The following may be the subject of a concession, in whole or in part, to one or more legal persons governed by public or private law, by means of agreements fixing in particular the rights and obligations of the beneficiary of this concession:
– The establishment and operation of nationwide electronic communications networks open to the public, with the exception of transport networks;
– The establishment and operation of electronic communications transport networks, including the operation of landing stations for submarine cables and teleports to one or more satellite networks.
The concession agreement for the establishment and operation of electronic communications networks open to the public is awarded to any legal entity governed by public or private law that is the successful tenderer.
The invitation to tender referred to in paragraph 1 above shall state, in particular, the conditions for access to and interconnection with the various public networks and, where applicable, the conditions for leasing the elements of these networks that are necessary for the establishment of the new network or for the provision of the service that is the subject of the invitation to tender.
And, where applicable, the conditions for leasing the elements of these networks necessary for the establishment of the new network or for the provision of the service which is the subject of the invitation to tender.
The concession is awarded taking into account the ability to finance and implement the project, the prospects for operating the service, the potential customer base and the public interest in the project.
The concession is subject to compliance with the specifications contained in a schedule of conditions attached to the agreement and covering in particular:
– The nature, characteristics and coverage area of the service;
– The conditions of permanence, quality and availability of the service;
– The conditions of confidentiality and neutrality of the service with regard to the messages transmitted;
– The requirements of national defence, public safety, health and environmental protection and town planning objectives;
– Network and service norms and standards;
– The use of allocated frequencies;
– The operator’s contribution to research, training and standardisation in the field of electronic communications;
– The conditions of interconnection and, where applicable, the principle of payment of charges for access to electronic communications networks open to the public;
– The conditions for sharing infrastructures;
– The terms of contribution to the general missions of the State and, in particular, to the missions and charges of the universal service and regional development;
– The free routing of emergency electronic communications etc.