ART publishes its opinion on the electronic communications draft law

12 June 2003

On 31 March 2003, the Minister of Culture and Communication and the Minister Delegate to Industry called on Autorité de Régulation des Télécommunications (ART) for its opinion on the draft law on electronic communications, in accordance with article L. 36-5 of the Post and Telecommunications Code.

The purpose of the bill is to transpose into French law the directives regarding electronic communications, adopted in 2002, and which profoundly modify the legal framework applicable to the telecommunications sector and its regulation.

In its opinion, just made public, ART expresses an overall favourable point of view on this text.

However, it also made a number of proposals which might improve a number of important points. In particular, it stressed the need to apply to all electronic communications networks the principle of technological neutrality inscribed in the directives.

Finally, while aware of the constraints in organising the Parliamentary calendar, ART emphasized in its opinion the importance of quickly adopting this law and its application decrees, not only for transposition deadlines, but also to guarantee the full visibility and legal security awaited by market players.

N.B. The numbering of the draft law's articles appearing in ART's opinion is that of the version published by the French Government on 1st April 2003. Therefore, it does not take into account the additional elements published on 13 May 2003, which bear primarily on the modifications made to the law dated 30 September 1986.