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registration document France Telecom 2009 - Orange.com

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overview of the group’s business<br />

6<br />

OVERVIEW OF BUSINESS<br />

<strong>France</strong><br />

Regulation of fixed-line telephony and broadband<br />

Internet<br />

Since July 2008, all of <strong>France</strong> <strong>Tele<strong>com</strong></strong>’s regulatory obligations<br />

relating to the general public and business fi xed-line telephony<br />

retail markets (access and <strong>com</strong>munication) have been lifted.<br />

The only fi xed-line telephony retail offers that still require prior<br />

clearance by the Arcep are those falling under the Universal<br />

Service.<br />

There is no ex ante regulation over <strong>France</strong> <strong>Tele<strong>com</strong></strong> retail<br />

broadband offers in the residential and business markets.<br />

Nevertheless, as with all the Group’s other businesses,<br />

broadband retail offers must <strong>com</strong>ply with <strong>com</strong>mon <strong>com</strong>petition<br />

law.<br />

Accordingly, the regulation of fi xed-line services in <strong>France</strong> involves<br />

retail offers falling within the scope of the universal service and<br />

wholesale offers so as to ensure effective <strong>com</strong>petition in the<br />

retail markets (call origination, call termination, wholesale line<br />

rental, unbundling, bitstream).<br />

Key Events<br />

February 3 Universal Service: lodging of applications<br />

on February 3 and awarding to <strong>France</strong><br />

<strong>Tele<strong>com</strong></strong> of the public payphone <strong>com</strong>ponent<br />

(November 18) and of the telephony<br />

<strong>com</strong>ponent (December 1).<br />

May 28 Wholesale offers: announcement by<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> of rate cuts (call origination,<br />

unbundling, wholesale line rental), applicable<br />

since January 1, <strong>2009</strong>.<br />

July 1<br />

Rate cuts on the bitstream offers<br />

October 1 Fixed-line call termination: cut in call<br />

termination rates of all operators with a<br />

reduction in asymmetry between <strong>France</strong><br />

<strong>Tele<strong>com</strong></strong> and the alternative operators.<br />

November 20 Fixed-line portability: implementation of<br />

the symmetric regulation decision designed<br />

in particular to enable customers to more<br />

easily move from an alternative operator<br />

while retaining their fi xed-line telephone<br />

number.<br />

January 8, 2010 French overseas departments: the<br />

Arcep published its report on the electronic<br />

<strong>com</strong>munications sector in the overseas<br />

departments.<br />

6<br />

Universal Service<br />

The Universal Service rate is the default <strong>France</strong> <strong>Tele<strong>com</strong></strong> fi xed-line telephony rate. At end 2008, around 8 million customers paid this rate.<br />

Components 2005-<strong>2009</strong> <strong>2009</strong>-2012<br />

Fixed-line telephony: line rental and calls <strong>France</strong> <strong>Tele<strong>com</strong></strong> awarded <strong>France</strong> <strong>Tele<strong>com</strong></strong> and SFR applied<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> awarded (<strong>2009</strong>-2012)<br />

Public payphones <strong>France</strong> <strong>Tele<strong>com</strong></strong> awarded <strong>France</strong> <strong>Tele<strong>com</strong></strong> sole applicant<br />

and awarded (<strong>2009</strong>-2011)<br />

Telephone directories and information services <strong>France</strong> <strong>Tele<strong>com</strong></strong> awarded PagesJaunes awarded<br />

(<strong>2009</strong>-2011)<br />

Each of the three Universal Service <strong>com</strong>ponents is awarded on<br />

the basis of calls for tenders. In the previous allocation period<br />

(March 2005- March <strong>2009</strong>), <strong>France</strong> <strong>Tele<strong>com</strong></strong> was awarded all<br />

three universal service <strong>com</strong>ponents.<br />

For the new allocation period (<strong>2009</strong>-2012), <strong>France</strong> <strong>Tele<strong>com</strong></strong> only<br />

applied for two <strong>com</strong>ponents (telephony and pubic payphones,<br />

the directory business having been sold of), and was selected<br />

as Universal Service operator for public payphones on<br />

November 18 and telephony on December 1, <strong>2009</strong>.<br />

Principles governing the price capping of Universal Service<br />

fixed- line <strong>com</strong>munications:<br />

■ For the 2005-<strong>2009</strong> p eriod<br />

Universal Service rates were subject to price caps for the<br />

duration of the allocation for two rate service batches, one<br />

representing subscribers located in metropolitan <strong>France</strong> and the<br />

other subscribers in French overseas departments. The average<br />

annual price of each batch was set so as to refl ect changes in<br />

the consumer price index (excluding tobacco products), less<br />

reductions in mobile and fi xed-line call termination rates, and<br />

less 3% productivity gains representing the minimum level that<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> is expected to pass on to its customers.<br />

As regards telephone line rental, which was not included in this<br />

batch, a multi-annual increase of 1 euro (including VAT) per<br />

annum for three years had been agreed when awarding the<br />

Universal Service in 2005.<br />

■ For the <strong>2009</strong>-2012 p eriod<br />

A new price cap is expected to be set in 2010 for Universal Service<br />

<strong>com</strong>munication services. <strong>France</strong> <strong>Tele<strong>com</strong></strong> is in favor of retaining the<br />

same mechanism as used previously, as it allows all its customers<br />

to benefi t from price cuts regardless of their usage level.<br />

<strong>2009</strong> REGISTRATION DOCUMENT / FRANCE TELECOM<br />

43

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