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France - Public consultation emphasizes need for technology-neutral regulation

NOTE: This note has been prepared by Craig McTaggart and Tim Kelly of the ITU Strategies & Policy Unit (SPU).  The views expressed herein are those of the authors and do not necessarily reflect the opinions of the ITU or its membership.  This note is available on the ITU IP Telephony  Website.

France is one of the very few countries which have held wide-ranging public consultations on IP Telephony.  In September 1999, the Autorité de régulation des télécommunications’ (ART) published a news release which cited seven key opinions which had come out of this public process:

1. The regulatory treatment of IP Telephony should be harmonized as much as possible at the international level, and, in France’s case, at least at the European level.

2. It is desirable that regulation be infrastructure and technology-neutral, and therefore that the same rights and duties apply to substitutable services, such as IP Telephony and traditional voice telephony.  The rights and obligations of various parties should be, in general, in proportion to their investments. 

3. With regard to the appearance of new services like IP Telephony, the major objective of regulation should be to support their sustainable emergence, by avoiding momentary reductions of tariffs unbalancing the market.

4. Certain contributions underlined the advisability of extending the principles of interconnection applicable to voice networks to data networks as well, due to their character of offering services to the public.

5. The attribution of numbering resources, making it possible to identify IP Telephony customers within the national numbering plans, offers an interesting prospect.  In this area as well, number portability appear to be an essential asset.

6. The parameters influencing the quality of service of the various networks involved will have to be clearly known, and the end-user will need to know whom the operators of the various interconnected networks are.

7. The absence of directories presents significant difficulties for IP Telephony operators.

Perhaps the principal lesson of the consultation was the necessity of technology-neutral regulation: regulation must relate to services as they are perceived by the user, not to the technologies or infrastructures which support them.  Identical services must be subject to the same regulation.

Source: Adapted from Autorité de régulation des télécommunications’ (ART), "Telephonie Sur Internet: L’Autorité rend publics les résultats de l’appel à commentaires sur la téléphonie sur IP" (27 September 1999), http://www.art-telecom.fr/communiques/communiques/index-30-99.htm.

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