The regulation of telephone information services market was imposed on ART by a decision of the Council of State dated June 25, 2004 (1). Following a recommendation of the European Communication Committee (2) of 4 December 1997 (3), ART then adopted a numbering starting with 118. Following a public consultation launched on July 27, 2004, ART decided to hold a six-digit format, however excluding the slice of the 1181YZ. The regulator subsequently adopted several decisions (4) to define the modalities of implementation of the new numbering. In a decision more recent (5), Arcep clarified the terms of the automatic information message to contact from April 3, 2006, consumers calling the past issues of information (6). Guarantee of the effective use of scarce resources that constitute the 118XYZ numbers, the regulator performs a careful control of compliance with the conditions of number assignment operators. In accordance with the procedure prescribed by article l. 36 - 11 of the CPCE (7), Arcep has thus required on January 26, 2006 (8), the return of the 118866 number (9) by the intelligence telephone French company, for non-payment of the annual fee due to the title of the year 2005. Using the prerogatives conferred on it by article l. 32-1 II of CPCE, the regulator has also implemented a monitoring of the quality of information provided by the operators of 118XYZ.
A limited intervention
Sought in various capacities to intervene upstream and impose rules for new entrants to enter in a fully competitive market, Arcep expressed of dithering to regulate the sector of services of telephone information beyond the terms of the injunction of the decision of the Council of State on June 25, 2004. Offering its services to organize and moderate multilateral discussions that it hopes in consensual fine, without so far refused any bilateral meeting to achieve this result, the regulatory authority seems to favour an approach toward self-regulation of the sector, and consider regulatory more direct intervention and referral of disputes between operators. The hazards and delays of litigation before the Arcep (often followed calls), number of operators are nonetheless reluctant to engage in such proceedings.
Disparity in rates of repayment
Seized by Arcep on the basis of article l. 36 - 10 in the CPCE, the competition Council delivered in an advisory capacity to a very valuable global analysis of the mode of competitive functioning of telephone information services sector. As such, he particularly emphasized (10) the essential nature of the determination of the conditions of telephone information providers access to the "upstream services" proposed by third party operators (services of access to end users and client databases). He also noted the disparity in rates (often high) payout percentages required by holders of local loop networks, and mobile operators in particular. In the extension of the analysis of the Council, it is undeniable that based regulation on the application of the regulations existing pricing and conditions for access to local loop operators networks, and the conditions of third-party billing remains imperative. The absence of intervention in favour of self-regulation of the sector that has shown its limitations has already had to deter many key benefits of collection and transport providers to develop offers technical and economic alternatives meet the needs of the operators of telephone information services. Access to directories of the operators database is all also determinative of the competitive operation of the telephone information sector.
However, despite the legislative and regulatory provisions in force (11), the effective implementation of the universal directory and access to lists of subscribers of the allottees numbers operators took a considerable delay making it almost impossible to the provision of a universal telephone information service. A year and a half after the publication of the guidelines of the Arcep on the terms of assignment of the lists of subscribers (12), and a few days of the anniversary date of the Decree No. 2005-606, access to the data of the operators under adequate technical conditions (constitution and transmission format) and on tariff terms respecting the principle of the orientation of tariffs towards costs (13)is still a challenge. It similarly to the integration of mobile numbers in the universal directory, in the very low proportion of subscribers on the lists of operators of mobile telephony (1.4) (14).
To a role in integrating database
At the conclusion of "lack of significant global change", Arcep conveniently questioned the quality of the devices implemented by these companies and their adequacy to the obligations which
their own. Moreover, services of telephone information operators have been forced to negotiate contracts of assignment of lists of subscribers with all of the recipients of numbers operators. Indeed, unlike the situation in some countries such as the Spain, no actor or third-party authority is able to provide access to a universal, accessible directory on simple application by all operators of 118. Some players are being declared operators l. 33 - Arcep 1 offer to play a role in integrating databases in France. The development of their activity faces however for the moment the refusal of many operators owners of lists of subscribers. They require, to questions of responsibility to their subscribers, maintain a direct contractual relationship with the operators of 118. It is thus that any basic project consolidated directory (which seems to attract the attention of the regulator), equivalent to the current enriched White Pages If any additional data, remain very difficult to achieve without specific intervention of Arcep. Fully aware of all the regulatory issues mentioned above, the regulator does appear to wish to take position in the eventual settlement of disputes which would be submitted to the arbitration.Growing role of the competition Council
In the extension of its opinion of July 25, 2005, supra, the Council of competition, its great experience in the markets for electronic communications in General and sector of directories (15) in particular, seems particularly inclined to hold the "control spheres" left vacant by Arcep. The Council including part of its concern about the risks of pre-emption of the market for telephone information by companies belonging to groups integrated both in quality of operators of networks (as with lists of subscribers) and publishers of telephone information services. Under the appetite of the competition Council to intervene in the area of telephone information services until this emerging market is consolidated, some operators have not hesitated to enter the client elders of street of scale of litigation concerning the access to the databases of some built-in operators.
In the conflict between the 118 218 "the number" operator and corporate France Telecom and Yellow Pages, the Council might seize the opportunity (commitments procedure initiated by the respondent companies (16)) to gather the opinion of third parties, and require guarantees finally enabling the provision of a universal telephone information service. Such an initiative would confirm progressive transition to a new form of regulation of the intelligence services, competitive type.
(1) - Council of State, litigation section, June 25, 2004, Scoot France and Fonecta c/s. society See letter of telecommunications No. 156, p. 7.
(2) - Ex-European Committee for Telecommunications Regulatory Affairs.
(3) - Recommendation Ectra/REC (97) 01-E.
(4) - Decision n 05-0061, no. 05-0062, no. 05-0063, no. 05 - 0301.
(5) - Decision n 06 - 0259 on February 28, 2006.
(6) - Seized by several operators of an action for annulment of this decision, on the grounds that Arcep had not seen fit to put in place a system said to "Carousel" (see letter of telecommunications No. 185, p. 4), the judge hearing the application of the Council of State upheld the position of Arcep.
(7) - Post and electronic communications (CPCE) code.
(8) - Decision n 2006 - 0019 of January 10, 2006.
(9) - Under the terms of a judgment dated March 17, 2006, the Council of State, acting in chambers, dismissed the application for suspension filed by intelligence telephone French to
against the decision of the Arcep on January 10, 2006.
(10) - Notice No. 05-A-16 of the competition Council dated July 28, 2005.
(11) Directive 2002/22 / EC, article 69 of the CPCE, decision n 05-0061 on 27 January 2005, Decree n 2005-606 of 25 May 2005.
(12) - Guidelines of Arcep on December 16, 2004.
(13) - In case C-109/03 KPN of 25 November 2004, the Court of justice of the European communities held that collection costs to be charged by a telephone operator at a telephone information service provider was void of information such as name, address, telephone number (already collected by the operator for the management of its customers).
(14) - Dashboard of the universal directory of Arcep, may 5, 2006.
(15) - Decision n 02-D-41 26 June 2002 and no. 03 - D - 43 of September 12, 2003.
(16) - According to order No. 2004-1173 of November 4, 2004 and the rules specified in Decree No. 2005-1668 27 December 2005 amending Decree No. 2002-689 of April 30, 2002.
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