CASE COMMENTS: REGULATION – MOBILE NETWORK SHARING AGREEMENTS – NATIONAL ROAMING AGREEMENT – ARCEP POWERS

Telecommunications: The French Supreme Administrative Court rules on mobile network sharing agreement and on national roaming contracts concluded between two mobile telephone operators (Bouygues Télécom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In two judgments, 379579 and 384231 of October 9, 2015, the Conseil d'État returned to the conditions for sharing mobile networks and, in particular, to the execution of the national roaming contract entered into between Free Mobile ("Free") and Orange. On the one hand, it confirms that the Autorité de Régulation des Communications Electroniques et des Postes ("ARCEP") was not competent in 2014 to amend or terminate the said roaming contract. On the other hand, it endorses ARCEP's methodology for measuring the population coverage rate and the quality of mobile telephony services in order to monitor compliance with the obligations imposed on operators. On 28

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Jean-Paul Tran Thiet, Orion Berg, Emily Xueref-Poviac, Telecommunications: The French Supreme Administrative Court rules on mobile network sharing agreement and on national roaming contracts concluded between two mobile telephone operators (Bouygues Télécom), 9 October 2015, Concurrences N° 1-2016, Art. N° 77932, pp. 193-194

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