TELECOMMUNICATIONS BILL setting out the regulatory framework for telecommunications in France
(as it has been adopted by the Cabinet meeting on 3 April 1996)
Article 1. Article L. 32 of the Posts and Telecommunications Code shall be amended as follows:
I - For 3), 7) and 9) there shall be substituted the following provisions:
"3) Public Network.
"Public network means a telecommunications network established or used for the provision of public telecommunications services.
"7) Public telephone service.
"Public telephone service means the commercial provision to the public of a service consisting in the conveyance of direct, real-time voice telephony between public switched telephone networks for mobile and fixed users.";
"9) Interconnection.
"Interconnection means reciprocal services provided by two public network operators in order to allow all users to communicate freely amongst themselves, regardless of the networks to which they are connected or the services they use.
"Interconnection also means the network access services provided for the same reason by a public network operator to a public telephone service provider."
II. - After the words "terminal equipment" the end of paragraph 12) shall be worded as follows:
"protection of the environment, taking into account town and country planning requirements".
III. - There shall be inserted 15), worded as follows:
"15) Operator.
"Operator means a natural or artificial person authorised to run a public network or to provide a telecommunications service to the public."
Art. 2.
Article L. 32-1 of the Posts and Telecommunications Code shall be worded as follows:
"Art. L. 32-1 I - Under the conditions laid down in this code:
1) Telecommunications activities shall be carried out freely, in accordance with the licences and declarations provided for in chapter II, which shall be granted or verified under objective, transparent, proportional and non-discriminatory conditions;
2) The public service obligations set out in chapter III, which include guaranteeing every person access to the universal service, shall be safeguarded and developed;
3) Regulation of the telecommunications sector shall be carried out independently of the operation of networks and the provision of telecommunications services. Regulation shall be administered, on behalf of the Government, by the telecommunications minister and the telecommunications regulatory authority, in accordance with the provisions of chapter IV.
"II. - Within the framework of their respective competences, the telecommunications minister and the telecommunications regulatory authority shall be responsible for ensuring the following:
1) - the provision and financing of all components of the public service in the field of telecommunications;
2) - effective and fair competition among network operators and telecommunications service providers, in the interests of users;
3) - enhanced performance and innovation in the telecommunications sector;
4) - public network access and interconnection conditions which guarantee equal conditions on the market and the possibility of unrestricted communication among users;
5) - respect by network operators of the confidentiality of communications and neutrality with regard to the information transmitted;
6) - compliance of network operators and telecommunications service providers with obligations in the interests of national defence and public security".
Art. 3.
Article L. 32-2 of the Posts and Telecommunications Code shall be amended as follows:
I - At the end of the first paragraph there shall be inserted the following words:
"shall also support compliance with public service principles and in particular with the principles of universal service in the telecommunications sector. Besides the opinions, recommendations and suggestions submitted to the minister, the Commission may also be consulted by the telecommunications regulatory authority on other issues relating to its field of competence."
II - In paragraph 2, for the words "to articles L. 33-1, L. 33-2, L. 34-2, L. 34-4 and L. 34-5 of the present code" there shall be substituted the words "to articles L. 33-1,
L. 33-2, L. 34-1, L. 34-2, L. 34-3 and L. 34-4.
Art. 4. Article L. 32-4 of the Posts and Telecommunications Code shall be amended as follows:
I - For the beginning of the first paragraph there shall be substituted the following provisions:
"In carrying out their functions the telecommunications minister and the chairman of the telecommunications regulatory authority may";
II - In the first paragraph of 2) for the words "he shall designate " there shall be substituted the words " they shall designate";
III - The beginning of the second paragraph of 2) shall be amended as follows:
"The telecommunications minister and the chairman of the telecommunications regulatory authority shall..." (the rest remains unchanged).