Question 25593 — telecommunications

Summary

Mr. Fabien Gouttefarde questions the Secretary of State to the Minister of the Economy and Finance and the Minister of Action and Public Accounts, responsible for digital, on potential risks in the deployment of fiber with 100% mobile coverage by 2022 in the event of the loss of ARCEP's sanctioning power. In December 2018, ARCEP gave Orange company formal notice “to comply with its obligations regarding the quality of service of its wholesale offers activated on the wholesale market for businesses and its wholesale offers for general access to the local copper loop. By way of a request before the Council of State (CE) for the purposes of a priority question of constitutionality (QPC), the company Orange contested this formal notice in August 2019. Orange argues, in fact, that the power of sanction of the ARCEP, implemented by a formal notice, would be contrary to the Constitution in that it would not comply with the principle of impartiality of the Independent Administrative Authorities (AAI). However, without prejudice to the decision of the Council of State, as well as that of the Constitutional Council if applicable, the loss of this power could have the effect of reducing ARCEP's ability to force telecom operators to respect the commitments made in the New deal mobile agreement, agreement aiming to deploy fiber with 100% mobile coverage by 2022. However, the possibility of the loss of ARCEP's sanctioning power seems reasonably conceivable due to previous case law. Seized, in 2013, of a QPC by the CE during a dispute between the company Numéricable and ARCEP, the Constitutional Council ruled unconstitutional article L. 36-11 of the post and office code. electronic communications, on the grounds that the absence of separation of powers within ARCEP disregards the principle of impartiality. As a result, ARCEP was deprived of its sanctioning power, and it took a decree of August 3, 2014 for ARCEP to be reinvested with its power. Also, he questions him on the measures envisaged to mitigate the risks weighing on the deployment of fiber with 100% mobile coverage by 2022 in the event of loss of ARCEP’s sanctioning power.

Machine translation from French. The official text remains authoritative.

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