Fibre optic networks : The French Administrative Supreme Court annul on the grounds of ultra vires Article 18 of Decision n° 2020-1446 of the France’s Electronic Communications, Postal and Print media distribution Regulatory Authority relating to the market for the "wholesale supply of local access at a fixed location" imposing a connection obligation on the incumbent operator (Orange)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By decision of April 26, 2022, the Conseil d'Etat annulled Article 18 of the decision no. 2020-1446 of December 15, 2020 of the French Electronic Communications Regulatory Authority (the "ARCEP") relating to the market for the "wholesale supply of local access at a fixed location", known as the "3a market", on the grounds of excess of power. The decision censures the obligation imposed on Orange as an operator "exercising a significant influence" to grant reasonable requests to connect business premises to its fiber optic network infrastructure ("FttH") in very dense areas. This new asymmetric obligation was part of the sixth three-year regulatory cycle

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  • White & Case (Paris)
  • White & Case (Paris)

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Orion Berg, Alexandre Martin, Fibre optic networks : The French Administrative Supreme Court annul on the grounds of ultra vires Article 18 of Decision n° 2020-1446 of the France’s Electronic Communications, Postal and Print media distribution Regulatory Authority relating to the market for the "wholesale supply of local access at a fixed location" imposing a connection obligation on the incumbent operator (Orange), 26 April 2022, Concurrences N° 3-2022, Art. N° 108346, pp. 169-171

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