Tag: Arcep

ARCEP publishes the results of its public consultation on access to mailboxes (France)

Legislators included in the postal regulation law of 2005 the principle of equal access to mailboxes between authorised postal operators and the universal service provider, La Poste. Already in 2004-2005, postal operators complained of difficulties in gaining access to mailboxes in residential apartment buildings having opted for permanently restricted access. New entrants on the market complained of a discriminatory situation with respect to La Poste which had means to enter all apartment buildings. It quickly became clear that to restore the equity desired by the law, a technical analysis of the situation would be necessary. In November 2006, ARCEP initiated discussions with all players concerned by the problem of access to mailboxes. In addition to the distribution operators directly concerned—authorised postal operators, press delivery services, parcel distributors—property professionals also contributed to the work. These discussions helped to establish a diagnosis, highlighted the complexity and variety of situations and raised other questions which are not under ARCEP’s jurisdiction, which is limited to access to mailboxes for operators holding a postal authorisation. In late November 2007, ARCEP launched a public consultation in order to share its analysis of the situation, collect as many points of view as possible and to come up with solutions.

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Public consultation on access to mail boxes installed in apartment buildings with controlled access

ARCEP is launching a consultation on how to provide access to mail boxes installed in apartment buildings with controlled access.

An increasing number of apartment building residents are opting for permanently restricted access. Yet, at the same time, changing lifestyles require that more and more service providers frequently enter apartment buildings, to exercise their activity on residents’ request, in particular for distribution or for personal service.

Today, authorised postal operators (1) and press carriers face difficulties gaining access to mail boxes inside apartment buildings with controlled access systems, such as Vigik.

However, article L. 5-10 of the post and electronic communications code (CPCE) states: “In order to be able to distribute postal items, the universal service provider and bearers of the authorisation covered by Article L. 3 have access to individual mail boxes, under identical conditions which are defined by a decree of the Council of State, established following an opinion issued by the Autorité de régulation des communications électroniques et des postes”.

For this reason, ARCEP is opening a public consultation on the solutions and necessary changes to the effective application of Article L. 5-10 of the CPCE. A number of scenarios are possible, on which ARCEP wishes to collect as many opinions from players as possible. These scenarios aim to reconcile residents’ demand for security and the increase in the number of service providers having to enter apartment buildings to meet residents’ needs.

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ARCEP Chair Paul Champsaur presentation in the French National Assembly

In a speech before the Committee on Economic Affairs of the French National Assembly Paul Champsaur, ARCEP Chair, said he is happy with the political compromise on postal liberalization reached by the EU as it safeguards the universal service and leaves posts ample time to prepare. Mr. Champsaur added that he is confident that La Poste will have completed its transformation by 2011 and will be able to withstand competition when the market is fully liberalized on 1 January 2011, especially in an environment where competition is expected to grow at a slow pace. While Mr. Champsaur hopes that financial compensation for the universal service burden will not be needed, he affirms that principles of a compensation fund will be worked out with stakeholders in the meantime, in case such a funding mechanism is required. In addition, Mr. Champsaur said the progressive steps that key neighboring countries took before they fully opened up their market – UK first liberalized bulk mail, Germany first liberalized added value items, and direct mail had long been liberalized in the Netherlands – helped competitors and other stakeholders, such as mailing houses, better prepare for full liberalisation. In response to a question put by MPs, Champsaur says that the possibility of fully opening up the direct mail market before 2011 “should be studied”.

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