Public Electronic Communications Network
Independent Electronic Communications Network
Allocation of Radio Frequency Resources
The EU directives adopted at the beginning of 2002 regarding electronic communications networks and services require certain member states, including France, to modify their frameworks regulating the establishment and operation of telecommunications networks and the supply of telephone services. The EU directives had an implementation deadline of July 24 2003. Although France has not yet adopted the legislative provisions needed to implement the directives, the Telecommunications Regulatory Authority, working with the minister for industry, adopted in July 2003 certain guidelines relating to the legal framework that will apply until the directives themselves are implemented. This implementation is expected in the first semester of 2004.
The Telecommunications Regulatory Authority's guidelines have established a system of declaration rather than of authorization, applying to both the establishment and operation of a public electronic communications network, as well as to the supply of electronic communications services. The procedure for making a preliminary declaration has also been made easier in regard to the establishment and operation of an independent electronic communications network.
Public Electronic Communications Network
The establishment of a public electronic communications network (previously governed by Article L.33-1 of the Post and Telecommunications Code) is no longer controlled through a system of individual licences. Instead a declaration must be made in advance to the regulator by registered post. This must include the following information:
- the precise identity of the operator;
- a description of the network to be established;
- the geographical coverage of the network; and
- the expected start date of network usage.
The information provided must be definitive, particularly in regard to the identification of the company operating the network. Therefore, the procedure for making the declaration can only be followed once the company has been registered.
As the regime of individual licence no longer applies to the establishment of a public electronic communications network, the regulator no longer analyzes the information sent by the operator. On receiving a declaration, the regulator simply sends confirmation of its receipt. This confirmation must be sent to the operator within 15 days of the declaration being received by the regulator.
The simplified form of declaration thus avoids the need to assign individual telecommunications licences. The application fee, previously owed to the regulator when filing a licence application, is no longer required. Only the annual administration fee is still charged by the regulator and continues to be calculated according to the geographical area covered by the network.
Independent Electronic Communications Network
The declaration procedure applicable to the establishment and operation of an independent network (of a closed user group type) is also covered by the guidelines adopted by the regulator in July 2003. A declaration must be sent to the regulator (by registered post) and must particularly indicate the identity of the operator of the independent network and the means by which the independent nature of the network is to be established. The declaration must also include the following:
- a description of the network to be established (in particular the closed user groups concerned);
- the geographical coverage of the network; and
- the expected start date of network usage.
The regulator will confirm receipt of the declaration in the same manner as for public electronic communications networks.
Allocation of Radio Frequency Resources
The legal framework regulating the allocation of radio frequency resources has not been modified by the guidelines adopted by the regulator in July 2003. The allocation of radio frequency resources will remain subject to individual authorization.
The authorization system should therefore continue to be pursued with the regulator's frequency unit services. Frequency application can begin once the regulator has confirmed receipt of the declaration for the establishment of an electronic communications network.
The fee charged for the allocation of radio frequency resources will continue to be set by the regulator.
For further information on this topic please contact Robert Follie or Carole Arribes at Lovells by telephone (+33 1 53 67 47 47) or by fax (+33 1 53 67 47 48) or by email ([email protected] or [email protected]).