Law N# 96-659 26 jully 1996
French Telecommunications act of 1996

© Secretary of State for industry - France

Art. 18.

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:

I - In the first paragraph, the words, "the entity referred to in article L. 35-4 of the Posts and Telecommunications Code" shall be inserted after the words, "telecommunications service providers";

II - 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."

Art. 19.

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".

Art. 20.

In article L.113-4 of the Highways Code, for the words: "L.47 and L.47.1" there shall be substituted the words "L.46 and L.47".

Art. 21.

The second and third paragraph of article L. 34-2 of law n· 86 1067 of 30 September 1986 on the freedom of communication shall be repealed.

Art. 22.

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.

VI - The schools responsible for public sector higher education in telecommunications shall be regrouped as of 1 January 1997 into one or several government owned public establishments. Each of these establishments shall be administered by a Board of Directors composed of government representatives, qualified persons and elected representatives of the teaching staff, other personnel and students.

As of 1 January 1997 the contractual employees of France Télécom which participate in the public service missions relating to higher education in telecommunications shall be put at the disposal of this (these) establishment(s) under conditions set forth in an agreement. As of 1 January 2001 the contractual employees participating in these missions, and the contracts concluded between the personnel and the above-mentioned establishment(s) which are in force at this date shall be transferred to the establishment(s). The latter may recrute contractual staff under public or private law for an undetermined period. A State Council decree shall set forth the procedures for implementing this paragraph and shall specify the missions, organisation and operating conditions of the establishment(s).

The assets, rights and obligations required by the entities responsible for the public service missions of higher education in telecommunications shall be transferred to the abovementioned establishment(s) as of 1 January 1997. A decree issued by the ministers for the economy and for telecommunications shall set out the list of assets, rights and obligations concerned as well as, where appropriate, the entities to which they are assigned.

The transfer of assets, rights and obligations undertaken in accordance with this paragraph shall be carried out free of charge and shall not be grounds for the levying of duties or taxes nor for the payment of salaries or fees.

Art. 23.

A specific report on the actual coverage achieved, the roll-out schedule and the general operation of mobile communications shall be submitted by the Goverment to Parliament, following the opinion of the telecommunications regulatory authority and the public service commission for posts and telecommunications, before 1 October 1997.

(1) Loi relative à la liberté de communication

(2) Loi relative à la liberté de l'information

(3) Broadcasting and Cable TV networks

(4) Conseil de la Concurrence

(5)Loi relative à l'informatique, aux fichiers et aux libertés

(6) Conseil d'Etat

(7) A State Council decree is a decree issued by the Government in consideration of the opinion of the State Council.

(8) Cable TV networks

(9) Loi sur la communication audiovisuelle

(10) Telematic services

(11) Loi d'orientation pour l'aménagement et le développement du territoire

(12) Commission supérieure du service public des postes et télécommunications

(13) Cour des Comptes

(14)Bulletin officiel de la concurrence, de la consommation et de la répression des fraudes

(15) Allocation of frequencies by the Prime Minister

(16) Conseil supérieur de l'audiovisuel