In its newsletter on Monday, the Arcep college published an editorial to review the implications of a recent picket by the incumbent operator. Indeed, at the end of the summer, Orange submitted a Priority Question of Constitutionality (QPC) to the Conseil d'Etat in order to challenge the telecoms regulator's power to impose sanctions. But according to the college, Orange "[challenges] the pragmatic spirit of French-style regulation". With this initiative, the incumbent operator "does not attack the Arcep so much but attacks the French regulatory model more broadly", says Sébastien Soriano, President of the Arcep.

The sanctioning power of the Arcep is vital for the proper functioning of the current regulation, the college stresses in its editorial. In particular, it would not be possible to benefit from "the commitments that operators can make on competitive or territorial coverage issues", argues the telecoms police officer. "Without control and sanctions, these commitments would only be paper," he insists.

Very upset by the initiative of the incumbent operator, Sébastien Soriano said "I am not sure that Orange has measured all the consequences". The President of Arcep says that if his power of sanction were to disappear, then France would have to choose another regulatory model. Wishing to take advantage of the "synergy between infrastructures and services", it decided to leave the incumbent operator in charge of its network for its deployments.

Sébastien Soriano explains "We felt that Orange, because of its need to win back customers in the fixed Internet, had an incentive to invest in fibre", seeing it as a "positive market dynamic. But the counterpart of this choice is that the regulator must check on a daily basis that Orange is not taking advantage of this situation by giving itself an advantage on the retail market. This is called non-discrimination. To ensure this, regular monitoring and sanction procedures are required. Without them, we would potentially be forced to choose much more radical regulatory approaches..."

And ends by correcting: "It's not a threat, it's factual".

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Source : La Tribune

The incumbent operator has submitted a Priority Question of Constitutionality to the Council of State, which can thus deprive the telecom police of its sanctioning powers and render the operators' commitments ineffective.

Unveiled on Tuesday by Le Monde, this request challenges the legal validity of a formal notice sent to it by Arcep last January. Indeed, the regulator criticized Orange for not respecting its obligations towards other telecom operators when it makes its fixed networks available to them. For the time being, this request is only at the preliminary stage. It will only be examined by the "Wise Men" of the Constitutional Council if the Council of State decides to transfer the file to it.

But in reality, it is a much broader problem. The incumbent operator argues that Arcep is both judge and party at the same time and that there is too much permeability between its three missions: to enact rules for the market, to control telecom operators and also to sanction them in the event of non-compliance with their obligations.
The regulator would de facto be deprived of its power to impose sanctions if the Conseil d'État were to rule in favour of the operator. In short, if the Arcep can no longer sanction abuses, the shipyards will fall behind and the objectives to boost French access to very high speed will not be met.

Orange assures that the procedure is a legal issue and will not affect the commitments made. The operator points out that in 2013 the Arcep has already been deprived of its power to impose sanctions in a similar procedure.
 

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Source : Les Echos

The telecoms police officer has just sent an early formal notice to Orange, SFR, Bouygues Telecom and Iliad-Free regarding the "New Mobile Deal". Indeed, Arcep considers that the commitments made by operators under this agreement, dating from January 2018, are not progressing fast enough.

At the time, the State agreed to renew part of the frequencies granted to operators for ten years and free of charge. A "gift" with a counterpart, however: the operators had undertaken to cover the territory more, particularly in the famous "white areas".

By the end of 2020, they must have converted all their existing 2G and 3G sites to 4G and improve mobile coverage on transport routes (from 2018) and inside buildings (from 2019).

But a year and a half after the signing, the regulator would find that progress was insufficient. "The regulator has no confidence in the operators, he believes that this case is dragging on," explains a source familiar with the case.

If the targets were not met by the 2020 deadline, early warning would make it possible to initiate sanctions more quickly without wasting time.

Aware that operators have always had difficulty meeting their commitments, the government has organised progress reports on the progress of the work. This was obviously not enough.

However, in June 2018, the government published the first 485 sites on which operators had to install their 4G antennas. For its part, the Arcep had launched its quarterly dashboard. But several observers had already warned of the magnitude of the task. "The deadlines were super-short. We could legitimately be concerned," recalls one participant today.

Operators, on the other hand, deny any delay. "Operators are deploying on schedule. ...] We are on the ground every day to solve administrative and technical challenges with the support of communities and government services. Arcep is welcome in the territories and will thus become even more aware of the collective success underway to finally solve the problem of white areas," said Arthur Dreyfuss, President of the French Telecommunications Federation. Summer is therefore likely to be turbulent.

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Source : Les Echos

Used since 1983, Internet Protocol version 4 (IPv4) allows the Internet to work: each terminal on the network (computer, telephone, server, etc.) is addressable by an IPv4 address. This protocol offers an addressing space of nearly 4.3 billion IPv4 addresses. But the success of the Internet, the diversity of uses and the multiplication of connected objects have as a direct consequence the progressive exhaustion of these addresses. By the end of June 2018, the four major French operators (Bouygues Telecom, Free, Orange, SFR) had already assigned between 88% and 99% of the IPv4 addresses they own.

Only 2.856 million public IPv4s remain available at RIPE NCC as of July 23th, 2019.

Two scenarios are now possible:

• 1: allocation of 1024 IPv4 addresses by LIR until depletion.
• 2: allocation of 1024 IPv4 addresses by LIR until the last million available IPv4 addresses, then 256 IPv4 addresses by LIR until depletion.

The most likely date for IPv4 depletion is May 6, 2020 (scenario 2).

If RIPE proposal 2019-02, allowing to limit to 256 IPv4 per LIR (scenario 1), is rejected, it will be on December 25, 2019.

On the day of the exhaustion of RIPE-NCC IPv4, the price of IPv4 on the secondary market for the purchase of already allocated addresses is expected to soar according to supply and demand. Indeed, players who have too many IPv4 addresses can sell them to those who do not have enough or none at all.

A high price that could erect an entry barrier against new market players and increase the risk of the development of an Internet split in two: IPv4 on the one hand and IPv6 on the other. As Jérémy Martin, Technical Director of Firstheberg.com explains: "With increasing demand for a fixed number of IPv4, the cost of renting an IPv4 will double in the next 2 years"

To address the shortage of IPv4 addresses, ISPs have implemented some alternative mechanisms. For example, Carrier-grade NAT (CGN) equipment allows an IPv4 address to be shared between several clients. However, they have several negative effects that make it difficult to maintain IPv4 and almost impossible to use it for a number of purposes (peer-to-peer, remote access to shared files on a NAS or connected home control systems, certain network games, etc.).

For Grégory Mounier of Europol, this can go further and "violates the privacy of many people who could be summoned in proceedings even though investigators are only interested in one suspect. In this context, only a near-total transition to IPv6 can be a sustainable response to this problem."

On the other hand, an operator buying IPv4 addresses from a foreign player takes the risk that its customers will be located outside France for many months and thus block many services.

Accelerating the transition to IPv6 is the only sustainable solution. Only a near-total mutation can allow content providers to do without IPv4.

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Source : Arcep

The AOTA - Association of Alternative Telecommunications Operators - has just referred the matter to the Arcep to request the opening of Orange's fibre network. Indeed, the 47 members of the association complain that they do not have sufficient access to it and accuse the incumbent of anti-competitive practices.

Since they cannot build very expensive networks themselves covering the entire country, small operators must first "borrow" Orange and SFR networks. They therefore rent access to the two dominant players in the corporate telecom market and buy voice or data from them at wholesale prices. They then sell them to their own customers.

But here we are, alternative operators feel ousted from the market of companies that have not been able to "connect" enough to the Orange network. With 12.4 million outlets, the incumbent's fibre network is both very large and very capillary. Hanging on to it therefore makes it possible to target SMEs with connectivity needs on several sites or plants spread over the territory. It is precisely these customers who escape the more geographically limited members of the AOTA.

A long-standing problem linked to the lack of fibre regulation for professionals. Indeed, Orange is obliged to offer wholesale offers to small operators wishing to access the copper network (ADSL) but not on fibre. In 2017, Alternative Télécom had already demanded more openness.

However, it is impossible for Orange to open up to competition a network built with billions of investments. Small operators believe that the operator has been favoured by its historical footprint on cable, which it was able to convert very quickly to fibre. Today, Orange controls approximately 70% of the corporate fibre market.

For its part, the French Competition Authority has chosen to regulate this market by creating a third player, Kosc, to "break" the predominance of Orange-SFR. This "wholesale" operator deploys its own fibre network, which it then rents to small AOTA or Alternative Télécom operators. "Kosc is a good complement, but it's one of many solutions. And anyway, the Kosc network does not have the same capillarity as Orange," explains one of these small operators. The ball is now in the Arcep's court.

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Source : Les Echos

The Autorité de Régulation des Communications Électroniques et des Postes is publishing the 2019 edition of its Internet Health Check in France. Submitted to Parliament, this report highlights the actions taken to ensure the openness of the Internet, looks at potential threats and presents the regulator's action to contain them.

The balance sheet in brief!

1- Quality of services
The service comparators are so inhomogeneous today that the Arcep wanted to improve them by setting up an API in the boxes containing the "access identity card" of each terminal. This will allow a much better diagnosis with reliable information on the parameters of each measurement. This API is complemented by a code of conduct. Gradually adopted by the measurement stakeholders, it makes it possible to improve the reliability, transparency and readability of the results.

2- Data interconnection
In constant evolution, this ecosystem can be the site of occasional tensions. The Arcep is vigilant in monitoring the market. It publishes data from its information collection in its annual barometer of interconnection in France. When the situation requires it, the Arcep can also become a "gendarme" and settle disputes between the actors.

3- Transition to IPV6
The end of IPV4 is now scheduled for June 2020. Operators' planned deployments of IPV6 may not be able to address the shortage of IPV4 addresses. Therefore, Arcep will organise the first working meeting of the "IPV6 Task Force" in the second half of 2019. These meetings will aim to accelerate the transition to IPV6 in France by sharing the experiences of the different actors and defining actions to be implemented

4- Net neutrality
The guidelines for the implementation of the principle of net neutrality by national regulators have generally proved their worth. The country has a positive balance sheet. However, Arcep ensures that access providers continue to adjust their practices in line with the European regulatory framework.

5- Opening of terminals
If in terms of net neutrality, the Arcep can exercise its protection on networks there is a weak link: terminals. Adopted at the beginning of this year, the European "Platform-to-business" regulation brings more transparency on the practices of online platforms towards their corporate clients. However, this regulation does not yet ensure the neutrality of terminals. Arcep made 11 concrete proposals to ensure an "end-to-end" open Internet in a report on the issue in February 2018.

 Read the report

Source : Arcep

In the fight expected from operators for the acquisition of frequencies dedicated to 5G, the Regulatory Authority for Electronic Communications and Posts is preparing to open a new front. Indeed, last weekend Arcep reported that it had set 31 December 2022 as the maximum deadline for frequencies in the 1.5 GHz band, known as the L band.

"Today used for point-to-point links for the collection of mobile networks open to the public and professionals and by the Ministries of the Interior and Defence", its release by the end of 2022 should allow mobile operators to have more frequencies to deploy future 5G and Very High Speed networks.

"The 1.5 GHz band has been subject to European harmonisation since 2015. It has 90 MHz that can be used to meet downlink requirements. The propagation properties of these frequencies are particularly interesting for the coverage of the territory and the coverage inside buildings", said the Telecom Constable.

However, there could be many pitfalls.... Indeed, the current tenants of the band have already sent comments to the Authority during the consultation period: a disputed reallocation plan, potentially huge migration costs.

However, the decision is widely welcomed by operators who are pleased to be able to obtain new frequency blocks for the development of their future 5G networks. While the latter accept that this L-band will only be operated "for additional exclusively downlink links (in SDL mode)", it will still improve the throughput and capacity of downlinks below 1 GHz.

The spectrum available for the deployment of future 5G networks is relatively limited, so this release should be of significant interest to operators, particularly in the event of coupling with other frequency bands.

Operators are also unanimous that the entire band will not be able to operate effectively due to unfavourable neighbourhood conditions. On its adjacent bands, there are "space exploration satellite services, radio astronomy and space research services", which do not allow the use of both ends of the 1.5 GHz band. Orange has only one 85 MHz band that can be used, while Free goes further with only one 40 MHz band. For the operator, this block of frequencies constitutes "the only sub-band with a mature ecosystem today" and could even be the subject of an "immediate allocation scenario" via a reallocation of 10 MHz bands to each operator.

A scenario that will not be retained by Arcep but which illustrates the operators' appetite for this band, to the great displeasure of its current tenants. They should be required to be housed elsewhere, particularly in the 6 GHz band.

Most of these actors are industrialists and express doubts about the Arcep's decision and its implications for their own activities and finances. Questions about the economic viability of this migration on the part of EDF, for example, for whom "the estimated time required to replace 1.4 GHz links, without significantly impacting the company's performance, is around ten years".

Especially since the timetable imposed by the telecoms police officer is already causing the actors concerned to shudder. For Enedis, the deadlines proposed jointly by Brussels and Arcep "do not take into account this specific framework for the use of the 1.4 GHz band by Enedis, nor the current limits or the constraints imposed by the alternative solutions". And even one of the alternatives proposed by Arcep would involve the reconstruction of a large part of its network.

The public authorities also seem to be waiting, as does the Ministry of Transport, for whom the timetable mentioned cannot be kept. Hence the Ministry's request to maintain the current network "at least until 2027, knowing that if studies show that it is possible to have the future network available earlier, the network can be shut down before that date".

Current tenants propose other solutions such as the establishment of a "cohabitation context". This would allow L-band frequencies to be allocated to operators in dense urban areas and other actors to "continue to use Radio Beams in rural areas, which are less likely to be targeted by the need for SDL".

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Source : ZDNet

The Calls for Demonstrations of Local Commitments announced in December 2017 at the National Territories Conference were then presented by the authorities as "the possibility for local authorities to benefit from the deployment or extension of very high speed networks financed by operators' own funds".

Three of these AMELs had received a favourable opinion from the Arcep last March and an authorisation from the government. The first of these systems was finally the subject of an agreement signed on Monday between the operator Altitude Infrastructure and the Conseil départemental de la Côte-d'Or. By the end of 2022, the end of this agreement, 57,000 households will be connected by Altitude Infrastructure, including approximately 8,000 before the end of 2020. This AMEL will complement the Public Initiative Network set up by the Department to obtain 100% FttH coverage in the Côte d'Or.

Two other Calls for Demonstration of Local Commitments, in Lot-et-Garonne and in three departments of the South-PACA region operated by Orange and SFR, should follow the same path as the government announced last March. This system should "provide all French people in metropolitan France and overseas with a minimum speed of 30Mbits/s by the end of 2022" in accordance with the objectives set out in the France THD plan.

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Source : ZDNet

As part of the 5G frequency allocation, scheduled for autumn 2019, the Arcep is continuing its work to free the 3.5 GHz band. This band has been made available to digital development players to deploy Very High Speed Radio networks. In order to identify the departments in which THD radio networks are still being considered, the Arcep is launching a public consultation.

To meet the territories' HSBB connectivity needs in the context of the France Very High Speed Plan, Arcep opened a window in December 2017 for the deployment of HSBB radio networks in the 3.4 - 3.8 GHz band. In parallel, the government and the Arcep have established to allocate new 5G frequencies in order to be launched in 2020. The Regulatory Authority must therefore allocate the 3.4 - 3.8 GHz band for the commercial deployment of 5G mobile networks.

At the end of 2018, Arcep planned to submit the applications to the THD radio counter before the end of March 2019. However, in order to free as many frequencies as possible for 5G while maintaining frequencies for THD radio networks, Arcep plans to maintain the counter for departments in which advanced projects exist. The opening of the window for these projects could be extended beyond 31 December 2019.

It is now up to Arcep to determine the territories where THD radio networks should be deployed. The purpose of this public consultation is to enable the stakeholders concerned to inform the Regulatory Authority of their project before 30 June 2019.

At the end of this consultation and taking into account the responses, the Arcep will modify the frequency allocation modalities for radio HSBB in order to integrate these calendar changes.

 Read the press release

Source : Arcep