Opinion of May 25, 2011 on a draft ordinance on electronic communications

Opinion no. 2011-8 of May 25, 2011 on a draft ordinance on electronic communications pursuant to article 17 of law no. 2011-302 of March 22, 2011 containing various provisions for adapting legislation to European Union law in the areas of health, labor and electronic communications

On May 25, 2011, the Council issued a favorable opinion on the draft ordinance relating to electronic communications issued in application of article 17 of law no. 2011-302 of March 22, 2011 containing various provisions for adapting legislation to European Union law on health, labor and electronic communications.

The purpose of this draft ordinance was to transpose Directives no. 2009/140/EC and no. 2009/136/EC of November 25, 2009 into domestic law, and included additional provisions pursuing the same objectives of better spectrum management.

In its opinion, the CMF was pleased to note the inclusion in article L. 42-1 of the French Post and Electronic Communications Code (CPCE) of provisions requiring licensees of frequencies freed up by the end of analog television diffusion to take the necessary measures to prevent and deal with harmful interference caused by their networks to the reception of audiovisual communication services shown on frequencies previously authorized by the CMF.

However, the Conseil noted that there was no precise indication of the schemes that might be required to "prevent and deal with interference", or how private operators would meet the costs of collecting and processing complaints. He therefore considered that a reference to a decree would be necessary.

He also felt that certain amendments to legislation might be required. In particular, he recommended allowing an electronic communications operator to set up a television service retransmitter to put an end to interference caused by its own transmitting station.

With regard to the granting of investigative powers to the Agence Nationale des Fréquences (ANF) by the addition of an II to article L. 43 of the CPCE, the Board expressed its satisfaction at being informed of the investigations carried out and receiving the information gathered. Lastly, the Board welcomed the amendment to III of article 34-2 of the law of September 30, 1986.