TELECOMMUNICATIONS BILL
Article 7 For chapter III of title I of book II of the Posts and Telecommunications Code there shall be substituted chapter V which shall be amended as follows:
I - For Articles L. 39, L. 39-1 and L. 39-3 there shall be substituted the following articles:
"Article L. 39 The following shall be liable to imprisonment for a term of six months and to a fine of 500 000 French francs:
1) - to establish or have established a public network, without the licence provided for in article L. 33-1, or to continue the operation of such a network in breach of a decision to withdraw the said licence;
2) - to provide or have provided a public telephone service without the licence referred to in article L. 34-1 or in breach of a decision to withdraw the said licence.
Art. L. 39-1 The following shall be liable to imprisonment for a term of six months and to a fine of 200 000 French francs:
1) to establish or have established an independent network, without the licence provided for in article L. 33-2, or to continue the operation of such a network in breach of a decision to withdraw the said licence;
2) to cause interference to the radio transmissions of a licensed service, without prejudice to the application of article 78 of law n° 86-1067 of 30 September 1986, by using a radio frequency or infrastructure without the certificate of conformity or the licence provided for in article L. 89, or without conforming to the general regulatory conditions set out in article L. 33-3.
Art. L. 39-3 Artificial persons may be declared criminally responsible, under the conditions set out in article L. 121-2 of the Criminal Code, for the offences defined in articles L. 39 and L. 39-1. The penalty imposed on artificial persons shall be a fine, according to the terms set out in article L. 131-38 of the Criminal Code."
II - In article L. 39-2, for the words "paragraph II of article L. 33-1 there shall be substituted the words "III of article L. 33-1".
III - In article L. 39-6, for the words, "prevent from applying for a licence, as described in sections one and two of chapter II of this title, for a maximum of two years" there shall be substituted "from applying for a licence, in application of articles L. 33-1 and L. 34-1 of the Posts and Telecommunications Code, for a maximum of two years".
IV - In article L. 40, for the words, "civil servants of the telecommunications administration" there shall be substituted the words, "civil servants and officials of the telecommunications administration, the telecommunications regulatory authority and the national radio frequency agency".
Article 8
Title II of book II of the first part of the Posts and Telecommunications code shall be entitled "Rights of Way and Easements"
Article 9 Chapter I of title II of book II of the first section of the Post and Telecommunications Code shall be entitled, "Rights of way" and shall be amended as follows:
I - For articles L. 45-1, L. 46, L. 47, L. 47-1 and L. 48 there shall be substituted the following articles:
"Article L. 45-1 Operators licensed under article L. 33-1 shall enjoy rights of way on carriageways and easements on the private properties referred to in article
L. 48, under the conditions set out below.
Authorities which lease or manage the public domain, with the exception of carriageways, shall provide access to their property to parties licensed in application of article L. 33-1 under transparent and non-discriminatory conditions.
The installation of infrastructures and equipment must be carried out in respect of the environment and the aesthetic quality of the site, and with the least damage to private property and the public domain.
Article L. 46 Operators licensed to establish public networks may occupy the public highway by erecting structures, insofar as such occupation is not incompatible with the purpose of the highway.
The work required to establish and maintain networks shall be carried out in accordance with the highway regulations, and, in particular, with the provisions of article L. 115-1 of the Highways Code.
Article L. 47 The occupation of public carriageways shall require a highway permission, issued by the relevant authority, according to the type of highway used, under the conditions set out in the Highways Code. The permission may define the installation and operating specifications necessary for the requirements of public traffic and preservation of the highway.
The authority referred to in the paragraph above shall take all measures necessary to enable universal service obligations to be fulfilled. It may only refuse rights of way to licensed operators on the grounds of ensuring, within its competence, compliance with the essential requirements.
If an operator may be given a right of way, under the same conditions as a licensed occupation, through the use of the facilities of another occupant of the public domain, the authority referred to in the first paragraph may invite the two parties to come to an agreement on the shared use of these facilities. In this case, the owner of the facilities used by the licensed operator shall maintain the infrastructure and equipment needed installed in the premises under his responsibility, in return for the payment of a contribution set after negotiation with the operator. The telecommunications regulatory authority may be called upon to settle any dispute, in accordance with the conditions set forth in article L. 36-8.
The highway permission may not contain provisions relating to commercial and operating condtions. In return for occupation of the public domain fees shall be payable to the local authorities.
A State Council decree shall determine the terms of application of this article and in particular shall specify the ceiling payable for the above mentioned fee.
Article L. 48 The easement referred to in article L. 45-1 shall be created in order to allow the installation and operation of network infrastructures both in the communal parts of appartment buildings and estates, and above and below the ground of undeveloped sites.
Creation of an easement shall be subordinated to a licence issued on behalf of the Government by the mayor, after the owners, or in the case of co-ownership, the householders' association, have been informed of the reasons for creating the easement and the choice of location, and have been invited to make their observations on the project, within a minimum period of three months. Work may only begin after the expiry of this period. In the event of a dispute, the terms of creation of the easement shall be determined by the president of the High Court.
Installation of the structures described in the first paragraph may not interfere with the right of the owners or co-owners to demolish, repair, alter or enclose their property. However, the owners or co-owners must inform the beneficiary of the easement before carrying out any work which could affect the buildings, at least three months beforehand.
When the personel of licensed operators are required to enter the private property defined in the first paragraph, for the purpose of design, erection or operation of the installations, they shall be authorised to do so, in the absence of an amicable agreement, by the president of the High Court sitting in chambers, who shall ensure that the presence of such agents is necessary.
The beneficiary of the easement shall be responsible for all damage resulting from the network equipment. It shall be required to pay for all direct, unquestionable material damages caused by the installation and maintenance work referred to in the first paragraph of article L. 45-1 and by the existence and operation of such structures. Failing an amicable agreement, compensation shall be determined by the court competent in matters of expropriation on the application of the contending party.
A State Council decree shall determine the conditions of application of this article.
II - Articles L. 49 to L. 52 shall be repealed.
III - In article L. 53, for the word "prefectorial" there shall be substituted the words "relevant authority".