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 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