Similar to the FCA, the French Telecoms Regulation Authority (hereafter "ARCEP") is being granted new powers by the Macron Law.
- New coverage obligations for mobile
- Mobile operators face new obligations, subject to the control of the ARCEP. By the end of 2016 and, respectively, the end of 2017, they shall ensure coverage of "gray" and "white" areas in the towns where 3G and 4G connection is missing.
- Ex officio attribution of the telecoms
operator status by the ARCEP
- As expected, the ARCEP can henceforth submit ex officio a business to the status of a telecoms operator, defined as "(...) any business operating an electronic communications network open to the public or providing to the public an electronic communications service".
- The definition of pooling agreements
- The concept of "sharing radio network open to the public", a technical term to designate a pooling agreement is thus legally defined as "the use of elements of a radio access network for the benefit of electronic communications operators holding an authorisation to use radio frequencies".
- New procedural powers for the ARCEP
- Similar to other regulation authorities such as the FCA, ARCEP's President has acquired the possibility to intervene before the French Court of cassation by filing written submissions.
- Furthermore, local authorities may now be recognised as parties in dispute settlement proceedings before the ARCEP.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.