Similar to the FCA, the French Telecoms Regulation Authority
(hereafter "ARCEP") is being granted new powers by the
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
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
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.
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