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While the development of electronic communications services is a globally shared development, France has made a particularly structuring and ambitious choice. Rather than proceeding in stages, it decided to deploy fiber optic networks throughout the territory in a short time. It is a question, in 20 years, of fully replacing the copper network, which will be extinguished in 2030, by fiber optics. And to do so quickly because the variety of uses of electronic communications services and their preponderance in the daily lives of citizens and businesses are constantly growing. However, to succeed in this deployment, the challenges are multiple: it is necessary to guarantee competition to avoid a de facto monopoly on the network of electronic communications; at the same time, ensure that any citizen or any company can benefit from access to the fiber optic network and that this technology is not reserved for large cities. Many players are working on this: the State, of course, Arcep, the electronic communications regulatory authority, and the operators. But if the local authorities and their groups had not decided to also take up this technological challenge, the objective of the presence of fiber optic networks throughout the territory, from Paris to the smallest village in Mayenne, could not be met. . Faced with a technically and legally complex subject, 50 questions and answers on the actors, the stakes and the essential problems of electronic communications networks and very high speed.
By Anna Veran, Ana Nuytten, Laurent Bonnard, Marianne Hauton, Marion Terraux, Philippe Guellier, lawyers at the court, cabinet Seban and associates
Law n° 2018-1021 of November 23, 2018on developments in housing, development and digital technology (known as the “Elan” law).
Law n° 2017-55 of January 20, 2017on the general status of independent administrative authorities and independent public authorities.
Law n° 2016-1321 of October 7, 2016for a Digital Republic.
Law No. 2015-990 of August 6, 2015for growth, activity and equal economic opportunity, art. 118-II.
Law No. 2004-575 of June 21, 2004for trust in the digital economy.
Law No. 96-659 of July 26, 1996telecommunications regulation.
Order of December 16, 2011 relating to the application of
article R. 111-14 of the construction and housing code.
Postal and Electronic Communications Code.
General code of local and regional authorities.
Town planning code.
Rural and maritime fishing code, art.
Building Code, art. L.113-10, R.113-3, R.113-4and R. 113-5.
Arcep, progress report and action plan on work relating to the quality of the operation of fiber optic networks and final connections, November 25, 2021.
Arcep, decision no. 2020-1432 of December 8, 2020 specifying the terms and conditions for access to high-speed electronic communications lines in optical fiber.
– Fiber zone status
– Major dossier – Fiber, the regulatory framework for fiber, updated on June 10, 2022.
– Public consultation: draft closure plan for the Orange local copper loop network, February 7, 2022.
– The “very high speed France” plan, updated on June 10, 2022.
– Orange copper local loop network closure plan.
– Broadband and very high-speed fixed broadband market, the pace of deployment and adoption of optical fiber (FTTH) is stabilizing at a high level, December 9, 2021.
Report of the electronic communications mediator for the year 2021.
RCube THD network.
Avicca website, Association of towns and communities for electronic communications and audiovisual, and its very high speed observatory.
Electronic communications: the legal framework for the deployment of very high-speed networks, Marion Terraux and Marianne Hauton, “La Gazette des communes”, 13 November 2019.
Lexicon / Glossary
Call for demonstration of local commitment.
Call for expressions of investment intention.
Regulatory Authority for Electronic Communications, Posts and Press Distribution.
“Fiber to the home”, optical fiber deployed to the end customer.
“Indefeasible rights of use”, or irrevocable right of use.
TO TEAR APART
Public initiative network.
Less dense area.
Very dense area.