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REGISTRATION DOCUMENT AND FINANCIAL REPORT - Iliad

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6. OVERVIEW OF THE GROUP’S BUSINESS<br />

6.6 REGULATORY SITUATION<br />

principles for the allocation of telephone numbers, define the role of the national regulatory authorities, and<br />

introduce a common process for settling disputes. Operators that the national regulatory authorities have<br />

designated as having “significant market power in a relevant market” must offer interconnection to other<br />

operators.<br />

Interconnection agreements are subject to private law and may be disclosed to ARCEP on the latter’s request.<br />

ARCEP has the power to rule on disputes between operators but its decisions may be appealed to the Paris Cour<br />

d’Appel (Court of Appeal). Any such appeal lodged against an ARCEP decision does not suspend the ruling<br />

made by ARCEP.<br />

Free has entered into interconnection agreements with France Télécom and the three mobile operators in France<br />

(SFR, Orange and Bouygues Télécom) in line with the reference interconnect offers published by these operators.<br />

Free has also signed interconnection agreements with the alternative operators Neuf Cégétel and Télécom Italia<br />

France relating to terminating traffic entering the Neuf Cégétel and Télécom Italia France networks. At the same<br />

time, these alternative operators have entered into interconnection agreements concerning terminating traffic<br />

entering the Free network for both non-geographic numbers (087B and 095B) and geographic numbers. In these<br />

agreements, the call termination services provided by Free and the abovementioned operators are priced at a rate<br />

that complies with Decision 06-0551 issued by ARCEP on May 30, 2006 in relation to a dispute between France<br />

Télécom and Neuf Cégétel.<br />

The main fixed-line local loop operators have also signed an interconnection agreement with Free, concerning<br />

terminating traffic entering the Free network for both geographic and non-geographic numbers (087B and 095B)<br />

as well as collected traffic for Value-Added Services (08AB, 3BPQ and 118XYZ numbers) provided by France<br />

Télécom or third party operators for which France Télécom performs a transit service. Under the terms of the<br />

agreement Free also bills Value-Added Services paid by callers using France Télécom or third party operators for<br />

which France Télécom performs a transit service. Free receives a fee for this billing service, based on the pricing<br />

scale for the services billed.<br />

Dial-up Internet access<br />

The regulations relating to dial-up access to the Internet are based on interconnection regulations.<br />

France Télécom’s reference interconnect offer sets out the technical and pricing conditions of interconnection<br />

services relating to calls made by subscribers connected to the France Télécom network (or to the networks of<br />

third party operators).<br />

This reference offer also stipulates the terms and conditions for billing services carried out on behalf of third<br />

parties by France Télécom. Under this service, Free receives the revenue generated from the end-customers for<br />

which France Télécom provides access to telephone services in relation to calls made by the end-customers to<br />

0860 numbers, paid for by the caller at a rate specified in the “Local Internet Price” section of France Télécom’s<br />

price catalog.<br />

Broadband Internet access and local loop unbundling<br />

The provision of broadband Internet access is based either on (i) physical access to France Télécom’s copper<br />

local loop allowing the new entrant to operate its own access equipment with the aim of offering its own services,<br />

as distinct from France Télécom’s services, or (ii) access to France Télécom’s DSLAMs, combined with the<br />

collection of subscribers’ data traffic and delivery of this traffic to one or more of the service provider’s points of<br />

presence. In the first case, the service provided by France Télécom is known as “local loop unbundling” while in<br />

the second case, the service offers “bit stream access”, more commonly called “Option 5” or “Option 3” in<br />

France.<br />

The Group uses both these options to provide its customers with broadband Internet access (see Section 6.1.4.1<br />

above).<br />

50 - <strong>Iliad</strong> – Registration Document 2007

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