BROADBAND: ART HIGHLIGHTS LEGAL RISKS OF FRANCE TELECOM CHARTER.

• Position: Laws - Brief Article

The ART highlights three legal questions, the first concerning studies on broadband requirements in a given area. "The bilateral framework might lead France Telecom to have privileged access to information collated by the departements on market requirements", writes the ART. It adds however, that the departements must ensure they "respect the principles of neutrality, openness and symetry of information supplied to economic players" and therefore urges them to provide this information to all operators. Regarding broadband promotions by the departements, the ART recalls that they must not result in "the promotion of services by a single player". Finally, the regulator urges "the greatest prudence" from local authorities before paying a subsidy to an operator "without prior competition". "In general (...), the most legally secure procedures are those implying competition between players", the ART adds.

Responding to this opinion, France Telecom suggests its approach is confirmed. "I would point out that...