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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 />

Therefore, the pricing of the DSL access and collection offering is no longer subject to ministerial approval, but<br />

to the terms of a reference offer which can be amended by ARCEP.<br />

Free can also refer to ARCEP any dispute or disagreement arising in connection with the technical or pricing<br />

principles underpinning the DSL access and collection offering.<br />

On June 7, 2007 ARCEP issued Decision 2007-0502 on the dispute between Free and France Télécom regarding<br />

the pricing applicable to the DSL collection offering. ARCEP found in favor of Free and ordered its decision to<br />

be applied retroactively.<br />

At the end of 2007, ARCEP conducted a new analysis of the relevant dial-up Internet access market. A decision<br />

on France Télécom’s obligations in this respect is expected in late spring 2008, and will concern the period from<br />

mid-2008 to mid-2010. ARCEP has no plans to modify the obligations previously imposed on France Télécom,<br />

particularly the obligation to apply cost-oriented prices, unless these prices are considered to be predatory in light<br />

of the unbundling services.<br />

Numbering and carrier pre-selection<br />

Since January 17, 2000, subscribers have been able to opt for the automatic pre-selection of their long distance<br />

operators, allowing them to access their networks without having to dial the operator’s one or four figure prefix.<br />

The carrier pre-selection facility has also been available for calls to mobiles since November 2000 and for local<br />

calls since the beginning of 2002, at the option of the carrier.<br />

Pursuant to the decision imposing on France Télécom access obligations in respect of telephone services in the<br />

wholesale market, since April 1, 2006 France Télécom has marketed an offer for “wholesale access to telephone<br />

services” providing the possibility of selling access to telephone services and communications routing services<br />

on the retail market without the end customer having to enter into a contract with France Télécom.<br />

The technical conditions for carrier pre-selection are set out in France Télécom’s reference interconnect offer and<br />

are included in the interconnection agreements entered into between France Télécom and third party operators.<br />

Fixed number portability<br />

Number portability is an obligation for all operators connecting end-customers.<br />

Since January 1, 1998, subscribers have been able to keep their number when they change operator for fixed<br />

telephone services, provided they do not change their geographical location. Number portability has been<br />

available for shared-cost services since the second half of 2001 and for shared-revenue services since<br />

December 17, 2002. The technical conditions for number portability outside the France Télécom network are set<br />

out in France Télécom’s reference interconnect offer and are included in the interconnection agreements entered<br />

into between France Télécom and third party operators.<br />

Decree 2006-82 of January 27, 2006 extends this number portability obligation to fixed-line alternative operators.<br />

ARCEP’s decision implementing the above decree is currently pending. It will be issued once ARCEP has<br />

concluded its multilateral projects involving the operators concerned and defined the processes to be<br />

implemented to ensure number portability outside the networks of alternative operators. ARCEP’s decision will<br />

also require approval by the Minister responsible for electronic communications.<br />

Directories and provision of subscriber lists<br />

The Group’s services most affected by the provisions described below are the Minitel version (3617 ANNU) and<br />

telephone version of the reverse look-up directory service, ANNU.<br />

All operators that connect end-customers are required to supply their subscriber lists for the purpose of<br />

publishing directories and/or providing information services.<br />

ARCEP Decision 06-0639 of November 30, 2006 approved by the Minister responsible for electronic<br />

communications, sets out further details on the conditions for supplying subscriber and user lists for the purpose<br />

of publishing universal directories or providing universal information services.<br />

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

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