Paris, 28 July 2011
The Electronic communications and postal regulatory authority (ARCEP) is making public two decisions issued on disputes that it was called upon to settle on 25 March and 1 April 2011, respectively. The disputes were between France Telecom and Free Infrastructure which each requested that ARCEP demand certain changes be made to the other party’s FTTH access and network sharing solutions in very high-density areas.
For both carriers, these decisions specify the terms governing the application of the existing regulatory framework, particularly for branching units
(riser box or cable) on the floors and the pricing terms and conditions of network-sharing offers.
On the deployment of branching units
Deploying a branching unit involves installing an optical network unit (ONU) inside the customer premises and connecting it to a riser (box or cable) which is generally installed on the same floor. In most instances, this operation takes place when a customer subscribes to an ultra-fast broadband service after the indoor cabling has been performed in the building.
The requests made by Free Infrastructure and France Telecom concerned the terms governing the performance of this connection to the riser. ARCEP considers that, given the configuration of each scenario, the building operator – i.e. who installed the internal cabling in the building – must, depending on the choices made by the third-party operator to which a customer has subscribed to receive an ultra-fast broadband service:
- either ensure the third-party operator’s customer’s connection to the branching unit (riser), as requested by Free Infrastructure (Decision No. 2011-0846),
- or allow the third-party operator to install its customer’s connection to the branching unit (riser), as requested by France Telecom (Decision No. 2011-0893).
On network-sharing prices
In its Decision No. 2011-0846, ARCEP partially grants the request submitted by Free Infrastructure concerning the prices charged by France Telecom for access to FTTH lines in very high-density areas in France, by ordering a limited adjustment to the prices in the France Telecom offer, and in accordance with the principles of objectivity, relevance, non-discrimination and efficiency.
Décision n° 2011-0846 (pdf - 835 Ko) de l'ARCEP en date du 21 juillet 2011 se prononçant sur une demande de règlement de différend opposant les sociétés Free Infrastructure et France Télécom
Décision n° 2011-0893 (pdf - 536 Ko) de l'ARCEP en date du 26 juillet 2011 se prononçant sur une demande de règlement de différend opposant les sociétés France Télécom et Free Infrastructure