Today Arcep is submitting its draft decision to the European Commission that seeks render legally binding the commitment from Orange to comply with a three-year price cap in 2026, 2027 and 2028, equal to €10.70 per pair for unbundled access to the copper local loop, which is subject to an obligation of non-excessive pricing. This tariff is identical to the one charged in 2025.
As a reminder, in its Decision No. 2023-2802, Arcep distinguished three types of access to the Orange copper local loop: access subject to an obligation of cost-based pricing, access subject to an obligation of non-excessive pricing[1] and access for which the price supervision obligation has been lifted. Regarding access subject to an obligation of non-excessive pricing, Arcep submitted the proposed commitment from Orange to a public consultation that ran from 4 February to 7 March 2025[2].
The notification of the Arcep draft decision to the European Commission marks the final step before the Authority adopts its decision. Depending on the European Commission’s comments, Arcep could adopt the final decision in May, thereby making the proposed commitment from Orange for 2026 to 2028 legally binding.
Associated documents
- Draft decision notified to the European Commission
- Contributions to the public consultation on proposed commitments from Orange
[1] Access lines subject to an obligation of non-excessive pricing, defined by Article 45 of Decision No. 2023-2802 are those for which, “as an exception to Article 44, Orange is subject to an obligation to charge non-excessive prices for access lines located in municipalities where at least 95% of the premises have been connectable to FttH infrastructure for at least nine months, according to Arcep’s broadband and superfast broadband subscription and deployment scorecard”.