TELECOMMUNICATIONS BILL
Article 13 Article 22 of law n° 91-646 of 10 July 1991 on the confidentiality of information transmitted by telecommunications networks shall be amended as follows:
1) in the first paragraph, the words, ""or managing the universal directory" shall be inserted after the words, "telecommunications service providers";
2) a third paragraph, worded as follows, shall be added:
"A person who refuses, in breach of the first paragraph, to furnish information or documents or who furnishes erroneous information, shall be liable to imprisonment for a term of six months and to a fine of 50 000 French francs. Artificial persons may be declared criminally responsible under the conditions set out in article 121-2 of the Criminal Code for the offence defined in this paragraph. Artificial persons shall be liable to a fine, according to the terms set out in article L. 131-38 of the Criminal Code."
Article 14 In article L. 113-3 of the Highways Code, for the words "public telecommunications services" there shall be substituted the words "operators of public telecommunications networks and public services".
Article 15 The second paragraph of article L. 34-2 of law n°86 1067 of 30 September 1986 on the freedom of communication shall be repealed.
Article 16 I - The provisions of Article L. 33-1 of the Posts and Telecommunications Code, enabling the establishment and operation of public networks by operators other than France Télécom, in order to provide all telecommunications services other than the public telephone service between fixed points shall come into effect as of 1 July 1996.
Notwithstanding the provisions of the schedule of conditions in force at the date of commencement of this law, the managers of the government's public domain and the operators and public service concessionaries may as of this date, in accordance with their specific public service obligations, use their facilities for the operation of such networks;
II - The provision of a public telephone service between fixed points over licensed networks, in application of article L. 33-1 of the Posts and Telecommunications Code, shall only be authorised as of 1 January 1998, subject to the application of article 2 of law n° 96-299 of 10 April 1996 on experimental trials in the field of information technologies and services. At the request of the operators concerned, licences to provide the public telephone service shall be granted in application of this law as of 1 January 1997 and shall take effect on 1 January 1998.
Operators licensed, on the date of publication of this law, to offer services in competition with France Télécom, shall be entitled, as of 1 July 1996, to use the infrastructure established in application of articles L. 33-1 and L. 33-3 of the Posts and Telecommunications Code, in order to provide such services. At the request of the operators concerned, the telecommunications minister may issue or modify the corresponding licences.
III - Decisions which, in application of law n° 96-299 of 10 April 1996 on experimental trials in the field of information technologies and services, authorise the provision of the public telephone service between fixed points, together with the schedule of conditions appended thereto, shall conform with the provisions of this law by 1 January 1998.
IV - Licences to establish networks and provide telecommunications services issued for a fixed period of time before the date of publication of this law shall continue to take effect until their stipulated term. The provisions of articles L. 36-6 to L. 36-13 of the Posts and Telecommunications Code shall be applicable thereto, as well as article L. 34-6 in the event of breach of the obligations required by the legislative and regulatory texts and by the licence decision. The telecommunications regulatory authority shall enforce the compliance thereof.
Holders of concessions or licences for the same purpose as above, issued for an unlimited period of time, shall have one year from the date of publication to conform with the provisions of this law and, when a licence is required, shall make a new application to the relevant authority.
V - Staff currently under the authority of the telecommunications minister which are required to carry out the functions conferred upon the telecommunications regulatory authority shall be transferred to the latter.