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Law N# 96-659 26 July 1996
REPUBLIC OF FRANCEMinistry of Posts, TelecommunicationsTELECOMMUNICATIONS ACT OF 1996Article 1.Article L. 32 of the Posts and Telecommunications Code shall be amended as follows: "Chapter I "Definitions and Principles "1) Telecommunications. "Telecommunications means any form of transmission or reception of signs, signals, text, image, sound or other information, by wire, optical fibre, radio or other electromagnetic means. "2) Telecommunications Network Infrastructure. "Telecommunications Network Infrastructure means any form of installation or group of installations which ensure either the transmission or the transmission and routing of telecommunications signals and the associated exchange of the control and operational information, between network termination points. "3) Public Network. "Public network means a telecommunications network established or used for the provision of public telecommunications services. "4) Independent Network Infrastructure. "Independent network infrastructure means a telecommunications network intended for private or shared use. "An independent network infrastructure is "privately used" when it is reserved for use by the private individual or corporate entity which established it. "5) Internal Network Infrastructure. "Internal network infrastructure means an independent network infrastructure installed inside the user's premises and not using the public domain - including radio frequency spectrum - or any third party premises. "6) Telecommunications Service. "Telecommunications service means a service including the transmision or routing of signals or a combination of these functions using telecommunications processes. Entertainment telecommunications services are not subject to this provision insomuch as they are governed by the Freedom of Communications Act(1) n· 86-1067 of 30 September 1986. "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. "8) Telex service. "Telex service means the commercial provision to the public of a system of direct, real-time typed message transmissions in the form of telegraphic signals, between users connected to termination points of a telecommunications network. "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. "10) Terminal Equipment. "Terminal equipment means equipment intended to be connected directly or indirectly to the termination point of a network in order to send, process or receive information. Equipment intended for access to radio or cable TV broadcast entertainment services is not included in this definition, unless such equipment can also be used for access to telecommunications services. "11) Radio Network Infrastructure and Terminal Equipment. "Network infrastructure and terminal equipment are described as radioelectric when they use radio frequencies for the transmission of radio waves in an open space. Notably, networks which use satellite capacity are defined as radio networks. "12) Essential Requirements. "Essential requirements means the specifications which must be met, in the public interest, to guarantee user safety, the safety of employees of telecommunications network operators, network security and protection, the exchange of the associated control and operational information, as well as, where appropriate, the proper use of the radio spectrum and in certain cases, the interoperability of services and terminal equipment, data protection, environmental protection and the fulfillment of town and country planning requirements. "13) Operator.
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 terms of the licences and declarations provided for in chapter II, which shall be granted or verified in an objective, transparent, proportional and non-discriminatory manner; "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 - According to 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 the 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) - job development, 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 the obligations incumbent upon them 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 - In accordance with its mission, set out in the Posts and Telecommunications Public Service Act N· 90-568 of 2 July 1990, the public service commission for posts and telecommunications shall contribute to the balanced development of the telecommunications sector and 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, and by the standing committees of the two parliamentary chambers, the Assemblée Nationale and the Sénat, on telecommunications issues which are specifically under their jurisdiction. It may also call on the telecommunications regulatory authority to intervene on issues under its jurisdiction with regard to controlling the fulfillment by operators and penalising operators for the non-fulfillment of the public service and universal service obligations incumbent upon them under the legislative and regulatory provisions of this code and the authorisations which they ave been granted. "In this context it may advise on the conditions and criteria to be applied for licensing the networks and services referred to in articles L. 33-1, L. 33-2, L. 34-1, L. 34-2, L. 34-3 and L. 34-4 of the present code. "The commission may also propose legislative and regulatory amendments if it considers that these will encourage the technological, economic and social development of the telecommunications industry. "It may make recommendations to the Government to guarantee fair competition in the telecommunications sector.
Art. 4.The third and fourth paragraphs of article 35 of the Posts and Telecommunications Public Service Act n· 90-568 of 2 July 1990 shall be worded as follows: "- seven members of the Assemblée Nationale,
Art. 5.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 collect from private individuals and corporate entities which operate telecommunications services any information or document required to ensure that the said individuals and entities respect the principles set out in articles 32-1 and 32-3 as well as the obligations incumbent upon them due to legislative and regulatory provisions or arising out of the operating licence granted to them; "The telecommunications minister and the chairman of the telecommunications regulatory authority may conduct inquiries concerning the said individuals and entities; they may delegate powers of investigation to civil servants to conduct such enquiries under the provisions of article 40.
© Secretary of State for industry - France
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. The public service commission for posts and telecommunications
shall draft this report after consulting the annual report of the
telecommunications regulatory authority. "