, will provide for their revision in order to be aligned with the common law which will result from the future law on telecommunication regulations which should come into force no later than 1 January 1998 (Article 2).
In the audio-visual sector the start of trials based on new technologies warrants that the legal framework which applies to the concept of a set of services should be made clear and that powers be granted to the High Council for Broadcast to adapt current regulations to take into account the provision and specific nature of these innovations, respecting the constitutional principles of Article 1 of the law of 30 September 1986.
These provisions apply to multiplexed broadcasting techniques over a micro-wave channel, the development of which may be of special interest in allowing operators and industry to gain expertise in such techniques which are experiencing rapid development around the world due to their low cost and ease of set up. The provisions are also valid for the technology known as "DAB digicast" which was designed to develop the simultaneous broadcasting of several radio and television services as well as the other digital broadcasting techniques.
To take into account the concept of authorisation for the use of frequencies for a set of services leads to bringing precision to the formulation of the provisions of the amended law of 1986 which apply to this technical carrier (frequencies) and to the services which constitute the set and to clarify the system of their respective obligations and responsibilities.
In order to begin trials in these areas rapidly, it is proposed that the High Council for Broadcast, respecting the criteria for pluralism, be permitted to bypass the procedure of calling for candidates provided for in Articles 29 and 30 of the law of 30 September 1986, in that it is requested that operators adopt a proactive approach and propose offers of innovative technology and services.
It is also proposed that the High Council for Broadcast adapt the regulations on broadcasting and production obligations to take into account technological innovation such as digital broadcasting which allows the provision of several services on the same channel. The experimental limited and temporary nature of the authorisations also leads to instilling the vocation among all audio-visual operators to benefit from them (Article 3).
Provisions have been made to allow the development of services supplied on individual request (video on request, sound broadcasts on request) which do not exist at the present time in the French audio-visual industry. To this end, it is proposed that the High Council for Broadcast be given the possibility to relax regulations on broadcasting and production obligations so as to take into account the particular nature of these services (Article 4).
This experimental system will apply for a limited period of time: its evaluation will bring light to considerations which are a prerequisite to the adaptation of common law legislation for the new technologies (Article 5).