French General Code of Local Authorities
In forceI. - For the establishment and operation of a network, local authorities and their groupings, where competence has previously been transferred to them, may, two months after publication of their project in a medium authorised to receive legal notices and its transmission to the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse, establish and operate on their territory electronic communications infrastructures and networks, within the meaning of 3° and 15° of Article L. 32 of the French Post and Electronic Communications Code. Where appropriate, they may acquire rights of use for this purpose or purchase existing infrastructures or networks. They may make such infrastructures or networks available to independent operators or network users.
A territorial authority or group of territorial authorities may delegate to a mixed syndicate including at least one region or one department all or part of the competence relating to one or more electronic communications networks, as defined in the first paragraph of this I, under the conditions laid down in Article L. 1111-8 of this code.
By way of derogation from the first paragraph of Article L. 5721-2, a mixed syndicate covered by Title II of Book VII of Part Five may join, until 31 December 2021, another mixed syndicate exercising, by transfer or delegation, all or some of the competences mentioned in the first paragraph of this I.
A mixed syndicate exercising its powers by delegation may only join another mixed syndicate if the latter includes at least one region or one department.
Territorial authorities and their groupings shall respect the principle of coherence of public-initiative networks. They shall ensure that several public-initiative electronic communications networks or network projects intended to meet similar needs with regard to the services provided and the territories concerned do not coexist in the same territory.
Their interventions shall guarantee the shared use of infrastructures established or acquired pursuant to this I and shall respect the principles of equality and free competition on the electronic communications markets. They shall be carried out under objective, transparent, non-discriminatory and proportionate conditions.
Under the same conditions, local authorities and their groupings may only provide electronic communications services to end-users after having established that there are insufficient private initiatives to meet the needs of end-users and having informed the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse.
The insufficiency of private initiatives shall be established by a public call for expressions of intent declared unsuccessful having aimed to satisfy the relevant needs of end-users for electronic communications services.
II. - When exercising an activity as an electronic communications operator, local authorities and their groupings are subject to all the rights and obligations governing this activity.
The same legal entity may not at the same time exercise an activity as an electronic communications operator and be responsible for granting rights of way intended to enable the establishment of electronic communications networks open to the public.
Expenditure and revenue relating to the establishment of electronic communications networks open to the public and the exercise of an electronic communications operator activity by local authorities and their groupings shall be recorded in separate accounts.
III. - The Autorité de régulation des communications électroniques, des postes et de la distribution de la presse shall be seized, under the conditions defined in Article L. 36-8 of the Code des postes et communications électroniques, of any dispute relating to the technical and pricing conditions for carrying on an activity as an electronic communications operator or for establishing, making available or sharing the electronic communications networks and infrastructures referred to in I.
The local authorities, their groupings and the electronic communications operators concerned shall provide it, at its request, with the technical and pricing conditions that are the subject of the dispute, as well as the accounts showing the expenditure and revenue relating to the activities carried out pursuant to this article.
IV. - When economic conditions do not allow the establishment of electronic communications networks open to the public or an activity as an electronic communications operator to be profitable, local authorities and their groupings may make their electronic communications infrastructures or networks available to operators at a price below cost, in accordance with transparent and non-discriminatory procedures, or compensate for public service obligations by means of subsidies granted under a concession contract or a public procurement contract.
V. - The provisions of I relating to advertising obligations and the need to establish an insufficiency of private initiatives, as well as the second paragraph of II, are not applicable to networks established and operated by local authorities or their groupings for the distribution of radio and television services if these networks were established before the date of promulgation of the loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique.
VI. - Local authorities and their groupings shall allow electronic communications operators access to the electronic communications infrastructures and networks referred to in the first paragraph of I, under objective, transparent, non-discriminatory and proportionate pricing conditions that guarantee compliance with the principle of free competition on the electronic communications markets and the open nature of these infrastructures and networks. In compliance with these principles, these pricing conditions shall take account of the provision of public aid in such a way as to reproduce the economic conditions of access to comparable electronic communications infrastructures and networks established in other areas of the territory in the absence of such aid.
After public consultation, the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse adopts guidelines on the pricing conditions for access to very high-speed fibre optic networks open to the public that make it possible to serve an end user. They are updated as necessary.
Subject to the first paragraph of this VI, and taking into account the guidelines mentioned in the second paragraph of this VI, local authorities and their groupings may offer preferential tariff conditions on a temporary basis, with a view to facilitating the commercial opening of their networks.
The local authorities and their groupings referred to in the first paragraph of I shall notify the authority, at least two months before they come into force, of the pricing conditions for access to their very high-speed fibre optic networks open to the public enabling an end user to be served. The pricing conditions in force on the day of promulgation of loi n° 2015-990 du 6 août 2015 pour la croissance, l'activité et l'égalité des chances économiques shall be communicated to the authority, at its request. Where it considers that the pricing conditions raise difficulties with regard to this VI, the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse shall issue an opinion, which may be made public, inviting the local authority or grouping concerned to amend them. It shall forward this opinion without delay to the Minister responsible for electronic communications.
Territorial authorities, their groupings and electronic communications operators shall forward to the authority, at its request, the information and documents necessary for the implementation of this article.
VII. - Where a very high speed fibre optic electronic communications line serving an end user is established or operated in application of this article, where it has received public subsidies under the conditions set out in IV, and where no operator markets activated access to this line, the operator operating this line shall grant reasonable requests for activated access to the said line and the means associated therewith from operators, with a view to providing electronic communications services to this end user.
Access shall be the subject of an agreement between the persons concerned. This agreement sets out the technical and financial conditions for access. It shall be communicated to the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse at its request.
Disputes relating to the conclusion or performance of the agreement provided for in this VII shall be submitted to the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse in accordance with Article L. 36-8 of the French Post and Electronic Communications Code.
