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 France must
immediately take or send to the post office of that place, any letters
and any packages entrusted to them, other than those comprising their
ship's cargo.
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.
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.
TITLE VI
Mail 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.
TITLE VII: Maritime post
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.
TITLE VIII: Penal provisions
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
TITLE I
General provisions
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 25 July 2001, Article 20,
Official
Journal of
28 July
2001)
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 30
September 1986.
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
2 July 1990
on the organisation of the public posts and telecommunications
service.
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 25 July 2001, Article 14,
Official
Journal of
28 July
2001)
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 18 March 2003, Article 72 I, Official Journal of
19 March 2003, in force on 1 January 2004)
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 France on the 1st January 2004.
When necessary, the terms and conditions of its application shall be
set out by a Conseil d'Etat decree.
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
SECTION I: Networks
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 Member State of the European Union or a
State party to the Agreement on the European Economic Area.
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 25 July 2001, Articles 8 and 9,
Official
Journal of
28 July
2001)
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 17 July 2001, Article 26, Official Journal of 18
July 2001)
(Act n° 2002-1138 of 9 September 2002, Article 47, Official Journal of
10 September 2002)
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.
SECTION II: Services
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 25 July 2001, Article 22,
Official
Journal of
28 July
2001)
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 25 July 2001, Article 15,
Official Journal of
28 July
2001)
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
30 September 1986 shall apply.
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 1 January 1998. With regard to these services,
these same agreements shall guarantee the owner of these networks fair
remuneration to cover the cost of providing the service and the cost
of the investments necessary for this purpose. They shall specify the
means of making necessary additional capacity available and the
technical conditions regarding the use of these networks. In the event
of a dispute, the Telecommunications Regulatory Authority may be
called upon under the conditions laid down in Article L. 36-8.
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.
Article
L34-8
(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 11,
Official Journal of
28 July
2001)
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
25 July 2001, Article 23,
Official Journal of
28 July
2001)
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.
SECTION
VI: Numbering
Article
L34-10
(inserted by Act No
96-659 of 26 July 1996, Article 6,
Official Journal of
27 July
1996)
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 1
January 1998, all subscribers who change operator without changing
their geographical location may retain their number, subject to the
technologies in use and the capacity available. Until 31 December
2000, the cost incurred by the initial operator for the transfer of
calls shall be paid by the new operator, which alone is entitled to
then bill the subscriber, and no other fee of any kind may be billed
to the subscriber by the initial operator in this respect. Operators
must lay down the necessary provisions in the interconnection
agreements referred to in Article L. 34-8. The provisions of this
subparagraph shall not apply to numbers allocated to radio networks
when they are used to provide mobile services.
As of 1
January 2001 users may, on request:
- 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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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
25 July 2001, Article 12,
Official Journal of
28 July
2001)
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 1 January 2001 to the coverage, by at least
one mobile telephone service, of main roads and other major trunk
roads and scarcely populated areas not covered by such a service at
the date of the submission of the first report referred to in Article
L. 35-7. They shall also agree to provide the information and to
formulate the proposals necessary to draft this report. At the
proposal of the Telecommunications Regulatory Authority, the Minister
for Telecommunications shall exclude from this exemption the operators
which have not agreed to these commitments before 1 October 1997;
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 31
December 2000 through comprehensive tariff reductions for all user
categories. When rebalancing has been completed, and by 31 December
2000 at the latest, the additional charge referred to in 1) above
shall no longer be applied and the net cost of the geographical price
equalisation obligation shall be financed by the fund mentioned in 2)
above
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
25 July 2001, Article 19,
Official Journal of
28 July
2001)
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 18 March 2003, Article 8, Official Journal of 19
March 2003)
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
30 December 2000, Article 48,
Official Journal of
31 December
2000)
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 28 December 2000.
Provisions declared unconstitutional by
Constitutional Council Decision No 2000-441 DC of 28 December 2000.
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 1 January 1997.
Article
L36-1
(inserted by Act No
96-659 of 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 10 August 1922 on the organisation of the control of
expenditure shall not apply to the management thereof.
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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
France in the international and European Union organisations competent
in this field.
Article
L36-6
(Act No 96-659 of 26
July 1996, Article 8,
Official Journal of 27
July 1996)
(Order No 2001-670 of
25 July 2001, Article 20,
Official Journal of
28 July
2001)
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
25 July 2001, Articles 13 and 24,
Official Journal of
28 July
2001, amended in
Official Journal of
20 October
2001)
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
25 July 2001, Articles 14 and 17,
Official Journal of
28 July
2001)
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 Paris.
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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
25 July 2001, Article 10,
Official Journal of
28 July
2001)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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 26 July 1996, Article 8,
Official Journal of
27 July
1996)
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.
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
25 July 2001, Article 25,
Official Journal of
28 July
2001)
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 18 March 2003, Article 126 I 3°, Official Journal of 19
March 2003)
The
provisions of the second paragraph of Article L39-2 shall apply in new
Caledonia, French Polynesia and in Willis and Futuna Islands.
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
15 November 2001, Article 29,
Official Journal of
16 November
2001)
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 15 November 2001, Article 71,
Official Journal of
16 November
2001)
The
provisions of Article L. 39-3 shall apply to New Caledonia, French
Polynesia and to the Wallis and Futuna Islands.
CHAPTER V: Penal provisions
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
25 July 2001, Article 26,
Official Journal of
28 July
2001)
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 8am and 8pm. They shall not
have access to premises also used as a domicile by the interested
parties.
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 25 July 2001, Article 26,
Official Journal of
28 July
2001)
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
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 26 July 1996, Article 12,
Official Journal of
27 July
1996)
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 26 July 1996, Article 12,
Official Journal of
27 July
1996)
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.
SECTION II: Penal provisions
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
SECTION I: General
provisions
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.
SECTION II: Penal provisions
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 14 March 1884 shall
not be subject to a solemn affirmation; they shall be deemed authentic
until a plea of forgery is raised.
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 14 March 1884, 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 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
9 January 1852.
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
Radio services
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 30 September 1986 on the freedom of
communication, in the interests of national defence or public
security, shall also be subject to administrative authorisation.
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.
The State shall not be
subject to any liability for these activities.
Article L93
(Act No 90-1170 of 29
December 1990, Articles 1 and 10,
Official Journal of 30
December 1990)
Operators of
the radio installations referred to in Article L. 92 may only have
dealings with foreign States, organisations or individuals with regard
to radio emissions and transmissions under the control of, and with
the approval of the posts and telecommunications administration.
BOOK II
The telecommunications
service
TITLE VI
Radio Services
CHAPTER I: General
provisions
Article L94
(Act No 84-939 of 23
October 1984, Article 3,
Official Journal of 25
October 1984)
(Act No 90-1170 of 29
December 1990, Article 10,
Official Journal of 30
December 1990)
(Act No 2001-624 of 17
July 2001, Article 19,
Official Journal of
18 July
2001)
Any agreement
between owners or their beneficiaries and telecommunications operators
regarding the establishment of the radio installations referred to in
Articles L. 33-1, L. 33-2 and L. 33-3 must, under penalty of nullity,
have appended thereto an accurate equipment location diagram in a
scale which enables the visual impact of its positioning to be
assessed.
BOOK II
Telecommunications
TITLE VI
Radio services
CHAPTER I: General
provisions
Article L95
(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, L. 33-3 and L.
34-9 may be temporarily seized and operated, if necessary, without
payment, in accordance with a decision of the Council of Ministers in
any cases where their use threatens public order, security, credit or
national defence.
Article L96
(Act No 66-495 of 9
July 1966, Article 3,
Official Journal of 10
July 1966)
(Act No 90-1170 of 29
December 1990, Article 1,
Official Journal of 30
December 1990)
The posts and
telecommunications administration shall exercise permanent control
over the technical and operating conditions of private radio stations
in all categories.
The Ministry of the
Interior and the Ministry of Posts and Telecommunications shall be
responsible for monitoring the content of the transmissions.
The Ministry
of Posts and Telecommunications and the Ministry of the Interior shall
jointly investigate illegal sets.
Officials of
the posts and telecommunications administration and of the Minister of
interior responsible for this monitoring may enter the stations at any
time.
CHAPTER II: Penal provisions
Article L97
(Act No 77-750 of 8
July 1977, Article 1,
Official Journal of 10
July 1977)
(Act No 90-1170 of 29
December 1990, Articles 1 and 10,
Official Journal of 30
December 1990)
Persons
breaching the provisions of Article L. 93 shall be liable to the
penalties laid down in Article L. 39.
TITLE VII: The National
Frequencies Agency
Article L97-1
(Act No 96-659 of 26
July 1996, Article 14,
Official Journal of 27
July 1996)
(Order No 2001-670 of
25 July 2001, Article 27,
Official Journal of
28 July
2001)
I. – An
administrative government agency, the National Frequencies Agency,
shall be established as of 1 January 1997.
The agency's tasks shall be to plan, manage and
monitor the use, including the private use, of public radio
frequencies, in accordance with Article 21 of Act No 86-1067 of 30
September 1986 on the freedom of communication, and without prejudice
to the jurisdiction of the administrations and authorities which
allocate radio frequencies.
It shall prepare the French position and
co-ordinate French representation in international negotiations on
radio frequency matters.
It shall co-ordinate the installation on national
territory of all kinds of radio stations in order to ensure the
optimum use of available sites. For this purpose, decisions on radio
station installation shall only be taken following the opinion of the
agency when the matter falls within the sphere of competence of the
Broadcasting Authority, and following the agreement of the agency in
all other cases.
A Conseil d'Etat decree shall determine the
period of time at the end of which said opinion or agreement is deemed
to be acquired and, where applicable, the categories of installations
for which, for technical reasons, they are not required.
II. - The agency shall be administered by a board
of directors consisting of representatives of administrations,
particularly those which have been allocated frequency bands, the
Broadcasting Authorityand the Telecommunications Regulatory Authority
and, for at least a third of the members, persons chosen for their
particular expertise.
The chairman of the board of directors shall be
appointed by decree. He may not hold this office if he holds the
office of chairman of the Broadcasting Authorityor chairman of the
Telecommunications Regulatory Authority.
III. - The Director-General of the agency shall be
appointed by decree after consultation with the chairman of the board
of directors. He shall be responsible for the technical,
administrative and financial management of the agency. He shall
represent the establishment in legal proceedings.
IV. - The agency's resources shall include the
payment of services provided, income from investments and shares,
public subsidies and income from gifts and legacies. The agency may
also charge fees for the use of radio frequencies under the conditions
laid down in the Finance Acts.
V. - A Conseil d'Etat decree shall define
the terms of application of this Article. It shall specify, in
particular, the agency's tasks, organisation and operating conditions.
An interministerial order shall specify the aims to
be achieved by the agency under the provisions laid down in Articles 2
and 6 of Order No 59-147 of 7 January 1959 on the general organisation
of defence and the special provisions to be taken into account in
order to achieve these aims.
VI - This Article
shall apply to French Polynesia, the Wallis and Futuna Islands, the
French Southern and Antarctic Territories and to New Caledonia,
subject to the specific jurisdictions of these territories in
accordance with the laws by which they are governed.
BOOK III
Financial
services
TITLE I:
Girocheques
Article L98
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
The
girocheque service shall be managed by the public operator La Poste.
Article L99
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
Natural persons and
administrative or private legal persons, or any public service and
public or private vested interests may, subject to the approval of La
Poste, open postal current accounts.
Applications
to open an account shall be made on plain paper; specimens of the
holder's usual signature and of persons authorised to draw cheques
shall also be provided on plain paper.
Article
L100
Girocheques
shall be signed by the drawer and shall bear the date when they were
drawn. They shall specify where they were issued as well as the amount
for which they are drawn.
This amount
shall be written in figures and in words, and the latter shall prevail
in the event of a difference between the two. However, exceptions to
this principle may be laid down by decree.
Girocheques
shall be payable at sight. Any wording to the contrary shall be
disregarded. Girocheques presented for payment before the day
indicated as the date of issue shall be payable on the day they are
presented.
Girocheques
which do not indicate where they were issued shall be considered to
have been issued at the place of residence of the drawer referred to
in the current account heading and which is also stated on the
instrument.
Girocheques
which do not name a payee shall be valid as bearer cheques.
Article L101
(Decree No 72-120 of
14 February 1972, Article 1,
Official Journal of 16
February 1972)
When a
girocheque is presented for payment by the payee, the latter may not
refuse partial payment.
If there are
fewer funds than the amount on the cheque, the payee has the right to
demand payment up to the total amount of the funds available, after
the fee applicable to the transaction performed has been deducted.
In the event
of partial payment, the girocheque centre, the holder of the drawer's
account, may require that that the partial payment be mentioned on the
cheque and that it is provided with a receipt.
Article L101-1
(inserted by Act No
72-10 of 3 January 1972, Article 9,
Official Journal of
5 January
1972)
Persons who
give payees a girocheque in payment must prove their identity by means
of an official document bearing a photograph.
Article L104
(Act No 72-10 of 3
January 1972, Article 11,
Official Journal of 5
January 1972)
(Act No 75-4 of 3
January 1975, Article 6,
Official Journal of 4
January 1975 amended 16 November 1975)
(Act No 78-1239 of 29
December 1978, Article 85,
Official Journal of 30
December 1978)
(Act No 85-695 of 11
July 1985, Article 24,
Official Journal of 12
July 1985)
(Act No 91-1382 of 30
December 1991, Articles 19 and 20,
Official Journal of 1
January 1992)
Payees may
claim from the party against whom they brings proceedings:
1) the
outstanding part of the girocheque amount;
2) interest
at the legal rate as of the date the instrument was presented, as
indicated on the certificate of non-payment;
Provisions
which penalise bank cheque offences shall apply ipso jure to
girocheques; the same shall hold with regard to the provisions of
Articles 65-1, 65-2, 65-3, 65-3-1 to 65-3-5, 65-4, 71, 73, 73-1 and
73-2 of the Decree of 30 October 1935 unifying rights regarding
cheques and provisions concerning powers conferred on the Bank of
France or on establishments which have been granted a preferential
right to issue banknotes, in order to prevent and penalise these
offences. In any case, the girocheque may not be endorsed.
The other
provisions governing bank cheques shall not apply to girocheques.
Article L105
(Act No 78-1239 of 29
December 1978, Article 85,
Official Journal of 30
December 1978)
Girocheques in payment
may be specially crossed before being cashed.
The crossing shall
consist of two parallel lines drawn on the face of the cheque.
The name of
the designated banker shall be written between the lines. Unauthorised
deletion of the crossing or of the designated banker's name shall be
deemed void.
Crossed
girocheques may only be paid to designated bankers by a clearing house
or by transfer to their postal current account, or to payees by
transfer to their postal current account. If the payees of crossed
girocheques are themselves the drawer, the cheque may also be paid to
them in cash. The designated bankers may have recourse to another
banker with regard to the cashing by a clearing house.
A girocheque
may bear a maximum of two crossings, one of which is for cashing by a
clearing house.
Article L106
(Act No 72-10 of 3
January 1972, Article 12,
Official Journal of 5
January 1972)
Any crossed
or open girocheques for which the corresponding funds exist and are
available to drawers must be certified by the girocheque centres
concerned if the drawers or bearers so request, subject to the drawees'
option to replace this cheque with a cheque drawn on their bank.
The funds for
the certified girocheque shall be frozen until the validity of the
instrument expires.
The terms of
application of this Article shall be laid down by a Conseil d'Etat
decree.
Article L106-1
(Act No 72-10 of 3
January 1972, Article 13,
Official Journal of 5
January 1972)
(Act No 85-98 of 25
January 1985, Article 233,
Official Journal of 26
January 1985)
The drawer
may only stop the payment of a girocheque presented by the payee in
the event of loss of the cheque or compulsory administration.
If, despite
this prohibition, the drawer stops payment on other grounds, a judge
sitting in chambers must, even in the event that the main proceedings
are underway, at the request of the bearer, order the stop to be
lifted.
Article L107
(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 for sums it has received to be credited to postal
current accounts.
When ordinary
or telegraphic inpayment money orders are used, the provisions of
Article L. 113 shall apply.
La Poste
shall not be liable for delays which may arise while the service is
being carried out.
Claims
regarding postal current account transactions shall be admissible
within the civil law limitation periods.
In the event
of a claim, the rules regarding payment and reimbursement of fees laid
down with regard to money orders shall apply to girocheques.
Article L107-1
(Act No 82-1126 of 29
December 1982, Article 105,
Official Journal of 30
December 1982)
(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
authorised to grant its guarantee to the payees of payments made by
the bearers of payment cards it has issued.
Article L108
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
In the event
that there is a change in the civil status or legal situation of the
postal current account holder, the account holder's girocheque centre
must be notified of this. La Poste may not be held liable for the
consequences which may arise from changes of which it was not
notified.
With regard
to La Poste, all cheques in payment debited in accordance with the
rules from the drawer's account shall be considered paid. As soon as
the cheque is transformed into a money order, should payment be
effected by this means, La Poste's liability to pay compensation shall
be the same as for its liability concerning money orders.
Holders of a
postal current account shall be solely liable for the consequences
resulting from the illegal use, loss or disappearance of blank cheques
which they have been given by La Poste.
The drawer of
the cheque shall be liable for a false payment or a false transfer
resulting from inaccurate or incomplete assignment details.
Where La
Poste possesses a bearer cheque, it shall be deemed to have been paid
in full with regard to the holder of the account.
Article L109
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
(Act No 94-679 of 8
August 1994, Article 82,
Official Journal of 10
August 1994)
The balance
of postal current accounts which have not been subject to any
transaction or claim by their beneficiaries for thirty years, shall be
acquired by the State.
La Poste may
as a matter of course close a current account, in particular on the
grounds of illegal use or where several girocheques have been drawn by
the holder without there being sufficient funds.
In the event
of the holder's death, the account shall be closed on the date that
the death is brought to the attention of the service holding the
account. Reimbursement of the balance shall take place at the request
of the holding cheque centre by money order or by postal giro transfer
to the heirs.
TITLE II: Money orders
Article L110
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
In the French
inland service, remittances may be made by money orders issued by La
Poste and sent through the post or by telegraph.
Money orders
sent through the post may either be ordinary money orders sent to the
payee by the sender, or postcard money orders sent directly from the
issuing post office to the post office responsible for payment.
The
transmission of telegraphic money orders shall be subject to all the
rules applicable to private telegrams and in particular, those laid
down in Article L. 37, subject to the provisions of Article L. 113.
Article L111
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
Money orders
issued and paid by La Poste shall be exempt from all stamp duties.
Article L112
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
Commission
fees and duties collected by La Poste shall accrue to it even if the
money orders remain unpaid.
Article L113
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
Subject to
the provisions of Articles L. 115 and L. 116, La Poste shall be liable
for sums converted into money orders until such time as they have been
paid under the conditions laid down by the regulations.
With regard to ordinary
bearer money orders, La Poste shall obtain a valid discharge by virtue
of the fact that it has regained possession of the instrument, without
the person who presented it for payment being asked for either a
receipt or proof of identity, unless the instrument has been changed
into a personal money order by writing the payee's name on it.
La Poste
shall not be liable for delays which may arise while the service is
being carried out.
Article L114
(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 obtain a valid discharge by the payment against disclaimer of
money orders by civilian or military post clerks accredited in
accordance with the rules by post-office-based postmasters.
Article L115
(Act No 63-815 of 6
August 1963,
Official Journal of 8 August 1963)
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
Where the beneficiaries
of all kinds of money order have not sought payment or reimbursement
of the amounts thereby payable within a period of two years as of the
day the remittance was made, these amounts shall be definitively
obtained by the State.
Article L116
(Act No 63-815 of 6
August 1963,
Official Journal of 8 August 1963)
Once the two years have
passed as of the day the remittance was made, claims regarding all
kinds of money order shall no longer be admissible, whatever their
objective or purpose.
TITLE III: Bills for
collection and cash-on-delivery consignments
Article
L117
In the French
inland service, receipts, invoices, notes, drafts and, in general, any
commercial or other securities, whether or not they may be protested,
may be collected, subject to the exceptions laid down by an order of
the Ministry of Posts and Telecommunications, through the postal
service.
The maximum
amount of the bills for collection, and the number and amount of bills
which may be contained in an individual postal item, shall be laid
down by an order of the Ministry of Posts and Telecommunications.
Article
L118
In the French
inland service, the items of correspondence laid down by an order of
the Ministry of Posts and Telecommunications may be sent
cash-on-delivery. The amount of this payment, the maximum of which
shall be set by an order of the Ministry of Posts and
Telecommunications, shall be independent of the intrinsic value of the
item and, where applicable, the declaration of value.
Article
L119
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
With regard
to the collection of the cheques and commercial bills which are given
to it in accordance with this Title, La Poste shall not in any case
permit any opposition to the
obligations on the bearer in accordance with the legislation and
regulations in force.
Article L120
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
The amount of
the bills for collection or sums to be collected from the addressee of
the cash-on-delivery consignment must be paid all at once. Partial
payment shall not be permitted.
A payment
made shall not give rise to any action for recovery of payment from La
Poste by the party who paid the sum.
La Poste
shall be exempted from all formalities concerning proof of
non-payment.
Article L121
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
Subject to
the requirement that they hold a postal current account, senders may
request that the uncollected cheques and bills are sent, under the
conditions laid down by La Poste, to a notary or huissier, in
order to make a protest.
Senders who
use this power shall consequently authorise withdrawal of the amount
of the protest costs and the postal delivery fee collected by La Poste
from the assets in their postal current account.
Senders must
maintain in their postal current account a sufficient sum to cover
these costs. They shall reserve the right to demand reimbursement of
these costs from the debtor against whom the protest has been issued.
Article L122
(Act No 90-568 of 2
July 1990, Article 41,
Official Journal of 8
July 1990, in force on 1 January 1991)
During postal
carriage and preparations for the return of the bills or items to the
interested parties, La Poste's liability shall be the same as its
liability for the postal correspondence category which includes postal
items, according to whether they are ordinary or registered items or
have a declared value.
From the time
the bills or items have been given to the debtor or the addressee, La
Poste shall be liable for sums collected or which should have been
collected. When these sums have been converted into money orders or
paid into a postal current account, its liability shall be the same as
its liability for money orders or girocheque service instruments.
In the event
that payment is refused on the delivery of a protested bill, La
Poste's liability shall be discharged by delivering said bill to a
notary or huissier.
La Poste
shall not be liable for delays in carrying out the service, in
particular with regard to home deliveries of bills which may be
protested and the delivery of unpaid bills to the notary or
huissier responsible for drawing up the protest.
Article L123
(Act No 63-815 of 6
August 1963,
Official Journal of 8 August 1963)
In the cases
provided for under the second subparagraph of Article L. 122 above,
claims concerning bills for collection and cash-on-delivery
consignments shall be received within two years of their submission to
La Poste.
Article
L124
The
provisions of this Title shall not apply to bank shares or other
shares cashed at cheque centres by holders of postal current accounts,
or to parcel mail.
BOOK IV
Financial organisation
TITLE I: Establishment of
a budget annex
Article
L125
The posts and
telecommunications service shall have a budget annex.
*The budget
annex established by Article L. 125 of the Posts and
Telecommunications Code shall be repealed by Article 65 of the 1991
Finance Act No 90-1168 of 29 December 1990, as of 1 January 1991.*
TITLE II
Budgetary
provisions
CHAPTER V: Special
Provisions
Article L126
(Act No 66-948 of 22
December 1966, Article 35,
Official Journal of 23
December 1966)
(Decree No 72-682 of
18 July 1972, Article 1,
Official Journal of 23
July 1972)
(Act No 84-939 of 23
October 1984, Article 5,
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)
With regard to any
claims for recovery of the cost of the public operator's services,
the limitation period shall expire
after a period of one year as of the date of payment.
With regard to
sums payable for the public operator's services where the latter has
not claimed them, the limitation period
shall expire after a period of one year as of the date they
fell due.
FINAL PROVISIONS
Article L128
This Code
shall replace, in accordance with the conditions laid down by Article
34 of the Constitution and Act No 52-233 of 27 February 1952, the
legislative provisions contained in the following Articles of the
Posts, Telegraphs and Telephones Code insofar as they concern the
posts, telegraphs and telephones service: Articles L. 1, L. 2, L. 3,
subparagraph 2, L. 4 to L. 10, L. 12 to L. 14, L. 33 to L. 39, L. 48,
L. 50, L. 59, subparagraph 5, L. 63, L. 64, L. 67, L. 68, L. 69,
subparagraph 1, L. 71 to L. 77, L. 79 to L. 84, L. 85, subparagraph 1,
L. 86 to L. 88, L. 93, subparagraphs 1 and 2, L. 94, L. 95, L. 97, L.
103, L. 104, L. 105, subparagraphs 1 to 6 and 8 to 10, L. 106, L. 109,
the final two sentences of subparagraph 3e, L. 110 to L. 113, L. 114,
subparagraph 2, L. 116, L. 125 to L. 131, L. 133, L. 135 to L. 137, L.
139, L. 144 to L. 149, L. 150, subparagraphs 1 and 2, L. 151 to L.
155, L. 157 to L. 159, L. 161, L. 162, L. 164 to L. 167, L. 168,
subparagraph 1, L. 170, subparagraphs 1 and 2, L. 172-1 to L. 177, L.
179, subparagraphs 1 to 3, L. 182, L. 185, L. 189 to L. 192, L. 193 to
L. 196, L. 198, L. 200 to L. 202, L. 204, subparagraph 1, L. 218 and
L. 228-1.
Article 48(2)
of the Act of 31 March 1941 adopting the Decree of 6 September 1929
and, in particular, Article 1 thereof.
In accordance
with the terms of Article 230 of the former Code, amended, Decree No
54-680 of 14 June 1954, Article 6, and Decree No 57-192 of 13 February
1957, the following legislative texts are hereby repealed:
Decree of
23-30 July 1793, Article 1.
Act of 5
Nivose year V, Article 14, subparagraph 3.
Order of 27
Prairial year IX, Articles 1 to 3, 5 and 9.
Order of
Consuls of 19 Germinal (seventhe month of the French Revulutionary
calendar) year IX.
Act of 21
April 1832, Article 47.
Act of 2 May
1837, Sole Article.
Order of 19
February 1843.
Act of 29
November 1850, Article 1, subparagraph 2, Articles 3 to 6.
Decree-law of
27 December 1851.
Act of 20 May
1854, Article 1, final subparagraph.
Act of 22
June 1854, Articles 20, 21 and 22.
Act of 4 June
1859, Articles 1 to 3, 5 to 7, subparagraph 1, and Article 9.
Act of 3 July
1861, Article 1.
Act of 20
December 1872, Article 22, subparagraph 1.
Act of 25
January 1873, except Article 6.
Act of 5
April 1878, Sole Article.
Act of 6
April 1878, Article 8.
Act of 20
April 1882, Articles 1 and 2.
Act of 20
December 1884.
Act of 28
July 1885.
Act of 26
January 1892, Article 30, subparagraphs 1, 2 and 3.
Act of 12
April 1892, Article 4(2).
Act of 25
December 1895, Article 15, subparagraphs 5 et seq.
Act of 30
March 1902, Article 24.
Act of 17
April 1906, Article 17.
Act of 8
April 1910, Article 45, and Act of 13 July 1911, Article 19.
Act of 27
February 1912, Article 14.
Act of 30
July 1913, Article 25, paragraph 1.
Act of 31
December 1918, Article 20.
Act of 12
August 1919, Article 10.
Act of 31
December 1921, Article 11.
Act of 30
June 1922, Article 2.
Act of 30
June 1923, Articles 70 to 79, 81, 85, 90 to 93.
Act of 27
December 1923, Article 44.
Act of 22
March 1924, Article 89.
Act of 13
July 1925, Article 162.
Act of 9
August 1925, Article 5.
Act of 29
April 1926, Article 67, subparagraph 1, Article 92, subparagraphs 1,
2, 3, 4, Articles 94 and 97.
Act of 30
June 1926, Article 28.
Act of 19
December 1926, Article 40, subparagraphs 1, 4 and 5; Article 41,
subparagraphs 2 and 4; Article 50.
Decree of 28
December 1926.
Act of 27
December 1927, Article 52.
Act of 30
June 1928, Article 28.
Act of 29
December 1929, Article 27.
Act of 16
April 1930, Article 94.
Act of 31
March 1931, Articles 52 and 55.
Act of 31
March 1932, Article 63.
Act of 31
December 1935, Article 46.
Act of 15
June 1938, Articles 1 to 4.
Decree of 17
June 1938, Article 1.
Act of 31
December 1938, Article 54.
Act of 5
October 1940, Article 1.
Act of 17
July 1941, Articles 2 and 3.
Act of 28
October 1941, Article 1.
Act of 17
November 1941.
Act of 5
February 1942, Article 1.
Act of 26
March 1942, Article 1.
Act of 31
December 1942, Article 48, subparagraph 1.
Act of 29
June 1943.
Act of 27
October 1943, Articles 1 and 2.
Order No
45-524 of 31 March 1945, Article 45.
Order No
45-2250 of 4 October 1945, Articles 63 and 64.
Act No
45-0195 of 31 December 1945, Articles 102 and 103, subparagraphs 1, 2,
3, 5 and 6.
Act No
47-1465 of 8 August 1947, Article 108.
Act No
48-1113 of 10 July 1948, Sole Article.
Act No
48-1288 of 18 August 1948, Article 2.
Act No
48-1992 of 31 December 1948, Article 46.
Act No 49-211
of 16 February 1949, Articles 1, 2 and 3.
Act No 49-758
of 9 June 1949.
Act No 49-759
of 9 June 1949.
Act No 49-946
of 16 July 1949, Article 17.
Act No 50-928
of 8 August 1950, Article 34.
Act No 51-570
of 20 May 1951, Article 10.
Act No 51-633
of 24 May 1951, Articles 2 and 3.
Act No
51-1506 of 31 December 1951, Articles 2 and 3.
Act No 52-401
of 14 April 1952, Article 70-VII.
Act No 53-26
of 28 January 1953, Articles 1 to 13 inclusive, except for
subparagraph 1 of Article 12.
Act No
53-1333 of 31 December 1953, Article 9.
Article L129
(inserted by Act No
2001-616 of 11 July 2001, Article 46,
Official Journal of
13 July
2001)
This Code shall apply to
Mayotte.
BOOK II
Tribunaux administratifs
and cours administratives d'appel
TITLE II
Organisation and
operation
Chapter 3: Special
provisions for the cours administratives d'appel of the
overseas departments Mayotte and Saint-Pierre-et-Miquelon
Article L223-2
(inserted by Act No 2001-616 of 11 July 2001, Article 71,
Official
Journal of
13 July
2001)
The reference for an opinion procedure of the tribunal
administratif of Mamoudzou followed by the chairman of the general
council of Mayotte shall be governed by the provisions of Article L.
3552-7 of the General Territorial Authorities Code set out below:
“Article L. 3552-7. – The chairman of the general council may refer to
the tribunal administratif of Mamoudzou requesting an opinion
regarding the interpretation of a statute of Mayotte or the
applicability of a legislative or regulatory text in this territorial
authority.
In the
event of serious difficulty, the president of the tribunal
administratif may forward this request to the Council of
Ministers.
This Article shall apply without prejudice to the provisions of
Article L. 3571-1(7).”
CHAPTER 3
Special provisions for the cours administratives d'appel of the
overseas departments Mayotte and Saint-Pierre-et-Miquelon (Article
L223-2)
POSTS AND
TELECOMMUNICATIONS CODE
(Regulatory Part –
Ordinary Decrees)
BOOK I
Postal service
TITLE I
General provisions
CHAPTER I: Postal monopoly
Article D1
The charge payable
for the delivery to the addressee or sender, at their request, of
letters and packets attached pursuant to Articles L.23 and L.24 shall
be equal to four times the postage rate applicable to each letter or
packet.
Article D2
When a ship is
required to be quarantined in the harbour of a port in France, the
captain shall firstly deliver, to the public health administration at
the port, the letters and packets with which he and the crewmembers
have been entrusted. This administration, having disinfected the
letters and packets, shall deliver these to the postmaster who shall
be solely responsible for delivering these or forwarding them through
the next ordinary mail service to their subsequent destination.
* The words
“establishment manager” replace those of “postmaster” or “centre
manager” according to Article 1 of Decree No 70 of 17 January 1991.*
CHAPTER II: Exceptions to
the inviolability and secrecy of correspondence
Article D3
Customs officials
may, with the assistance of agents of the posts and telecommunications
administration, open and check all unsealed mail and sealed mail
bearing the “Customs” label specified by the Universal Postal
Convention, whether this is of internal or external origin. They may
also require the postal service to open, in the presence of the sender
or addressee, as applicable, or on their authorisation, sealed mail
which does not bear this label and which shall then be inspected by
the customs officials.
Customs officials
may not under any circumstances read the contents of correspondence.
CHAPTER III: Creation of
post offices
Article D4
The posts and
telecommunications administration shall, within the limit of the
authorisations granted by the finance acts, create the establishments
and positions of employment needed in order to perform the services
with which it is entrusted.
Article D5
The management of
additional revenue may be entrusted to tobacconist-based postmasters
who collect indirect taxes and for whom this management is an
obligation, to tobacconists, to traders and even, if necessary, to
private individuals.
CHAPTER IV : Conditions
for accepting mail in the inland service
SECTION I: General
Article D6
The conditions for
accepting mail of any kind shall be fixed by an order of the Ministry
of Posts and Telecommunications subject to, in respect of the
international service, the stipulations appearing in the Universal
Postal Convention.
Article D7
The weight of
wrappers, envelopes, string and stamps on mail entrusted to the postal
service, and that of the stamps used for the postage, shall be
included in the chargeable weight.
Article D8
The mail referred
to in Articles D.10, D.13 and D.14 stamped at the reduced rate and not
meeting the conditions required to benefit from this rate shall be
regarded as letters with insufficient postage if they are presented
open or in an envelope and as packages with insufficient postage if
they are presented in another form.
The same shall
apply to the mail referred to in Articles D.13 and D.14 when this
bears unauthorised hand-written annotations or contains notes, even
where these are printed, which may be regarded as personal
correspondence or which may give rise to this.
SECTION II: Personal
letters, postcards and packages
Article D9
Within the inland
service, for the purposes of applying the postal rate, “personal
letters” shall be regarded as:
1° Mail presented
open or in an envelope, whether or not this is sealed, and containing
mainly correspondence or papers giving rise thereto;
2° Mail which does
not meet the conditions for acceptance into its category in the cases
specified in Article D.8.
Article D10
Postcards, which
shall benefit from a special rate, shall be composed of a sheet of
thin card which is strong enough not to hinder their handling and in
which at least the right-hand half of the reverse is reserved for the
recipient's address.
Article D11
Except where this
meets the conditions defined by Articles D.13 and D.14 to be accepted
at the “printed matter and samples” rate, mail containing mainly goods
and presented in the form of a sealed or unsealed packet shall be
subject to the package rates.
Article D12
(Decree No 1248 of
20 October 1962, Article 1,
Official Journal of
26 October 1962 corrected by the Official Journal of
19 December 1962)
(Decree No 18 of
12 January 1965, Article 1,
Official Journal of
13 January 1965)
(Decree No 22 of
8 January 1969,
Official Journal of
9 January 1969)
Packages shall
benefit from a special rate provided that they are franked by a
franking machine, sorted and bagged by large town and centralising
sorting offices and mailed in a number at least equal to 1 000 in the
places, on the days and at the times decided in agreement with the
postal service.
A special and even
lower rate may also be granted to users mailing a minimum of 500 000
packages per year, in return for the assistance provided by said users
to the postal service. The terms of this assistance shall be
specified in a special agreement between the administration and each
interested user.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
SECTION III: Printed
matter and samples
Article D13
The “printed matter
and samples” rate shall apply:
1° To printed
matter, i.e. to all impressions or reproductions made on paper or
similar materials, parchment, card, etc. by means of letterpress
printing, engraving, lithography, autography, ticket machines, ink
stamps or any mechanical process other than typewriters or tracing.
Reproductions of a
master copy, made using a pen or typewriter and obtained by means of a
mechanical process of polygraphy other than tracing, shall be
assimilated to printed matter provided that these are mailed over the
counter of post offices in a minimum number of twenty perfectly
identical copies.
When a printed text
reproduces a hand-written document, the words “printed text” shall be
clearly marked using one of the processes referred to above;
2° To samples, i.e.
to goods or fragments of goods sent in order to demonstrate a product.
The goods or
objects presented as “samples” must not, in principle, have any market
value.
The mail referred
to in this article must not itself, or through enclosed documents,
take the form of personal correspondence or be able to give rise
thereto. Furthermore, unless an exception is established by the
Ministry of Posts and Telecommunications, this mail must be prepared
such that its contents can always be easily checked without damaging
the packaging.
Article D14
The following shall
also benefit from the “printed matter and samples” rate:
1° Printing proofs
with or without the associated manuscripts. It is permitted to make
changes or additions to the proofs where these involve the correction,
form or printing of the proofs;
2° Mail containing
copies intended for printing in newspapers, sent as an open letter to
the address of a newspaper or periodical.
Mail containing
hand-written copies up to a weight of 20 grams and mail containing
printed copies may be collected from an “unenclosed mail” depot or be
delivered to the recipient's address.
Mail containing
hand-written copies whose weight exceeds 20 grams must, in order to
benefit from the reduced rate, be sent as “unenclosed mail” to be
collected from a depot;
3° Questionnaires
bearing the stamp of the National Institute for Statistics and
Economics Studies;
4° Reproductions by
hand or tracings of land register plans exchanged, in unsealed
envelopes, between the indirect taxes and land register administration
and owners.
Article D15
As an exception to
Articles D.13 and D.14, printed or hand-written voting cards, printed
or hand-written voting papers and printed electoral circulars, sent in
unsealed or open envelopes during the electoral period, shall benefit
from a special rate.
Voting cards mailed
by town halls in a sealed envelope in order to be delivered to the
homes of voters shall exceptionally be accepted at this rate provided
that the card is sent during the electoral period and that the
envelope is marked with the words “Voting Card” and the name of the
issuing town hall.
Article D16
“Printed matter and
samples” presented for stamping in cash, stamped using postage stamps
cancelled in advance or franked by franking machines, mailed in a
number at least equal to one thousand and sorted and bundled under the
conditions fixed by the regulations, shall benefit from a special
rate.
Article D17
Printed matter and
samples may, without any additional charge, contain the hand-written
or printed annotations authorised by an order of the Ministry of Posts
and Telecommunications.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
SECTION IV: Newspapers
and periodicals
Article D18
(Decree No 11 of
9 January 1981, Article 1,
Official Journal of
10 January 1981)
(Decree No 212 of 1 March
1982, Article 1,
Official Journal of
2 March 1982)
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
Newspapers and
periodicals which are connected with current affairs, determined
according to the object of the publication, may benefit from the press
rate if they meet the following conditions:
1° They must be
regarded as being of general interest in terms of the dissemination of
opinion: instruction, education, information, public recreation;
2° They must comply
with the obligations of the Act of 29 July 1881 on press freedom and
in particular:
a) They must bear
the name and address of the printer; this information must relate to
the printer who actually prints the publication;
b) They must have a
publication manager whose name is printed on all copies;
c) They must have
been registered as specified in Articles 7 and 10 of the
aforementioned Act;
3° They must appear
regularly at least once a quarter without there being an interval
greater than four months between two issues;
4° They must
actually be sold to the public, per issue or by subscription, at a
marked price which is specifically linked to the costs. The delivery
of the periodical may not be accompanied by the free or chargeable
supply of goods or provision of services which are not connected with
the main object of the publication.
A joint order of
the Ministry of Communications, the Minister for Posts and the
Minister for the Budget shall specify, where necessary, the terms of
application of this provision;
5° They must have
at most two-thirds of their surface area given over to advertising,
legal notices and classified advertisements without the latter
exceeding half of the total surface area;
6° They must not be
assimilable, despite their possible appearance as newspapers or
magazines, to any of the publications referred to in the following
categories:
a) Advertising
sheets, pamphlets, guides, leaflets, catalogues, almanacs;
b) Works published
in parts and whose publication covers a limited period of time or
which add to or update works already published. However, this
addition or update may benefit from the press rate for the part which,
during a year, does not increase the number of pages which the work
had as at 31 December of the previous year;
c) Publications
whose main object is the research or development of transactions of
commercial, industrial, banking, insurance or other undertakings, for
which they are actually instruments of advertising or communication,
or which appear to be an accessory to a commercial or industrial
activity;
d) Publications
whose main object is the publication of programme times, models, plans
or designs or listings, with the exception of publications whose main
object is the indication, by way of information, of radio and
television programmes and listings of securities;
e) Publications
whose main object is to provide information about the internal life of
a group, whatever its legal form, or constituting an instrument of
advertising or propaganda for this group;
f) Publications
whose price is included in a subscription to any association or group.
Article D19
(Decree No 11 of
9 January 1981, Article 1,
Official Journal of
10 January 1981)
(Decree No 212 of 1 March
1982, Article 2,
Official Journal of
2 March 1982)
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
Subject to
complying with the provisions of 1°, 2° and 3° of Article D.18,
subject to not falling within any of the categories mentioned in a, b,
c, d and e of 6° of the same article and provided that these are
connected with current affairs and that the advertising and
advertisements do not exceed 20% of the total surface area, the
following publications may benefit from a specific rate which may not
be less than that specified in the previous article:
1° Subject to the
favourable opinion of the
Minister for
Ex-Servicemen,
publications for ex-servicemen, disabled ex-servicemen or casualties
of war;
2° Subject to the
favourable opinion of the minister concerned, professional information
publications published by the trade union organisations representing
employees;
3° Publications
whose main object is to promote a political philosophy or action and
which are not published by or on behalf of a legal person governed by
public law;
4° Subject to the
favourable opinion of the Minister for Social Affairs, publications
published by friendly societies governed by the mutual insurance
system code and those published by groups composed and operating in
accordance with said code;
5° Subject to the
favourable opinion of the competent minister, publications published
by non-profit-making organisations whose object is to help, in a
clearly disinterested manner, in defending major national or
international humanitarian causes;
6° School
newspapers published or printed, under the management and
responsibility of teachers, in order to educate children and provide
information about the life and work of the school to the parents of
pupils and the corresponding schools.
Article D19-1
(Decree No 11 of
9 January 1981, Article 2,
Official Journal of
10 January 1981)
(Decree No 212 of 1 March
1982, Article 3,
Official Journal of
2 March 1982)
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
Publications
published by the State administration and by the public establishments
of the State, with the exception of those which are industrial and
commercial in nature, or on behalf of these, shall be charged at the
administrative publications rate.
Article D19-2
(Decree No 11 of
9 January 1981, Article 2,
Official Journal of
10 January 1981)
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
Newspapers and
publications published on a weekly basis at most, meeting the
conditions specified in Article D.18 and providing political and
general information shall benefit, at their request, from a reduction
on the urgent, non-urgent or contact press rate. The amount of this
reduction shall be fixed by decree.
In order to be
regarded as providing political and general information, these
publications must have the following characteristics:
1° They must always
provide, with regard to local, national or international political and
general current affairs, information and comments aimed at informing
popular opinion;
2° They must give
the majority of their editorial surface area over to this purpose;
3° They must have
an interest clearly going beyond the concerns of one category of
readers;
In addition,
national daily newspapers with limited advertising resources within
the meaning of Decree No 616 of 12 March 1986 and regional,
departmental and local daily newspapers within the meaning of Decree
No 528 of 28 July 1989 shall benefit from an additional reduction.
Article D19-3
(Decree No 11 of
9 January 1981, Article 2,
Official Journal of
10 January 1981)
(Decree No 212 of 1 March
1982, Article 4,
Official Journal of
2 March 1982)
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
In order to benefit
from the press rates, the specific rate or the administrative
publications rate, and also from the reductions on the press rates,
newspapers and periodicals must have received a certificate of
registration issued by the Joint Committee for Publications and News
Agencies or one of its sub-committees or be classed in one of the
categories referred to in Articles D.18, D.19 or D.19-1. In addition,
the certification of registration shall indicate whether the
publication shall benefit from the reduction specified in Article
D.19-2. Newspapers and periodicals must also, prior to any dispatch,
be registered with the departmental division for posts and
telecommunications whose jurisdiction includes the mailing office.
This registration shall be free.
Article D19-4
(inserted by Decree No 37
of 17 January 1997, Article 1,
Official Journal of
19 January
1997)
Mailings of
publications shall be accompanied by a declaration indicating the
category in which the Joint Committee for Publications and News
Agencies or one of its sub-committees has classed the publications to
be dispatched. This declaration shall specify whether this is a
normal issue, a supplement or an extra issue and whether there are any
special pages. It shall also indicate the weight of the publications
mailed.
In addition, the
editor or his representative shall certify in the declaration that the
publications mailed meet the conditions of their class.
Article D19-5
(inserted by Decree No 37
of 17 January 1997, Article 1,
Official Journal of
19 January
1997)
If the declaration
specified in the above article turns out not to correspond to the
actual situation, the Post Office shall apply the rate corresponding
to the actual situation of the mail, accompanied by a surcharge of
50%.
If another
inaccurate declaration is made within a period of one year, the
surcharge shall be fixed:
- for the first
repetition at 100%;
- for the second at
150%;
- for subsequent
repetitions at 200%.
The Post Office
shall send the editor a document in which it shall inform the latter
of the inaccuracies identified in the information which must appear in
the declaration, the rate applied and the surcharge determined.
The declarant shall
have a period of one clear month from the notification to contest,
before the Joint Committee for Publications and News Agencies, the
rate and surcharge applied.
Having obtained the
written observations of the parties, the Joint Committee for
Publications and News Agencies shall decide, within a period of one
month from the matter being referred thereto, on the inaccurate nature
of the information appearing in the declaration and the grounds for
the rate and surcharge applied.
Article D19-6
(inserted by Decree No 37
of 17 January 1997, Article 1,
Official Journal of
19 January
1997)
In the event of bad
faith on the part of the declarant, characterised by the renewal of
declarations containing inaccurate information or by the gravity of
the inaccuracies, the Joint Committee for Publications and News
Agencies shall decide, automatically or at the request of the Post
Office, on the exclusion from the benefit of the press rate for a
maximum period of six months.
Article D20
The following shall
be charged as ordinary printed matter:
1° Advertising
sheets, leaflets, catalogues, almanacs, books and brochures, works
published in parts and whose publication covers a limited period of
time and all periodicals which have the appearance of informative
newspapers and whose main object is the research or development of
transactions of commercial, industrial, banking or other undertakings
and those which are actually instruments of advertising or
advertisement used by establishments, societies, undertakings or
private individuals;
2° Newspapers and
periodicals and their supplements when more than two-thirds of these
is given over to advertisements and to opinions encouraging commercial
transactions, or when the advertising for one advertiser exceeds 10%
of the total surface area of the newspaper.
However, the
percentage of advertising for one advertiser may reach 25% of the
total surface area of the advertising provided that this percentage
remains exceptional and does not occur in more than:
- four issues per
quarter for daily publications;
- two issues per
quarter for weekly publications;
- one issue per
quarter for publications appearing once or twice per month;
- one issue per
year for other publications.
The exceptional
mailing of issues in which the advertisements exceed the above
proportions shall not mean that regular copies dispatched subsequently
shall lose the benefit of the reduced rate.
Advertisements are
in particular regarded as any insertions whose object is to highlight,
indicate or recommend what could be the object of a transaction.
Article D21
(Decree No 106 of
12 February 1965, Article 1,
Official Journal of
18 February 1965)
(Decree No 1156 of
29 October 1985, Article 1,
Official Journal of
6 November 1985)
Foreign newspapers
and periodicals shall be subject to the non-urgent letter rate or to
the printed matter rate depending on their intended use.
However, this
provision shall not apply to publications from Member States of the
European Economic Community established by the Treaty of Rome which
shall benefit from the preferential press rate under the same
conditions as French publications.
The posts and
telecommunications administration shall be authorised to allow foreign
publications mailed in France to benefit from the preferential press
rate when the country in question reciprocally allows French
newspapers and periodicals posted in its territory to benefit from the
rate specified by its national regulations for items in the same
category.
Article D22
(Decree No 11 of
9 January 1981, Article 1,
Official Journal of
10 January 1981)
In order to apply
the charges, newspapers shall be classified as packed and mailed,
semi-packed and mailed and other newspapers according to the degree of
preparation of the mail carried out by the sender prior to delivery to
the postal service.
Article D23
Newspapers and
periodicals may, without any additional charge, contain hand-written
or printed annotations authorised by an order of the Ministry of Posts
and Telecommunications.
Article D24
Newspapers and
periodicals “packed and mailed” or sent “unenclosed” in packets by the
editors or their representatives to agents or resellers shall benefit
from a 50% reduction in the rate which would normally apply thereto.
Article D25
(Decree No 18 of
12 January 1965,
Official Journal of
13 January 1965)
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
Each issue of a
publication may contain special pages intended for one part of its
readership determined according to geographical, social or
professional criteria.
The special pages
must be clearly identified either by specific pagination or by an
indication in the contents page of the publication.
They may be
presented in the form of inserts.
They shall form an
integral part of the publication and may not be distributed or sold
separately.
Article D26
The place of
publication, in terms of applying the charge, shall be that where the
newspaper is printed.
Article D27
(Decree No 37 of
17 January 1997, Article 1,
Official Journal of
19 January 1997)
A supplement to a
periodical is defined as any separate publication appearing
periodically or forming an addition caused by the abundance of
subjects covered or intended to supplement or illustrate the text of a
publication.
The supplement must
meet the same formal conditions and essential requirements as the main
publication. All supplements must be marked with the word
“supplement” followed by the title and the date or number of the
publication to which they are attached.
The supplement may
not be sold separately or be the subject of a separate subscription.
When the supplement
is not mailed at the same post office as the main publication to which
it is attached, it shall be charged separately.
Article D27-1
(inserted by Decree No 37
of 17 January 1997, Article 1,
Official Journal of
19 January
1997)
A special or extra
issue of a periodical is defined as any publication offered to the
public in addition to the normal issue, on a specific occasion or for
a major event.
The special or
extra issue must meet the same formal conditions and essential
requirements as the main publication. It must be marked with the
words “special issue” or “extra issue”.
However, one issue
per year for quarterly publications and two issues per year for
publications appearing at shorter intervals may be given over to a
single theme, provided that the subject covered has a clear connection
with the usual content of the main publication.
Article D27-2
(inserted by Decree No 37
of 17 January 1997, Article 1,
Official Journal of
19 January
1997)
The supplements and
extra issues of a publication which benefits from the reduction on the
press rates, as specified in Article D.19-2, shall be granted this
advantage ipso jure.
Article D28
(Decree No 1073 of
22 November 1968, Article 1,
Official Journal of
30 November 1968)
Printed matter or
samples may, when their presentation allows this, be inserted in a
newspaper or periodical.
The insert or
inserts placed inside a publication shall be subject to a separate
charge, in addition to the charge for the publication itself,
calculated, according to their total weight, at the “printed matter
and samples” rate.
The reply-paid
envelopes or cards referred to in Article D.46 and distributed within
a periodic publication shall give rise to the collection of a special
charge, separate from that applicable to other inserts and calculated
according to the total weight of the cards or envelopes inserted, on
the basis of the “printed matter and samples” rate. This charge shall
be payable whatever the method of insertion of the reply-paid
correspondence, even if the card intended for the reply must be
detached from a normal page of the publication.
The total charge to
be collected must not under any circumstances exceed that which would
apply to mail of the same weight stamped at the rate of the “printed
matter and samples” or “packages” category, as applicable.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
SECTION V: Audio magazines
Article D29
In order to be allowed to
benefit from the reduced rate specified in their favour, “audio
magazines” must meet the following conditions:
1° Their main
purpose must be to distribute audio documents containing general
information; these documents and the printed texts directly relating
thereto must represent at least one-third of the total surface area of
the magazine;
2° They must
contain only recordings specially created and developed in order to
produce the magazine. These recordings must form an integral part of
the magazine and must therefore be physically attached thereto; they
must not, in particular, be used or distributed separately;
3° They must have a
permanent title followed by the indication “audio magazine”;
4° They must bear
the address of the registered office of the administration, the name
of the manager and the number or date of issue;
5° They must appear
regularly at least once a month;
6° They must be
offered to the public by subscription; this obligation shall not,
however, prevent their sale per issue;
7° They must be
mailed in a detachable wrapper or open envelope and they must not
contain any other hand-written text apart from that authorised for
“printed matter and samples”;
8° They must have
been previously registered with the departmental division for posts
and telecommunications whose jurisdiction includes the mailing office.
Article D30
“Audio magazines”
not meeting the provisions in Article D.29 shall be subject, according
to their weight, to the normal charges applicable to “printed matter
and samples” or to “packages”.
The following shall
be subject in particular to these charges:
1° “Audio
magazines” distributed for advertising purposes;
2° Those in which
the advertisements exceed two-thirds of the surface area of the issue
for all advertisers or 10% for one advertiser, whether the
advertisements are placed free of charge or for consideration;
3° Those whose
publication covers a limited period.
Article D31
Furthermore, the
reduced rate shall be granted only to “audio magazines” posted under
the following conditions:
1° The items must
be mailed by the editors or their direct representatives (printers or
routing firms);
2° The items must
be franked using a franking machine. They must be mailed, sorted and
bundled by department and by distribution office and they must contain
only “audio magazines” to the exclusion of any other mail.
Furthermore, the
mailing wrappers or envelopes must bear the title of the magazine
followed very clearly by the words “audio magazine”.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
SECTION VI: Special
provisions
Article D32
Land register
records exchanged between the direct taxes and land register
administration and owners shall be accepted at a special rate up to a
maximum weight of 500 grams.
Article D33
Raised printed
matter for use by the blind shall be exempt from the postage rate and
from the special fees for the formalities of recorded delivery,
acknowledgement of receipt, urgency, express post, complaint and
refund, under the conditions and according to the limits fixed by the
regulations.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
CHAPTER V: Conditions for
accepting mail in the international service
Article D34
The exchange of
ordinary or recorded delivery mail between France and the overseas
departments on one hand and the Member States of the Universal Postal
Union on the other shall occur under the conditions fixed by the
Universal Postal Convention and its rules, subject to the application
of special agreements authorised by said convention.
Article D35
(Decree No 256 of
13 March 1981, Article 2,
Official Journal of
20 March 1981)
The exchange of
items with a declared value between, on one hand, France and the
overseas departments and, on the other, the countries which have
acceded to or will accede to the agreement of the Universal Postal
Union on items with a declared value shall occur under the conditions
determined by this agreement and its rules, subject to the application
of special schemes.
Article D36
The “postal
subscription” service in the relations between, on one hand, France
and the overseas departments and, on the other, the countries which
have acceded to or will accede to the agreement of the Universal
Postal Union on subscriptions to newspapers and periodicals shall
occur under the conditions determined by this agreement and the rules
annexed thereto, subject to the application of special schemes.
TITLE II
Postage, recorded
delivery and registration
CHAPTER I: Postage
Article D38
The posts and
telecommunications administration shall be authorised to issue a
reply-paid coupon which may be used under the conditions fixed by a
ministerial order.
Article D41
(Decree No 842 of
23 September 1979, Article 1,
Official Journal of
29 September 1979)
The franks applied
by franking machines commissioned with the authorisation of the posts
and telecommunications administration shall be regarded as valid for
the postage of mail.
The posts and
telecommunications administration shall be authorised to grant to
private individuals a reduction which may not exceed 1% of the amount
of the postage applied by franking machines or using stamps cancelled
in advance. A ministerial order countersigned by the Minister for
Financial Affairs shall determine the conditions under which this
reduction may be granted.
The posts and
telecommunications administration shall be authorised to grant to
holders of a specific postcode, due to the amount of mail received, a
maximum reduction of 2% of the amount of the postage applied thereby
using a franking machine. The amount and method of calculation of the
reduction and the conditions for applying the provisions shall be
fixed by an order of the Secretary of State for Posts and
Telecommunications.
Article D42
The Ministry of
Posts and Telecommunications shall be authorised to issue special
postage stamps including, separate from the payment of the normal
postage rate, the collection of a surcharge. The income from this
shall be given to the French Red Cross.
Article D44
(Decree No 256 of
13 March 1981, Article 2,
Official Journal of
20 March 1981)
Within the inland
service, the prior stamping of mail shall not be compulsory, except
for registered or recorded items, urgent mail or mail deliverable by
special carrier, acknowledgements of receipt and cash-on-delivery
items.
Article D45
(Decree No 592 of 29 July
1980, Article 1,
Official Journal of
30 July 1980)
Unstamped mail or
mail with insufficient postage shall result in the collection from the
addressee and, if refused by the latter, from the sender of a charge
equal to the insufficient postage to which a fixed handling charge
shall be added.
Article D46
(Decree No 1073 of
22 November 1968, Article 2,
Official Journal of
30 November 1968)
As an exception to
the provisions of Article D.45, reply-paid mail whose use has been
authorised by the posts and telecommunications administration and
which is returned unstamped to the holder of the authorisation shall
be subject only to the normal postage rate, plus a fixed surcharge.
This exception
shall apply only to replies sent in the form of postcards or letters
in the first two weight classes. This mail may not be sent by
recorded delivery.
Authorisations
shall be issued for a maximum period of one year. With regard to the
amount of the surcharges, a minimum levy per authorisation shall be
payable.
Permanent
authorisations may also be granted subject to a minimum amount of
traffic and special delivery terms fixed by the administration.
The reply-paid
envelopes or cards must comply, with regard to their format and
presentation, to the model fixed by the posts and telecommunications
administration.
Those which are
distributed within a periodic publication shall give rise to the
payment of a special insert charge, defined in Article D.28.
The posts and
telecommunications administration shall be authorised to defer the
delivery of reply-paid mail according to the requirements of the
service.
On the issue of the
authorisation, the holder shall sign the undertaking to pay the amount
of the postage plus either the corresponding surcharges or, if
applicable, the minimum levy specified in this article.
The charges to be
collected shall be debited from the user's post office account.
Reply-paid mail
posted after the expiry of the period of validity or after the
suspension of a permanent authorisation shall give rise to the
application of the double postage rate, in accordance with the
provisions of Article D.45.
CHAPTER II: Recorded
delivery and registration
Article D47
With the exception
of “printed matter and samples”, reply-paid mail and newspapers and
periodicals other than those stamped at the “other newspapers” rate,
the mail entrusted to the postal service may be sent recorded
delivery.
Mail accepted for
recorded delivery shall be guaranteed against the risks of loss and
shall be delivered against receipt under the conditions fixed by
Articles L.8 and L.9.
Article D48
No special
packaging shall be required for recorded delivery mail which shall, in
this respect, be subject to the rules specific to the category to
which it belongs.
Article D49
Recorded delivery
items shall be posted over the counters of post offices.
Article D50
The charges of any
kind to which recorded delivery items may be subject shall be paid by
the sender.
Article D51
(Decree No 466 of 7 June
1979, Article 2,
Official Journal of
15 June 1979)
Within the limits
specified by Article R.3(1°), second paragraph, valuables of any kind,
except for gold and silver, jewellery and precious objects, may be
inserted in recorded delivery letters.
Article D52
It is permitted to
insert gold or silver materials, other than coins of legal tender, in
recorded delivery packets provided that the value of these materials
is not higher than the amount of the compensation granted in the event
of the mail being lost.
Article D53
Mail with a
declared value shall be used for the carriage of the valuables listed
in Article D.55 and for the documents referred to in Article D.56.
This mail shall be
delivered against receipt and shall be guaranteed against risks of
loss, damage and despoilment, under the conditions fixed by Article
L.10.
The declaration of
value shall be inserted in capital letters over the mailing address
and shall indicate the amount of the valuables sent.
The maximum
declaration of value authorised shall be fixed by decree.
Article D54
According to the
nature of the valuables inserted, mail with a declared value must be
presented in the form of a letter, box or packet.
Mail with a
declared value shall be subject to special packaging, specific to each
of the three categories: letter, box or packet.
Article D55
(Decree No 466 of 7 June
1979, Article 3,
Official Journal of
15 June 1979)
(Decree No 263 of 7 March
1991, Article 3,
Official Journal of
9 March 1991)
Valuables which can
be insured in return for a prior declaration shall be:
1° In letters or
boxes: banknotes, vouchers, dividend and interest coupons payable to
the bearer, paper valuables of any kind, jewellery and precious
objects, and gold and silver materials, including coins of legal
tender in France or abroad.
2° In packets:
banknotes, other bearer valuables and paper valuables of any kind and
objects with a market value, excluding jewellery, precious objects and
gold and silver materials.
Article D56
Documents without
any intrinsic value (mortgage deeds, bills or other similar documents,
plans, estimates, contracts, etc.) sent through the post may be the
subject of a declaration of value corresponding to the costs of
replacing these documents and for an amount whose maximum shall be
fixed by decree. These documents may be inserted in letters, boxes or
packets.
Article D57
The sender of a
recorded delivery item or mail with a declared value may request that
he be informed of the receipt of this item by the addressee.
TITLE IV: Exemption from
postal charges
Article D73
(Decree No 212 of
19 March 1996, Article 1 and Article 2,
Official Journal of
20 March 1996)
The following shall
be exempted from postal charges:
1° Ordinary mail
received by the President of the Republic;
2° Mail for which
treaties or acts specify this.
Article D74
(Decree No 212 of
19 March 1996, Article 1 and Article 2,
Official Journal of
20 March 1996)
The services
carried out by the Post Office under the exemption shall be refunded
by the State according to the terms defined in Article 38 of the Post
Office specifications.
Article D75
(Decree No 799 of
30 August 1972, Article 1,
Official Journal of
31 August 1972)
(Decree No 212 of
19 March 1996, Article 1 and Article 2,
Official Journal of
20 March 1996)
Mail sent under the
exemption shall be subject to the same acceptance conditions as other
items of the same nature entrusted to the postal service, subject to
the special terms of acceptance fixed by an order of the Minister for
Posts.
Article D76
(Decree No 256 of
13 March 1981, Article 2,
Official Journal of
20 March 1981)
(Decree No 212 of
19 March 1996, Article 1 and Article 2,
Official Journal of
20 March 1996)
With the exception
of the mail referred to in 1° of Article D.73 of this Code, mail sent
under the exemption must be posted over the counter of a Post Office
reception point. Failing this, it shall be handled like unstamped
mail, according to the terms specified in Article D.45 of this Code.
Article D77
(Decree No 212 of
19 March 1996, Article 1 and Article 2,
Official Journal of
20 March 1996)
The Post Office
shall be justified in asking the sender of an exempt item of mail,
when this is posted over the counter of a Post Office reception point,
to provide proof of this right.
TITLE V: Parcels
Article D81
(Decree No 1343 of
7 November 1962, Article 5,
Official Journal of
16 November 1962)
The Ministry of
Posts and Telecommunications shall be responsible for organising and
inspecting the parcel service in France and in the overseas
departments. In mainland France and the coastal islands, the parcel
service shall be limited to exchanges with Corsica and the overseas
departments and territories and to international relations.
Article D81-1
(inserted by Decree
No 904 of 14 October 1968, Article 2,
Official Journal of
22 October
1968)
The list of foreign
countries with which parcel traffic shall benefit from a preferential
scheme specified by a convention concluded between the State and the
French National Railway Company shall be fixed by an order of the
Ministry of Posts and Telecommunications following an opinion from the
Minister for Foreign Affairs.
Article D82
(Decree No 1343 of
7 November 1962, Article 5,
Official Journal of
16 November 1962)
(Decree No 506 of 17 May
1974, Article 2,
Official Journal of
21 May 1974)
In the relations
between mainland France (including the coastal islands) and the
overseas territories and also in international relations, the exchange
of parcels shall occur under the conditions fixed by the agreements of
the Universal Postal Union on parcels and cash-on-delivery items,
their final protocols and their implementing rules or according to the
provisions of the agreements concluded with the countries which do not
accede to the aforementioned documents. The exchange of parcels with
Corsica and the overseas departments shall be subject to the same
conditions when an exception is not made thereto by the special
provisions laid down by the Ministry of Posts and Telecommunications.
These provisions may not cover the shares of any kind or the main and
additional charges received by the annexed budget for posts and
telecommunications and which shall remain subject to the rules
specified by the aforementioned agreements.
Article D83
(Decree No 1343 of
7 November 1962, Article 5,
Official Journal of
16 November 1962)
The conditions for
the performance of the service by land, sea and air carriers and the
responsibilities which they shall have shall be fixed by the
specifications, the texts on the co-ordination of transport or special
conventions.
Article D84-1
(Decree No 1073 of
22 November 1968, Article 3,
Official Journal of
30 November 1968)
Post offices shall
participate in the small parcels service of the French National
Railway Company under the conditions fixed by the posts and
telecommunications administration in agreement with said company.
Article D85
(Decree No 1343 of
7 November 1962, Article 5,
Official Journal of
16 November 1962)
The charges
collected for parcels exchanged in the relations referred to in
Article D.82 shall include, pursuant to the stipulations of the
agreements of the Universal Postal Union on parcels and
cash-on-delivery items:
a) The land shares
received by the annexed budget for posts and telecommunications or the
French carriers;
b) The shares for
the sea or air transport;
c) The transit
shares payable to the intermediate services or administrations;
d) The land shares
allocated to the destination services or administrations;
e) The additional
charges specified by the aforementioned agreements.
Article D86
(Decree No 1343 of
7 November 1962, Article 5,
Official Journal of
16 November 1962)
The extent of the
service, the amount of the compensation, the French land, sea, air and
transit shares and any main or additional charges received by the
annexed budget for posts and telecommunications or the French carriers
shall be fixed by a decision of the Ministry of Posts and
Telecommunications taking into account, where applicable, the
provisions of the specifications, the texts on the co-ordination of
transport or the special conventions referred to in Article D.83.
Article D87
(Decree No 1343 of
7 November 1962, Article 5,
Official Journal of
16 November 1962)
(Decree No 506 of 17 May
1974, Article 2,
Official Journal of
21 May 1974)
The rules in the
agreements of the Universal Postal Union on parcels and
cash-on-delivery items shall apply to parcels in the inland services
of the department of Corsica and the overseas departments when no
specific provision has been laid down by the Ministry of Posts and
Telecommunications. Like those specified in Article D.82, these
special provisions may not cover the shares of any kind or the main
and additional charges.
Article D88
Parcels which are
abandoned or remain undelivered for six months shall be handed over to
the land office service in order to be sold for the benefit of the
State, subject to deduction of the charges and costs payable to the
carriers, if any. Similarly, the income from the sale of articles
contained in parcels and subject to damage or corruption shall be paid
to the land office service if these cannot be delivered to the sender
or addressee. If it is not possible to sell these for any reason, the
damaged or corrupted items shall be destroyed.
Article D89
Any parcel which
contains letters or notes regarded as current or personal
correspondence shall be treated as an unstamped letter of maximum
weight from the same origin and bearing the same address. However, if
the weight of the parcel is less than the maximum weight fixed for
letters, the charge to be collected shall be based on the actual
weight of the parcel. If the parcel contains only a single letter or
note, this shall be treated as an unstamped letter.
The same provisions
shall apply to parcels deemed to contain unauthorised inscriptions.
TITLE VI Mail
delivery
CHAPTER I: Delivery to
the recipient's address
Article D90
(Decree No 761 of
7 August 1975, Article 1,
Official Journal of
15 August 1975)
(Decree No 936 of
9 October 1981, Article 1,
Official Journal of
16 October 1981)
The posts and
telecommunications administration shall collect the mail whose
carriage is entrusted thereto and deliver this every working day to
the address indicated by the sender.
To this end,
buildings constructed after a date which shall be fixed by a joint
order of the Minister for Amenities and the Secretary of State for
Posts and Telecommunications must have a letterbox allowing the
security of mail and the speed of delivery to be ensured.
In the absence of
this letterbox, mail shall be made available at the local post office
according to the terms and deadlines fixed by the Ministry of Posts
and Telecommunications.
Furthermore,
conventions may be concluded by the administration in order to serve
buildings which, due to their nature, situation or assignment, justify
special operating conditions.
Article D91
(Decree No 842 of
28 September 1979, Article 3,
Official Journal of
29 September 1979)
The posts and
telecommunications administration shall be authorised to deliver by
special carrier in all the departments, including the overseas
departments, any mail of postal origin when the sender requests this
on the address and has paid the corresponding charge.
Article D92
Deliverers who
serve towns without a post office or remote sections of a municipality
with a post office shall be obliged to serve as an intermediary
between private individuals and their local post office, under the
conditions determined by the Ministry of Posts and Telecommunications,
for certain operations which may be carried out only over the counters
of post offices.
Separate from the
charges collected for the benefit of the State, each of these
operations shall give rise, to the benefit of the deliverer
responsible for this during their round, to the collection of a
commission fee.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
CHAPTER II:
Over-the-counter delivery
Article D93
Private individuals
who have their domicile or who own a commercial or industrial
establishment located in the catchment area of a post office may be
authorised to retrieve their mail from the office itself, under the
conditions determined by an order of the Ministry of Posts and
Telecommunications.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
TITLE VII: Maritime post
Article D94-1
All owners of ships
which have to call at a port in mainland France shall be obliged to
inform the Ministry of Posts and Telecommunications and a qualified
representative of the postal service at the port of call, at least one
month in advance, of the presumed date of departure of the ship.
The owner shall
also indicate at which ports this ship will subsequently call during
its voyage, specifying for each port the probable dates of arrival and
departure.
Article D94-2
All ship captains
are forbidden from setting sail from any port on the mainland, to any
destination whatsoever, without obtaining a certificate from the
qualified representative of the postal service at the port, recording
the handover of mail or indicating that the postal service did not
have any mail to hand over. This shall not apply to services sailing
from a port on the mainland to another port on the mainland.
Article D94-3
On arrival in the
port of destination, all ship captains shall hand over their
certificate and the mail to the qualified representative of the postal
service at the place of unloading. They shall obtain a receipt
therefrom which, on their return to a port on the mainland, they shall
hand over to the qualified representative of the postal service at the
port who shall issue them with an acknowledgement.
Article D94-4
All owners of ships
which have to call at a port in the overseas departments or
territories shall inform, at least one month in advance, the qualified
representative of the postal service at the port:
- of the presumed
date of departure of the ship from the port in question;
- of the date of
arrival of the ship at the destination port in mainland France.
No ship captains
may set sail without obtaining a certificate from the qualified
representative of the postal service at the port of call town,
indicating the number of items of mail handed over thereto or
certifying that the postal service did not have any mail to hand over
thereto.
Having arrived at
the destination port, the captain shall hand over this certificate to
the qualified representative of the postal service at the port who
shall issue a receipt thereto.
Article D95-1
The exchange of
mail between agents of the posts and telecommunications administration
and captains of non-mail ships, i.e. those not recognised as mail
ships and also not benefiting from the bonuses specified by the
Merchant Navy Act, shall occur on the sea quay close to the ships.
The transport costs between the post office and the point chosen for
the exchanges shall be paid by the posts and telecommunications
administration.
Article D95-2
Non-mail ships may
be required to perform the parcel service.
The conditions of
remuneration of this transport shall be fixed by the Ministry of Posts
and Telecommunications within the provisions of the agreement of the
Universal Postal Union on parcels.
Article D95-3
The payment made by
the posts and telecommunications administration to owners of non-mail
ships sailing between France and the overseas departments or
territories shall be fixed by a decree adopted by the Ministry of
Posts and Telecommunications, countersigned by the Minister for
Financial Affairs.
BOOK II
Telecommunications
TITLE I
General provisions
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
CHAPTER I
Principles and
definitions
Paragraph 1: Appointment
of members to the Commission for the Public Service of Posts and
Telecommunications
Article D96-1
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
(Decree No 860 of
29 September 1994, Article 1,
Official Journal of
6 October 1994)
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
The members of
parliament who are to be members of the Commission for the Public
Service of Posts and Telecommunications shall be appointed for the
term of the legislature during which they are appointed.
Article D96-2
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
(Decree No 860 of
29 September 1994, Article 2,
Official Journal of
6 October 1994 corrected by Official Journal of 3 December
1994)
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
The senators shall
be appointed for a term of three years. After each renewal of a third
of the Senate, a new college of senators shall be appointed for a term
of three years.
Article D96-3
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
(Decree No 860 of
29 September 1994, Article 3,
Official Journal of
6 October 1994)
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
The qualified
persons in the posts and telecommunications sectors shall be appointed
by an order of the Ministry of Posts and Telecommunications for a term
of three years.
These persons may
not fulfil duties for the Ministry of Posts and Telecommunications or
establishments answering thereto, for the Telecommunications
Regulatory Authority or for operators in the posts and
telecommunications sectors. They may also not retain or adopt, while
fulfilling their duties within the Commission, by themselves or
through an intermediary, interests likely to compromise their
independence.
Article D96-4
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The members of the
Commission shall guarantee the confidentiality of the facts,
information or documents to which they are privy in the fulfilment or
during the fulfilment of their duties within the Commission.
Article D96-5
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall elect from among its members a president and two vice-presidents
chosen from the members of parliament for a term of three years.
Applications for
the presidency of the Commission must be filed with the Commission
secretariat fifteen days before the election meeting. However, when
the Commission is initially established, no delay shall be required.
Article D96-6
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
Commission members
shall lose this capacity at the same time as the mandates due to which
they were appointed or when they cease to meet the conditions
specified in Article D.96-3.
If a seat becomes
vacant, the term of the new appointment shall be limited to the
remaining term.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 2: Powers of
the Commission for the Public Service of Posts and Telecommunications
Article D96-7
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall be consulted by the Ministry of Posts and Telecommunications:
1° On draft
amendments to the legislation specific to the posts and
telecommunications sectors;
2° On proposed
Community directives relating to the posts and telecommunications
sectors;
3° On drafts of and
amendments to specifications and, where applicable, blueprint
contracts for the Post Office and operators responsible for the
universal telecommunications service;
4° On the
Government reports to Parliament referred to in Article L.35-7 of this
Code and in Article 23 of the Telecommunications Regulation Act No 659
of 26 July 1996.
Within this
procedure, the Minister shall provide the Commission with any
documents which the latter considers necessary in order to form an
opinion.
Article D96-8
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Ministry of
Posts and Telecommunications may refer to the Commission for an
opinion on any subject falling within the latter's competence.
Article D96-9
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall examine the conditions under which the Post Office and France
Télécom perform their tasks and shall ensure, together with the
Ministry of Posts and Telecommunications, compliance with the
provisions of the blueprint contracts and specifications.
More generally, it
shall ensure the balanced development of the posts and
telecommunications sectors and compliance with the principles of the
public service, in particular the universal service in the
telecommunications sector, under the conditions specified by Article
L.32-2.
Article D96-10
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission may
decide, on the initiative of its president and the majority of its
members, to refer to itself any issue falling within its competence
and to publish its observations and recommendations at any time. In
this case, it shall inform the Ministry of Posts and
Telecommunications of these in advance.
Article D96-11
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission may
gather all the information needed to accomplish its tasks.
More generally, the
Commission may hold any hearings which it considers necessary in order
to correctly accomplish its tasks.
Article D96-12
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission may
decide, on the initiative of its president and the majority of its
members, to ask the Ministry of Posts and Telecommunications to order
the general inspectorate of posts and telecommunications to carry out
any study or investigation concerning the Post Office and France
Télécom or, more generally, within the competence of the Commission.
The report or study
produced by the general inspectorate shall be sent by the Ministry of
Posts and Telecommunications to the Commission president by the
deadlines fixed by mutual agreement.
Within this
procedure, the Commission may carry out any investigations which it
considers appropriate in respect of either of the two operators.
Article D96-13
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission may
be consulted by the Telecommunications Regulatory Authority and by the
standing committees of the National Assembly and Senate on issues
falling under their specific competence in respect of posts and
telecommunications.
Article D96-14
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission may
refer to the Telecommunications Regulatory Authority issues falling
within the competence of this Authority in terms of the inspection of
compliance and punishment of non-compliance, by operators, with the
public and universal service obligations resulting from the acts and
regulations applying thereto under the Posts and Telecommunications
Code and the authorisations from which they benefit.
Article D96-15
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall deliver its opinions within one month of the matter being
referred thereto by the referring authority.
However, in urgent
cases, the latter may request an opinion within a shorter period which
it shall fix after consulting the Commission president.
Article D96-16
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission's
opinion, which must be reasoned pursuant to Article 35 of amended Act
No 568 of 2 July 1990 on the organisation of the public service of
posts and telecommunications and delivered in the context of a
consultation specified in 3° of Article D.96-7, shall be notified to
the Ministry of Posts and Telecommunications and published within one
month of this notification or, where applicable, on the publication of
the documents concerned.
Other opinions
delivered in the context of a consultation specified in Article D.96‑7
and the opinions, observations or recommendations issued pursuant to
this Decree may be made public by a decision of the Commission with
the agreement of the referring authority.
Article D96-17
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall produce an annual report which must contain a balance sheet for
the financial year of the public service of posts and
telecommunications throughout the territory. This report shall
include a specific chapter on the universal telecommunications service
and also a chapter on the implementation of the general interest tasks
defined in the third paragraph of Article L.35-6. This report shall
be produced after the Commission has read the annual report of the
Telecommunications Regulatory Authority. It shall also set out the
activities of the Commission and shall list the public opinions which
it has issued during the financial year just ended.
This report shall
be sent to the Prime Minister and to the presidents of the National
Assembly and Senate. It shall be made public.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 3: Operation of
the Commission for the Public Service of Posts and Telecommunications
Article D96-18
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall draw up its internal regulations.
Article D96-19
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall meet in ordinary meetings at least once every two months at the
invitation of its president. This invitation shall contain the agenda
for the meeting as fixed by the president. An issue shall be
automatically included on the agenda if at least seven Commission
members request this.
The invitation
shall be sent at least ten days before the date of the meeting. In
urgent cases, no delay shall be required.
The Commission
shall automatically meet on a specific agenda if at least seven of its
members make this request to the president. The latter shall then
send out the invitations within ten days of the request thereto.
During the meeting,
with the agreement of the members present, the president may alter the
agenda.
Article D96-20
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
During the first
meeting intended for the election of its president, the Commission
shall be invited and presided over by its most senior member.
Article D96-21
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall deliberate over matters falling within its competence. It may
validly deliberate only if nine of its serving members are present or
represented. If this quorum is not reached, the Commission shall be
invited to meet again within ten days and shall then deliberate by the
majority of members present or represented.
If the vote is
split, the president shall have the casting vote.
The Commission
members may delegate their voting right. Each member may not receive
more than one mandate.
The Commission
president shall take every step required to implement the provisions
of Article D.96-15. He may, in particular, in urgent cases, decide to
use a written consultation according to the terms specified by the
internal regulations.
Article D96-22
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
Each meeting shall
be recorded in minutes signed by the Commission president.
Article D96-23
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The Commission
shall manage its secretariat to which the Ministry of Posts and
Telecommunications shall provide its assistance.
Article D96-24
(inserted by Decree
No 1035 of 28 November 1996, Article 1,
Official Journal of
30 November
1996)
The resources
needed for the operation of the Commission and the accomplishment of
its tasks shall be entered in the budget of the Ministry of Posts and
Telecommunications. The expenses decided by the Commission president,
within this budget, shall be authorised by the Ministry of Posts and
Telecommunications.
The forecast
resources of the Commission for the following year shall be notified,
each year within due time, by its president to the Ministry of Posts
and Telecommunications with a view to the preparation of his
department's budget.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 4: Advisory
Panel on Radio Communications
Article D97-1
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
(Decree No 1152 of
26 December 1996, Article 1,
Official Journal of
28 December 1996)
The Advisory Panel
on Radio Communications shall be composed of twenty-one members
appointed by an order of the Minister for Telecommunications,
following an opinion from the Telecommunications Regulatory
Authority. It shall contain:
- seven
representatives of the radio network operators and service providers;
- seven
representatives of the professional and private users of these
networks and services;
- seven qualified
persons.
The Advisory Panel
shall be consulted by the competent authority on:
- the drafts
intended to define the authorisation procedures and to fix or amend
the technical and operating conditions of the public radio networks,
the independent radio networks and the radio services provided to the
public, referred to in Articles L.33-1, L.33-2 and L.34-3;
- the draft
specifications and technical requirements applicable to these networks
and services; the Advisory Panel shall therefore take account of the
standards, opinions or recommendations issued by the European and
international authorities;
- the drafts
intended to fix the conditions under which the independent radio
networks may be connected to a public network;
- the drafts
determining the categories of low-power and short-range radio
installations which may be freely established pursuant to Article
L.33-3 and the drafts defining the conditions of use of the categories
of installations thus determined and the radio installations not using
frequencies specifically assigned to their user;
- the drafts
intended to define the requirements on interconnection and dialling
referred to in Articles L.34-8 and L.34-10.
The Advisory Panel
may be asked, by the Minister for Telecommunications or by the
Telecommunications Regulatory Authority, for opinions, studies or
anything else falling within its competence. It may decide, on the
initiative of its president and with the agreement of the majority of
its members, to refer to itself any issue falling within its
competence. It shall inform the Minister for Telecommunications and
the Telecommunications Regulatory Authority of this.
The president of
the Advisory Panel on Radio Communications shall send the opinions
issued by this body to the Minister for Telecommunications and the
Telecommunications Regulatory Authority. The Minister shall send to
the Commission for the Public Service of Posts and Telecommunications
the opinions which the Advisory Panel on Radio Communications has
issued on the drafts referred to in the second paragraph of this
article. The opinions issued by the Advisory Panel may be made
public, either on the initiative of the authority which requested
these or on the initiative of the Advisory Panel's president, with the
agreement of the majority of its members and after the referring
authority has been informed of this.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 5: Advisory
Panel on Telecommunications Services and Networks
Article D97-2
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
(Decree No 1152 of
26 December 1996, Article 1,
Official Journal of
28 December 1996)
The Advisory Panel
on Telecommunications Services and Networks shall be composed of
twenty-one members appointed by an order of the Minister for
Telecommunications, following an opinion from the Telecommunications
Regulatory Authority. It shall contain:
- seven
representatives of the non-radio network operators and service
providers;
- seven
representatives of the professional and private users of these
networks and services;
- seven qualified
persons.
The Advisory Panel
shall be consulted by the competent authority on:
- the drafts
intended to define the authorisation procedures and to fix or amend
the technical and operating conditions of the telegraphic
telecommunications services and networks referred to in Articles
L.33-1, L.33-2, L.33-3, L.34-1, L.34-2 and L.34-4;
- the draft
specifications and technical requirements applicable to these networks
and services; the Advisory Panel shall therefore take account of the
standards, opinions or recommendations issued by the European and
international authorities;
- the drafts
intended to define the requirements on interconnection and dialling
referred to in Articles L.34-8 and L.34-10.
The Advisory Panel
may be asked, by the Minister for Telecommunications or by the
Telecommunications Regulatory Authority, for opinions, studies or
anything else falling within its competence. It may decide, on the
initiative of its president and with the agreement of the majority of
its members, to refer to itself any issue falling within its
competence. It shall inform the Minister for Telecommunications and
the Telecommunications Regulatory Authority of this.
The president of
the Advisory Panel on Telecommunications Services and Networks shall
send the opinions issued by this body to the Minister for
Telecommunications and the Telecommunications Regulatory Authority.
The Minister shall send to the Commission for the Public Service of
Posts and Telecommunications the opinions which the Advisory Panel on
Telecommunications Services and Networks has issued on the drafts
referred to in the second paragraph of this article. The opinions
issued by the Advisory Panel may be made public, either on the
initiative of the authority which requested these or on the initiative
of the Advisory Panel's president, with the agreement of the majority
of its members and after the referring authority has been informed of
this.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 6: Organisation
and operation of the Advisory Panels
Article D97-3
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
(Decree No 1152 of
26 December 1996, Article 1,
Official Journal of
28 December 1996)
The president of
each of the Advisory Panels referred to in Articles D.97-1 and D.97-2
shall be appointed by the Minister for Telecommunications, following
an opinion from the Telecommunications Regulatory Authority, from
among the qualified persons who are members of these Advisory Panels.
He shall have the casting vote if the vote is split.
The Advisory Panel
members shall be appointed for three years. They shall lose this
capacity at the same time as the mandates or duties due to which they
were appointed. If a seat becomes vacant mid-term, the term of the
new appointment shall be limited to the remaining term.
The Minister for
Telecommunications or his representative and the president of the
Telecommunications Regulatory Authority or his representative shall
attend ipso jure the meetings of each of the Advisory Panels
without being able to take part in the deliberations.
Each of the
Advisory Panels shall meet at least twice per year, on the proposal of
its president or at the request of the majority of its members.
The president of
each Advisory Panel shall invite the members to the meetings and shall
set the agenda for these.
Each Advisory Panel
shall adopt its internal regulations.
Each Advisory Panel
may appoint, on a permanent basis, one or more specialised technical
groups.
Each Advisory Panel
may create working groups, appoint rapporteurs to investigate specific
issues and hear experts.
The Advisory Panel
members shall guarantee the confidentiality of the facts, information
or documents to which they are privy in or during the fulfilment of
their duties within these Advisory Panels.
Each Advisory Panel
shall have a secretariat provided by the Telecommunications Regulatory
Authority and an assistant secretariat provided by the Minister for
Telecommunications.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 7:
Telecommunications Regulatory Authority
Article D97-4
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The
Telecommunications Regulatory Authority shall adopt its internal
regulations which shall fix, in particular, the terms of deliberation
and the procedural rules applicable before it.
Article D97-5
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The president of
the Telecommunications Regulatory Authority may have recourse to, with
the agreement of the interested ministers, the State services whose
assistance is needed to accomplish its task.
Article D97-6
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The president of
the Telecommunications Regulatory Authority shall be authorised to
sign conventions, either free of charge or for consideration, with any
public or private person.
Article D97-7
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The president of
the Telecommunications Regulatory Authority shall authorise the
expenditure and income of the Telecommunications Regulatory Authority.
Authorisations to
receive funds and incur expenditure may be created in respect of the
Telecommunications Regulatory Authority, by a decision of the
president, under the conditions fixed by Decree No 681 of 20 July 1992
on authorisations to receive funds and incur expenditure of public
bodies.
Article D97-8
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The services of the
Telecommunications Regulatory Authority shall be managed, under the
president's authority, by a general manager.
The general manager
shall be appointed by the president of the Authority. The general
manager and the subordinates which he shall appoint shall attend the
deliberations of the Telecommunications Regulatory Authority and shall
ensure the application thereof.
Article D97-9
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The president of
the Telecommunications Regulatory Authority shall make the
appointments to the other positions in the Authority.
Article D97-10
(inserted by Decree
No 1138 of 23 December 1996, Article 1,
Official Journal of
26 December
1996)
The president of
the Telecommunications Regulatory Authority may delegate the power to
the general manager and, within the limit of their powers, to any
other agent of the Authority to sign any documents relating to the
operation of the Authority or the application of its decisions.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
CHAPTER II
Legal framework
Section 1: Standard
clauses of the specifications associated with the authorisations
granted pursuant to Articles L.33-1 and L.34-1
Article D98-1
(inserted by Decree
No 1175 of 27 December 1996, Article 1,
Official Journal of
29 December
1996)
The specifications
associated with the authorisations granted pursuant to Articles L.33-1
and L.34-1 shall contain the following standard clauses relating to c,
f, g, k, n and p of Article L.33-1:
c) Conditions of
confidentiality and neutrality with regard to transmitted messages and
information connected with calls.
1. Compliance with
the secrecy of correspondence and neutrality.
The operator shall
take the necessary steps to ensure the neutrality of its services with
regard to the content of the messages transmitted over its network and
the secrecy of correspondence.
To this end, the
operator shall provide its services without any discrimination,
whatever the nature of the transmitted messages, and shall make the
appropriate arrangements to ensure the integrity of the messages.
In accordance with
Article 1 of the Act of 10 July 1991 on the secrecy of correspondence
sent using telecommunications, only the public authority may interfere
with this secrecy, in the cases and under the conditions established
by the Act.
The operator shall
be obliged to inform its staff, and in particular the qualified
agents, of the obligations and penalties which they shall incur under
the provisions of the penal code, and in particular under Articles
226-13, 226-15 and 432-9 on the secrecy of correspondence.
2. Handling of
personal data.
The operator shall
take the appropriate steps to ensure the protection, integrity and
confidentiality of the identifying information which it holds and
handles.
In particular, the
operator shall guarantee the right for every person:
- not to be
included in the published lists of accountholders or users. The
operator shall provide this service free of charge or, failing this,
shall apply a reasonable and non-dissuasive charge for this service;
- to oppose free of
charge the entry in these lists of the full address of their domicile,
provided that the available data allows this accountholder to be
distinguished from others with the same name, and, if appropriate, of
a reference to their sex;
- to oppose free of
charge the use of invoicing data relating thereto by the operator for
commercial canvassing purposes;
- to forbid free of
charge the use of identifying information relating thereto and
included in the accountholder lists in commercial operations either by
post or using telecommunications, with the exception of operations
relating to the authorised activity and coming under the contractual
relationship between the operator and the accountholder; and
- to be able, free
of charge, to obtain the identifying information relating thereto and
to demand that this be corrected, supplemented, clarified, updated or
deleted.
The operator shall
be obliged to use the personal data in accordance with the declared
purposes. The operator may legitimately use, store and, if
applicable, send to third parties the data collected within its
activity for the purposes of transmitting calls, invoicing and payment
of the services provided.
The operator shall
allow all its customers to oppose, free of charge, call by call or
permanently, the identification of their number or their name by the
called set. This function must also be offered for calls made from
public telephone kiosks. In addition, the operator shall provide a
special device to suppress this function for reasons connected with
the operation of the emergency services or the peace of mind of the
person called, in accordance with the regulations in force.
The operator shall
provide means allowing a call transfer to be interrupted, at the
request of the accountholder to whom the calls are transferred.
When the operator
uses service marketing companies, it shall ensure, within the
contractual relationships with these companies, compliance with its
obligations on the conditions of confidentiality and neutrality with
regard to transmitted messages and information connected with calls.
3. Security of
calls.
The operator shall
take all the appropriate steps to ensure the security of calls passing
through its network. It shall comply with the technical security
requirements which may be laid down by the Telecommunications
Regulatory Authority according to Article L.36-6. In this context and
on a confidential basis, the Telecommunications Regulatory Authority
may be informed of the steps taken to secure the network.
The operator shall
inform its clients of the existing services allowing, if applicable,
the security of calls to be reinforced.
f) Requirements
demanded by defence and public safety.
In accordance with
the instructions of the Minister for Telecommunications, who is
responsible in terms of defence for the general operation of
transmissions in accordance with Decree No 1036 of 2 September 1993 on
the organisation of telecommunications in respect of defence, the
operator shall take the appropriate steps, particularly in
anticipation of the circumstances referred to in Articles 2 and 6 of
Order No 147 of 7 January 1959 on the general organisation of defence
and in Decrees No 28 of 13 January 1965 on the organisation of civil
defence and No 321 of 20 April 1983 on the power of prefects with
regard to non-military defence, to:
- ensure the
regular operation of its installations;
- protect its
installations, using appropriate measures, against attacks of any
kind;
- guarantee the
implementation, as quickly as possible, of the technical and human
resources able to alleviate the most serious consequences resulting
from failures, disablement or destruction of the installations;
- be able to
respond, for its part, to the requirements of national defence and
public safety and, in particular, to implement the resources requested
by the territorial representatives of the State in the context of
emergency plans;
- be able, in a
time of crisis or imperative need, to establish links specially
designed or reserved for defence or public safety, according to the
technical and financial terms fixed by a convention with the State
services concerned.
The operator shall
respect the order of priority and the general conditions for
re-establishing links for, in particular, the State services and the
bodies responsible for a public interest task or contributing to
public safety and defence tasks. These shall be covered by a joint
order of the Minister for Telecommunications, the Interior Minister
and the Defence Minister.
The operator shall
comply with the decisions or instructions of the legal, military or
police authorities and with those of the Minister for
Telecommunications.
The operator shall
set up and ensure the implementation of the resources needed to apply
Act No 646 of 10 July 1991 by the authorities authorised under this
Act. In this context, the operator shall appoint qualified agents
under the conditions described in Decree No 119 of 28 January 1993 on
the appointment of qualified agents to perform physical operations
needed to set up intercepts of correspondence sent using
telecommunications, as authorised by the aforementioned Act No 646 of
10 July 1991.
All the specific
steps taken by the operator at the request of the State under the
preceding paragraphs appearing in this clause shall be covered by a
convention with the State which shall guarantee fair remuneration to
the operator for the study, engineering, design, deployment and
operation of the required systems.
The operator shall
take the necessary steps to route, free of charge, emergency calls
from public access points, telephone account points and
interconnection points, intended for the public services responsible
for:
- the protection of
human life;
- police
interventions;
- fire-fighting;
and
- social emergency,
to the competent centre
corresponding to the location of the caller, according to the
information and lists provided by the State representatives in the
departments. It shall not receive any financial compensation from the
State in this respect. The operator shall abstain from including on
invoices the numbers called in this respect.
g) Contribution
from the operator to research and training in respect of
telecommunications.
The operator must
prove that it has contributed to research, development and training in
the area of telecommunications in a minimum annual amount of 5% of the
amount exclusive of tax of its investments in telecommunications
infrastructure, equipment and software during its activity in the
previous year covered by the authorisation. If the operator has
committed to a higher contribution in its authorisation application,
this shall replace the minimum amount of 5%.
The operator shall
meet this obligation through contributions in kind or through
financial contributions to research, development and training actions
encouraging the development of telecommunications in France, of which
part shall be given to co-operative or precompetitive research.
The operator shall
be free to allocate these amounts on which it shall report
subsequently. To this end, it shall submit to the Telecommunications
Regulatory Authority and to the Minister for Telecommunications a
summary indicating its promotional and subsidised actions and its
work, studies, research, development and training in
telecommunications, in particular its actions with research bodies.
The
Telecommunications Regulatory Authority may, at the request of the
operator submitting a multiannual plan, authorise the commitment of
the corresponding expenditure over several years in order to ensure a
more regular contribution over the whole period of the authorisation.
k) Supply of
information needed to establish and maintain the list specified in
Article L.35-4.
The operator must
give every assistance in the context of ongoing relations with the
entity created by Article L.35-4 to ensure the correct performance of
the tasks incumbent on this entity and must in particular ensure the
transmission of its list of accountholders and the quality control of
the data transmitted.
This transmission
shall occur according to the terms and frequency specified by the
entity in respect of formats, standardised communication protocols and
other technical terms, in the context defined by Article L.35-4 and
the texts adopted in application thereof.
The transmission
shall in all cases be compulsory, including when the operator wishes
to provide a universal directory or a universal information service.
The communication
shall involve the data needed to identify a particular accountholder
and to prevent confusion between different accountholders. It shall
contain at least the following data: surname and/or business name,
forename, address and telephone contact details.
The additional data
collected from the accountholder at his request in order to be entered
in the directories shall be transmitted under the same conditions:
this may involve in particular the names of other users, subject to
their agreement, or the accountholder's profession.
The operator shall
communicate to the entity, at the same time as the information needed
to maintain the list referred to in Article L.35-4, the elements
allowing the identification:
1° Of
accountholders who oppose:
- the entry of
named information relating thereto in a directory and the
communication of this to an information service (“liste rouge” or list
of ex-directory numbers);
- the entry of the
full address of their domicile or the indication of their sex in a
directory, or the communication of this information to an information
service;
2° Of
accountholders who forbid the use of named information relating
thereto in commercial operations, with the list of these
accountholders forming the “liste orange”.
When the operator
uses service marketing companies on a contractual basis, it shall
ensure, in its contractual relationships with these companies,
compliance with its undertakings with regard to the transmission by
these companies of their list of accountholders under the same
conditions.
n) Necessary
conditions to ensure equivalent treatment by international operators
in accordance with the provisions of III and IV of Article L.33-1.
The operator shall
be obliged to respond, under the conditions fixed by Article L.34-8,
to interconnection requests from authorised operators in countries
offering equivalent treatment.
Equivalent
treatment is defined as, in a country, the existence of rights of
access to the market and of interconnection equivalent to those
recognised by the French regulations. Equivalent treatment shall be
ensured ipso jure for the countries belonging to the European
Economic Area and, for other countries, shall be evaluated by the
Minister for Telecommunications on a proposal from the
Telecommunications Regulatory Authority according, in particular, to
the international agreements in force.
For the routing of
international traffic from or to a country where equivalent treatment
is not established, the operator shall take every appropriate step to
ensure the absence of discrimination between it and its competitors,
particularly in determining the traffic return rates and the
accounting rates applied by the operators in this country. It shall
inform the Telecommunications Regulatory Authority of all steps taken
to this end and of any difficulties encountered in achieving this
objective.
When:
- the operator
routes international telephone traffic from or to a country where
equivalent treatment is not established, either directly or through a
country not belonging to the European Economic Area;
- and when the
Telecommunications Regulatory Authority notes, for the telephone
traffic between France and this country, that equal conditions of
competition cannot be preserved to the benefit of the other authorised
operators,
the operator may be
obliged, at the request of the Telecommunications Regulatory
Authority, to offer to the authorised operators, pursuant to Articles
L.33-1 and L.34-1, access to the transmission and switching
infrastructures used to route the traffic concerned, under conditions
likely to re-establish equal conditions of competition. The
provisions of Articles L.34-8 and L.36-8 shall apply to the requests
made by other operators and to the agreements concluded in this
respect.
This clause shall
be applied in accordance with the international undertakings signed by
France.
p) Obligations
allowing the inspection of specifications by the Telecommunications
Regulatory Authority.
The operator must
provide the Telecommunications Regulatory Authority with the
information, including figures, on the operation of its network in the
financial, commercial and technical areas. It shall undertake in
particular to send the following information to the Telecommunications
Regulatory Authority:
- immediately, any
alteration in the capital and voting rights of the authorised operator
and, in the case of listed companies, any declaration of having
exceeded a threshold or altered the members of the board of directors;
- at least one
month before their implementation:
- amendment
of one of the elements appearing in the authorisation application;
- description
of all the services offered;
- before their
implementation:
- rates and
general conditions of the offer;
- according to a
frequency which shall be defined by a decision of the
Telecommunications Regulatory Authority:
- traffic and
turnover data;
- information
on the qualitative and quantitative use of the resources allocated by
the Telecommunications Regulatory Authority, in particular frequencies
and numbers;
- information
needed to calculate the contributions to the financing of the
universal service;
- data on the
service quality, particularly with regard to the relevant indicators
allowing this to be evaluated, and on the traffic routing conventions
signed with a French or foreign operator;
- on their
conclusion:
- all
interconnection conventions.
When the operator
uses service marketing companies on a contractual basis, it shall
ensure, in its contractual relationships with these companies,
compliance with its undertakings with regard to the information to be
sent to the Telecommunications Regulatory Authority.
At the request of
the Telecommunications Regulatory Authority, justified by the exercise
of one of its competences, the operator shall provide any other
necessary information which shall be treated in accordance with
business secrecy, and in particular:
- contracts between
the operator and the distributors, resellers or marketing company;
- all conventions
for occupying public property (excluding roads);
-
infrastructure-sharing conventions;
- contracts with
clients;
- any information
needed for the investigation by the Telecommunications Regulatory
Authority of mediation requests in order to settle disputes between
operators in accordance with the provisions of Article L.36-9;
- contracts with
operators in third countries;
- any information
needed to check compliance with the requirement of equal conditions of
competition, and in particular the conventions or contracts concluded
between the operator's subsidiaries, the companies belonging to the
same group or the branches of activity of the operator which are
different from those covered by this authorisation.
The
Telecommunications Regulatory Authority may inspect compliance with
the conditions of the authorisation. This inspection shall occur
under the conditions defined by the Posts and Telecommunications Code
and in particular Articles L.32-4 and L.36-13.
Article D98-2
(Decree No 1175 of
27 December 1996, Article 1,
Official Journal of
29 December 1996)
(Decree No 626 of 17 July
2001, Article 1,
Official Journal of
18 July
2001)
The clauses on the
use of the allocated frequencies (clause h), on the necessary
conditions to ensure fair competition (clause m) and on equal
treatment and the information of users (clause r) appearing in the
specifications associated with the authorisations granted pursuant to
Articles L.33-1 and L.34-1 shall comply with the following
requirements:
Clause h.
Clause h of the
operators' specifications shall describe the conditions of use of the
frequency bands allocated to the operator and shall determine the
method and amounts allowing the fees to be determined for providing
and managing the frequencies, due in respect of the use, management
and inspection of the allocated frequencies.
In the channels
assigned thereto, the operator shall request the agreement of the
National Frequencies Agency prior to establishing radio stations, when
this agreement is required pursuant to 5° of Article R.52-2-1.
Operators shall
send the request directly to the National Frequencies Agency and shall
inform the Telecommunications Regulatory Authority of this.
In the context
defined by the Telecommunications Regulatory Authority, the operator
may send its frequency allocation requests directly to the National
Frequencies Agency pursuant to 4° of Article R.52-2-1.
Clause m.
When guarantees
seem necessary to ensure the proper operation of competition in the
market or markets covered by the authorisation, the licences shall
specify the conditions of transparency in the accounts and in the
commercial activity, the conditions of accounting or legal separation
of the activities and services, the conditions of use of the resources
and information common to several activities or services and the
conditions of transparency and non-discrimination in the relations
with other entities in the same group which shall be imposed on the
authorised operator in order to achieve this objective.
These conditions
shall particularly be imposed when the operator benefits from public
subsidies or when it has a de jure or de facto monopoly
or dominant position. These conditions shall aim to prevent the use
of these advantages to the benefit of other activities covered by the
authorisation. The licences shall specify the revision of clause m in
order to take account of any development in the operator's situation
with regard to the situations described in this paragraph.
These conditions
shall also take account of the guarantees provided in addition by the
operator, in particular in its organisation and in that of its group,
and of those resulting from the possible application of II of Article
L.33-1.
Clause r.
The authorised
operator shall be obliged to inform the public of its rates and its
general service offer conditions. It shall communicate these, before
making them public, to the Telecommunications Regulatory Authority.
The service
provided shall be open to all those who request this, in accordance
with the operator's general offer conditions and provided that the
service quality as defined in b of the specifications is not altered.
To this end, the authorised operator shall organise its network and
its service so that it can satisfy, by reasonable deadlines, any
request situated in the coverage area. Customers must be treated in a
non-discriminatory manner.
The contracts
concluded with users shall specify the conditions of supply of the
service and its technical characteristics and the appeal and
compensation procedures available to the user in the event of any loss
being suffered. These contracts shall comply with the provisions of
the amended Act of 10 January 1978 on the protection and information
of consumers and shall not contain any clauses contrary to the Posts
and Telecommunications Code or to the provisions adopted in
application thereof.
The licences may
also contain provisions aimed at protecting the rights of users by
taking into account, in particular, the methods of marketing the
services offered.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Section 2: Independent
networks
Article D98-3
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
The applications
for authorisation to establish independent telecommunications networks
shall be sent, in one copy, to the Telecommunications Regulatory
Authority. Applications shall be written in French.
Article D98-4
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
All authorisation
applications shall contain the following elements:
1° Information on
the applicant:
a) Identity of the
applicant (name, registered office, registration in the commercial and
companies register or equivalent, memorandum and articles of
association);
b) Composition of
its body of shareholders;
c) Description of
the existing activities, particularly in the telecommunications area;
d) If applicable,
the authorisations which the applicant already holds and the penalties
to which it has already been subject, pursuant to the Posts and
Telecommunications Code;
2° Description of
the project covered by the application:
a) Nature of the
network;
b) Technical
characteristics of the network, including:
- descriptive
diagram of the network architecture;
- transmission and
switching media;
- elements allowing
the conformity of the equipment with the essential requirements to be
assessed;
- roll-out schedule
for the network;
- in the case of a
radio network, the list and characteristics of the stations;
- in the case of a
network using satellite capacities, the frequencies whose use is
envisaged, the characteristics of the space segment and aerial and the
description of the emergency and security procedures used for the
network operation;
c) Intended use of
the network: private use or shared use and, in the latter case,
composition of the closed group or groups of users and the conditions
and terms of access to the service of the closed group or groups of
users;
d) Object of the
network and description of the service provided;
e) Where
applicable, connections to other networks, particularly public
networks. The application shall specify the location and
characteristics of the connection points and the resources established
so that this connection does not allow the exchange of calls between
persons other than those for whom the use of the network is reserved.
Article D98-5
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
As soon as the
authorisation application is received, the president of the
Telecommunications Regulatory Authority shall acknowledge receipt
thereof. If applicable, within ten working days of receipt of the
application, the president of the Authority shall inform the
applicant, by recorded delivery letter with a request for
acknowledgement of receipt, that the application is incomplete or
contains documents which need to be translated. The president shall
then invite the applicant to provide the additional documents and
shall acknowledge receipt thereof. This period shall be increased to
twenty days when the application concerns a network indicated in the
second paragraph of Article D.98-7. The period of investigation shall
run from the receipt of the complete application by the
Telecommunications Regulatory Authority.
Article D98-6
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
In the context of
investigating the application, and where necessary to establish that
the authorisation application meets the conditions specified by the
Posts and Telecommunications Code, the president of the
Telecommunications Regulatory Authority may invite the applicant to
provide clarification on the elements in the application.
Article D98-7
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
From receipt of the
complete application, the Telecommunications Regulatory Authority
shall issue or refuse the authorisations within six weeks.
This period shall
be increased to four months when the application concerns:
- a fixed service
network which uses frequencies allocated to its operator;
- a shared-use
mobile service network;
- a private-use
mobile service network using exclusive frequency bands;
- a network using
satellite capacities, with the exception of those composed of
satellite relay stations for temporary video links.
Article D98-8
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
The number of
authorisations may be limited due to technical constraints inherent in
the availability of frequencies. In this case, the provisions of
Articles D.98-3 and D.98-7 shall not apply. The Telecommunications
Regulatory Authority shall issue the authorisations following a call
for applications for which it shall fix the terms, under the
conditions specified in Article L.36-7, and in particular the
investigation period which cannot exceed eight months from receipt of
the application files.
Article D98-9
(inserted by Decree
No 902 of 13 September 2000, Article 1,
Official Journal of
20 September 2000)
The authorisations
shall be issued and the refusals notified to the applicants within the
periods indicated in Articles D.98-7 and D.98-8 without prejudice to
any international agreement applying in respect of the international
co-ordination of frequencies and satellites.
Article D99
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
(Decree No 1035 of
28 November 1996, Article 1,
Official Journal of
30 November 1996)
(Decree No 1176 of
27 December 1996, Article 1,
Official Journal of
29 December 1996)
In the event of a
requirement imposed by public safety or defence, the operator of an
independent network shall comply with the instructions of the legal,
military or police authorities and with those of the authorities
responsible for regulating the telecommunications sector as defined in
paragraph 1, 3°, of Article L.32-1 of the Posts and Telecommunications
Code.
Article D99-1
(Decree No 1176 of
27 December 1996, Article 1,
Official Journal of
29 December 1996)
(Decree No 902 of
13 September 2000, Article 1,
Official Journal of
20 September 2000)
When an independent
network is connected to a public network, the Telecommunications
Regulatory Authority may at any time ask the authorised operator to
provide proof of the resources established so that this connection
does not allow the exchange of calls between persons others than those
for whom the use of the network is reserved.
Article D99-2
(inserted by Decree
No 1176 of 27 December 1996, Article 1,
Official Journal of
29 December
1996)
The operator of an
independent network shall take every step to preserve the integrity
and security of the public networks to which its network is
connected. To this end, it shall ensure that the terminals intended
to be indirectly connected to a public network have been subject to an
assessment, according to the regulations in force, of their conformity
with the essential requirements, when the interface equipment does not
provide the necessary guarantees. The Telecommunications Regulatory
Authority may order the suspension of the connection to a public
network, particularly at the request of the operator of said network,
when this connection is likely to interfere with the integrity or
security of operation of the public network.
Article D99-3
(inserted by Decree
No 1176 of 27 December 1996, Article 1,
Official Journal of
29 December
1996)
Any amendment to
the conditions of establishment and operation of an independent
network may occur only after prior agreement by the Telecommunications
Regulatory Authority. In the event of non-compliance by the operator
with these conditions or the requirements adopted pursuant to Article
D.99, the Telecommunications Regulatory Authority may apply a penalty
against the operator in accordance with Article L.36-7 by deciding on,
if applicable, the suspension of the authorisation.
Article D99-4
(inserted by Decree
No 1176 of 27 December 1996, Article 1,
Official Journal of
29 December
1996)
The independent
networks defined in 1° and 3° of Article L.33-3 may be freely
connected to public networks provided that the exchange of calls
between persons other than those for whom the use of the independent
network is reserved is not permitted.
Article D99-5
(inserted by Decree
No 1176 of 27 December 1996, Article 1,
Official Journal of
29 December
1996)
The establishment
of independent networks shall comply with the requirements in terms of
the environment, national and regional development and town planning
laid down by the competent authorities. The authorisations issued
shall not be valid as authorisations to occupy public property or
third properties, without obtaining the necessary certificates or
agreements.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Section 3
Interconnection
Paragraph 1: Principles
applying to all operators
Article D99-6
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
Interconnection
shall be covered by a private convention between the parties. This
convention shall comply with the provisions of Article L.34-8, with
the provisions of this Code and with the authorisations of the two
operators concerned.
The convention
shall be sent to the Telecommunications Regulatory Authority within
ten days of its conclusion. The Telecommunications Regulatory
Authority may, on request, send interested third parties the
information which this convention contains, subject to any information
covered by business secrecy.
Operators which
have access to information in the context of a negotiation or the
implementation of an interconnection agreement may use this only for
the purposes explicitly specified on its communication. In
particular, this information shall not be communicated to other
services, subsidiaries or partners for which this could constitute a
commercial advantage.
An interconnection
committee shall be established within the Telecommunications
Regulatory Authority. This committee shall in particular bring
together the operators authorised pursuant to Articles L.33-1 or
L.34-1 and shall be presided over by the Telecommunications Regulatory
Authority which shall decide on its terms of composition and
operation.
If the
Telecommunications Regulatory Authority registers an operator, after
granting its authorisation, in the list established pursuant to 7° of
Article L.36-7, the specifications associated with the authorisation
of this operator shall be modified in order to include the
corresponding new obligations with regard to the interconnection and
they shall fix the period within which the offer catalogue shall be
published.
Article D99-7
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
Operators shall
take all the steps, which they shall specify in their interconnection
conventions, needed to ensure compliance with the essential
requirements and in particular:
- the security of
operation of the networks;
- the maintenance
of the integrity of the networks;
- the
interoperability of services, including in order to contribute to an
end-to-end service quality;
- the protection of
data, as required to ensure conformity with the relevant provisions in
terms of data protection, including the protection of personal data,
the protection of privacy and the confidentiality of the information
handled, transmitted or stored.
They shall identify
the provisions adopted to ensure the maintenance of access to the
telecommunications networks and services in the event of failure of
the network or in cases of force majeure.
The operators shall
comply, as applicable, with the technical specifications adopted under
the conditions specified in 3° of Article L.36-6 of the Posts and
Telecommunications Code by the Telecommunications Regulatory Authority
in order to ensure compliance with the essential requirements.
When an
interconnection with a third party seriously interferes with the
correct operation of an operator's network or with compliance with the
essential requirements, the operator, after a technical check of its
network, shall inform the Telecommunications Regulatory Authority of
this. The latter may then, if this is necessary, authorise the
suspension of the interconnection. It shall inform the parties of
this and then fix the conditions for its re-establishment.
Two operators which
have concluded an interconnection convention shall be obliged to
inform each other, with prior notice of at least one year, unless
mutually agreed otherwise or if the Telecommunications Regulatory
Authority decides otherwise, of any alterations to their network which
shall force the interconnected operator to alter or adapt its own
installations.
Article D99-8
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
The interconnection
interfaces shall be defined by the operators in the context of the
interconnection agreements.
When European
specifications on interconnection interfaces exist, the operators
shall favour their introduction and use.
On the initiative
of the Telecommunications Regulatory Authority or an operator,
technical specifications relating to the interconnection may be
adopted and published by the Telecommunications Regulatory Authority.
The definition of the interconnection interfaces concerned, their
functionalities, their terms of adaptation or their development shall
be prepared within the committee defined in Article D.99-6.
In accordance with
Article D.99-7, the Telecommunications Regulatory Authority shall
adopt and publish the technical specifications with which the
interconnection interfaces must comply in order to ensure compliance
with the essential requirements and end-to-end service quality.
An interconnection
interface may be used in the context of an interconnection agreement
only if the corresponding intellectual property rights are available
and accessible under transparent, reasonable and non-discriminatory
conditions, unless an exception is granted by the Telecommunications
Regulatory Authority in view of the existence of equivalent
alternative solutions.
In the event of
disagreement on the definition of an interconnection interface, on the
terms of adaptation or on their developments, one or other of the
parties may refer the matter to the Telecommunications Regulatory
Authority under the conditions specified in Article L.36-8.
Before the actual
implementation of the interconnection, the interfaces shall be subject
to tests defined and conducted jointly by the two operators
concerned. These tests shall be conducted on site if one of the
parties requests this. Where the interconnection tests are apparently
not conducted under normal technical and time conditions, one or other
of the parties may refer the matter to the Telecommunications
Regulatory Authority.
Article D99-9
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
The interconnection
agreements shall specify at least, unless specially agreed by the
Telecommunications Regulatory Authority:
As regards the
general principles:
- the commercial
and financial relations and in particular the invoicing and debt
recovery procedures and the terms of payment;
- the essential
information transfers between the two operators and the frequency or
corresponding prior notice;
- the procedures to
be applied if one of the parties proposes to develop the
interconnection offer;
- the definitions
and limits in terms of liability and compensation between operators;
- any intellectual
property rights;
- the duration and
conditions of renegotiation of the convention.
As regards the
description of the interconnection services provided and the
corresponding remunerations:
- the conditions of
access to the basic services: switched traffic and, for operators of
public networks, leased links;
- the conditions of
access to additional services;
- the invoicing
services on behalf of third parties;
- the conditions
for sharing installations linked to the physical connection of the
networks.
As regards the
technical characteristics of the interconnection services:
- the measures
implemented in order to achieve equal access for users to the various
networks and services, the equivalence of formats and the portability
of numbers;
- the measures
aimed at ensuring compliance with the essential requirements;
- the full
description of the interconnection interface;
- the charging
information supplied at the interconnection interface;
- the quality of
services provided: availability, security, efficiency,
synchronisation;
- the methods of
traffic routing.
As regards the
methods of implementing the interconnection:
- the conditions
for commissioning the services: methods of forecasting traffic and
establishing interconnection interfaces, procedure for identifying the
ends of leased links, time required to make the interconnection
available;
- the designation
of interconnection points and the description of the physical methods
used to interconnect these;
- the methods of
reciprocal dimensioning of the interface equipment and common units in
each network in order to maintain the service quality specified by the
interconnection convention and compliance with the essential
requirements;
- the methods of
testing the operation of the interfaces and the interoperability of
services;
- the intervention
and maintenance procedures.
Article D99-10
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
The rate conditions
of the interconnection conventions shall comply with the principles of
objectivity, transparency and non-discrimination.
They shall not lead
to excessive charges being unduly imposed on operators using the
interconnection.
They must be able
to be justified at the request of the Telecommunications Regulatory
Authority.
Operators shall
provide the interconnection under non-discriminatory conditions,
including with regard to their own services, subsidiaries or partners.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 2: Principles
applying to operators appearing in the list established pursuant to 7°
of Article L.36-7
Article D99-11
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
Operators appearing
in the list established pursuant to 7° of Article L.36-7 shall be
obliged to publish, under the conditions determined by their
specifications, a catalogue describing an interconnection rates and
technical offer approved in advance by the Telecommunications
Regulatory Authority. They shall be subject to the provisions of this
paragraph.
These operators may
not invoke the existence of an offer in the catalogue in order to
refuse to undertake commercial negotiations with another operator with
a view to determining interconnection conditions which are not
specified by their catalogue, in particular the conditions of direct
access to international exchanges and to other international
infrastructures. Any interconnection condition which is not specified
by the operator's catalogue must be indicated as such in the
interconnection convention.
The offers in the
catalogue published by these operators shall contain different
conditions in order to respond, on one hand, to the interconnection
needs of operators of public networks and, on the other, to the needs
for access to the network of public telephone service providers,
taking into account the rights and obligations specific to each of
these categories of users. These conditions must be sufficiently
detailed in order to indicate the various elements likely to satisfy
requests.
The information
needed to implement the interconnection shall be provided to other
operators under the same conditions and with the same degree of
quality as the information which these operators shall provide to
their own services or to those of their subsidiaries or partners.
They shall inform the other operators of amendments to their
interconnection offers at least six months in advance, except where
the Telecommunications Regulatory Authority decides otherwise.
Article D99-12
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
These operators
shall provide the interconnection under non-discriminatory conditions.
The technical and
financial terms of the interconnection services which they offer under
equivalent conditions to other operators, in particular the technical
quality of the services, the time required to make these available and
the availability of these services, must be equivalent to those
adopted, where applicable, for their own services or those of their
subsidiaries or partners.
The conditions
which shall apply to these operators for their own access to the
elements of their network shall be defined in paragraphs l and m of
the specifications of the authorisations issued thereto.
The technical and
financial terms of the interconnection services which they offer to
their own services or to their subsidiaries or partners shall be
described, as applicable, in interconnection agreements or
conventions. They must be able to be justified at the request of the
Telecommunications Regulatory Authority.
These operators
shall keep separate accounts for their interconnection activities, the
specifications for which shall be established under the conditions
referred to in Article D.99-13. These accounts shall be used to value
the activities, services and elements of the networks used by these
operators at their external transfer price or, failing this, by
reference to the rates used by these operators with regard to users or
operators who interconnect to their network.
These separate
accounts shall in particular allow the following types of cost to be
identified:
- the general
network costs, i.e. the costs relating to the network elements used
simultaneously by the operator for the services to its own users and
for the interconnection services; these network elements shall in
particular be the exchange elements and the transmission systems
needed to supply all these services;
- the costs
specific to the interconnection services, i.e. the costs directly
incurred due to the interconnection services alone;
- the costs
specific to the services of the operator other than the
interconnection services, i.e. the costs incurred due to these
services alone;
- the common costs,
i.e. the costs which do not come under one of the previous categories.
The relevant
elements of the information system and the accounting data shall be
made available to the Telecommunications Regulatory Authority at the
latter's request.
Article D99-13
(Decree No 188 of 3 March
1997, Article 1,
Official Journal of
4 March 1997)
(Conseil d'Etat Opinion
No 187570 of 14 April 1999, France Télécom, Rec. Lebon)
The
Telecommunications Regulatory Authority shall establish and publish
the specifications and description of the cost accounting systems of
these operators which are suited to verifying compliance with the
non-discrimination principle as described in Article D.991-2 and with
the rates and relevance principles as described in Articles D.99-17
and D.99-18.
Article D99-14
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
When one of these
operators wants to use an interconnection interface which does not
appear in its interconnection catalogue or to make additions to the
specifications of an interface in the interconnection catalogue, it
shall communicate the technical specifications and corresponding
services to the Telecommunications Regulatory Authority. The
Telecommunications Regulatory Authority may make these specifications
public in order to ensure non-discrimination or when it considers that
this publication is of general interest to the community of operators.
Article D99-15
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
The rates and
technical conditions of the interconnection services of these
operators must be sufficiently detailed in order to indicate the
various elements likely to satisfy requests. In particular, the rates
for the interconnection services must be broken down sufficiently so
that it can be ensured that the requesting operator pays only for the
use of the elements strictly linked to the service requested.
Pursuant to this
principle, these operators must in particular offer, in their
interconnection catalogue, access:
- to their local
exchanges;
- to their higher
hierarchy exchanges or to an equivalent technical solution.
The interconnection
to a local exchange shall allow access to all the operator's
accountholders who are accessible through this exchange without
passing through a higher hierarchy exchange.
The interconnection
catalogue of these operators shall contain the list of local exchanges
which are not open to interconnection for justified technical reasons
and also the projected schedule according to which the local exchanges
concerned will be opened for interconnection. However, when the
routing of the anticipated traffic of other operators from or to
accountholders connected to an exchange in this list justifies this,
the controlling operator shall be obliged, at the request of the
Telecommunications Regulatory Authority, to establish a transitional
offer for this exchange. The objective criteria according to which
the Telecommunications Regulatory Authority may request the
establishment of a transitional offer shall be approved by an order of
the Minister for Telecommunications under the conditions specified in
Article L.36-6. This transitional offer shall allow the requesting
operator to have access at a rate intended to reflect the costs which
it would have incurred, in the absence of technical access
constraints, in order to route calls to or from, on one hand,
accountholders connected to this exchange and, on the other,
accountholders who would have been accessible without going through a
higher hierarchy exchange.
Article D99-16
(Decree No 188 of 3 March
1997, Article 1,
Official Journal of
4 March 1997)
(Decree No 922 of
27 October 1999, Article 1,
Official Journal of
31 October 1999)
The interconnection
catalogues of these operators must at least include the following
services and elements, for public network operators:
- switched traffic
routing services, offering technical accesses and rates options
allowing the principle of an unbundled offer as defined in Article
D.99-15 to be implemented;
- additional and
advanced services and functionalities (including access to the
resources of intelligent networks needed in the context of
interconnection or the optimum routing of traffic) and associated
contractual terms, according to a list established in advance by the
Telecommunications Regulatory Authority, after consulting the
interconnection committee;
- terms for
implementing number portability and carrier selection allowing equal
access to be ensured;
- description of
all the physical interconnection points and conditions of access to
these points when it is the third operator which shall provide the
interconnection link;
- rates and
technical conditions for the local links to the interconnection points
of the third operator and, where the latter would like to provide this
link, rates and technical conditions for the physical and logical
access to the interconnection points of these operators;
- full description
of the interconnection interfaces proposed in the interconnection
catalogue, in particular the signalling protocol used in these
interfaces, and their implementation conditions;
- leased link
termination services.
In addition to
call-by-call selection, the terms for implementing carrier selection
shall allow customers of these operators to access the switched
services of any interconnected operator using a preset and to reject,
on a call-by-call basis, any preset choice by dialling a short prefix.
Pursuant to Article
L.36-6, the Telecommunications Regulatory Authority shall specify the
services affected by the provisions of the above paragraph and the
conditions and deadlines for implementing the call-by-call carrier
selection and the preset.
The catalogues of
these operators for the public telephone service providers must
include the services and elements listed above which shall take
account of the rights and obligations specific to these providers.
The
Telecommunications Regulatory Authority may, after consulting the
interconnection committee, ask one of these operators to revise its
catalogue and in particular to add to or amend the services in its
catalogue, when these additions or amendments are justified with
regard to the implementation of the principles of non-discrimination
and adjustment of the interconnection rates to the costs and to the
needs of the community of operators.
Article D99-17
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
The rates for the
interconnection services offered by these operators, whether included
in their interconnection catalogue or offered additionally, shall
remunerate the actual use of the transport and service network and
reflect the corresponding costs. These operators must be able to show
that their interconnection rate actually reflects the costs.
With regard to the
services contained in the interconnection conventions and not
appearing in the interconnection catalogue defined in Article D.99-16,
the Telecommunications Regulatory Authority may ask these operators
for any information allowing it to evaluate whether the rates
contained in the conventions for these services reflect the costs.
The interconnection
rates must be based on the following principles:
1. The costs taken
into account must be relevant, i.e. connected by a type of direct or
indirect causality to the interconnection service provided;
2. The costs taken
into account must tend to increase long-term economic efficiency, i.e.
the costs included must take account of the network renewal
investments, based on the best technologies available in the industry
and aimed at the optimum dimensioning of the network, with a view to
maintaining service quality;
3. The rates shall
include a fair contribution, in accordance with the principle of
proportionality, to the costs which are common to both the
interconnection services and to the other services, in compliance with
the cost relevance principles indicated in Article D.99-18 and the
operator's economic balance;
4. The rates shall
include a normal return on the capital used for investment, as fixed
under the conditions of Article D.99-22;
5. The rates may be
subject to an hourly load factor in order to take account of the
congestion of the transmission and switching capacities of the
operator's general network;
6. The unit rates
applicable for an interconnection service shall be independent of the
volume or capacity of the elements of the general network used by this
service;
7. The charging
units must correspond to the requirements of the interconnected
operators.
Article D99-18
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
The costs specific
to the interconnection services shall be entirely allocated to the
interconnection services.
The costs specific
to the operator's services other than the interconnection services
shall be excluded from the basis of assessment of the costs of the
interconnection services. In particular the access costs (local loop)
and the commercial costs (advertising, marketing, sales, sales
administration excluding interconnection, invoicing and debt recovery
excluding interconnection) shall be excluded.
The general network
costs shall be shared between the interconnection services and the
other services on the basis of the actual use of the general network
by each of these services.
Among the common
costs defined in Article D.99-12, the relevant common costs with
regard to the activity of a telecommunications operator shall be
shared between the interconnection services and the services other
than interconnection. In particular, the costs of general research
and the costs of higher education in telecommunications are excluded
from the relevant common costs.
The
Telecommunications Regulatory Authority shall establish and publish on
an annual basis the nomenclature:
- of general
network costs;
- of costs specific
to the interconnection services;
- of costs specific
to the services of these operators other than interconnection;
- of common costs;
- of relevant
common costs.
The costs charged
to public network operators on one hand and to public telephone
service providers on the other shall take account of the rights and
obligations specific to each of these categories of operator.
Article D99-19
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
From the 1997
rates, provided that the Telecommunications Regulatory Authority has
not decided on another method pursuant to Article D.99-20 and subject
to the third paragraph of this article, the interconnection rates for
a given year shall be based on the relevant projected average
accounting costs for the year in question, assessed by the
Telecommunications Regulatory Authority, also taking into account:
- the efficiency of
the new investments made or planned by the operator with regard to the
best technologies available in the industry;
- the international
references in terms of interconnection costs and rates.
The average
accounting costs shall be established from information resulting from
the projected accounts, from the last audited accounts of the operator
and from the productivity gains recorded.
The
Telecommunications Regulatory Authority may define the conditions for
the multiannual decrease of the interconnection rates in order to
encourage economic efficiency with regard to the international
references in terms of interconnection costs and rates.
Article D99-20
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
After discussion
within the interconnection committee and public consultation, the
Telecommunications Regulatory Authority shall define a method aimed at
long-term efficiency in the costs taken into account which is better
than that resulting from the initial method indicated in Article
D.99-19, while respecting the principles set out in Article D.99-17.
To this end, it shall use the comparison of the results of technical
and economic models and of models based on the accounts of the
operator while maintaining the reference to available international
comparisons.
The
Telecommunications Regulatory Authority shall involve the operators in
the development of this method. These operators shall communicate
thereto, at its request, any technical, economic or accounting
information which it shall use in accordance with business secrecy.
The
Telecommunications Regulatory Authority shall publish the method on
which it decides.
Article D99-21
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
In order to take
account of the effects of the development in competition in the
interconnection services market, and after discussion within the
interconnection committee and public consultation, the
Telecommunications Regulatory Authority may establish a new method for
determining the interconnection rates based on principles and rules
which may differ from those indicated in Articles D.99-17 and
D.99-18. It shall propose the amendments to be made to this section
prior to the entry into force of this new method.
Article D99-22
(inserted by Decree
No 188 of 3 March 1997, Article 1,
Official Journal of
4 March
1997)
In order to assess
the interconnection rates, the rate of return on the capital used
shall be fixed by the Telecommunications Regulatory Authority by
taking into account the weighted average cost of the operator's
capital and that which an investor would support in the
telecommunications network activities in France.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Section 4: Access to the
local loop
Article D99-23
(inserted by Decree
No 881 of 12 September 2000, Article 1,
Official Journal of
13 September 2000 in force on 1 January 2001)
Operators
registered in the list established pursuant to 7° of Article L.36-7
shall be obliged to respond, under objective, transparent and
non-discriminatory conditions, to reasonable requests for access to
the local loop, in the hard-wired part of their network between the
main distribution frame and the termination point situated in the
accountholder's premises, when these requests are made by holders of
the authorisation specified in Article L.33-1.
Access to the local
loop shall occur, according to the request:
- either by the
aforementioned network part being made available (totally unblocked
access to the local loop);
- or by non-voice
frequencies available on this part of the network being made available
(shared access to the local loop), with the operator indicated in the
first paragraph continuing to supply the public telephone service.
Access to the local
loop shall also include the associated services and in particular the
supply of the information needed to implement the access to the local
loop, an offer for the joint location of equipment and an offer
allowing the connection of this equipment to the networks of access
requesters.
If the account for
the public telephone service of the operator indicated in the first
paragraph is cancelled, the beneficiary of the shared access shall
become the beneficiary of totally unblocked access.
Access to the local
loop shall be covered by a private convention which shall be notified
to the Telecommunications Regulatory Authority within ten days of its
conclusion.
The information
needed to implement the access to the local loop shall be provided to
access requesters and the joint location requests shall be treated by
the operators indicated in the first paragraph under objective,
transparent and non-discriminatory conditions. The access requesters
shall take the steps needed to ensure the confidentiality of the
information supplied whose disclosure could interfere with the
integrity or security of the network.
In the event of a
dispute, the Telecommunications Regulatory Authority may be referred
to and shall decide under the conditions specified in Article L.36-8.
Article D99-24
(inserted by Decree
No 881 of 12 September 2000, Article 1,
Official Journal of
13 September 2000 in force on 1 January 2001)
The rates for
access to the local loop shall reflect the corresponding costs. They
shall be established in accordance with the following principles:
1. The rates must
avoid discrimination based on geographic location;
2. The costs taken
into account must be relevant, i.e. connected by a type of direct or
indirect causality to the access to the local loop;
3. The network
elements shall be valued at their long-term average incremental costs;
4. The rates
applied to shared access to the local loop may not be less than those
for totally unblocked access, reduced by the amount of the public
telephone service standing charge;
5. The rates shall
include a fair contribution to the costs which are common to both the
access to the local loop and the other services of the operator;
6. The rates shall
include a normal return on the capital used for investment, as fixed
under the conditions specified in Article D.99-22.
The
Telecommunications Regulatory Authority shall establish and publish
the nomenclature of relevant costs. It shall define and publish the
calculation method for the long-term average incremental costs.
The operators
indicated in the first paragraph of Article D.99-23 shall be obliged
to communicate to the Telecommunications Regulatory Authority, at its
request, any information allowing it to check that the rates applied
reflect the costs.
Article D99-25
(inserted by Decree
No 881 of 12 September 2000, Article 1,
Official Journal of
13 September 2000 in force on 1 January 2001)
The operators
indicated in the first paragraph of Article D.99-23 shall be obliged
to publish a reference offer for access to the local loop, containing
a description of the services and the terms, conditions and prices
related thereto.
Article D99-26
(inserted by Decree
No 881 of 12 September 2000, Article 1,
Official Journal of
13 September 2000 in force on 1 January 2001)
The provisions of
the third paragraph of Article D.99-6 and of Article D.99-7 shall
apply to access to the local loop.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
CHAPTER III
Telegraph
SECTION I
Telegraph service
Article D100
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Private telegrams
may be:
- submitted by
telephone, telex, Minitel or any other means of telecommunication;
- issued in
telegraph offices by the sender or his representative.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 3: Writing of
telegrams
1.: General provisions
Article D104
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
A telegram shall be
accepted only if it is written legibly, in characters commonly used in
France, which have an equivalent in the table of telegraph signals,
and if it is written according to the rules established in this
chapter.
Article D105
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1986 [sic] in force on 15 May 1987)
(Decree No 888 of
30 October 1987, Article 1,
Official Journal of
31 October 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The parts of a
telegram submitted for transmission shall be presented in the
following order:
a) The preamble;
b) The TFx, TLXx or
FAXx service indication followed by other service indications, if any;
c) Address;
d) Text;
e) Optional
signature with the exception of those including a request for
acknowledgement of receipt.
The address of a
telegram shall include all the information allowing rapid delivery of
the telegram to be ensured, without having to carry out searches or
seek further information.
Subject to the
special cases examined in the following article, the full address of
the telegram shall include:
- the telephone,
telex or fax number of the addressee;
- the addressee's
name (or a company name or any other establishment name);
- the name of the
public road and the building number where the domicile is situated
when, in the destination town, road names and building numbers exist
and, if applicable, any other information such as block, staircase,
floor, etc.;
- the name of the
destination town or its distribution office, preceded by the postcode.
3.: Address
Article D107
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The address of a
telegram shall include all the information allowing rapid delivery of
the telegram to be ensured, without having to carry out searches or
seek further information.
Subject to the
special cases examined in the following article, the address of the
telegram shall include:
- the addressee's
name (or a company name or any other establishment name);
- the name of the
public road and the building number where the domicile is situated
when, in the destination town, road names and building numbers exist
and, if applicable, any other information such as block, staircase,
floor, etc.;
- the name of the
destination town or its distribution office, preceded by the postcode.
Article D108
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
As an exception to
the provisions indicated in the above article:
a) Telegrams
addressed “poste restante” shall include an address formed of the
following elements:
- addressee's name;
- “poste restante”
indication;
- postcode followed
by the name of the receiving office;
b) Telegrams
addressed “post office box X” (with X representing the post office box
number) may contain as the address:
- the addressee's
name
- the words “post
office box X” or the abbreviation “PO box”;
- the name of the
telegraph distribution office preceded by the postcode;
c) Conventional or
abbreviated addresses may be limited to the conventional name or the
ordinary name of the addressee followed by the name of the destination
town.
Article D109
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
By paying a special
subscription fee, anyone may be permitted to receive their telegrams
under a conventional name previously accepted by the administration or
under an abbreviated address reduced to the addressee's name followed
by the indication of the destination town.
Several agreed or
abbreviated addresses may be registered on behalf of the same person.
In this case, the fee shall be payable for each agreed or abbreviated
address.
Article D110
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams
containing only the address shall not be permitted.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Article D116
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
All groups of
characters contained between two spaces shall be counted as one word;
groups of more than ten characters shall be counted according to each
set of ten characters plus one.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 5: Delivery of
telegrams
Article D117
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
A telegram shall be
regarded as validly delivered when it is delivered to the indicated
address.
Article D118
(Decree No 422 of 14 May
1964, Article 1,
Official Journal of
16 May 1964 corrected by Official Journal of 11 July 1964)
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 888 of
30 October 1988
[sic], Articles
1 and 5, Official Journal of 31 October 1987 in force on
1 November 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams shall be
delivered by means of telecommunications, either directly using
electronic message switching centres or using telegraph centres
according to procedures appropriate to the telecommunications terminal
equipment of customers.
If these procedures
fail, they shall be delivered by the usual means of the postal
service.
Article D121
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams addressed
to telephone accountholders or to telex service accountholders shall
be telephoned or telexed to the addressees, whichever particular
service is requested, unless opposed by these accountholders.
Article D122
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 888 of
30 October 1987, Articles 1 and 5,
Official Journal of
31 October 1987 in force on 1 November 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
When a telegram
cannot be delivered, the sender shall be advised of this by post if
his address is known at the telegraph centre or office of origin.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 6: Collection
of rates
Article D126
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The rates for
telegrams shall be fixed by a decree for the inland service and by an
order for the international service.
Article D127
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The price per word
of telegrams in the international service shall include the terminal
parts relating to the countries of origin and destination and, if
appropriate, the transit price or prices relating to the intermediate
countries.
These prices shall
be expressed in a monetary unit defined by the International
Telecommunications Convention or in any other monetary unit agreed
with the corresponding foreign countries.
For each telegram
in the international service, a minimum price shall be paid whose
amount shall be fixed by an order.
Article D128
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The prices for
telegrams shall be invoiced to the sender. They shall be:
1. Charged to a
telecommunications account;
2. Paid using a
Telecommunications card;
3. Paid at the time
of submission; or
4. Charged to a
special account opened in the sender's name and settled periodically.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Article D129
(Decree No 422 of 14 May
1964, Article 1,
Official Journal of
16 May 1964 corrected by Official Journal of 11 July 1986)
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 888 of
30 October 1987, Articles 1 and 5,
Official Journal of
31 October 1987 in force on 1 November 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The following shall
be regarded as special telegrams:
- telegrams
relating to the safety of life;
- press telegrams;
- phototelegrams;
- urgent telegrams
in the international service;
- illustrated
telegrams;
- advance
submission telegrams;
- telegrams with
acknowledgement of receipt;
- R.C.T. telegrams
in the international service;
- messages.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 8: Definitions and characteristics of
the various special telegrams
1.: Telegrams relating to
the safety of life
Article D130
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams relating
to the safety of life, epidemiological telegrams of exceptional
urgency from the World Health Organisation and telegrams relating to
disasters and the corresponding requests for help shall have absolute
priority over all other telegrams.
These telegrams
shall be referred to as S.V.H. telegrams (safety of life telegrams).
Article D131
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The “S.V.H.”
service indication shall be included by the office of origin if this
involves a safety of life telegram issued in a telegraph office or by
the receiving radio communications station if this involves a safety
of life telegram following a distress call from a ship or aircraft.
Article D132
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
No chargeable
service indication is permitted in safety of life telegrams.
The text and
signature of safety of life telegrams issued by a telegraph office
shall be written in plain language.
Article D133
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The price of a
safety of life telegram issued in a telegraph office shall be the same
as that of an ordinary telegram of the same length to the same
destination.
2.: Press telegrams
Article D134
(Decree No 422 of 14 May
1964, Article 1,
Official Journal of
16 May 1964 corrected by Official Journal of 11 July 1964)
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams addressed
to newspapers, news agencies, authorised radio stations or
organisations, official or private information agencies, etc., whose
text is composed of news and information intended to be published or
broadcast on radio or television, shall be permitted as press
telegrams.
Press telegrams
must be written in plain language under the conditions specified by
the regulations.
Article D135
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Press telegrams
shall benefit from special rates.
3: Telegrams of the
postal financial services
Article D139
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The sender may
write a special communication to the recipient's address on the
submission form.
In the relations of
the inland telegraph service only, the recipient's name may be
replaced by a registered conventional address.
4.: Phototelegrams
Article D142
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Phototelegrams are
reproductions of images or photographs obtained by electronic
transmission.
Phototelegrams
shall be transmitted:
1° Between public
stations;
2° Between public
stations and authorised private stations;
3° Between
authorised private stations.
Article D143
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The use of a
private phototelegraph station shall be subject to prior approval by
the administration. The equipment used must be chosen only from the
type models approved by the administration.
Article D144
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The price of
phototelegrams shall be established as follows:
a) In the inland
service:
In the relations
within the mainland:
- between two
public stations or between a public station and a fixed private
station: per transmitted image;
- between two fixed
private stations: depending on the duration of transmission of the
phototelegrams with the application of a minimum invoiced duration;
In the relations
with the overseas departments, the above applicable prices shall be
tripled.
b) In the
international service:
- between public
stations or from public stations to private stations: depending on the
length of the image transmitted.
The chargeable
length of a phototelegram is the dimension arranged according to the
axis of the transmission cylinder;
- in all other
cases: depending on the duration of transmission.
c) A public station
surcharge shall be applied in all cases.
5.: Urgent telegrams in
the international service
Article D146
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
By paying a
supplement and if the service is permitted in the country of
destination, the sender of a telegram in the international service may
ask that this be treated as urgent. It shall therefore be given
priority in transmission and delivery.
The transmission
priority shall be characterised by the “urgent” service indication.
20.: Illustrated
telegrams
Article D182
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Illustrated
telegrams are permitted in the inland service and in certain countries
in the international service.
Article D183
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Illustrated
telegrams must be submitted in advance and delivered by post on the
date indicated.
Article D185
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
In addition to the
main and additional rates which shall normally apply thereto,
illustrated telegrams may be subject to a surcharge equivalent to one
Telecom unit collected free of charge on behalf of the French Red
Cross.
22.: Telegrams with
acknowledgement of receipt
Article D192
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams with
acknowledgement of receipt are telegrams for which the sender has
asked to be informed of the date and time of delivery to the
addressee.
The sender must
indicate his name and address in the signature part.
These telegrams
shall be characterised by the “P.C.” service indication. The
acknowledgement of receipt shall be sent by post.
24.: Telegrams on a
telecommunications account
Article D196
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The amount for
telegrams may be charged to a telephone or telex account whose holder
has asked to participate:
- in the
Telecommunications card service in the inland service;
- in the
international credit cards service (“T.A.” service).
28.: R.C.T. telegrams in
the international service
Article D213
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
These telegrams
concern persons protected in time of war by the Geneva Conventions of
12 August 1949. They may benefit from a special rate.
29.: Radiotelegrams
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Radiotelegrams are
telegrams exchanged by radio with mobile stations installed on board
ships via fixed ground stations.
Radiotelegrams
shall always be subject to the rules of the international service,
even when they are exchanged between France and a French mobile
station via a French ground station.
As a general rule,
the provisions on telegrams shall apply to radiotelegrams provided
that the radio communications regulations do not specify otherwise.
The total price of
radiotelegrams shall include:
- the telegraph
part relating to the transmission between the telegraph office and the
ground station;
- the ground part
relating to the ground station;
- “the on-board
rate” relating to the mobile station, except for French ships;
- and, possibly,
the costs relating to the special services requested.
Article D219-1
(Decree No 1248 of
20 October 1962, Article 2,
Official Journal of
19 December 1962)
(Decree No 422 of 14 May
1964, Article 1,
Official Journal of
16 May 1964 corrected by Official Journal of 11 July 1964)
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The following
special radiotelegrams shall be permitted:
- meteorological
messages (O.B.S.);
- urgent
radiotelegrams, but only on the general network of telecommunications
channels;
- sea letters (S.L.T.);
- radiotelegrams
concerning persons protected in time of war by the Geneva Conventions
of 12 August 1949 (R.C.T.).
Article D219-2
(Decree No 1248 of
20 October 1962, Article 2,
Official Journal of
19 December 1962)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Sea letters are
correspondence sent by radio between the ship stations of origin or
destination and the coastal transit stations and by post between the
latter and the offices of origin or destination.
They are permitted
in both directions (ship-land and land-ship) and may be sent by post
(ordinary or airmail) only within the limits of the inland service and
in the relations which shall be fixed by an order of the Ministry of
Posts and Telecommunications.
An order of the
Ministry of Posts and Telecommunications shall fix the conditions of
submission, writing, transmission and delivery of sea letters.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 9: Various
provisions relating to the performance of special services
1.: Over-the-counter
communication of the original of a telegram
Article D228
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 888 of
30 October 1987, Articles 1 and 5,
Official Journal of
31 October 1987 in force on 1 November 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
By paying the
amounts established by regulation, any person proving their capacity
as sender, addressee or agent with power of attorney from one of these
may request, during the period of storage of the archives, the
communication:
- of a copy;
- of a photocopy.
This request may be
made by any postal or telecommunication means.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 10: Official
telegrams
1.: Definition
Article D234
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Official telegrams
are telegrams in the inland service sent, for the purposes of their
work, by officials or agents of the government, military or
administration. The addressees do not need to have this capacity.
They shall be
characterised by the “Off” service indication placed at the head of
the address.
2.: Writing
Article D235
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Official telegrams
may be written in plain language or in secret language.
In principle, the
address of any official telegram shall indicate the titles and
capacity of the sending and receiving officials.
Where the addressee
is not an official, the titles and capacity of the sending official
only shall be required.
The titles and
capacity of the officials involved may be replaced by registered
conventional names under the same conditions as for private telegrams.
The signature and
seal or stamp of the sending official may be required in certain
cases.
3.: Submission
Article D237
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Official telegrams
shall be submitted by telex or Minitel.
However, exceptions
may be permitted with a special Telecommunications authorisation.
They shall be
delivered under the same conditions as an ordinary private telegram.
4.: Special terms with
regard to the conditions of submission, transmission and delivery of
official telegrams
Article D241
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 326 of 13 May
1987, Articles 1 and 3,
Official Journal of
14 May 1987 in force on 15 May 1987)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Official telegrams
shall be given transmission and delivery priority during the hours of
opening of the telegraph centres and offices.
5.: Circulars
Article D243
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Circulars are
telegrams sent to several officials residing in towns served by
different telegraph offices.
They shall be
counted according to the number of receiving telegraph offices.
6.: Application and
collection of rates
Article D244
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Official telegrams
shall be subject to the same prices as private telegrams.
As an exception to
this rule, the President of the Republic, the president of the
National Assembly and the president of the Senate shall enjoy an
unlimited exemption from telegram charges.
7.: Cancellation of
official telegrams
Article D246
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
An official
telegram shall be cancelled by sending another official telegram.
POSTS AND
TELECOMMUNICATIONS CODE (Regulatory Part – Ordinary Decrees)
Paragraph 11: State
telegrams
1.: Definition
Article D247
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
The name of State
telegram shall be given to telegrams in the international service
which originate from one of the following authorities:
a) Head of a State;
b) Head of a
government and members of a government;
c) International
Court of Justice at The Hague;
d) Head of a
territory or head of a territory contained within a group of
territories, head of a trust or mandated territory;
e) Commanders in
chief of military land, naval or air forces;
f) Diplomatic or
consular agents;
g)
Secretary-General of the United Nations, heads of the main bodies of
the United Nations.
The telegrams of
consular agents which deal with trade shall be regarded as State
telegrams only when they are addressed to an official person and when
they solely concern service matters.
The replies to the
above telegrams shall also be regarded as State telegrams when the
original telegram is produced.
Article D248
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
Telegrams shall be
classed into two categories:
a) Those for which
the sender has requested transmission priority;
b) Those for which
the sender has not requested transmission priority.
With regard to
submission and transmission, State telegrams in the first category
shall be treated as official telegrams and those in the second
category shall be treated as ordinary private telegrams.
2.: Writing
Article D250
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
State telegrams
shall bear the seal or stamp of the sending authority. This formality
shall not be required when their authenticity is certain.
Article D251
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
In order to obtain
transmission priority, the sender of a State telegram must specify the
“State priority” service indication.
Article D252
(Decree No 1064 of
29 September 1986, Article 2,
Official Journal of
30 September 1986 in force on 1 October 1986)
(Decree No 644 of 10 July
1991, Article 1,
Official Journal of
12 July 1991)
State telegrams for
which the sender does not request transmission priority must be marked
with the “State” service indication which, where
