ART is not empowered to settle disputes concerning the content of telematic services

Paris, 20 July 1998

On 30 March 1998 the telematic service provider, Copper Communication, called upon the French Telecommunications Regulatory Authority (ART) to settle a dispute between itself and France Télécom over the non-implementation by the incumbent of two audiotex contracts.

France Télécom had summoned Copper Communication to stop providing its "clairvoyance service with confidential mailbox " and its "voice mailbox service" as it had discovered that these services distributed "adult literature" and proposed partner-finding services, both of which are prohibited under the terms of the audiotex contracts.

ART issued its decision on 24 June 1998.

The decision states that the audiotex contracts between Copper Communications and France Télécom do concern access to a telecommunications network.

However, the decision clarifies that the matter brought before ART is over non-conformance with ethical recommendations issued by the French telematics council, and with certain non-commercial clauses in France Télécom's audiotex contracts. It does not relate to the technical and financial conditions laid down by article L.36-8 of the posts and telecommunications co