Telecommunications law, very high-speed broadband, fiber optics, 5G deployment, national obligations, local constraints, Orange, France, telecom regulations, public initiative networks
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Abstract
This document discusses the legal framework for deploying very high-speed broadband in France, focusing on fiber optics and 5G, and the challenges posed by national obligations and local constraints.
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[...] To accelerate deployment, speech delivered on February the President of the Republic announced the first orientations of the growth strategy for a digital ambition. He notably announced the mobilization of 20 billion euros over the next ten years to develop access to very high-speed broadband for all, including approximately 3 billion euros in state subsidies to support the projects of local authorities.' The regulatory power then worked by project call: on April the Prime Minister defined by decree the tender specifications of the 'France Very High Speed - Public Initiative Networks' project call27, modified tender specifications in 201528. [...]
[...] Let's recall the initial historical context. From the law of July it was provided at Article L of the Postal and Telecommunications Code, that "permissions to use the public way can require operators to take into account the "urban planning rules" that may be applicable on the concerned roads. This also comes from Article L. 33-1 of the Postal and Electronic Communications Code, according to which the exercise of the activity of public network operator can also, if necessary, be subject to the respect of such rules. [...]
[...] For example, note that the Manche Fibre project is a public service delegation managed by Altitude Infrastructure, which is intended to allow the deployment of the fibre FTTH across the entire Manche department by 2025. - The concession: Somme Numérique, for example, has awarded the concession of its RIP to Tutor (acquired by Altitude). The private company can thus exploit the already built network by reversing direct royalties to the community. - The public market: Auvergne Numérique has chosen this solution for 4 departments and 6 agglomeration communities in the region. [...]
[...] Urban Planning and Connection to Public Networks - How can the Orange company legally secure the implementation of its obligations to deploy 4G and 5G high-speed fibre in a nationally constrained regulatory framework, while adapting to the variability and fragmentation of local constraints? Table of Contents Introduction A. Presentation of the subject B. Context of the internship C. Problematic D. Methodology followed to resolve the issue E. Plan Announcement Part I - Activity Report A. Presentation of the host company 1. [...]
[...] - making it the largest telecom subscriber base in France7. Let's recall, to put things into perspective, that Orange has connected more than 40 million households to fibre worldwide8. In summary, I was given the opportunity to complete a legal internship within a company recognized for its expertise and international reach. To maintain such a reputation, among internal services, the legal department plays a non-negligible role. 2. Role of the legal department and the sub-department of the internship: the legal department of networks The Legal Department of the Orange Group (hereinafter referred to as "DJ Group") is under the responsibility of the Secretary General of the Group Nicolas Guérin appointed to this position since 20189 and sets up the guidelines of the Group General Director appointed in 2022: Christel Heydemann10 The Secretary General of Orange brings together the legal, regulatory and compliance functions at the 'corporate' level. [...]
