Historical
and juridical viewpoint
Changes
over the last three months (Oct. Dec. 98)
On-going
developments
|
|
Since
the opening of the competition, ART has had about one
year of rich experience. It has started the big works
which come within the framework of fixed-mobile
convergence: local loop, Radio Private Networks,
Professional Mobile Radio Networks, new operator
licences, Low Earth Orbite satellite networks, appeals to
the State Council, etc. I - Historical
and juridical viewpoint
1. Main
regulatory events in 1996, 1997 and 1998 (until September
98)
Three milestones can be
reported as major steps to the building up of Information
Society:
- The law on
experimentation in the field of information
technologies and services, commonly named the
"information highways law" or "the
little law" (Law N° 96-299, April 10, 1996)
which aims at allowing the implementation of
field trials.
- The law relating to
the national company France Telecom (Law N°
96-660, July 26, 1996) ;
- The law on
telecommunications regulation (Law N° 96-659,
July 26, 1996) which aims at adapting French
legislation to the 1998 European liberalisation.
The next tables list the
main significant modifications in the regulatory
framework that have occurred in France in 1996, 1997 and
during the first semester 1998. See also http://www.telecom.gouv.fr, http://www.art-telecom.fr (French Telecommunications
Regulatory Authority - ART) and http://www.internet.gouv.fr .
1.1 Main regulatory events in 1996
| January 1996 |
- The national
regulatory body DGPT (Direction Generale
des Postes et Telecommunications)
pronounces two decisions on the
conditions of interconnection to France
Telecoms public network of
CGEs paging service Tam-Tam, and
Bouygues Telecoms mobile DCS 1800
service
- A workshop on
new regulatory rules, chaired by the
Minister in charge of the
telecommunications industry François
Fillon, completes a two-month public
consultation
|
| February 1996 |
- Alternative
networks: DGPT authorises highways
operating company SANEF (Societe des
Autoroutes du Nord et de lEst de la
France) to provide transmission
capacities to mobile operators (the same
authorisation had been granted in
December 1995 to Cofiroute, a similar
company)
|
| March 1996 |
- The Prime
Minister announces the government
decision to review France Telecoms
status
- French
Parliament adopts the law on
experimentation in the field of
information technologies and services
- Prime
Minister announces 74 additional
information society experimentations
stamped further to the call for tenders
|
| April 1996 |
- Publication
of Champsaur Commissions final
report on "interconnection and
funding of universal service in
telecommunications".
- Set up within
DGPT of a working group on
interconnection issues
- The "information
highways law" (N° 96-299, April 10,
1996), creating a system of
experimental time-limited licences
intended for operators offering
innovative initiatives.
|
| May 1996 |
- A licence of
data transmission is awarded to SITA
Network Group (Société Internationale
de Telecommunication Aéronautique)
|
| June 1996 |
- Two licences
for data transmission service and
value-added service on leased lines are
awarded to Axone Services &
Developpement
- French
Parliament adopts the new "law on
telecommunications regulation" - Law
N° 96-659, July 26, 1996, and the law
concerning the France Telecoms
status - Law N°96-660, July 26, 1996
|
| July 1996 |
- Opening up to
competition of alternative
telecommunications infrastructures for
the provision of liberalised services
- Law on
telecommunication regulation N° 96-659 -
July 1996
- Law
related to the national company France
Telecom Law N° 96-660, July 26 1996
reviews France Telecom's status, aiming
at giving to France Telecom the
appropriate structure and means in order
to face the opening up to competition.
|
| November 1996 |
- The French
Ministry of telecommunications awards the
two first alternative infrastructure
licences to two French railway companies
: France Manche, a subsidiary of the
Anglo-French company Eurotunnel and
Telecom Developpement, a subsidiary of
SNCF
|
| December |
- 31st: France
Telecom becomes a limited company
|
1.2 Main regulatory events in 1997
| January 1997 |
- Set up of new
regulatory bodies: Autorité de
Regulation des Telecommunications (ART,
Authority of Telecommunications
Regulation) and Agence Nationale des
Fréquences (ANF, National Agency of
Frequencies)
- Publication
of the project of Interconnection Decree
which sets the rules for the calculation
of connection rights paid to France
Telecom by its competitors - Article L.
34-8 of the Posts and Telecommunications
Code
- A new licence
had been issued for France Telecom on the
1st January. France Telecom is confirmed
as being the operator in charge of the
universal service as regards telephony
service (provision of a service at an
affordable price without discrimination,
publication of the universal directory,
provision of public pay phones, and
objective, transparent and cost oriented
tariffs)
|
| February 1997 |
- The ART
issues a statement on an project of
decree on universal service funding
issues
|
| March 1997 |
- The ART
issues a statement on a project of decree
on interconnection issues
- The
government publishes the final decree on
interconnection (Journal Officiel, March
4, 1997), taking into account ARTs
statement. The decree stipulates that
France Telecoms local switches will
be available to its competitors for their
interconnection and that the public
company will have to list the switches
that cannot be opened to interconnection
and to justify it in a technical way.
Moreover, the decree specifies the method
of calculation of interconnection
charges.
- Publication
of a Decree on telecommunications
services opened to public concerning the
content of declaration and authorisation
demand of these services (Decree n°
97-245, March 1997)
|
| April 1997 |
- ART has
approved France Telecom's standard
interconnection offer: 3 categories have
been defined according to the kind of
communication (intra-local exchange,
single transit from POI, dual transit
from POI).
- Publication
of the Decree on terminal equipment
concerning the conformity evaluation
procedures and the delivery of
certificates (L.34-9, Decree
n°97-328, 11 April 1997)
- Publication
of the Decree on the impossibility to
seize telephone terminal (L.35-1,
Decree n°97-375, 20 April 1997)
- Lyonnaise
Cable has submitted ART on a dispute with
France Telecom concerning the
interconnection fees to provide Internet
access over the cable network
- Suspension of
the partial sale of France Telecom due to
Parliamentary election
|
| May 1997 |
- Publication
of the Decree on the financing of the
Universal Service (L35-3, Decree n°
897-475, 14 May 1997): universal
service will be financed by all operators
in France exploiting networks opened to
public and all telephone services
providers.
- Publication
of the Decree which sets the rules for
the calculation of radiospectrum fees (Decree
n° 8 97-520, 22 May 1997)
- Cegetel has
awarded an experimental licence for La
Defense network
|
| June 1997 |
- Publication
of the Decree on right of way on road
public domain and constraints on private
properties concerning application and
implementation rules (L47, L48, Decree
n° 97-683, 1 June 1997)
- France
Telecom stock sale suspended to the final
decision of the new government
- Publication
of the Decree on the delegated
attributions of the Secretary of State
for industry concerning industry, energy,
raw materials, posts and
telecommunications (Decree n° 97-728,
18 June 1997)
|
| July 1997 |
- ARTs
first assessment of the universal service
obligation cost (published in the
"Journal officiel" in August).
- ARTs
call for tender for two licences of
nation-wide networks of digital
professional radiocommunications
- France
Telecoms appeal against the
interconnection decree with the Conseil
d'Etat (State Council): France Telecom
disputes the definition of the content of
the standard interconnection offer and
the methods of costs calculation (based
on long term incremental costs).
- ART gave
cable operators the right to provide
Internet access (Decision 97-209 and
97-210, July 10, 1997), following the
complaint from Lyonnaise Câble (Group
Lyonnaise des Eaux) and CGV (Group
Compagnie Générale des Eaux). This
question has emphasised the problem of
responsibility share between ART and CSA
(Conseil supérieur de l'Audiovisuel).
- The
"competition council" (Conseil
de la Concurrence) fined France Telecom
(and its subsidiary Transpac) FF30
million for "obstacle to
competition" and for "abuse of
a dominant position ". This fine
followed a complaint lodged by British
telecom France.
- The second
part of France Telecom Interconnection
Catalogue, applicable as of 1998, has
been approved by ART: it consists of two
facets : the offer intended to operators
of networks opened to public (with 2
majors aspects: numbers portability and
routing of international traffic from
France) and those intended to suppliers
of public telephone service.
|
| September 1997 |
- The Delebarre
Report on "the stakes in the future
of France Telecom" (September 5),
following a "deep social
dialogue" within the national
operator. The report draws several stakes
around 5 main lines: international
strategy, social practises, research and
development, public services and
universal service, regulation of the
telecommunication industry.
- The
government confirms the partial sale of
France Telecom on September 8.
- ART granted
two fixed voice telephony licences to
Cegetel and Bouygues Telecom, as
competitors to France Telecom. In the
same time, it gave the two operators
their prefix, which will enable
subscribers to choose them for long
distance and international calls (# 7 for
Cegetel and #9 for Bouygues Telecom).
This announcement was an important step
forward liberalisation of voice telephony
scheduled on January 1, 1998.
|
| October 1997 |
- ART
consultation on under-water cables: it
dealt with access conditions to these
cables which carry 40% of international
telecommunications starting from France
and arriving in France. It run until
November 5, 1997.
- Fixed
telephony licenses are processed coming
from France Telecom, Omnicom, Siris,
Esprit Telecom, Cegetel and Bouygues.
- ART's final
assessment on universal service
obligation cost: FF 6,043 bn. This cost
could be reviewed in 1999 according to
the alternative operators' turnover and
the traffic generated.
- France
Telecom shares are traded in Paris and
New York on the 20th October
1997 at a rate of FF 182.
- CSA is
presenting their annual report 1996. It
announced a closer co-operation with ART.
|
| November 1997 |
- Tariff
agreement between the French Government
and France Telecom: it stipulates a
reduction of universal tariff for the
period 1997-2000 (9% annual average in
1997 and 1998 and 4,5% annual average in
1999 - 2000).
- 3 proposals
to the ART's call for tender for licences
of professional mobile telephony
networks, launched in July 1997 (see
above) have been received from Aéroports
de Paris, RATP and Regiocom.
- ART
consultation on high rate local loop,
mobile networks development and the
Internet
- ART defines
the local area by choosing the
administrative "department".
However, this dividing into
"departments" does not apply to
France Telecom which keeps its current
"Widened Local Pricing Area"
which is wider than a department. Several
operators have disputed this decision.
- ART decision
concerning Colt Telecom: ART gave Colt
Telecom the right to install their own
optic fibre network in La Défense Area.
|
| December 1997 |
- Lyonnaise
Cable to start telephony over Annecy's
cable network: Lyonnaise Cable is the
first operator to offer a telephone
service over its network to all potential
subscribers.
- France
suggests to include the Internet
connections for schools in the universal
service
- The French
Government has announced the awarding of
four fixed telephony licenses to Telecom
Développement (Cegetel/SNCF), Bouygues
Stet Telecom, Siris and Omnicom.
- ART
investigates two proposals for satellite
personal services (S-PCS) licenses
brought in by Tesam (France
Telecom/Alcatel) and Iridium Italia
(Telecom Italia/Telecom Italia Mobile and
Nuova Telespazio). The S-PCS networks
will be available by 1998/1999 and
provide services such as telephony, fax,
paging, email, low-rate data
transmission.
- Access to
under-water cable: following the
consultation launched in October (see
above), ART announced in December that it
will guarantee each operator the same
conditions for accessing and using the
under-water cables as well as guarantee
the access to the earth stations,
interfacing the under-water cable and the
mainland infrastructure.
|
1.3 Main regulatory events until
September 1998
| January 1998 |
- Lyonnaise
Cable asks ART for the right to provide
Telephony services ; this new complaint
follows the first complaint made in April
1997 for the right to offer Internet
access at which ART gave a positive
answer (see above).
- ART
Information on Licenses : 19 licenses
have already been issued. Four of them
have been submitted to the minister for
decision and 23 are being processed.
These 46 do not include the licenses for
mobile radiocommunication.
- ART makes
arrangements for subscribers connected
via France Telecom's first-generation
switches. At the beginning of January,
the press pointed out that nearly 2
million households, connected via France
Telecom's first generation switches would
not be able to choose its
telecommunications operator directly by
dialling the single
" E " digit. The
problem represents about 1.8 million
lines, or 5.6% of subscribers. First
generation switches are due to be
replaced between now and the year 2000,
according to France Telecom's investment
schedule. ART has made provisions for
this transitional period. ART has put in
place a transitional technical solution.
|
| February 1998 |
- ART refuses
France Telecoms special rates for
Internet users
- ART plans to
issue experimental wireless local-loop
licences .
- ART gives the
two last single E prefixes
for carrier selection
- ART reserves
the first 4-digit prefixes
- ART allocates
frequencies to a cable network operator
for the transmission of TV programmes
- ART adopts
management rules for the national
numbering plan
- Publication
of two Decrees on encryption
- On February
26, Christian Pierret, the State
Secretary For Industry, presented in
Brussels a memorandum on the creation of
"a European and international
environment to develop the electronic
commerce" on the Internet.
|
| March 1998 |
- ART explains
its position on the use of devices to
connect to mobile telephone networks,
gives precision on the current regulatory
framework and equipment Conformity
certification. ART has decided that the
use of connection devices, which enable
users to enjoy lower tariffs for their
calls to mobile phones, should be
permitted.
|
| April 1998 |
- Publication
of the two last Decrees on encryption:
one defines the categories and means of
encryption services exempt from all
preliminary rules; the other defines the
categories and means of encryption
services in which the procedure of the
preliminary declaration is replaced by
the authorisation one (http://www.industrie.gouv.fr).
- ART
authorises pilot trials on wireless local
loop: ART has already received 17
applications for local loop trials. ART
launched the preparatory phase for
wireless local loop deployment in March.
It will last for approximately one year.
ART is now collecting applications for
frequency allocations in these bands, to
enable trials to begin as soon as
possible.
- Internet over
cable network: France Telecom's appeals
rejected. The Court confirmed July 97
decision in favour of cable operators.
France Telecom, which owns about 75% of
the country's cable TV network will have
to upgrade its networks as soon as
possible.
|
| May 1998 |
- Confirmation
of the condemnation of France Telecom to
pay a FF 30 million fine for "abuse
of dominant position" in 1992
- New telecom
operators authorised: Telcite (RATP),
MFS, Tele 2 and Rhodium SA (Pineau
Printemps Redoute)
- France
Telecom's rivals lodge a complaint to the
EC concerning Universal Service. All the
operators (including France Telecom) have
to contribute to universal service in
proportion to their traffic share.
According to their small market share,
France Telecom's competitors'
contribution is less than FF100 million
(1,6%). The European law does not forbid
to finance universal service by new
entrants, but France is the only country
to charge new entrants so much.
|
| June 1998 |
- Regiocom wins
a licence of nation-wide networks of
digital professional radiocommunications
- Publication
of a guide on the encryption regulation:
this document gives the administrative
process to use, provide, import and
export encryption means
- France's
response to the EC Green Paper on
Convergence: the French key-players of
telecom and media industry have given
their comments to the EC Green Paper. All
the respondents strongly moderate the
perspectives of convergence between
telecom and media industries.
- ART gave
Lyonnaise Cable the right to provide
Telephony services: France Telecom will
have to modernise the Cable TV network
and Lyonnaise Cable will have to pay for
this modernisation.
- State
Council's decisions on last single-digit
access codes: it confirmed the ART's
pre-selection procedure and recognised
that the attribution of a single-digit
access code does not discriminate
operators which have to accept 4-digits
prefixes.
- Consultation
period on attribution of additional
frequency band to mobile operators
|
| July 1998 |
- Bouygues
Telecom authorised to experiment 900Mhz
- ART sets the
deadline for the launch of the Internet
access service over the Paris cable TV
network (end of January 1999)
- ART declined
a juridiction concerning telematics
services contents
|
| August 1998 |
- Two more
licences awarded on August 14 to
EconoPhone France (US long distance
telecom operator who plans to offer
nationwide long distance telephony,
pre-paid cards and services to operators
in France) and Interoute Communications
France (British private operator who
offers to international operators a
London-based service of exchange of
bandwidth capacities.). 38 licences
have already been awarded in France since
the opening of the competition in the
telephone industry. 13 additional
licences are examined by ART or already
transmitted to the Ministry of Industry.
- ART launched
a call for comments on setting up of
Teleports in Paris area: it invites all
key players to contribute to a study
carried out by CRIL Ingénierie
(Deadline: August 27 1998).
|
| September 1998 |
- ART
authorised a France Telecom's field trial
on wireless local loop around the city of
Rennes. This trial will last until the
end of March 1999. At this date, a report
will be delivered to ART, dealing with
the technical feasibility of the
development of such systems and with
usage of spectrum resources.
- ART
authorises a France Telecom's field trial
on wireless local loop: ART awarded in
September 1998 27.55-27.72 Ghz and
28.27-28.35 Ghz frequency band to France
Telecom for an experimentation of a
point-to-multipoint system around the
city of Rennes. This trial will last
until the end of March 1999. At this
date, the French public operator will
have to deliver to ART a report dealing
with the technical feasibility of the
development of such systems and with
usage of spectrum resources.
- A State
Council's report on the regulation of the
www "The
Internet and the digital networks" has been
published: it tries to make the
distinction between what is related to
the media industry and what is related to
the telecom industry. The report asserts
that the distinction is not based on
technical criteria which would contrast
point-to-point telecom services and
point-to-multipoint media services, but
is based on the nature of the
communication. In one case, the message
is available to the public, in the other
case it is exclusively intended for one
or several persons and is private. The
report concludes that a specific legal
framework for the Internet and the
networks is not necessary but that the
"self-regulation of players"
must be combined with a cooperation of
States to enforce the public interest. It
also proposes to extend the duties of
CNIL to follow this
"self-regulation". An
intergovernmental meeting is expected on
this subject.
- ART launched
a call for comments on 0800 numbers on a
proposal. After discussions, ART decided
that there was a need for clearer usage
conditions for 08ABPQMCDU-format numbers,
according to the type of service proposed
and the price paid for the service. These
numbers enable access to freephone and
audiotex services.
|
2. The
law on telecommunications regulation (Law 96-659, July
26, 1996): a new sharing of regulatory tasks
By replacing the former
regulatory framework based on the law of December 29,
1990 which was not adapted any more to the 1998 European
liberalisation, the new law on telecommunications
regulation (LTR) adopted in June and published in
July 1996 sets up the rules for an increasingly
competitive marketplace.
The LTR lays down a new
sharing of the regulatory tasks within the State.
Table 2:
Sharing of competencies as regards regulation of the
telecommunications industry
Ministry
in charge of Telecommunications (Posts and
telecommunications direction)
|
ART
Authority of Telecommunications Regulation
|
ANF
National Agency of Frequencies
|
- General
regulatory power (after consultation of
the ART): preparation of bills; formal
awarding of authorisation for networks
opened to the public and for vocal
telephony service providers
- Official
representation of the government in
international negotiations
- Supervision
of the public service e.g. universal
service obligations
- Supervision
of France Telecom
|
- Approval of
main public networks operators
catalogue of interconnection
- Settlement of
interconnection litigation and
infrastructures sharing
- Allocation of
resources (frequencies, numbering, access
rights)
- Authorisations
for independent networks
- Investigations
about requests of licence (in particular
authorisation for networks opened to the
public and for vocal telephony service
providers
- Provision of
advises on technical and economic issues
(contributions for universal service
funding, promotion of interconnection,
numbering, etc.)
- Supervision
and regulation of the competition
|
- Planning,
forecasts and management of the radio
spectrum
- Organisation
and co-ordination of frequencies use by
being a one-stop-shop for uses affected
with disturbances
- Management of
a radio spectrum development fund to make
frequencies usage easier
- Awarding
frequencies to administrations and
independent administrative authorities
- Preparation
of Frances position in
International negotiations on frequencies
- Jamming
issues
|
The law defines different
categories of licence for telecom operators:
- licence for operators
of networks open to public, L.33-1
- licence for operators
of telephony services, L.34-1
- licence for
alternative network operators, ALT.
The experimental licence
defined under the 'information highways law' (Law 96-299)
will be modified and put in conformity with the law on
telecommunication regulation.
3.
ARTs functions and assignments
The ART was set up under
the 1996 Telecommunications Law on Regulation, but took
up its duties the 5th January 1997, when the
French government released a decree setting ART members.
The ART is the regulator
for the French telecommunications industry in charge of
the observation and regulation of competition. Under the
1996 Law, the ART has a duty to work on the following
issues :
- Investigation about
operating licences
- Frequencies granting
- Opinion on bills
- Litigation
- Pricing
- Market transparency
and information of the actors.
II - Changes and
adjustments over the last three months (October-December
1998)
See also http://www.telecom.gouv.fr, http://www.art-telecom.fr and http://www.internet.gouv.fr.
1. Main
regulatory events
| October 1998 |
- Six new
licences awarded by ART (see details
below).
- Colt Telecom
against EPAD (final episode): Colt did
not get satisfaction in its complaint
against EPAD.
- Local
authorities and public telecom markets:
according to two Decrees of February and
August 1998, if a local authority wants
to put an end to its unlimited period
contract with the historical public
operator (France Telecom), it will have
to launch a call for tenders (for every
more than FF 330,000 contract) in order
not to prevent the competition on
telecommunication services, even if the
final choice turns out to be France
Telecom.
- Approval of
France Telecom's special rates for
schools Internet access: on September 29,
1998, Cegetel has unveiled his offer for
school Internet access, called
"Internet Ecoles" and which is
qui te the same as France Telecom's. The
fact that Cegetel can offer a similar
service puts an end to the legal action
against France Telecom.
- Forum on
mobile telephony issues open on October
12 on ART's
web site: it can be considered as a
"call for ideas" from consumers
on contracts, tariffs, service quality
and technological development in mobile
telephony. A workshop on "Consumers
and mobile telephony" will follow in
January 1999.
- ART
communication on made-to-measure France
Telecom's offer for large companies: ART
has clarified the current regulation on
this subject and announced that it will
ask the advice of the Competition
Council.
- The
Competition Council of the Minister of
Economy and Finance approved the purchase
of Havas by Vivendi -ex-CGE) considering
that the merger was not anticompetitive.
|
| November 1998 |
- A report from
the French Parliamentary delegation to
the European Union against an European
project of directive on IPRs: the report
approves the idea of a European
harmonisation in the domain of IPRs, but
stresses that the project of directive
does not guarantee a sufficient level of
protection.
- Five new
licences awarded by ART (see details
below).
|
| December 1998 |
- ART extends
the pilot trials on wireless local loop:
on November 25, ART announced that it
will extend the period of pilot trials on
wireless local loop until the end of
1999. Today, about ten companies are
engaged in about 15 pilot trials. ART
considers that the local loop is one of
the most important factor for the
introduction of an effective competition
in the telecommunication sector. It
announced that it will propose in the
coming months a final action plan for the
implementation of this technology, on the
basis of the pilot trials' results.
Permanent licences of wireless local loop
will be then issued.
- New sell-off
of France Telecom: the Government
launched a second phase in the partial
privatisation of France Telecom. The sale
amounts at 5% stake of the incumbent
operator. It is expected to yield about
FF36 bn for the State and FF23 bn for the
France Telecom. At the end of this sale,
33% of France Telecom's capital will be
on the stock exchange, France Telecom
employees will own 3% and Deutsch Telekom
2%.
|
2.
Licences issued in October and November 1998
Name of the company
|
type of licence
|
Date of publication in
the Official Journal
|
Prefixe given
|
| Telecontinent |
Complete |
6 october 1998 |
1633 |
| Graphtel |
L.34-1 |
7 october 1998 |
- |
| Infotel (experimentation of local
loop in Martinique) |
L.33-1 (local loop experimental
network open to the public) |
8 october 1998 |
1617 |
| KDD |
L.34-1 |
22 october 1998 |
1682 |
| Suez Lyonnaise Telecom |
complete + L.34-4 (cable networks) |
23 october 1998 |
1612 |
| NETs SA |
L.33-1 |
27 octobre 1998 |
- |
| FirstMark Communications France
(expérimentation de boucle locale radio) |
complete |
8 novembre 1998 |
- |
| Iridium Italia Spa |
complete + L.34-3 |
10 novembre 1998 |
- |
| Saint-Martin Téléphone |
complete + L.34-3 |
17 novembre 1998 |
- |
| Mobicom SA |
L.34-1 |
17 novembre 1998 |
- |
| Estel |
complete |
25 novembre 1998 |
- |
III - On-going
developments
1.
France Telecom versus local authorities
France Telecom lodged a
complaint in July to the "Tribunal
administratif" (the Administrative Court) against
the "Communauté Urbaine du Grand Nancy" (an
association of cities). The telecom considers that the
local authority cannot invest in a competitive sector
such as telecommunications. The problem is that the
competition is limited to national and international
communications while local authorities have essential
needs in local communications. The committee asserts that
they do not pretend to be a competitor of the public
operator, but they want to rent their available networks
to telecom operators. The case is still on progress.
2. The
vote of the bill on "Audiovisual" is postponed
More than one year ago,
Mrs Catherine Trautmann, the Minister of Culture and
Communication, presented a bill to renew the regulatory
framework of the audio-visual industry. At the beginning
of December 1998, Catherine Trautmann announced that the
vote of the bill (which was scheduled in December) is
postponed sine die because of overloaded parliamentary
work program. After several modifications made to the
initial text by the Prime Minister, the bill plans now to
group together into one big holding all the public TV
channels (France 2, France 3, La Sept-Arte, La Cinquieme
and RFO). This last point is particularly under
discussion among the MPs. The aim of this bill is to
renew the 1986 regulatory framework. The 1986 law (Law
86-1067, 30/9/96) governs the whole communication
activities. In spite of its modification by 23 laws and
decrees between 1986 and 1995, it gradually became
unsuitable for the rapid development of communication
technologies, of competition in telecommunication
services and networks, and of the European legislation.
3. Two
proposals for S-PCS are under investigation
ART is still currently
investigating two proposals for the provision of
satellite personal services (S-PCS) brought in by Tesam
('France Telecom 51% and Alcatel 49%) and Iridium Italia
(Telecom Italia 30%, Telecom Italia Mobile 35%, Nuova
Telespazio (35%). The S-PCS networks will be available
from 1998/99 and will provide the users with services
like telephony, fax, paging, email, low-rate data
transmission) at the planetary scale. ART has launched a
call for comments to every concerned people willing to
comment on these new services. This call runs until the
26th December 1998.
4. Bill
on the transposition of the 24/10/95 European directive
on privacy, data protection and free circulation of data.
The Prime Minister
proposed a bill (previously adopted by the French
National Assembly) to the Senat on the possible
adaptations of the French 1978 legislation to the
95/46/CE directive on privacy, data protection and free
circulation of data (cf Official Journal of European
Community, 23/11/95). This directive aimed at reducing
divergences between the different national legal
frameworks on data protection in order to permit a free
circulation of private data within European Union. Each
member state has to adapt its law o the EC Directive
before October 24, 1998. It can be recalled that in 1996,
the 'Garde des Sceaux' , Mr Jacques Toubon appointed two
members of the State Council to carrying out a first
study on this subject. On August 25, 1997, the Prime
Minister, Lionel Jospin appointed Guy Braibant with a
mission on to produce a first 'pre-bill'. Guy Braibant
gave its conclusions to Prime Minister on March 3, 1998.
5. The
following issues are expected to be developed in the
coming months
Several decisions are
expected concerning universal service issues:
- The government has
declared it could review the law on
telecommunications regulation before the end of
this year to take into account the latest
ECs decisions on universal service issues
- ART is still expected
to unveil before the end of this year its
assessment of the cost of Universal Service for
1999. In its Annual Report (which is available in
English at http://www.art-telecom.fr/communiques/pressrelease/index-d.htm), ART already proposed to
the government to modify the Decree on Universal
Service in order to reduce its cost. The
government should give its response soon because
the European Commission has sent last summer a
'formal demand'. In fact, the EC wonders if the
French law is in agreement with the European
directives and asks the French government to
justify the cost of universal service in France
considered as too high by other Member States.
- Various national
authorities and commissions are still examining a
bill on application of Universal Service
Principle to low income households and disabled.
In April, Christian Pierret, State Secretary to
the Industry promised it will be implemented 'in
the coming months.
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