Communiqué de presse - Arcep

Power to impose Penalties

ARCEP initiates 19 proceedings against operators, thereby implementing its recently restored sanctioning powers

Following the decision of 5 July 2013, wherein the Constitutional Council considered the legal provisions concerning ARCEP's power to impose sanctions in the electronic communications sector to be unconstitutional, ARCEP's sanctioning power was restored by the Order of 12 March 2014, which was completed by a decree published on 3 August of this year.

In accordance with these texts, ARCEP's Executive Board has been organised into three distinct bodies, each with distinct duties and powers. One body (referred to in French as "RDPI") is responsible for settling disputes, legal proceedings and investigations: initiating the procedure, issuing formal notices, notifying the statement of objections. A second, so-called restricted body, deliberates on decisions to impose or not impose penalties.

ARCEP's ability to impose penalties is a fundamental part of its ability to perform its duties, guaranteeing that operators comply as much with existing laws and regulations as with the decisions that ARCEP issues in the exercise of its regulatory powers.

It is within this context that, in meetings held on 9, 11 and 23 September, the ARCEP body responsible for settling disputes, legal proceedings and investigations ("RDPI") decided to initiate 19 procedures against several operators, for facts that could constitute failures to meet their professional obligations. These procedures concern eleven fixed and mobile market operators.

An investigation phase will now begin whose purpose is to assess the operators' behaviour, and which can result:

- either in a decision not to proceed if the Authority's queries receive a satisfactory response;

- or, in the opposite case, the "RDPI" body can decide to issue a formal notice to the operators in question to comply with their obligations within a set timeframe.

Should the operator fail to comply with this formal notice, the "RDPI" body can then initiate proceedings by forwarding the case to the restricted body, which has the power to impose penalties, should they be warranted.