InterAmÔ
Database
18 March 2003
Journal Officiel de la République
française (
Posts &
Telecommunications Code
Posts
& Telecommunications Code
Date du dernier texte modificateur signalé : Décret
2003-239 of
BOOK I
The postal service
TITLE I
General provisions
CHAPTER
I: The postal
monopoly
Article L1
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
The universal postal service shall contribute to
social cohesion and the balanced development of the territory. It shall be
provided in compliance with the principles of equality, continuity and
adaptability while seeking optimum economic and social efficiency. It shall
provide all users across the whole of the national territory with continuous
postal services that meet established quality standards. These services shall be
offered at affordable prices for all users.
It shall include national and cross-border services
for mail weighing 2 kilograms or less, packages weighing up to
20 kilograms, recorded delivery items and declared value items.
Collection and delivery services under the universal
postal service shall be provided on each working day, except in exceptional
circumstances.
Article L2
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
La Poste shall provide the universal postal service.
With regard to the services provided under the universal service, it shall be
subject to obligations relating to service quality, accessibility to these
services, handling of user complaints and, with regard to certain services,
compensation in the event of loss, theft, damage or failure to comply with its
service quality undertakings. It shall also be subject to accounting and
special information obligations.
National and cross-border services for items of
correspondence, whether or not sent by express mail, including mailshots,
weighing less than 350 grams, the price of which is less than five times the
applicable rate for an item of correspondence in the first weight band of the
fastest standardised category, shall be reserved for La Poste.
Where the use of the recorded delivery service is laid
down by a legal or regulatory text, this service shall be reserved for
La Poste, which shall be subject to obligations in this regard.
The implementing provisions of this Chapter shall be
laid down by a Conseil d'Etat decree following the opinion of the
Commission for the Public Service of Posts and Telecommunications.
Article L3
Post-office-based postmasters and post office agents
in maritime towns or locations shall be responsible, to the exclusion of any
other person, for the service regarding letters and packages weighing 1
kilogram or less, being sent from or to overseas departments and territories.
Article L4
All captains or crew members of ships arriving in a
port in
CHAPTER
II: Exceptions
to the inviolability and secrecy of correspondence
Article L5
(Act No 66-948 of 22 December 1966, Article 34, Official
Journal of 23 December 1966)
(Act No 85-1407 of 30 December 1985, Articles 92
and 94, Official Journal of 31 December 1985, in force on 1
February 1986)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
La Poste shall notify the direct taxation office,
the television license fee authority and the legal authorities which so request
in relation to criminal matters, of changes of address of which it is aware.
Article L6
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
As specified in Article 66 of the Customs Code,
La Poste is authorised to submit to customs inspection, mail subject to an
import ban, liable to duties or taxes collected by the customs service or
subject to entry restrictions or formalities, under the conditions laid down by
the Universal Postal Union conventions and agreements.
La Poste is also authorised to submit to customs
inspection mail subject to an export ban, liable to duties or taxes collected
by the customs service or subject to exit restrictions or formalities.
Customs officers shall have access to permanent or
mobile post offices, including sorting rooms communicating directly with the
outside, in order to search, in the presence of post office agents, sealed or
unsealed mail of an internal or external origin, with the exception of mail in
transit, which contains or appears to contain the objects referred to in this
Article. In no event may the secrecy of correspondence be breached.
TITLE
III: The public operator’s liability
Article L7
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
La Poste is not obliged to pay any compensation
for the loss of ordinary items of correspondence, without prejudice to the
provisions of Article L. 2.
Article L8
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
The loss, damage or despoilment of recorded delivery
items shall give rise to the right to compensation, except in the event of
force majeure, the amount of which shall be laid down by a decree, to be paid
either to the sender, or in the absence of a claim by the latter, to the
addressee.
Article L9
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
La Poste shall be released from liability for recorded
delivery letters on their delivery against receipt to the addressees or to
their authorised representatives, and it shall be released from liability for
other recorded delivery items on their delivery against receipt either to the
addressees, or to a person in their service or living with them.
Article L10
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
La Poste shall be liable, up to an amount laid down by
a decree, except in the event of loss due to force majeure, for items of value
contained in letters and declared in accordance with the rules.
It shall be released from this liability on the
delivery of letters for which the addressees or their authorised
representatives have provided a receipt.
In the event of a dispute, an action relating to
liability shall be brought before the civil courts.
Article L11
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
Consignments of jewellery and precious objects shall
be treated as declared value letters with regard to La Poste’s liability.
In the event of loss or damage resulting from the
breakage of boxes which are intended to contain these consignments and which do
not comply with the regulations, La Poste is not obliged to pay any
compensation.
Article L12
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
When La Poste has paid the amount of the declared
value which did not reach its destination, it shall subrogate to all the rights
of the owner. The latter must inform La Poste, at the time this payment is
made, of the nature of the items, as well as any circumstances which may
facilitate the effective exercise of its rights.
Article L13
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
It shall bear no liability in the event of delayed
delivery or non-delivery by express mail; in the latter event, the special fee
must be refunded.
Article L13-1
(Act No 65-395 of 25 May 1965, Official
Journal of 26 May 1965)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
Claims regarding any kind of items of correspondence
shall only be admissible, whatever their objective or purpose, within one year
as of the day after the date the item of correspondence was posted.
CHAPTER I: Home deliveries
Article L14
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
Hotel managers, travel agency managers or their
employees approved by La Poste may, under the conditions laid down by the
Ministry of Posts and Telecommunications, be authorised to receive, in the
absence of any written opposition by the sender or addressee, recorded delivery
letters or items or declared value items sent to their customers.
This discharge shall substitute the liability of the
hotel managers or travel agency managers for that imposed by Articles L9
and L10 on La Poste.
CHAPTER
II: Over-the-counter
deliveries
Article L15
(Act No 66-996 of 26 December 1966, Official
Journal of 28 December 1966)
Ordinary recorded delivery or declared value items of
correspondence that are addressed "poste restante" to minors not
declared of full age and capacity under eighteen years of age, may only be
delivered to them on presentation of written authorisation from their father or
mother or, in their absence, their guardian. In the absence of authorisation,
the item of correspondence shall be returned to the sender or passed to the
undeliverable mail office.
Article L16
Owing to the transportation of mail, items of
correspondence or packages, all captains of vessels sailing between France and
the Algerian departments shall bear the same liability towards the posts and
telecommunications administration as the administration does to the public.
Article L17
(Act No 89-469 of 10 July 1989, Article 9, Official
Journal of 11 July 1989, in force on 1 January 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
Any person who, as a repeated offence, transports
items of correspondence in breach of the provisions of Article L. 2, shall be
liable to a fine of 25 000 francs. An offence shall be deemed to be repeated
where the offender has already been convicted of breaching the provisions of
Article L. 2 during the previous three years.
Article L18
In the event of a conviction imposed in accordance
with the above Article, the court may order no more than fifty copies of the
judgement to be published, all at the offender’s expense.
Article L19
Transport contractors shall be personally liable for
offences committed by their employees, except where action is taken against the
latter or against any person whose actions resulted in the offence.
Article L20
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
In order to implement the provisions of Article L. 2,
sworn officials of the posts and telecommunications administration, border
customs officers, the national gendarmerie and any agents of the authority
responsible for reporting misdemeanours and offences, may seize goods from and
search any persons who, owing to their profession or business, regularly transport
items from one place to another. They may be assisted to this end by the army
if they deem it necessary.
Article L21
Reports must be made out at the time of the seizure;
they shall include a list of the letters and packages as well as the addresses
thereon.
Article L22
The seized letters or packages referred to in the
above Article shall be taken, together with a copy of the reports, to the
nearest post office. They shall be forwarded to their destination and delivered
against payment of the tax due. The officials of the posts and
telecommunications service shall immediately send the reports to the Public
Prosecutor in order to institute proceedings against the offenders with regard
to the sentence laid down for each item of mail transported fraudulently.
Article L23
Customs officers shall ascertain, during inspections
of ships, that the captain and crew members are not carrying letters or
packages that they intend to withhold from the post. In the event that a
summary offence is discovered, they shall make out a report. The letters or
packages shall be seized and taken to the post office in that area.
Article L24
Breaches of the provisions of Articles L. 3 and L. 4
shall be reported in the manner laid down by Articles L. 20, L. 21 and L. 22;
any person who repeats such an offence shall be liable to the penalties laid
down in Articles L. 17 and L. 18.
Article L25
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 92-1336 of 16 December 1992, Article
201, Official Journal of 23 December 1992, in force on 1
March 1994)
Any person who commissions franking machines without
the authorisation of La Poste, or who commits attempted fraud by using the
machines shall be liable to imprisonment for a term of six months and a fine of
50 000 francs.
Article L26
(Act No 77-1468 of 30 December 1977, Official
Journal of 31 December 1977)
(Act No 85-835 of 7 August 1985, Article 8, Official
Journal of 8 August 1985, in force on 1 October 1985)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
Any person who makes a fraudulent declaration of value
which is greater than the true value of items contained in a letter shall be
liable to imprisonment for a term of one year and a fine of 25 000 francs.
Article L27
The provisions of the above Article shall apply to
postal packages.
Article L28
(Act No 72-437 of 30 May 1972, Article 2, Official
Journal of 31 May 1972)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
The Ministry of Posts and Telecommunications shall
bring proceedings for breaches of the provisions of Articles L. 2, L. 3,
L. 4 and L. 17 regarding the postal monopoly and also breaches concerning the
insertion of prohibited items of value in mail, or the use of postage stamps
which have already been used.
The Ministry of Posts and Telecommunications is
authorised to compromise in such matters.
Article L29
It is prohibited, under the penalties prescribed by
Articles L. 17 and L. 18, where the breach is a repeated offence, to place
inside mail entrusted to the postal service:
dangerous or dirty materials or objects;
goods liable to customs or excise duties: prohibited
goods.
Article L30
Post-office-based postmasters are authorised to
request, in the presence of a post office agent or employees of the indirect
taxation service or customs service, that an addressee open on receipt sealed
letters or envelopes from any place of origin which are presumed to contain
items either liable to internal formalities regarding movement or liable to
customs duties or subject to a prohibition.
They must carry out this requisition each time they
are asked to do so by the customs service or by the indirect taxation service.
Article L31
Excepting the cases laid down by international
agreements, it is prohibited to place opium, morphine, cocaine or other
narcotic drugs inside mail, under the penalties laid down by Article L. 627 of
the Public Health Code.
BOOK II
Telecommunications
CHAPTER
I: Definitions
and principles
Article L32
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 1, Official
Journal of 27 July 1996)
(Order No 2001-670 of
1) Telecommunications.
Telecommunications means any form of transmission,
emission or reception of signs, signals, text, images, sound or other
information, by wire, optical fibre, radio or other electromagnetic means.
2) Telecommunications network.
Telecommunications network 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 in order to
provide public telecommunications services.
3a) Network terminal points.
Network
terminal points means the physical points through which users access a public
telecommunications network. These connection points form part of a network.
4) Independent network
Independent
network means a telecommunications network intended for private or shared use.
An
independent network is referred to as:
- for
private use when it is reserved for use by the natural or legal person which
established it;
- for
shared use when it is reserved for the use of several natural or legal persons
forming one or more closed groups of users, with a view to exchanging internal
communications within that same group.
5) Internal
network.
Internal
network means an independent network installed entirely within one premises and
not using public property - including radio frequencies - or any third
property.
6)
Telecommunications service.
Telecommunications service means a service which includes the transmission or
routing of signals or a combination of these functions using telecommunications
processes. Broadcasting telecommunications services are not subject to this
provision insofar as they are governed by the aforementioned Act No 86-1067 of
7) Public
telephone service.
Public
telephone service means the commercial provision to the public of a service
conveying direct, real-time voice telephony between public switched telephone
networks for fixed and mobile users.
8) Telex service.
Telex
service means the commercial provision to the public of a system of direct,
real-time typed messages in the form of telegraphic signals, between users
connected to the terminal 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 that they use.
Interconnection also means the network access services provided for the same
purpose 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 television
broadcasting services is not included in this definition, unless such equipment
can also be used for access to telecommunications services.
11) Radio
network, installation and equipment.
A network, installation or equipment are
described as radio when they use radio frequencies to transmit radio waves in
an open space. In particular, 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 people’s health and safety, electromagnetic
compatibility between telecommunications equipment and installations and, where
appropriate, proper use of the radio frequency spectrum avoiding harmful
interference to third parties. The essential requirements also entail, in
certain cases, the protection of networks and in particular, the exchange of
the associated control and operational information, the interoperability of
services and of terminal equipment, data protection, environmental protection
and consideration of town planning and national and regional development
requirements, the compatibility of terminal equipment and radio equipment with
fraud-avoidance devices, ensuring access to emergency services and facilitating
their use by disabled persons.
Interoperability of terminal equipment means the ability of this equipment to
work with the network on the one hand, and with other terminal equipment on the
other.
A decree shall lay down the threshold values which must not be exceeded by the
electromagnetic fields emitted by the equipment used in telecommunications
networks or the installations referred to in Article L. 33-3, where the
public is exposed to them.
13) Public operator.
Public
operator means a public law legal person whose tasks are laid down in
Article 3 of Act No 90-568 of
14) Public
network.
Public
network means the body of telecommunications networks established or used by
the public operator for the needs of the public.
15)
Operator.
Operator
means any natural or legal person operating a public telecommunications network
or providing a telecommunications service to the public.
Article L32-1
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 2, Official
Journal of 27 July 1996)
(Order No 2001-670 of
I - Under the conditions laid down by the provisions
of this Code:
1) telecommunications activities shall be carried out
freely, in accordance with 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 telecommunications service obligations
laid down in Chapter III which include, in particular, guaranteeing all persons
access to the universal telecommunications service, shall be safeguarded and
developed;
3) the telecommunications sector shall be regulated
independently of the operation of networks and the provision of
telecommunications services. Regulation shall be administered, on behalf of the
Government, by the Minister for Telecommunications and the Telecommunications
Regulatory Authority, in accordance with the provisions of Chapter IV.
II. – The Minister for Telecommunications and the Telecommunications
Regulatory Authority shall ensure, according to their respective competences:
1) the provision and financing of all the components of the public telecommunications
service;
2) effective and fair competition among network operators and
telecommunications service providers, in the interests of users;
3) job development, innovation and competitiveness in the telecommunications
sector;
4) public network access and interconnection conditions which guarantee equal
market conditions and the possibility of unrestricted communication between
users;
5) compliance by telecommunications operators with the secrecy of correspondence
and neutrality with regard to the content of transmitted messages;
6) compliance of network operators and telecommunications service providers
with the obligations incumbent upon them in the interests of national defence
and public security;
7)
consideration of the interests of users and the territories with regard to
access to services and equipment;
8)
development of shared use among operators of the installations referred to in
Articles L. 47 and L. 48.
Article L32-2
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 3, Official
Journal of 27 July 1996)
In accordance with its tasks, laid down in Article 35
of Act No 90-568 of 2 July 1990 on the organisation of the public posts and
telecommunications sector, the Commission for the Public Service of Posts and
Telecommunications shall contribute to the balanced development of the
telecommunications sector. It shall also ensure compliance with public service
principles, in particular, with the universal service principles in the
telecommunications sector. Besides the opinions, recommendations and
suggestions it submits to the Ministry in its sphere of competence, the
commission may also be consulted by the Telecommunications Regulatory Authority
and by the standing committees of the National Assembly and the Senate, on
telecommunications matters which fall within their jurisdiction. It may call on
the Telecommunications Regulatory Authority to intervene on issues under its
jurisdiction with regard to controlling compliance by operators and penalising
operators for non-compliance with the public service and universal service
obligations incumbent on them under the legislative and regulatory provisions
of this Code and the authorisations which they have been granted.
In this context, it may issue an opinion in particular
regarding 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 this 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 shall make recommendations to the Government
regarding fair competition in the telecommunications sector.
It shall draw up an annual report to be submitted to
Parliament and to the Prime Minister. This report shall include a review of the
public telecommunications service including a chapter on, in particular, the
universal telecommunications service and a chapter covering the progress made
in achieving the public interest tasks set out in the third subparagraph of
Article L. 35-6. The Commission for the Public Service of Posts and
Telecommunications shall draft this report after consulting the annual report
of the Telecommunications Regulatory Authority.
Article L32-3
(inserted by Act No 90-1170 of 29 December 1990,
Articles 1 and 2, Official Journal of 30 December
1990)
The public operator, persons licensed to establish a
public network and telecommunications service providers, as well as their
staff, must respect the secrecy of correspondence.
Article L32-3-1
(Act No 2001-1062 of 15 November 2001, Article
29, Official Journal of 16 November 2001)
(Act n° 2003-239 of 18 March 2003, Article 20,
Official Journal of 19 March 2003)
I. – Telecommunication operators and in particular
those referred to in Article 43-7 of the aforementioned Act No 86-1067 of 30
September 1986, must delete or make anonymous any data regarding a
communication as soon as it is completed, subject to the provisions of II, III
and IV.
II. – For the requirements of investigating, reporting
and bringing proceedings for criminal offences, and with the sole purpose of
making information available, as appropriate, to the legal authority,
operations which intend to delete or make anonymous certain categories of
technical data may be deferred for a maximum of one year. A Conseil d'Etat
decree, to be issued following the opinion of the Commission for Information
Technology and Civil Liberties, shall lay down, within the limits set out by
IV, these categories of data and the length of the conversation, according to
the operators’ activity and the nature of the communications as well as the
payment terms, where appropriate, for the identifiable, specific additional
costs of services provided by operators in this regard, at the Government’s
request.
III. – For the requirements of invoicing and payment
of telecommunication services, operators may, until the end of the period
during which the invoice may be disputed or proceedings brought to obtain
payment, use, retain and, where appropriate, forward to third parties directly
concerned with the invoicing or recovery, the categories of technical data
which shall be established, within the limits laid down by IV, according to the
operators’ activity and the nature of the communications, by a Conseil
d'Etat decree, to be issued following the opinion of the Commission for
Information Technology and Civil Liberties.
Furthermore, operators may process these data in order
to market their own telecommunication services for a fixed period of time, if
the users expressly consent to this. This time limit may not, in any case,
exceed the period of contractual relations between the user and operator.
Furthermore, they may retain certain data in order to ensure the safety of
their network.
IV. – The data retained and processed under the conditions
laid down in II and III shall exclusively concern the identification of the
users of services provided by the operators and the technical characteristics
of the communications provided by the latter.
The data may in no case concern the content of the
correspondence exchanged or information consulted, in any form whatsoever, in
the context of these communications.
The retention and processing of these data shall be
carried out in accordance with the provisions of Act n° 78-17 of 6 January 1978
on information technology, files and civil liberties.
Operators shall take all measures necessary to avoid
the use of these data for purposes other than those provided for in this
Article.
Article L32-3-2
(inserted by Act No 2001-1062 of 15 November
2001, Article 29, Official Journal of 16 November
2001)
The limitation period for any claim for a refund of
the cost of the telecommunications services provided by the operators referred
to in Articles L. 33-1, L. 34-1 and L. 34-2, shall expire after a period of
one year as of the day payment was made.
The limitation period for amounts due for payment by
users for the telecommunications services of an operator falling within the
categories referred to in the above subparagraph where the operator has not
claimed them, shall expire after a period of one year as of the date these
amounts fell due.
Article L32-3-3
(inserted by Act No 2001-1062 of 15 November
2001, Article 71, Official Journal of 16 November
2001)
The provisions of Articles L. 32-3-1 and L. 32-3-2
shall be applicable in New Caledonia, French Polynesia and in the Wallis and
Futuna Islands.
Article L32-4
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 5, Official
Journal of 27 July 1996)
In carrying out their tasks, the Minister for
Telecommunications and the chairman of the Telecommunications Regulatory
Authority may:
1) collect from natural or legal persons which operate
telecommunications networks or provide telecommunications services, any
information or documents necessary to ensure that said persons comply with the
principles laid down in Articles L. 32-1 and L. 32-3, as well as the
obligations incumbent on them in accordance with legislative and regulatory
texts or arising out of the licence granted to them;
2) conduct inquiries concerning the said persons;
they may appoint civil servants authorised to conduct such inquiries under the
provisions of Article L. 40.
The Minister for Telecommunications and the chairman
of the Telecommunications Regulatory Authority shall ensure that the
information gathered in accordance with this Article is not disclosed when said
information is protected as confidential under Article 6 of Act No 78-753 of 17
July 1978 laying down various measures to improve relations between the
administration and the public and various administrative, social and fiscal
provisions.
Article L32-5
(Act n° 2003-239 of
The operators who exploit a network of electric radio
communication, which is open to the public, must implement the technical
schemes destined to prohibit, save urgency phone calls, access to their network
or to their communication services transmitted through mobile terminals, which
are identified and for which they have received a theft claim.
Nevertheless, the judicial police officer may order
the operators, after the consent given by the procurer or the instructing
judge, not to apply the provisions of the first paragraph.
NB. Act 2003-239 2003-03-18, Article 72II: These
provisions shall take effect for the mainland
Article L32-6
(Act n° 2003-239 of 18 March 2003, Article 126 I
2°, Official Journal of 19 March 2003, in force on 1 January 2004)
The provisions of Articles L32-3-1, L32-3-2 et L32-5
shall apply in New-Caledonia, French Polynesia and the Wallis and Futuna
Islands.
CHAPTER II
Legal framework
Article L33
(Act No 86-1067 of 30 September 1986, Article
82, Official Journal of 1 October 1986)
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 4, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
Telecommunications networks shall be established under
the conditions laid down in this Section.
This Section shall not apply to the following:
1) state installations established in the interests of
national defence or public security, or using frequency bands or frequencies
allocated by the Prime Minister to an administration for its own requirements,
in accordance with Article 21 of Act No 86-1067 of 30 September 1986 on the
freedom of communication;
2) the installations referred to in Articles 10 and 34
of the same Act. Installations of this type used for the provision of public
telecommunications services shall be subject to the provisions of this Code
governing the operation of public networks, only insofar as they are used to
provide telecommunications services.
Article L33-1
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 4, Official Journal of 30 December 1990)
(Act No 93-1420 of 31 December 1993, Article 1,
Official Journal of 1 January 1994)
(Act No 96-659 of 26 July 1996, Article 6,
Official Journal of 27 July 1996)
(Order No 2001-670 of 25 July 2001, Articles 8,
21 and 28, Official Journal of 28 July 2001)
(Act n° 2002-1576 of 30 December 2002, Article
16, Official Journal of 31 December 2002, in force on the 1st
January 2003)
I.- The establishment and operation of public networks
shall be authorised by the Minister responsible for Telecommunication.
Licences may be refused only for purposes of public
safety or in the interests of national defence and public security, or as a
result of technical constraints due to the availability of frequencies, or when
applicants do not have the technical or financial capacity to continually meet
the obligations resulting from the conditions under which their activity is
carried out, or when they have been the subject of one of the penalties
referred to in Articles L. 36-11, L. 39, L. 39-1, L. 39-2 and L. 39-4.
Licences shall be granted subject to compliance with
the provisions contained in the contract documents governing the following:
a) the nature, characteristics, coverage area and
extension schedule of the network;
b) the operating hours, quality and availability of
the network and access conditions, particularly for public pay phones;
c) the conditions of confidentiality and neutrality
with regard to the messages transmitted and information concerning the
communications;
d) the standards and specifications of networks and
services, particularly European standards when appropriate;
e) the provisions required for the protection of
health and the environment and for national and regional development and town
planning objectives, including, where appropriate, conditions governing the occupation
of public property and arrangements for the sharing of infrastructures;
f) provisions required on the grounds of national
defence and public security;
g) the contribution of the operator to research and
training in the field of telecommunications;
h) the use of allocated frequencies, the fees related
to this use and the costs of their management and monitoring;
i) the allocation of numbers or numbering ranges, fees
due to cover the management and control costs of the numbering plan, in
accordance with the conditions laid down in Article L. 34-10;
j) universal service obligations incumbent on the
licence holder in accordance with Articles L. 35-2 and L. 35-3, and with regard
to the mandatory services laid down in Article L. 35-5;
k) the provision of the information required in order
to establish and manage the directory referred to in Article L. 35-4;
l) the rights and obligations of the operator with
regard to interconnection;
m) the conditions necessary to ensure fair
competition;
n) the conditions necessary to ensure the equivalent
treatment of international operators in accordance with the provisions of III
and IV below;
o) the conditions necessary to ensure the
interoperability of services;
p) the obligations incumbent on operators to allow the
Telecommunications Regulatory Authority to inspect their contract documents;
q) fees payable by the operator for the grant,
management and control of licences, within the limits of the administrative
costs relating to these practices;
r) the equality of treatment and provision of
information to users, particularly concerning the contractual conditions for
the provision of the service, regarding in particular compensation for
consumers in the event of a failure to meet the quality requirements specified
in (b).
Licences shall be granted for a period of fifteen
years. At least two years before the date of expiry of the licence, the
Minister shall notify the licence holder of the licence renewal conditions or
of the reasons why renewal has been refused. In the event of the establishment
or operation of experimental networks, of the modification or adaptation of the
licence or when so requested by the applicant, the licence may be granted for a
period less than fifteen years; in this case the contract documents shall
specify the minimum time within which the licence holder shall be notified of
the renewal conditions or the reasons why renewal has been refused.
A decree, issued following the opinion of the
Commission for the Public Service of Posts and Telecommunications, shall
specify which of the clauses set out above must conform with standard clauses
of which it shall determine the content.
The
provisions of the draft decree relating to the clause referred to in (m) above
shall be submitted to the Council on competition for its opinion.
B. For services of electronic communication using
bi-directional satellite dish with a transmission power lower than or equal to
2 watts, the fees of operation and management of the electric radio frequencies
owed by operators of satellite telecommunication networks, which are open to
the public, shall be established, at a predetermined price in accordance with
the mainland France or regional criteria, by a decree introduced after the
opinion of the Telecommunication Regulatory Authority.
II. - An operator with an annual turnover in the
telecommunications market exceeding a threshold set by the Ministers
responsible for Telecommunication and Economy shall be required to keep
separate accounts for the authorised activity.
When the Council on competition considers that
operators enjoy a monopoly or dominant position in a sector other than the
telecommunication sector, and the infrastructure used for this activity may be
physically separated, the operators shall be required to give a separate legal
status to this activity which is different from their other telecommunications
activities for the purposes of fair competition.
Operators registered on the list established in
accordance with subparagraph 7 of Article L. 36-7 under a given geographical
area and which hold, in the same area, exclusive rights or which benefit from
special rights in order to operate networks providing radio and television
broadcasting services via cable, must operate the latter activity as a separate
legal personality.
III. - Subject to international agreements signed by
France which contain a reciprocity clause applicable to the telecommunication
sector, the licence referred to in this Article, when relating to a network
using radio frequencies, may not be granted to a company in which more than 20%
of the share capital or the voting rights are held, either directly or
indirectly, by foreign nationals.
Likewise, a foreign national may not make any
transaction which increases, directly or indirectly, the share held by foreign
nationals in a licensed company to more than 20% of the share capital or the
voting rights at the annual general meeting.
For the purposes of this Article, a foreign national
means any natural person of foreign nationality or any company the majority of
shares of which is not held, directly or indirectly, by natural or legal
persons of French nationality.
The provisions of this paragraph shall not apply to
natural or legal persons who are nationals of a
IV. - Subject to international agreements signed by
France, the Minister responsible for Telecommunication and the
Telecommunication Regulatory Authority shall ensure that operators licensed to
route international traffic to and from networks, which are open to the French
public, receive equal treatment, particularly in relation to interconnection
conditions to the French and foreign networks to which they request access.
Subject to the same reservation, they shall also
ensure that the rights conferred by operators in non-Member States of the
European Union on operators licensed in accordance with this Article and
Article L. 34-1, are comparable with the rights they enjoy on national territory,
particularly with regard to interconnection, in accordance with this Code.
V. - The number of licences may be limited owing to
technical restrictions arising from the limited availability of frequencies.
In this event, the Minister responsible for
Telecommunication shall lay down the terms and conditions for the grant of
licenses, following the proposal of the Telecommunication Regulatory Authority.
All cases of frequency allocation shall provide for
conditions of effective competition.
Article L33-2
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 4, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
(Order No 2001-670 of
The establishment of independent networks, other than those referred to in
Article L. 33-3, shall be authorised by the Telecommunications Regulatory
Authority.
A decree,
issued following the opinion of the Commission for the Public Service of Posts
and Telecommunications, shall lay down the general conditions for the
establishment and operation of these networks with regard to the essential
requirements, provisions concerning public security and defence and the terms
governing the installation of the network which must be complied with by
operators. It shall also specify the conditions under which the latter,
together with those referred to in Article L. 33-3, may be connected to a
public network, without allowing the exchange of communications between persons
other than those for whom use of the network is reserved.
A licence
may only be refused in the event of non-conformity with one of the general
requirements for the establishment of networks laid down in the decree referred
to in the previous subparagraph, or with one of the establishment requirements
laid down by the Telecommunications Regulatory Authority in accordance with the
provisions of Article L. 36-6. Failing an express decision within the period
laid down by the decree referred to in the previous subparagraph, and only in
the case referred to in the following subparagraph, the license shall be deemed
to be acquired.
When the
licences concern networks which use radio frequencies allocated to their
operators, the licences must be express. They shall be accompanied by contract
documents concerning the provisions referred to in Article L. 33-1(I)(h), which
shall specify the obligations incumbent on the licence holders, in accordance with
the decree provided for in the second subparagraph of this Article.
Operators of
independent networks may not render them public networks without prior
authorisation issued under the conditions laid down in Article L. 33-1. In the
event of a breach of these conditions, the operators may be penalised in
accordance with the provisions of Articles L. 36-11 and L. 39.
Operators
shall pay the fees payable for the grant, management and control of licences,
within the limits of the administrative costs relating to these practices.
Article L33-3
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 4, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6,
Official Journal of 27 July 1996)
(Act No 2001-624 of
(Act n° 2002-1138 of
The following may be set up freely, provided they
conform with the provisions of this Code:
1° internal networks;
2° pay phones not on the public highway;
3° local independent networks, other than radio
networks, of a length less than a maximum distance laid down by the Minister
responsible for Telecommunications;
4° low power, short-range radio installations whose
categories are determined jointly by the Minister responsible for
Telecommunications, the Minister of Defence and the Ministry of the Interior;
5°) radio installations which do not use frequencies
specifically allocated to their users;
6° radio installations which may make in-operational
in theatre, for emission and for reception, mobile phones of any type. A
theatre may be defined as any place whose specific adjustment is designed to
perform a representation or to diffuse to a public a work of sprit.
7° radio installations which may make in-operational
in prisons, for emission and reception, mobile telecommunication instruments of
any type.
The operating conditions for the aforementioned radio
installations are laid down with the exception of those provided in 7°, shall
be determined in accordance with the conditions provided for in Article L36-6.
Article L33-4
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 4, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
(Order No 2001-670 of 25 July 2001, Article 17, Official
Journal of 28 July 2001)
The publication of telecommunications network or service subscriber or user
lists shall be unrestricted, subject to the protection of the rights of the
persons concerned.
The
protected rights shall include the right of all persons to appear in the
published subscriber or user lists or, at their request, not to appear, to
oppose the inclusion of their full home address in these lists, to prohibit
personal information relating to them to be used for commercial operations, and
the power to obtain said personal information and to demand that it be
corrected, completed, clarified, updated or deleted, under the conditions laid
down in Articles 35 and 36 of Act No 78-17 of
6 January 1978 on information technology, files and civil liberties.
For all
requests made to publish a universal directory or to provide a universal
information service, even where this is restricted to a specific geographical
area, operators must supply, in a non-discriminatory manner and at a price
reflecting the costs of the service rendered, the list of all the subscribers
or users to whom they have assigned, directly or through a distributor, one or
more numbers from the national numbering plan as laid down in Article L.
34-10. A Conseil d'Etat decree, issued following the opinion of the
Commission for the Public Service of Posts and Telecommunications, shall
specify the terms of application of this subparagraph.
Disputes
regarding the technical and financial conditions of the provision of the
subscriber lists provided for in the above subparagraph may be referred to the
Telecommunications Regulatory Authority in accordance with Article L.
36-8.
Article L33-4-1
(inserted by Order No 2001-670 of 25 July 2001,
Article 16, Official Journal of 28 July 2001)
It is prohibited to directly canvass, using automatic
calling machines or fax machines, telecommunications network subscribers or
users who have not consented to receiving such calls.
Operators or their distributors shall provide free of
charge to those subscribers or users who so wish, the means to give their
consent to receiving the calls referred to in the above subparagraph. They
shall make available to any person who so requests, the list of these
subscribers or users.
Article L34
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
This Section shall apply to the provision of public
telecommunications services.
Article L34-1
(Act No 84-939 of 23 October 1984, Article 6, Official
Journal of 25 October 1984)
(Act No 86-1067 of 30 September 1986, Article
110, Official Journal of 1 October 1986)
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
(Order No 2001-670 of 25 July 2001, Article 18, Official
Journal of 28 July 2001)
The provision of a public telephone service shall be authorised by the Minister
for Telecommunications.
Licences may
only be refused on the grounds of public policy or in the interests of national
defence and public security, or when applicants do not have the technical or
financial capacity to sustainably meet their obligations resulting from the
conditions under which their activity is carried out, or when they have
received one of the penalties referred to in Articles L. 36-11, L. 39, L. 39-1,
L. 39-2 and L. 39-4.
Licenses shall be subject to compliance with the provisions contained in the
contract documents concerning the points referred to in Article L. 33-1(I),
with the exception of e) and h).
When the
provision of a service presupposes the establishment of a public network, the
licence granted in accordance with Article L. 33-1 shall authorise the
provision of the service.
The
Telecommunications Regulatory Authority may, under the conditions laid down in
Article L. 36-11, demand that operators modify their refund or
compensation terms or the contractual conditions under which they provides the
public telephone service, where these terms or conditions do not comply with
the provisions of Article L. 33-1(I)(r).
Article L34-1-1
(inserted by Order No 2001-670 of 25 July 2001,
Article 18, Official Journal of 28 July 2001)
Without prejudice to the provisions of Article L.
35-2, operators registered on the list in accordance with Article L.
36-7(7) shall:
1) set the
public telephone service charges so that they reflect the corresponding costs.
These charges shall be applied regardless of the use of the service made by the
users. They shall be sufficiently detailed so that users are not compelled to
pay for facilities which are not necessary for the provision of the service
requested. Operators shall make the public aware of these charges and any
amendments to them at least eight days before the date they are put into
effect;
2) publish
and apply in a non-discriminatory manner all tariff reduction formulas. The
Telecommunications Regulatory Authority may, under the conditions laid down in
Article L. 36-11, demand that an operator amend or withdraw reduction
formulas should they not comply with the provisions of this Article;
3) possess
an information system and keep accounts of services and activities which allow,
in particular, compliance with the obligations laid down in 1) to be verified.
These accounts shall be audited periodically, at the operators’ expense, by an
independent body approved by the Telecommunications Regulatory Authority. The
results of the audit shall be notified to the Telecommunications Regulatory
Authority and to the Minister for Telecommunications. The approved body shall
issue a certificate of conformity drawn up in accordance with these provisions
each year;
4) offer
advanced voice telephony services, the content of which shall be determined by
a ministerial order;
5) comply
with the quality obligations established, where appropriate, by a ministerial
order, and, where quality indicators have been laid down by a ministerial
order, they shall record the values which result from the application of these
indicators. The Minister for Telecommunications and the Telecommunications
Regulatory Authority shall be notified of the recorded values, at their
request. The latter may request verification of these data by an independent
body.
Article L34-2
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
(Order No 2001-670 of
The provision of public telecommunications services
other than the telephone service shall be unrestricted, provided that the
essential requirements and national defence and public security requirements
are complied with.
However, these services shall be subject to a licence
in the cases referred to in Article L. 34-3, and a declaration for the services
referred to in the first subparagraph of Article L. 34-4.
A Conseil d'Etat decree shall lay down the
content of the declaration and the license application and shall set out the
necessary specifications in order to comply with the essential requirements.
Article L34-2-1
(inserted by Order No 2001-670 of
The Minister for Telecommunications shall designate,
among the operators appearing in the list established in accordance with
Article L. 36-7(7)(b) or, in the absence of such operators, among the
holders of licenses granted in accordance with Article L. 33-1, operators
which must offer a leased links service. The Minister shall specify, for each
operator, the geographical area where the leased links service must be
provided.
A decree shall specify the content of the leased
links service and the requirements for the provision of leased links by
operators designated in accordance with the above subparagraph.
Article L34-3
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
The provision of public telecommunications services
using radio frequencies shall be subject to the prior grant of a license by the
Minister for Telecommunications under the following conditions:
1) when the provision of the service presupposes the
establishment of a new network or changes to a network which has already been
licensed, the provisions of Article L. 33-1 shall apply;
2) when the service is provided by a network using
radio frequencies allocated by an authority other than the competent
telecommunications authority, the grant of a license shall be subordinated to
compliance with the provisions referred to in Article L. 33-1(I). This licence
shall be granted after the authority which allocates radio frequencies has
agreed to the use of the latter. In particular, it must lay down conditions for
fair competition between service providers, whichever authority allocates the
radio frequencies.
Article L34-4
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
The provision of public telecommunications services
other than the telephone service, over networks established or operated in
accordance with Act No 82-625 of 29 July 1982 on broadcasting and Article 34 of
the aforementioned Act No 86-1067 of 30 September 1986, shall be
subject to a prior declaration lodged with the Telecommunications Regulatory
Authority, after informing the municipality or group of municipalities which
established or authorised the establishment of the networks.
The sole aim of this declaration is to enable the Telecommunications Regulatory
Authority to ascertain the nature of the service provided and the installations
used.
When the
service proposed is the public telephone service, the provision of the service
shall be subject to the provisions of Article L. 34-1. In this event, the
licence shall be granted after consulting the municipalities which established
or authorised the establishment of the network.
When the
purpose of the proposed service is directly related to the provision of radio
and television services broadcast over the network, the provisions of the first
subparagraph of Article 34-2 of the aforementioned Act No 86-1067 of
Agreements
in force which contain clauses excluding the provision of telecommunications
services over the networks referred to in the first subparagraph above or which
impose restrictions of a legal or technical nature, must be brought into
conformity with the provisions of this Article by
SECTION
III: Common provisions
Article L34-5
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
Two specialised advisory panels shall be set up by the
Minister for Telecommunications and the Telecommunications Regulatory
Authority, one in the field of radio networks and services and the other for
other networks and services. They shall consist of equal numbers of service
providers’ representatives, business service users’ and individual users’
representatives, and qualified persons appointed by the Minister for
Telecommunications.
The relevant advisory panel shall be consulted by the
Minister for Telecommunications or by the Telecommunications Regulatory
Authority on any proposals concerning licensing procedures, or which lay down
or modify technical and operating conditions and technical specifications and
requirements concerning the services which fall within its field of competence,
as well as the requirements relating to interconnection and numbering referred
to in Articles L. 34-8 and L. 34-10. The panels’ conclusions shall be sent to
the Commission for the Public Service of Posts and Telecommunications.
A decree shall determine the composition, the functions and the
operating conditions of each of these two advisory panels.
Article L34-6
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
Licences granted in accordance with the provisions of
Sections 1 and 2 of this Chapter shall be granted exclusively to their holders.
They may not be transferred to any other person.
A licence granted in accordance with Articles L. 33-1,
L. 34-1 and L. 34-3 shall be published in the Official Journal, together with
the contract documents appended thereto, where applicable.
Licence refusals shall be reasoned and notified to the
interested parties.
The suspension, reduction of duration or total or
partial revocation of a licence shall be determined by the Telecommunications
Regulatory Authority under the conditions laid down in Article L. 36-11.
Article L34-7
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 5, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
Telecommunications infrastructure established on
public property or for public service requirements may be used to establish and
operate public networks and provide any public telecommunications service,
subject to compliance with the provisions of this Code.
SECTION IV: Network access and interconnection
Article L34-8
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
(Order No 2001-670 of
I - Public network operators shall satisfy requests
for interconnection from holders of a license granted in accordance with
Articles L. 33-1 and L. 34-1 in an objective, transparent manner.
An interconnection request may not be refused if the
request is reasonable on the one hand, with regard to the applicant's
requirements and on the other hand, with regard to the operator's capacity to
satisfy them. All interconnection refusals by the operator shall be reasoned.
The Telecommunications Regulatory Authority may, on a case by case basis, under
the conditions laid down in Article L. 36-8, temporarily restrict the
obligation laid down in the first subparagraph where the interconnection
requested may be substituted by solutions which are in technical and economic
terms viable and where the available resources are insufficient to meet the
request.
Interconnection shall be a matter for a private law
agreement between the two parties involved. This agreement shall set out the
technical and financial arrangements for interconnection, in accordance with
this Code and with the decisions regarding its implementation. The
Telecommunications Regulatory Authority shall be notified of this agreement at
its request.
When essential for ensuring fair competition and the
interoperability of services, the Telecommunications Regulatory Authority may
ask for the agreement to be modified, after consultation with the Council on
competition.
A decree shall set out the general conditions, particularly
those relating to the essential requirements and the pricing principles which
interconnection agreements must satisfy.
II - The
public network operators which appear in the lists established in accordance
with Article L. 36-7(7)(a) and (b) must publish the technical and pricing terms
of their interconnection service, with the prior approval of the
Telecommunications Regulatory Authority and according to the conditions laid
down in the contract documents.
The service
referred to in the above subparagraph shall contain various conditions designed
to meet on the one hand, the interconnection requirements of public network
operators and on the other hand, the network access requirements of public
telephone service providers, taking into account the rights and obligations of
each of these categories of operators. The conditions shall be sufficiently
detailed to show the various elements for each category of services.
The
aforementioned operators shall have an information system and shall keep
accounts of the services and activities which shall permit, in particular,
compliance with the obligations laid down in this Article to be verified. These
accounts shall be audited periodically, at the operators’ expense, by an
independent body approved by the Telecommunications Regulatory Authority. These
costs shall be integrated into the interconnection service costs. The approved
body shall issue a certificate of conformity drawn up in accordance with this
subparagraph on an annual basis.
III. – The
interconnection fees of public network operators appearing in the lists drawn
up in accordance with Article L. 36-7(7)(a) and (b) and the fees of public
mobile telephony network operators appearing in the list drawn up in accordance
with Article L. 36-7(7)(d), shall remunerate the actual use of the network for
carriage and provision of the service and shall reflect the costs of the
service provided.
IV. –
Public network operators appearing in the lists drawn up in accordance with
Article L. 36-7(7)(a), (b) and (c) shall satisfy requests for interconnection
from holders of a license granted in accordance with Articles L. 33-1 and L.
34-1 in an objective, transparent and non-discriminatory manner. The Telecommunications
Regulatory Authority shall be notified of agreements for this purpose.
The
aforementioned operators shall provide users and suppliers of
telecommunications services other than the public telephone service, with
access to their network and to audiovisual communication services other than
sound or television services broadcast via terrestrial radio relay channels or
via satellite, or distributed via cable. They shall also meet justified
requests for special access corresponding to unpublished technical and pricing
conditions, from service providers and users. The provision of the access
referred to in this subparagraph by an operator appearing in the list drawn up
in accordance with Article L. 36-7(7) shall give rise to remuneration reflecting
the costs of the service provided.
V. – The
public network operators appearing in the list drawn up in accordance with
Article L. 36-7(7) shall make available the means necessary for their
subscribers to access the switched services of all interconnected operators by
means of a preselection and override, on a call by call basis, any preselected
choice by dialling a short prefix. The Telecommunications Regulatory Authority
may impose this obligation on other operators exercising significant influence
over a certain market determined by the authority. In this event, it shall take
into account the interests of consumers and shall ensure that a
disproportionate charge is not imposed on operators and that obstacles to new
operators entering the market are not created.
VI. - The
Telecommunications Regulatory Authority may, either as a matter of course at
any time, or at the request of one of the parties, intervene, in accordance
with the provisions of Article L. 36-8, in order to lay down the categories
which must be covered by an interconnection agreement or to lay down the
specific requirements with which the agreements must comply.
The Telecommunications Regulatory Authority may,
either as a matter of course or at the request of one of the parties, set a
deadline for the conclusion of the interconnection negotiations.
The provisions of the above two subparagraphs shall
also apply to negotiations regarding special access to the public networks of
operators appearing in the list drawn up in accordance with Article L. 36-7(7).
Article L34-9
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 6, Official Journal of 30 December 1990)
(Act No 93-1420 of 31 December 1993, Article 2, Official
Journal of 1 January 1994)
(Act No 96-659 of 26 July 1996, Article 6, Official
Journal of 27 July 1996)
(Order No 2001-670 of
The provision of terminal equipment shall be unrestricted.
Equipment
intended for connection to a public network and radio equipment must be
assessed for conformity with the essential requirements. The bodies involved,
where appropriate, in the conformity assessment procedure shall be designated
in order to offer manufacturers a choice and thus ensure their independence in
relation to companies providing goods or services in the field of
telecommunications.
A Conseil
d'Etat decree shall determine:
1) the
equipment which shall be exempt from the conformity assessment;
2) the
conditions which bodies involved in the conformity assessment procedure must
comply with in order to be designated to perform these duties;
3) the
conditions under which, where appropriate, the technical specifications for
equipment subject to a conformity assessment shall be drawn up and published;
4) which
essential requirements shall apply to the equipment in question;
5) the
conditions for the placing on the market, commissioning, withdrawal from the
market or from service, for restriction or prohibition of the placing on the
market or commissioning of radio equipment and terminal equipment, as well,
with regard to the latter, the conditions for connection to public networks;
6) the
conformity assessment procedure;
7) the
conditions under which the equipment holders shall, at their expense, have
their equipment assessed for conformity with the provisions of this Article.
Equipment and installations submitted for conformity assessment may only be
manufactured for the European Economic Area, imported for release to the market
from countries outside the latter, kept in view of sale, marketed, distributed
free of charge or in return for payment, connected to a public network or
advertised, if they have been issued with a certificate of conformity and
comply therewith at all times.
Article L34-10
(inserted by Act No 96-659 of
A national numbering plan shall be established and controlled by the
Telecommunications Regulatory Authority. It shall ensure equal and
straightforward access for users to the various telecommunications networks and
services and the equivalence of numbering formats.
The Telecommunications Regulatory Authority shall
allocate prefixes, individual numbers and numbering ranges to operators in an
objective, transparent and non-discriminatory manner, in return for a fee, set
by a Conseil d'Etat decree, to cover the management costs of the
numbering plan and the control of its use.
The conditions under which these prefixes, individual
numbers and numbering ranges may be used shall be specified in operators’
contract documents or in the allocation decision notified to them.
The
Telecommunications Regulatory Authority shall ensure that the numbers allocated
are used effectively. Prefixes, individual numbers or numbering ranges may not be
protected by industrial or intellectual property rights. Numbers shall be
non-transferrable and may only be transferred with the prior consent of the
Telecommunications Regulatory Authority.
As of
As of
- retain their telephone number if they change
operator without changing their geographical location;
- obtain a number from their operator which enables
them to retain this number in the event of a change of operator or geographical
location.
As of the
same date, operators must lay down the necessary provisions in their
interconnection agreements and offer the corresponding services to their users,
under conditions to be approved beforehand by the Telecommunications Regulatory
Authority.
Public network subscribers may, on request, oppose the identification of their
subscriber number by the called party, insofar as this does not disturb the
called party or affect the functioning of the emergency services.
CHAPTER
III: The public
telecommunications service
Article L35
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 7, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
The public telecommunications service shall be
provided in accordance with the principles of equality, continuity and
adaptability. It shall comprise:
a) the universal telecommunications service defined,
provided and financed under the conditions laid down in Articles L. 35-1 to L.
35-4;
b) the mandatory telecommunications services provided
under the conditions laid down in Article L. 35-5;
c) telecommunications activities undertaken in the
public interest, with regard to national defence and public security, public
research and higher education, under the conditions laid down in Article L.
35-6.
Article L35-1
(Act No 84-939 of 23 October 1984, Article 1, Official
Journal of 25 October 1984)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 7, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
The universal telecommunications service shall provide the public with a
quality telephone service at an affordable price. It shall ensure the routing
of telephone calls to and from subscriber points, and the routing of emergency
calls free of charge, the provision of an information service and a telephone
directory in both printed and electronic form and the provision throughout the
territory of public pay phones installed on public property.
It shall be provided under pricing and technical conditions which take into
account specific difficulties encountered in accessing the telephone service by
certain categories of persons, such as low income users and disabled users. In
the event of non-payment of the service, these conditions shall include the
maintenance of a limited service enabling debtors to receive calls and to make
telephone calls to freephone and emergency services for a period of one year,
for debtors seized under Act No 91-650 of 9 July 1991 reforming the civil enforcement
procedures, and for debtors partaking in an amicable settlement plan or in the
compulsory administration instituted under Act No 89-1010 of 31 December 1989
on the prevention and settlement of difficulties relating to heavily-indebted
individuals and families.
Any person who so requests shall obtain a subscription to the telephone service
from an operator responsible for the universal service under the conditions
provided for by this Code. Landlords or their representatives may not oppose a
telephone installation requested by a bona fide occupant or tenant.
Article L35-2
(inserted by Act No 96-659 of
I - Operators may be given the responsibility of providing the universal
service if they agree to provide the service to the whole of the national
territory and are capable of doing so.
France
Télécom shall be the public operator responsible for the universal service.
The contract
documents of an operator responsible for providing the universal service shall
be drawn up after consultation with the Commission for the Public Service of
Posts and Telecommunications and shall govern the general conditions relating
to the provision of this service, and in particular the tariff obligations
required on the one hand, to ensure the access of all social categories to the
universal service and on the other hand, to avoid discrimination based on
geographical location. They shall also lay down the conditions under which the
universal service tariffs and quality of service are to be controlled.
II - The
routing of emergency calls free of charge shall be compulsory for all public
telephone service providers.
Article L35-3
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Order No 2001-670 of
I - The cost of universal service obligations shall be calculated on the basis
of an appropriate cost accounting system managed by the operators. It shall be
audited, at their expense, by an independent body designated by the
Telecommunications Regulatory Authority.
Assessment of the net costs of the universal service
obligations incumbent on operators shall take into account the benefit they
enjoy on the market, if any, from these obligations.
II - The
costs attributable to universal service obligations shall be borne by public
network operators and public telephone service providers under the following
conditions:
1) the net costs of tariff equalisation obligations,
corresponding on the one hand to geographical price equalisation obligations
and on the other hand to the current unbalanced telephone tariff structure,
shall be financed by a charge applied in addition to, and in the same manner
as, the interconnection charge referred to in Article L. 34-8, by the operator
responsible for the universal service.
This additional charge shall constitute the payment
for the universal provision of the network and the telephone service. It shall
be calculated in proportion to the telephone traffic volume of the operator
requesting interconnection. The Minister for Telecommunications shall lay down
the sum payable for interconnection following a proposal by the
Telecommunications Regulatory Authority.
In order to encourage the development of mobile
communications and the reduction of tariffs for users, and in view of the
additional traffic which they entail, mobile communications operators which
have national coverage obligations resulting from their contract documents
shall be exempt from the share of the additional fee which relates to the
imbalance of the current telephone tariff structure. In return, the operators
concerned shall agree to contribute, as of
2) a universal telecommunications service fund shall
be created. The accounts and finances of the fund shall be administered by the
Consignments and Loans Fund in a specific account. The management expenses thus
incurred shall be paid out of the fund.
This fund shall be used to finance the net costs of
the following universal service obligations: the provision of special tariffs
for certain subscriber categories in order to guarantee them access to the
service, referred to in subparagraph 2 of Article L. 35-1; the provision of
public pay phones throughout the territory; the universal directory and the
corresponding information service.
The share of
the net costs payable by each operator shall be calculated in proportion to
their volume of traffic.
If operators
agree to offer the special tariffs, referred to in the second subparagraph of
Article L. 35-1, for certain subscriber categories in order to guarantee them
access to the telephone service under the conditions contained in their
contract documents, the net cost of this provision shall be deducted from their
contribution.
The net
contribution that operators pay or receive shall be decided by the Minister for
Telecommunications at the proposal of the Telecommunications Regulatory
Authority. These contributions shall be collected by the Consignments and Loans
Fund according to this establishment’s debt recovery procedure.
In the event
that an operator defaults a payment, the Telecommunications Regulatory
Authority shall impose one of the penalties laid down in Article L. 36-11. In
the event of a repeated default it may withdraw the authorisation. If the
payment due is not recovered within a period of one year, it shall be carried
over to the fund for payment the following year;
3) the public operator shall gradually rebalance
telephone tariffs to correct the imbalance resulting from the current telephone
tariff structure before
The
changeover to this new financing system shall be decided by the Minister for
Telecommunications, at the proposal of the Telecommunications Regulatory
Authority, following the opinion of the Commission for the Public Service of
Posts and Telecommunications.
III. - The
methods used to calculate, offset and share the net costs of universal service
obligations shall be published at least one year before they are put into
practice.
IV. - A Conseil
d'Etat decree, issued following the opinion of the Commission for the
Public Service of Posts and Telecommunications, shall specify the terms of
application of this Article. It shall establish in particular the methods for
evaluating, offsetting and sharing the net costs of the universal
telecommunications service, as well as the management arrangements for the
universal telecommunications service fund.
V. - The Minister for Telecommunications shall submit an annual report to
Parliament on the application of the provisions of this Article.
Article L35-4
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Order No 2001-670 of
Subject to the protection of personal data, the public shall have access, by
means of a universal directory in both printed and electronic form, as well as
a universal information service, to the names or business names, telephone
numbers and addresses of all public network subscribers, as well as a reference
to the profession of the subscribers, when the latter wish to include this. The
public may also have access, subject to the same reservation, to the electronic
addresses of subscribers who wish to make these available.
Universal directories must comply with the layout terms and technical
characteristics laid down by the regulations. Any person who publishes a
universal directory or provides a universal information service shall process
and present the information supplied for this purpose in a non-discriminatory
fashion.
France Télécom shall publish a universal directory in both printed and
electronic form, and shall provide a universal information service.
A Conseil d'Etat decree, issued following the opinion of the Commission
for the Public Service of Posts and Telecommunications, shall lay down the
terms of application of this Article. It shall lay down in particular the
guarantees to be made to ensure the confidentiality of information, taking into
account the commercial interests of operators and the protection of privacy.
Article L35-5
(Act No 96-659 of 26 July 1996, Article 8,
Official Journal of 27 July 1996)
(Act n° 2003-239 of
The mandatory services shall include access,
throughout the territory, to the integrated digital network services, to leased
lines, to a communication of data in bundle, to advanced vocal telephony
services and to the telex service.
The terms and conditions of an operator in charge of
universal service shall determine those of the mandatory services that he shall
provide and the conditions of their supply.
France Telecom shall provide all the mandatory
services.
Operators of telecommunication services shall allow
access to their complete, non expurgated and updated lists of subscribers and
users to the judicial authorities, the police, the Gendarmerie as well as to
the fire, rescues and emergency medical assistance services, while acting in
judicial missions or rescues operations.
Article L35-6
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Act No 2000-1353 of
Operators licensed in accordance with Articles L. 33-1 and L. 34-1 shall
establish and ensure the availability of the means necessary for interceptions
justified in the interests of public security. Provisions declared
unconstitutional by Constitutional Council Decision No 2000-441 DC of
Provisions
declared unconstitutional by Constitutional Council Decision No 2000-441 DC of
The services
required in the interests of national defence and public security and the
guarantees of fair remuneration for these services shall be determined, at the
Government’s request, by the contract documents of the operators licensed in
accordance with Articles L. 33-1 and L. 34-1.
Higher
education in the field of telecommunications shall be the responsibility of the
State, under the supervision of the Minister for Telecommunications. The State
shall assume financial responsibility thereof from the beginning of 1997, under
the conditions laid down in the Finance Acts. The resources necessary for high
quality higher education shall be made available according to the conditions
laid down in the Finance Acts
Public research and development tasks in the field of telecommunications shall
be carried out by the State or on behalf of the State under the control of the
State within the framework of contracts which lay down the programmes and
specify the arrangements for implementing and financing them.
Article L35-7
(inserted by Act No 96-659 of
At least once every four years as of the date of this Act is published,
following public consultation, the opinion of the Telecommunications Regulatory
Authority and the opinion of the Commission for the Public Service of Posts and
Telecommunications, a report on the application of this chapter shall be
submitted by the Government to Parliament. This report shall propose, where
appropriate, the inclusion of new services within the scope of the universal
service and a review of the list of mandatory services or their implementing
arrangements, in order to take into account developments in telecommunications
technology and services.
The first report submitted in accordance with the above subparagraph shall
include a report on the coverage of the territory by mobile telephone networks.
It shall propose the necessary amendments to this Chapter in order to guarantee,
in the short term, the coverage of scarcely populated areas, main roads and
other major trunk roads, by at least one land or satellite mobile radio
telephone service. It shall also specify the means necessary to meet this aim
in accordance with the principle of fair competition between operators,
particularly the joint investment procedures or a combination of various
technologies available in the scarcely populated areas which are not covered at
the time the report is submitted.
CHAPTER
IV: The regulation
of telecommunications
Article L36
(Act No 90-1170 of 29 December 1990, Articles 1,
3 and 7, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
A Telecommunications Regulatory Authority shall be set
up as of
Article L36-1
(inserted by Act No 96-659 of
The Telecommunications Regulatory Authority shall consist of five members
appointed according to their legal, technical and territorial economic
expertise for a term of six years. The chairman and two other members shall be
appointed by decree. The two other members shall be appointed respectively by
the chairman of the National Assembly and by the chairman of the Senate.
One third of
the members of the authority appointed by decree shall be renewed every two
years.
The members
of the authority shall not be revocable.
The
Telecommunications Regulatory Authority may only deliberate if at least three
of its members are present. It shall decide by majority vote of the members
present.
If one of the members of the authority is not able to
complete his term of office, the member appointed to replace him shall hold
office for the remainder of the term of the person he is replacing.
The chairman
of the first Telecommunications Regulatory Authority shall be appointed for six
years. The term of office of the two other members appointed by decree shall be
determined by drawing lots, one for a term of 4 years and the other for a term
of 2 years. The term of office of the two members appointed by the chairmen of
the parliamentary assemblies shall be determined by drawing lots, at four years
for one and six years for the other.
Members of the authority shall not be reappointed. However, this rule shall not
apply to members who have held office for a term not exceeding two years, in
accordance with one of the two subparagraphs
above.
Persons over sixty-five years of age may not be appointed members of the
authority.
Article L36-2
(inserted by Act No 96-659 of
The office of member of the Telecommunications Regulatory Authority shall be
incompatible with any other professional activity, any national elected office,
any other public position and any direct or indirect interest in a company in
the telecommunications, broadcasting or information technology sectors. The
members of the Telecommunications Regulatory Authority may not be members of
the Commission for the Public Service of Posts and Telecommunications.
The members of the authority shall be bound by professional secrecy with regard
to any facts, acts and information they become aware of during the exercise of
their functions.
The chairman and the members of the authority shall receive respectively a
salary equal to that pertaining to the highest two senior administration grades
for civil servants.
Article L36-3
(inserted by Act No 96-659 of
The Telecommunications Regulatory Authority shall have staff placed under the
authority of its chairman.
The
authority may employ civil servants currently in post, under the same
conditions as the Ministry for Telecommunications. It may recruit contractual
staff.
The staff
employed by the authority shall be bound by professional secrecy with regard to
any facts, acts and information they become aware of during the exercise of
their functions.
Article L36-4
(inserted by Act No 96-659 of
The resources of the Telecommunications Regulatory
Authority shall include payment for services provided, and the taxes and fees
payable under the conditions laid down by the Finance Acts or by Conseil
d'Etat decree.
During the drafting of the annual Finance Act, the authority shall submit to
the Minister for Telecommunications its proposals for the funds needed to
perform its tasks, over and above the resources referred to in the first
subparagraph.
These funds shall be included in the general State budget. The provisions of
the Act of
The chairman of the authority may authorise expenditure. He shall submit the
accounts of the Telecommunications Regulatory Authority to the Cour des
comptes for auditing.
Article L36-5
(inserted by Act No 96-659 of
The Telecommunications Regulatory Authority shall be consulted with regard to
draft Acts, Decrees and Regulations governing the telecommunications sector and
shall enforce the application thereof.
At the request of the Minister for Telecommunications, the authority shall
assist in the preparation of the French position in international negotiations
in the field of telecommunications. At the request of the Minister for
Telecommunications, it shall participate in representing
Article L36-6
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Order No 2001-670 of
In accordance with the principles of this Code and its implementing orders, the
Telecommunications Regulatory Authority shall lay down regulations concerning:
1) the rights and obligations connected to the operation of the various
categories of networks and services, in accordance with Articles L. 33-1 and L.
34-1;
2) the provisions applicable to the technical and financial conditions
regarding interconnection, in accordance with Article L. 34-8;
3) the technical rules applicable, where appropriate, to networks and terminal
equipment to ensure interoperability, the portability of terminals and the
efficient use of radio frequencies and telephone numbers;
4) the conditions for establishing and operating the networks referred to in
Article L. 33-2 and the conditions governing the use of the networks referred
to in Article L. 33-3;
5) the determination of network termination points.
Decisions made in accordance with this Article shall be published in the
Official Journal, after approval by an order of the Minister for
Telecommunications.
Article L36-7
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Order No 2001-670 of
The Telecommunications Regulatory Authority shall:
1) examine, on behalf of the Minister for Telecommunications, the licence
applications submitted in accordance with Articles L. 33-1, L. 34-1 and L.34-3;
issue the other licences and register the declarations laid down in Chapter II;
when licences are granted following a call for applications, the authority
shall publish the report and reasoned outcome of the selection procedure;
2) appoint the bodies that are to participate in the conformity assessment
procedure laid down in Article L. 34-9;
3) monitor
compliance with the obligations incumbent on operators resulting from the
legislative and regulatory provisions applicable thereto under this Code, and
from the licences which they have been issued, and penalise any related breach
under the conditions laid down in Articles L. 36-10 and L. 36-11;
4) put forward a proposal to the Minister for Telecommunications, according to
the principles and methods set out in Article L. 35-3, regarding the amount
payable as the contribution to the funding of universal service obligations and
supervise the associated financing mechanisms;
5) issue a public opinion on universal service tariffs, multi-annual tariff
objectives and tariffs for services for which there are no competitors on the
market, prior to their approval, where appropriate, by the Minister for
Telecommunications and the Minister for the Economy;
6) allocate to operators and users, in an objective, transparent and
non-discriminatory manner, the frequency and numbering resources required for
their activity, ensure that they are used efficiently and establish a numbering
plan and oversee its management;
7) following the opinion of the Council on competition, draw up an annual list
of the operators which are considered to have a significant market power:
a) with regard to a market public telephone service between fixed
points;
b) with regard to a leased links market;
c) with regard to a public mobile telephony service;
d) with regard to the national interconnection market.
An operator with a share greater than 25% of a particular market shall be
deemed to enjoy significant market power. The Telecommunications Regulatory
Authority may decide that an operator with a share less than 25% of a market
has significant market power or that an operator with a share greater than 25%
of a market does not have significant market power. It shall take into account
the operators’ effective ability to influence market conditions, their turnover
relative to the size of the market, their control of the means of access to
end-users, their access to financial resources and their experience in
providing products and services in the market.
.
Article L36-8
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Order No 2001-670 of
I - In the event of an interconnection refusal, a failure of commercial
negotiations or a dispute over the conclusion or execution of an
interconnection or telecommunications network access agreement, either party
may call on the Telecommunications Regulatory Authority to resolve the dispute.
After giving
the parties the opportunity to make their observations, the Telecommunications
Regulatory Authority shall issue a decision, within a period laid down by a Conseil
d'Etat decree. Its decision shall be reasoned and shall specify the fair
technical and financial conditions governing interconnection or special access.
In the event
of a serious and immediate breach of the rules governing the telecommunications
sector the authority may, having heard the parties in question, take protective
measures in particular to guarantee the continuity of network operations.
The
authority shall publish its decisions, subject to the confidentiality of
decisions protected by the law. It shall notify the parties concerned.
II. - The
Telecommunications Regulatory Authority may also be called on to settle
disputes concerning:
1) the
conditions laid down in the final subparagraph of Article L. 34-4, regarding
conformity with arrangements which prohibit or restrict the provision of
telecommunications services over the networks referred to in the first
subparagraph of said Article;
2) the
conditions and possibilities with regard to operators sharing existing
installations established on public property, as provided for in Article L. 47
and installations established on private property as provided for in Article L.
48;
The
authority shall issue its decisions according to the conditions and procedures
laid down in I. Furthermore, it shall publicly consult all the interested
parties before any decision is made requiring operators to share installations
as referred to in 2).
3) the
technical and financial conditions concerning the provisions of the subscriber
lists laid down in Article L. 33-4.
III –
Decisions taken by the Telecommunications Regulatory Authority in accordance
with I and II may be subject to an action for annulment or judicial review
within one month of notification thereof.
The action
shall not be suspensive. However, execution of the decision may be deferred, if
it is likely to entail manifestly excessive consequences or if new
circumstances of exceptional gravity have arisen since notification thereof.
Protective
measures taken by the Telecommunications Regulatory Authority may be subject to
an action for annulment or judicial review within 10 days of notification
thereof. This action shall be heard within one month.
IV - An appeal lodged against the decisions or
protective measures taken by the Telecommunications Regulatory Authority in
accordance with this Article, shall fall within the jurisdiction of the cour
d'appel of
An appeal to the highest instance lodged, where necessary, against an order of
the cour d'appel shall be made within one month following notification
thereof.
Article L36-9
(inserted by Act No 96-659 of
Any natural or legal person, professional organisation, user association or the
Minister for Telecommunications may call on the Telecommunications Regulatory
Authority to initiate a conciliatory procedure in order to settle a dispute
between operators not governed by Article L. 36-8. Conciliation shall be the
preferred solution.
The Telecommunications Regulatory Authority shall inform the Council on
competition that the conciliation procedure has been initiated and, if the same
matter is referred to the Council on competition, the latter may decide to stay
judgement.
If conciliation fails, the chairman of the Telecommunications Regulatory
Authority shall refer the matter to the Council on competition, if the matter
falls within its jurisdiction.
Article L36-10
(inserted by Act No 96-659 of
The chairman of the Telecommunications Regulatory Authority shall refer to the
Council on competition any abuse of a dominant position or any anti-competitive
practice in the telecommunications sector, which may be brought to his notice.
This referral may be made under an urgency procedure, in which case the Council
on competition shall be required to deliver a decision within thirty working
days from the date of the referral. He may also seek advice from the Council on
competition on any other matters falling within its jurisdiction. The Council
on competition shall notify the Telecommunications Regulatory Authority of any
matters referred to it which lie within the latter’s jurisdiction and shall
seek the authority’s advice on practices which have been referred to it in the
telecommunications sector.
The chairman of the Telecommunications Regulatory Authority shall inform the
Public Prosecutor of any matters liable to constitute a criminal offence.
Article L36-11
(Act No 96-659 of 26 July 1996, Article 8, Official
Journal of 27 July 1996)
(Order No 2001-670 of
The Telecommunications Regulatory Authority may, as a matter of course, or at
the request of the Minister for Telecommunications, a professional
organisation, an approved user association or a natural or legal person, impose
penalties in the event that it establishes a breach by network operators or
telecommunications service providers, of legislative or regulatory provisions
relating to their activity, or of decisions taken to guarantee the implementation
thereof. The power to impose penalties shall be exercised under the following
conditions:
1) when network operators or service providers violate a legislative or
regulatory provision relating to their activity, or in respect of which they
exercises their activity, the Telecommunications Regulatory Authority shall
summon them to remedy the matter within a stipulated period of time. It may
make such a summons public.
2) when network operators or service providers do not comply with a decision
taken in accordance with Article L. 36-8 or the summons provided for in 1)
above within the determined period of time, the Telecommunications Regulatory
Authority may impose one of the following penalties:
a) depending on the gravity of the default, either
total or partial suspension of the licence for a maximum of one month, a
reduction in the duration of the licence up to one year, or withdrawal of the
licence.
With regard to a licence subject to the provisions of Article L. 33-1(III), the
licence may be withdrawn without prior summons, in the event of a substantial
change in the composition of the share
capital;
b) or, if the default does not constitute a criminal offence, a fine may be
levied in proportion to the gravity of the default and to the advantages which
it occasions, without exceeding 3% of the net turnover of the preceding
financial year, increased to 5% in the case of a repeated default of the same
obligation. In the absence of sufficient activity to determine this threshold,
the penalty may not exceed one million francs, increased to two and a half
million francs in the case of a repeated breach of the same obligation.
The
penalties shall be imposed after the operator has received notification of the
grounds for complaint and has been given the opportunity to consult the case
file and to present written and verbal comments.
Fines shall
be recovered as State debts, independently from taxes and public property.
3) matters
dating back more than three years may not be referred to the Telecommunications
Regulatory Authority if no action has been taken in view of an inquiry, report
or penalty;
4) decisions shall be reasoned, notified to the interested party and published
in the Official Journal. They may be the subject of a full review or of a
request for deferment, submitted in accordance with Article L. 521-1 of the
Administrative Justice Code, before the Conseil d'Etat.
A decree shall determine the period of time allowed to operators to regularise
their situation, as well as the period of time in which the decisions of the
Telecommunications Regulatory Authority shall be taken and notified.
Article L36-12
(inserted by Act No 96-659 of
The chairman of the Telecommunications Regulatory
Authority shall have the jurisdiction to bring legal proceedings with regard to
the fulfilment of its tasks.
Article L36-13
(inserted by Act No 96-659 of
The Telecommunications Regulatory Authority shall
gather the information and carry out the inquiries necessary for the fulfilment
of its tasks, within the limits and under the conditions laid down in Article
L. 32-4.
Article L36-14
(inserted by Act No 96-659 of
The Telecommunications Regulatory Authority shall draw up and publish an annual
public report on the performance of its activity and on the application of the
legislative and regulatory telecommunications provisions before 30 June. This
report shall be submitted to the Government and to Parliament. It shall also be
submitted to the Commission for the Public Service of Posts and
Telecommunications. In the report, the Telecommunications Regulatory Authority
may suggest legislative or regulatory amendments which appear necessary due to
progress in the telecommunications sector and the development of competition.
The authority, and where appropriate, the Commission for the Public Service of
Posts and Telecommunications, may be heard by the parliamentary standing
committees for the telecommunications sector. The latter may consult the
authority on any issue relating to the regulation of the telecommunications
sector.
The authority may commission expert assessments, conduct studies, gather data
and carry out any action required to obtain information regarding the
telecommunications sector. To this end, the operators licensed in accordance
with Articles L. 33-1, L. 34-1 or L. 34-3 shall provide statistical information
on the use, coverage area and means of access to their service each year.
CHAPTER V: Penal provisions
Article L39
(Act No 84-939 of 23 October 1984, Article 7, Official
Journal of 25 October 1984)
(Act No 86-1067 of 30 September 1986, Article
110, Official Journal of 1 October 1986)
(Act No 90-1170 of 29 December 1990, Articles 1 and
9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Article
322, Official Journal of 23 December 1992, in force on 1
March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
Any person found guilty of one of the offences below
shall be liable to imprisonment for a term of six months and to a fine of 500
000 francs:
1) establishing a public network or having a public
network established, without the licence laid down in Article L. 33-1, or continuing
the operation of such a network in breach of a decision to suspend or withdraw
said licence;
2) providing a public telephone service or having a
public telephone service provided without the licence laid down in Article L.
34-1 or in breach of a decision to suspend or withdraw said licence.
Article L39-1
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Article
322, Official Journal of 23 December 1992, in force on 1
March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
(Order No 2001-670 of
Any person found guilty of one of the offences described below shall be liable
to imprisonment for a term of six months and to a fine of 30 000 euro:
1)
establishing an independent network or having an independent network
established, without the licence laid down in Article L. 33-2, or continuing
the operation of such a network in breach of a decision to suspend or withdraw
the said licence;
2) causing
interference to the radio transmissions of a licensed service, by using a radio
frequency, equipment or infrastructure, without conforming to the provisions of
Article L. 34-9 or without possessing the license laid down in Article L. 89 or
without conforming to the general regulatory conditions set out in Article L.
33-3, without prejudice to the application of Article 78 of Act No 86-1067 of
30 September 1986 on freedom of communication;
3) using a
radio frequency, equipment or infrastructure, without conforming to the
provisions of Article L. 34-9 or without possessing the license laid down in
Article L. 89 or without conforming to the general regulatory conditions set
out in Article L. 33-3.
Article L39-2
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Article
322, Official Journal of 23 December 1992, in force on 1
March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
Any person who contravenes the provisions of the
second subparagraph of Article L. 33-1(III) shall be liable to a fine of one
million francs.
Article L39-2-1
(Act n° 2003-239 of
The provisions of the second paragraph of Article
L39-2 shall apply in
The amount of the fine provided for in these
provisions is equivalent to its exchange value in local currency.
CHAPTER III: Penal provisions
Article L39-3
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Article
322, Official Journal of 23 December 1992, in force on 1
March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
(Act No 2001-1062 of
I. – Telecommunications operators or their agents found guilty of one of the
offences described below shall be liable to imprisonment for a term of one year
and to a fine of 75 000 euro:
1) to fail to carry out operations intended to delete or make anonymous data
regarding communications in the cases where these operations are required by
the law;
2) to fail to retain technical data under the conditions in which this
retention is required by the law.
Natural persons guilty of these offences shall also be
prohibited, for a maximum of five years, from exercising the professional
activity in connection with which the offences were committed.
II. – Natural persons may be declared criminally liable, under the conditions
laid down in Article 121-2 of the Penal Code, for the offences laid down in I.
The penalties incurred by natural persons shall be:
1) a fine, in accordance with the terms laid down by
Article 131-38 of the Penal Code;
2) the penalty referred to in 2) of Article 131-9 of
the penal Code, for a maximum of five years;
3) the penalty referred to in 9) of Article 131-39 of
the penal Code.
The prohibition referred to in 2) of Article 131-9 of
the Penal Code shall concern the professional activity in the course of which
or in connection with which the offences were committed.
Article L39-3-1
(inserted by Act No 2001-1062 of
The provisions of Article L. 39-3 shall apply to
Article L39-4
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Article
322, Official Journal of 23 December 1992, in force on 1
March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
Any person who, without valid reason, refuses to
supply information or documents or who obstructs an inquiry referred to in
Articles L. 32-4 and L. 40 shall be liable to imprisonment for a term of three
months or to a fine of 200 000 francs.
Article L39-5
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
Should the offence be repeated, the penalties laid
down in Articles L. 39 to L. 39-4 may be doubled.
Article L39-6
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
In the event of a person being found guilty of one of
the offences laid down in Articles L. 39 and L. 39-1, the court may also order
the confiscation or the destruction, at the expense of the guilty party, of the
materials and installations which form the network or enable the provision of a
service and may bar the said party from applying for a licence, for a maximum
of two years, in accordance with Articles L.33-1 and L. 34-1.
Article L40
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Constitutional Council Decision No 90-281 of 27
December 1990))
(Act No 91-648 of 11 July 1991, Article 1, Official
Journal of 13 July 1991)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
(Order No 2001-670 of
In addition to criminal investigation department officers and officials acting
in accordance with the provisions of the Code of Criminal Procedure, civil
servants and officials of the telecommunications administration, the
Telecommunications Regulatory Authority and the National Frequencies Agency,
authorised for this purpose by the Minister for Telecommunications, and sworn
in according to the requirements of a Conseil d'Etat decree, may
investigate and report the offences referred to in this Title and in accordance
with the respective implementing legislation.
The civil servants and officials of the telecommunications administration, the
Telecommunications Regulatory Authority and the National Frequencies Agency
referred to above shall have access to business premises, property and vehicles
used by persons subject to Article L. 32-4, by those manufacturing, importing
or distributing the equipment or installations described in Article L. 34-9 or
by those using radio frequencies as described in Article L. 89, in order to
investigate and establish the offences, demand the surrender of all types of
professional documents, make copies of these and gather all the information and
evidence required either by summons or at the place of investigation. The civil
servants and officials of the telecommunications administration, the
Telecommunications Regulatory Authority and the National Frequencies Agency
shall have access to these premises only during opening hours if they are open
to the public, and, in other cases, only between
The civil servants and officials of the telecommunications administration, the
Telecommunications Regulatory Authority and the National Frequencies Agency
referred to in the second subparagraph above shall give the Public Prosecutor
prior notice of the operations to be carried out in order to investigate
offences. He may oppose these operations. Reports on the investigation shall be
submitted to him within five days following their issue. The interested party
shall also be provided with a copy.
The civil servants and officials of the telecommunications administration, the
Telecommunications Regulatory Authority and the National Frequencies Agency
referred to in the second subparagraph above, may seize the equipment described
in Article L. 34-9, in the same locations and under the same conditions as
those set out in the same subparagraph, if they hold a judicial licence issued
by order of the president of the tribunal de grande instance or by the
judge delegated by him with jurisdiction over the area in question.
Requests for the aforementioned judicial licence shall be accompanied by all
the information required to justify the seizure of the equipment. Seizure shall
be carried out under the authority and control of the aforementioned judge.
An inventory shall immediately be made of the seized equipment. The inventory
shall be appended to the report made out on the premises. Originals of the
reports and the inventories shall be sent to the judge who ordered the seizure
within 5 days.
The president of the tribunal de grande instance or the judge delegated
by him may, as a matter of course, order the return of the seized equipment at
any time or upon request by the owner of the seized equipment.
Article L40-1
(inserted by Order No 2001-670 of
The officials referred to in the first subparagraph of
Article L. 215-1 of the Consumer Code shall be empowered to investigate and
report the offences under the provisions of Article L. 34-9 of this Code and in
accordance with the respective implementing legislation. To this end, they shall
enjoy the powers laid down in Chapters II to VI of Title I of Book II of the
Consumer Code.
Article L43
(Act No 77-1468 of 30 December 1977, Article 16,
Official Journal of 31 December 1977, in force on 1
January 1978)
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
Any person who knowingly transmits or puts into
circulation via radio false or misleading distress signals or calls, shall be
liable to imprisonment for a term of one year and/or to a fine of 25 000
francs.
The equipment used by offenders or their accomplices
may be seized.
Article L44
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Article
322, Official Journal of 23 December 1992, in force on 1
March 1994)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
Any person who makes radio transmissions by knowingly
using an international series call sign assigned to a State station, a public
operator’s station or a private station authorised by the Ministry of Posts and
Telecommunications, shall be liable to imprisonment for a term of one year.
Article L45
(Act No 90-1170 of 29 December 1990, Articles 1
and 9, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 9, Official
Journal of 27 July 1996)
In the event of conviction for more than one
misdemeanour or summary offence provided for by Articles L. 39, L. 39-1, L. 42
and L. 44, by Title IV or by the Penal Code, only the most severe penalty shall
be imposed.
TITLE II
The establishment of telecommunications networks
CHAPTER
I: Rights
of way and easements
Article L45-1
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
11, Official Journal of 27 July 1996)
Operators licensed under Article L. 33-1 shall enjoy rights of way on public
roads and easements on the private properties referred to in Article L. 48,
under the conditions set out below.
Authorities which lease or manage public property excluding roads, shall
conclude agreements to provide parties licensed in application of Article L.
33-1 access to this property, in a transparent and non-discriminatory manner
and insofar as such occupation is not incompatible with the purpose of the
property or with available capacity. Agreements allowing access to public
property excluding roads may not contain provisions regarding commercial
operating conditions. A fee may be payable to the leaseholder or manager of the
public property concerned in accordance with the principle of equality between
operators. These fees shall be reasonable and proportionate to the use of the
property.
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 possible to private and public property.
Article L46
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles
10 and 11, Official Journal of 27 July 1996)
Operators licensed to establish public networks may
occupy public roads by erecting structures, insofar as such occupation is not
incompatible with the purpose of the road.
The work necessary 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 L47
(Act No 83-663 of 22 July 1983, Article 123, Official
Journal of 23 July 1983, amended in Official Journal 25 September
1983)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
11, Official Journal of 27 July 1996)
The occupation of public roads shall require an authorisation to occupy part of
the highway, issued by the relevant authority, according to the type of highway
used, under the conditions laid down in the Highways Code. The authorisation
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 above subparagraph shall take all measures
necessary to enable the universal telecommunications service obligations to be
fulfilled. It may only refuse rights of way to licensed operators on the
grounds of ensuring, within its jurisdiction, 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 existing installations of another occupant
of the public roads, and the use of this installation would not compromise the
public service tasks of the occupant, the authority referred to in the first
subparagraph may invite the two parties to come to an agreement regarding the
technical and financial terms for sharing the installation concerned. In this
event, and unless otherwise agreed, owners of the installations used by
licensed operators shall, within the limits of the contract concluded between
the parties, maintain the infrastructures and the equipment which use their
installations and which are placed under their responsibility, in return for
the payment of a contribution negotiated with the operators. The
Telecommunications Regulatory Authority may be called on to settle any dispute
between the operators under the conditions laid down in Article L. 36-8.
The
authorisation to occupy part of the highway may not contain provisions relating
to the commercial operating conditions. In return for occupation of the public
roads, fees shall be payable to the local authorities in accordance with the
principle of equality between operators.
A Conseil
d'Etat decree shall determine the terms of application of this Article and
in particular shall specify the maximum payable for the fee referred to in the
above subparagraph.
Article L48
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
11, Official Journal of 27 July 1996)
The easement referred to in Article L. 45-1 shall be created in order to allow
the installation and operation of network equipment, both in the communal parts
of apartment buildings and estates, and above and below the ground of
undeveloped sites.
The 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 represented by the managing agent,
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 tribunal de grande
instance.
If it is ascertained that all the benefits relating to the easement of the
operator on private property may be guaranteed by using an installation already
established on the same property by another easement holder and the use of this
installation would not compromise, where relevant, the public service tasks of
the easement holder, the authority referred to in the second subparagraph may
invite the two parties to come to an agreement regarding the technical and
financial terms for sharing the installations concerned. In this event, and
unless otherwise agreed, owners of the installations used by licensed operators
shall, within the limits of the contract concluded between the parties,
maintain the infrastructures and the equipment which use their installations
and which are placed under their responsibility, in return for the payment of a
contribution negotiated with the operator. The Telecommunications Regulatory
Authority may be called on to settle any dispute between the operators under the
conditions laid down in Article L. 36-8.
The installation of the structures described in the first subparagraph 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 notify the
beneficiary of the easement at least three months before carrying out any work
which could affect the structures.
If employees of the licensed operators need to enter the private property
defined in the first subparagraph in order to study, establish or operate the
installations, they shall be authorised to do so, in the absence of an amicable
agreement, by the president of the tribunal de grande instance sitting
in chambers, who shall ensure that the presence of such agents is necessary.
Beneficiaries of the easement shall be responsible for any damage resulting
from the network equipment. They shall be required to pay for all direct,
unquestionable damage caused by installation and maintenance work and by the
existence and operation of the structures. In the absence of an amicable
agreement, compensation shall be determined by the court with jurisdiction in
compulsory purchase matters on the application of the prosecuting party.
A Conseil d'Etat decree shall determine the terms of application of this
Article.
Article L53
(Act No 90-568 of 2 July 1990, Article 41 Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
11, Official Journal of 27 July 1996)
The order of the relevant authority authorising the
establishment and maintenance of telecommunications lines shall lapse ipso
jure if it is not followed by part performance within six months of its
issue or within three months of its notification.
SECTION I: Easements protecting transmitting
and receiving radio stations from obstacles
CHAPTER II : Radio easements
Article L54
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
In order to avoid obstacles interfering with the
propagation of radio waves transmitted or received by any type of station
operated or controlled by the various ministerial departments, certain
easements shall be created to protect radio telecommunications.
Article L55
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
When these easements require the destruction or modification of buildings
forming part of property immovable by its nature in accordance with Articles
518 and 519 of the Civil Code, and in the absence of an amicable agreement, the
compulsory purchase of this immovable property shall take place in accordance
with the provisions of Order No 58-997 of 23 October 1958 on compulsory
purchase for public purposes.
Following the destruction or modification of the buildings thus acquired and
where the sites have been rendered compliant with the requirements of this
Chapter, the resale of the compulsorily purchased immovable property may take
place, under the guarantee of a purchase option for the dispossessed owners and
subject to the purchaser’s compliance with these easements.
Article L56
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
In other cases, these easements shall give rise to the
right to compensation if they lead to a change in the pre-existing condition of
the site resulting in direct, material and actual damage. In the absence of an
amicable agreement, this compensation shall be set by the tribunal
administratif.
The claim for compensation must, on pain of being
time-barred, reach the person responsible for carrying out the work within one
year from the date of notification to the interested parties of the provisions
to which they are subject.
Article L56-1
(inserted by Act No 96-659 of
Radio easements for the protection of telecommunications networks from radio
interference, which shall benefit operators licensed in accordance with Article
L. 33-1, shall be created under the conditions laid down in this Article, with
the exception of easements concerning the stations, designated by the
Telecommunications Regulatory Authority, which they operate in the interests of
national defence or public security.
1) Properties adjoining radio stations may be subject to easements in order to
ensure the proper propagation of radio waves.
2) A radio
interference protection plan shall define the radio easements for each station
and shall determine the land to which the easements shall apply.
The plan
shall be submitted to the National Frequencies Agency for its opinion and for
public consultation. It shall be approved by the Prefect, following the opinion
of the municipal councils concerned and after the owners 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 plan, within a minimum period of
three months.
3) The
easements shall include the obligation to maintain the land, the plantations
and the superstructures at a level at the most equal to that provided for by
the protection plan referred to in 2) above and the prohibition to build or
establish any installations above this
level.
4) The creation of a radio easement shall entitle the owner to compensation for
any resulting direct, material and unquestionable damage. In the absence of an
amicable agreement, the compensation shall be determined according to the
principles of compulsory purchase.
A Conseil d'Etat decree shall stipulate the terms of the application of
this Article.
SECTION II: Easements protecting transmitting and receiving
radio stations from electromagnetic disturbance
Article L57
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
In order to ensure radio reception in all types of
stations, operated and controlled by the various ministerial departments,
certain easements and obligations for the protection of radio reception have
been created.
Article L58
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
An easement decree issued in accordance with the above
Article and subsequent regulations shall lay down the easements imposed on
owners or users of electrical installations operating in the restricted areas
and radio guard areas on the day the aforementioned decree is issued, easements
which must be complied with within a maximum of one year as of that day.
During the course of the inquiry procedure which shall
precede the easement decree, in the event of opposition by the owners and users
required to cooperate with the necessary investigations, it shall be issued as
a matter of course. The expense and damage caused by these investigations shall
be the responsibility of the beneficiary of the easement.
Article L59
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Where the creation of these easements causes the owners of structures direct,
material and actual damage, compensation shall be payable to the owners and any
beneficiary for damage which they sustain.
The claim for compensation must, on pain of being time-barred, reach the
minister concerned within one year from notification of the interested parties
of the measures to which they are subject.
In the absence of an amicable agreement, disputes regarding this compensation
shall be settled by the tribunal administratif.
Article L60
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
12, Official Journal of 27 July 1996)
The operation of any electrical installation appearing
on the list issued by an interministerial order on any part of the territory,
including the restricted areas, shall be subordinated to prior authorisation or
a declaration, according to a procedure laid down by a Conseil d'Etat
decree.
Article L61
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Owners or users of an electrical installation situated
on any part of the territory, even outside the restricted areas and which
produce or propagate interference affecting the operation of a public or
private radio reception station, must comply with the requirements laid down by
the minister whose departments operate or control the station, in order to put
an end to the nuisance; in particular they must cooperate with the
investigations authorised by a prefectoral order, carry out the required
modifications and maintain the installations in good working order.
Article L62
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
In the event that the aforementioned obligations cause
direct, material and actual damage to owners or users, Article L. 59 shall
apply.
Article L62-1
(inserted by Act No 96-659 of
Easements for the protection of telecommunications
networks from radio interference, which shall benefit operators licensed in
accordance with Article L. 33-1, shall be created under the conditions laid
down in this Article, with the exception of easements concerning the stations,
designated by the Telecommunications Regulatory Authority, which they operate
in the interests of national defence or public security.
1) The area
around stations operated by licensed operators may be subject to easements, in
order to prevent electromagnetic interference.
2) A
protection plan established under the conditions laid down in Article L. 56-1
shall determine the restricted areas and define the easements.
3) Easements
shall include the prohibition to commission or use equipment installed
subsequently in the protected station, which are liable to interfere with radio
reception.
4) The
creation of a radio easement shall authorise the owner or user to compensation
for any resulting direct, material and unquestionable damage. In the absence of
an amicable agreement, the compensation shall be determined and paid according
to the compulsory purchase rules.
A Conseil
d'Etat decree shall specify the terms of application of this Article.
.
SECTION III: Penal provisions
Article L63
(Act No 77-1468 of 30 December 1977, Articles 16
and 17, Official Journal of 31 December 1977, in force on 1
January 1978)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Any person who breaches the provisions of Chapter I or their respective
implementing legislation shall be liable to a fine of 25 000 francs.
At the request of the Public Prosecutor’s Office acting at the request of the
minister concerned, the court before which proceedings are pending shall allow
those persons who have breached the provisions of Chapter I a period to
regularise the situation, subject to a penalty of 5 francs to 50 francs for
each day’s delay.
In the event that the period is not respected, the penalty imposed shall start
to run from the expiry of said period until the day that the situation is
suitably regularised.
If it is not regularised within one year from the expiry of the period, the
court may, at the request of the Public Prosecutor’s Office acting under the
same conditions, raise the amount of the penalty one or more times, even beyond
the maximum laid down above.
The court may authorise one party to pay back the penalties where the situation
has been regularised and the persons liable for payment establish that they
were prevented from respecting the period allowed by circumstances beyond their
control.
Moreover, if at the expiry of the period laid down by the judgement, the
situation has not been regularised, the administration may have the work
carried out as a matter of course at the expense and risk of the persons
civilly liable.
Persons who are convicted in accordance with the provisions of this Article,
and during the subsequent three years again breach the provisions of this
Article, shall be liable to a fine of 50 000 francs and/or imprisonment for a
term of one month.
Breaches of the provisions of Chapter I may be reported by criminal
investigation department officers, gendarmes and sworn officials of the
interested administration.
These reports shall be authentic unless proved otherwise.
Article L64
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Breaches of the provisions of Chapter II which fall within the general category
of interference caused to radio broadcasting listeners and which therefore fall
under texts governing the protection of reception quality, shall be reported by
sworn French broadcasting officials.
The other offences, particularly those relating to equipment located in the
restricted areas, shall be reported by the sworn officials of any interested
administration.
The owners or users of installations must take any measure necessary to put an
end to interference which has been reported and which breaches the provisions
of Chapter II and the respective implementing legislation, even where the
installations are located outside the restricted areas. If they do not do so
themselves, the administration shall take such measures as a matter of course,
taking into account the provisions of Article L. 62.
CHAPTER
III : Regulations for
telecommunications network links and installations
SECTION
I : General provisions
Article L65
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
13, Official Journal of 27 July 1996)
The act of moving, damaging or harming in any way whatsoever a public network
installation or of compromising the running of such a network shall be liable
to a fine of 10 000 francs.
Where the
installation comprises several cables, the offender shall be liable to as many
fines as there are cables concerned.
The offence
referred to in the first subparagraph shall not be liable to punishment if the
location of the existing installations has not been brought to the attention of
the company before the opening of the site.
Legal
persons may be declared criminally liable under the conditions laid down in
Article 121-2 of the Criminal Code.
Article L66
(Act No 85-835 of 7 August 1985, Article 8, Official
Journal of 8 August 1985, in force on 1 October 1985)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Any person who, through the breakage of wires, damage
to equipment or by any other means, voluntarily causes telecommunications to be
interrupted, shall be liable to imprisonment for a term of three months and a
fine of 25 000 francs.
Article L67
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990,
Article 1, Official Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992,
Article 322, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Persons who, in an insurrectional movement, have
destroyed or rendered unfit for service one or more telecommunications lines,
have broken or destroyed equipment, intruded using violence or threats into one
or more telecommunications centres or stations, and persons who have
intercepted by any other means, using violence and threats, telecommunications
or correspondence via telecommunications between the various public
depositaries or who have opposed the reestablishment of telecommunications
links with violence or threats, shall be liable to imprisonment for a term of
20 years and a fine of 30 000 francs, without prejudice to the penalties which
could apply for their complicity with the insurrection.
CHAPTER
IV : Protection
of undersea cables
Article L72
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Persons who, through culpable negligence or in
particular through an act or omission liable to police detention, police fines
or both, break an undersea cable or cause it damage which may completely or
partially interrupt or hinder telecommunications, must, within twenty-four
hours of their arrival, notify the local authorities of the first port where
the vessel they are on docks, of the breakage or damage to the undersea cable
for which they are responsible.
Article L73
(Act No 85-835 of 7 August 1985, Article 8, Official
Journal of 8 August 1985, in force on 1 October 1985)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
In the absence of the declaration required under
Article L. 72, persons committing the offences referred to in said Article
shall be liable to a fine of 25 000 francs and, where appropriate, imprisonment
for a term of four months.
Article L74
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Should the offence be repeated, the maximum penalties
laid down above shall be imposed, and these penalties may be raised to no more
than double the original penalty.
The offences referred to in Article L. 81 shall be
repeated when, at any time, a final judgement was pronounced against the
offender for breaching the provisions of this Article.
Article L75
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Ship managers, whether or not they are the owners of
the ship, shall be declared liable for the fines laid down for the offences
under this Title and for civil convictions which these offences could lead to,
in respect of the actions of the crew of these ships.
Other cases of civil liability shall be governed in
accordance with the provisions of Article 1384 of the Civil Code.
Article L76
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
In the event of a conviction for more than one offence
referred to under this Title, only the most severe penalty shall be imposed.
PARAGRAPH I: Special provisions for non-territorial waters
Article L77
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Violations of the International Convention of 14 March
1884 for the Protection of Submarine Cables, which are committed by any crew
member of a French ship, shall be tried either by the court in the jurisdiction
governing the home port of the offender’s vessel, or in the first port in
France that the vessel touches.
Article L78
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Proceedings shall be initiated at the request of the
Public Prosecutor’s Office, without prejudice to the claimants’ rights.
Article L79
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
The reports made out in accordance with Article 10 of
the Convention of
In the absence of reports or in the event that they
are inadequate, the offences may be proved by witnesses’ evidence.
Article L80
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Any attack or opposition involving assault and battery
on persons authorised, in accordance with Article 10 of the Convention of
Article L81
(Act No 85-835 of 7 August 1985, Article 8, Official
Journal of 8 August 1985, in force on 1 October 1985)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Any person who voluntarily breaks an undersea cable or
causes it damage which may completely or partially interrupt or hinder telecommunications,
shall be liable to a fine of 25 000 francs and imprisonment for a term of five
years.
The same penalties shall be imposed on persons
attempting the same acts.
However, these provisions shall not apply to persons
who have been forced to break an undersea cable or damage it owing to an urgent
need to protect their life or ensure the safety of their ship.
PARAGRAPH II: Special provisions for territorial waters
Article L82
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
The provisions of Article L. 81 shall be respected in
the event that the offence was committed in territorial waters by any crew
member of any ship, whether French or foreign, without prejudice to the
provisions of Article L. 67.
Article L83
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Violations of the undersea cable regulations shall be
tried either by the court of the home port of the ship which the offender is
on, or by that of the first French port that the ship touches, or by that of
the place where the offence was committed.
Article L84
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Offences committed in territorial waters shall be
established by reports, or in the event there are no reports, by witnesses.
Article L85
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
The reports laid down in the above Article shall be made out:
- by officers commanding French warships;
- by all criminal investigation department officers;
- by sworn municipal police officers;
- by the other persons listed in Article L. 70 and Article 16 of the Decree of
Any attack or opposition involving assault and battery on persons authorised,
in accordance with the above provisions, to make out a report in the
performance of their duties, shall be liable to the penalties applicable in the
event of rebellion, in accordance with the distinctions laid down in the Penal
Code.
Article L86
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 90-1170 of 29 December 1990, Article 1, Official
Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 10, Official
Journal of 27 July 1996)
Reports made out by officers commanding French warships shall not be subject to
a solemn affirmation; they shall be deemed authentic until a plea of forgery is
raised.
Reports made out by any other official authorised for this purpose in
accordance with the above Article, shall have conclusive force and shall be
subject to the formalities governed by special Acts, in particular Article L.
70 and Articles 17 and 20 of the Decree of 9 January 1852.
TITLE VI
CHAPTER
I: General provisions
Article L89
(Act No 66-495 of 9 July 1966, Article 1, Official
Journal of 10 July 1969)
(Act No 69-1038 of 20 November 1969, Article 1, Official
Journal of 21 November 1969)
(Act No 90-1170 of 29 December 1990, Articles 1
and 10, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Articles 10 and
12, Official Journal of 27 July 1996)
With the exception of the cases referred to in Article L. 33-3, the use of
radio frequencies either in order to transmit or to both transmit and receive
signals, shall be subject to administrative authorisation.
The use of a radio installation in order to receive signals transmitted on
frequencies assigned by the Prime Minister, in accordance with Article 21 of
Act No 86-1067 of
Article L90
(Act No 69-1038 of 20 November 1969, Article 2, Official
Journal of 21 November 1969)
(Act No 90-1170 of 29 December 1990, Articles 1
and 10, Official Journal of 30 December 1990)
The Minister for Telecommunications shall lay down by an order the categories
of transmitting radio installations for which it shall be compulsory to hold an
operator’s certificate in order to operate them, and the requirements for
obtaining this certificate.
Article L92
(Act No 90-1170 of 29 December 1990, Articles 1
and 10, Official Journal of 30 December 1990)
The radio installations referred to in Articles L. 33-1, L. 33-2 and L. 33-3 of this Code shall be established, operated and maintained at the cost and risk of those operating them.