5G regulation and law in France

All major national operators, including Orange, SFR, Bouygues Telecom and Free Mobile, have launched 5G services.

The 3.4-3.8 GHz spectrum was awarded to four main operators: Bouygues Telecom, FreeMobile, Orange, and SFR. These operators are responsible for deploying 5G infrastructure across the country. There is a map with the 5G deployment : Observatoire des déploiements 5G | ARCEP. 

Number of 5G sites (as of 30 June 2024) Observatoire des déploiements 5G | ARCEP

By the end of 2024, operators must have 8,000 sites with a minimum downstream rate of 100 Mbit/s for all sites and 240 Mbit/s for 85% of the sites. By 2030, all sites must achieve a minimum downstream rate of 240 Mbit/s.

In addition, operators have coverage obligations: at least 25% of 5G sites must be in sparsely populated and industrial areas beyond major metropolitan zones.

The Government and the French Regulatory Authority for Electronic Communications, Postal and Press Distribution (ARCEP) initiated an Observatory of 5G and 4G+ commercial deployments to keep local authorities and citizens apprised of the arrival of 5G in their area and to keep track of the progress being made on 5G roll-out.

ARCEP has outlined a strategic plan for the development and management of spectrum use.  This plan includes progressive coverage obligations for 5G deployment with a view to achieving 100% 5G coverage by 2030.

The plan also involves ongoing experiments with different frequency bands, such as the 3.4-3.8 GHz and 26.5-27.5 GHz bands.

A Briefing Note on Future networks  was published on 4^th October 2024 (Briefing note – Future networks - Theme 1 –Telecoms with an IT core (4th October 2024) )

The report highlights that deployment of SA 5G, for which core-network standardization borrows concepts from the world of IT, is contributing to acceleration in mobile network transformation.

The four main operators (Orange, SFR, Bouygues Telecom, and Free Mobile) are required to comply with roaming agreements and infrastructure sharing obligations. This means they must allow other operators to use their networks under certain conditions.

ARCEP has set up Spectrum Access mechanisms to ensure that a wide range of operators, including smaller and industrial companies, can access 5G frequencies. This includes experimental authorizations for specific frequency bands.

Operators must provide access to their networks on a non-discriminatory basis. All competitors must a fair opportunity to offer their services. 

In France, the allocation of spectrum licenses has been managed through public tenders overseen by the French Regulatory Authority for Electronic Communications, Postal and Print Media Distribution (ARCEP). Here are some key points:

5G Spectrum Auction (2020): The most notable tender was for the 3.4-3.8 GHz band, which is crucial for 5G deployment. The auction, held in October 2020 (3.4-3.8 GHz auction completed in France – 5G Observatory), awarded spectrum blocks to four major operators:

• Orange: 90 MHz for EUR 854m (USD 888m)
• SFR: 80 MHz for EUR 728m (USD 757m)
• Bouygues Telecom: 70 MHz for EUR 602m (USD 626m)
• Free Mobile: 70 MHz for EUR 602m (USD 626m)

Private 5G Licenses (2022): ARCEP also awarded 13 private 5G licenses in the 3.8-4.0 GHz band to various enterprises and organizations for specific use cases. These licenses were granted to organizations such as the University Hospital Institute of Strasbourg, SNCF Réseau, and Capgemini.

In France, the criteria for awarding tenders for the 5G spectrum auction, particularly in the 3.4-3.8 GHz band, were outlined by ARCEP.  Here are the main criteria:

Technical Capacity: Bidders needed to demonstrate technical ability to deploy and manage 5G networks. This included operating an existing mobile network or having an infrastructure agreement with an operator;

Financial Capacity: Bidders had to show they could meet the financial requirements, including paying the reserve price;

Regulatory Compliance: Bidders had to comply with all relevant regulations and policies, including those related to competition and spectrum use;

Coverage Commitments: Operators were required to meet specific coverage milestones, such as deploying a certain number of 5G sites by set deadlines and ensuring minimum downstream rates;

Service Quality: Operators had to commit to providing a minimum level of service, defined by a speed of at least 240 Mbps, and ensuring significant deployment in sparsely populated areas.

These criteria were designed to ensure spectrum was allocated to operators that could effectively deploy and manage 5G networks, thereby maximizing the benefits of 5G technology for the public. 

License Duration: The licenses are valid for 15 years, with a possible five-year extension. (5G | ARCEP).

Coverage Obligations: Operators must meet specific coverage milestones. For example, by the end of 2022, they needed to have 3,000 sites with a minimum downstream rate of 100 Mbps for all sites and 240 Mbps for 75% of the sites. These requirements increase over time, with a view to all sites having a minimum downstream rate of 240 Mbps by 2030;

Service Quality and Innovation: Operators must ensure a minimum level of service quality, including significant deployment in sparsely populated areas and must activate innovative 5G functions, such as network slicing and differentiated services for commercial applications;

Network Sharing: Operators are strongly encouraged to share their networks, both actively and passively, to improve efficiency and coverage;

Financial Commitments: Operators must pay the reserve price for the spectrum and demonstrate financial stability to support the deployment and maintenance of 5G infrastructure. 

In France, the price for 5G spectrum licenses in the 3.4-3.8 GHz band was determined through a two-phase auction process:

There was an Initial Allocation: each operator was awarded a 50 MHz block at a fixed price of EUR 350m (USD 364m).

An Auction Phase was implemented: the remaining 110 MHz was divided into eleven 10 MHz blocks, with a starting price of EUR 70m (USD 72.75m) per block. Operators bid on these blocks, and the final prices were determined by the highest bids.

Implementation of 5G in France has faced several challenges and controversies. Some of the main issues include:

Health and Environmental Concerns: There has been ongoing debate about the potential health risks and environmental impact of 5G technology. Artificial Intelligence development might contribute to the reduction of detrimental environmental impacts.

Infrastructure Costs: The high cost of developing the necessary infrastructure has been a significant barrier, particularly in rural and remote areas.

Digital Inequality: There's a risk that 5G could exacerbate digital inequality, with urban areas benefiting more than rural ones.

Regarding non-compliance with 5G concession obligations, ARCEP has set specific deployment milestones for operators. These include targets for the number of 5G sites.

So far, no major decisions reported regarding non-compliance with these obligations have been reported. 

ARCEP regularly conducts public consultations and issues experimental authorizations to prepare for future spectrum allocations. The next significant spectrum releases are expected to focus on higher frequency bands, which are crucial for advanced 5G services and future technologies.

ARCEP allocates the necessary frequencies to mobile operators for deploying 5G.

Local Consultation: Operators must inform local officials and present a town hall information file (DIM) when they plan to install or significantly modify an antenna.

Privacy Protection: 5G networks must comply with the secrecy of communications and the General Data Protection Regulation (GDPR) to protect users’ personal data.

Environmental and Health Impact: Studies and consultations are conducted to assess and minimize the environmental and health impacts of 5G deployment.

Safety: France has implemented precautionary measures to ensure that 5G deployments do not interfere with the operation of radio altimeters in helicopters and other sensitive equipment in line with French Civil Aviation Authority in France (DGAC) guidelines.

Coverage: ARCEP also anticipates commitments  from operators to improve coverage inside professional and commercial buildings and to facilitate multi-operator coverage. 

Yes, Bouygues Telecom and SFR have a long-standing network sharing agreement, known as the Crozon agreement, which initially covered 2G, 3G, and 4G networks. On 23 January 2023, three amendments to this network sharing agreement were submitted to ARCEP with the specific aim of expanding the sharing agreement to include 5G and incorporate new cell sites into the shared network

The Crozon agreement has been extended to include 5G technology, and expanding the shared network's density by deploying new cell sites (Mobile Network Sharing | ARCEP).

Yes, there are network sharing regulations. ARCEP encourages network sharing to improve coverage and efficiency. The regulatory framework includes provisions for both active and passive network sharing. Operators must submit their network sharing agreements to ARCEP for review, ensuring agreements comply with regulatory standards and promote fair competition; ARCEP then evaluates the submissions and decides whether the sharing agreement complies with the regulations.

In France, the rules for granting competitors access to new 5G networks are designed to ensure fair competition and efficient use of the spectrum. These measures are part of France's broader strategy to promote competition and innovation in the telecommunications sector.

Here are some key points:

Roaming and Infrastructure Sharing: The four main operators (Orange, SFR, Bouygues Telecom, and Free Mobile) are required to comply with roaming agreements and infrastructure sharing obligations. This means they must allow other operators to use their networks under certain conditions. See 2016-05-25-partage-reseaux-mobiles-lignes-directrices.pdf 

Spectrum Access: ARCEP has set up mechanisms to ensure that smaller and industrial companies can access 5G frequencies. This includes experimental authorizations for specific frequency bands

Non-Discriminatory Access: Operators must provide access to their networks on a non-discriminatory basis. This is to ensure that all competitors have a fair opportunity to offer their services

Regulatory Oversight: ARCEP monitors compliance with these rules and can impose sanctions if operators do not meet their obligations.

Deployment of 5G has raised significant cybersecurity concerns in France, particularly regarding the use of Chinese technology. Here are some key points:

Cybersecurity Measures: The French National Cybersecurity Agency (ANSSI) has emphasized the importance of securing 5G networks against potential threats. This includes strong security assessments and implementation of robust cybersecurity measures.

Use of Chinese Technology: While France has not imposed a total ban on Chinese technology, it has taken a cautious approach. ANSSI has advised telecom operators to mitigate potential risks associated with espionage and data security for critical parts of the 5G network.

National Security: The French government has enacted laws to protect national security in the context of 5G deployment. This includes  law n° 2019-810 of 1st August 2019 LOI n° 2019-810 du 1er août 2019 visant à préserver les intérêts de la défense et de la sécurité nationale de la France dans le cadre de l'exploitation des réseaux radioélectriques mobiles (1) - Légifrance (the so-called anti-Huawei law), which allows the government to impose restrictions on the use of equipment from high-risk vendors.

Operators must obtain authorization to use such equipment, and these authorizations are often limited in duration. 

There are several initiatives regarding 6G.

In February 2024, France signed a joint declaration with several countries, including Australia, Canada, the US, and Japan, to develop secure, interoperable, and resilient 6G technology. This collaboration aims to create a framework regarding future network connectivity that is open, free, global, interoperable, reliable, resilient, and secure for a more inclusive, sustainable, safe, and peaceful future Joint Statement Endorsing Principles for 6G: Secure, Open, and Resilient by Design | The White House.

France has adopted the France 2030 plan” France 2030 : un plan d'investissement pour la France | Ministère de l'Économie, des Finances et de l'Industrie et Ministère chargé du Budget et des Comptes publics  that deals with several subjects including 6G.  As part of the France 2030 plan, the Institut Mines-Telecom has been appointed to set up the France 6G platform. This platform will bring together industrial and academic stakeholders to work on 6G and future networks, promoting these technologies in standardization committees.

The French government is investing in large-scale public research programs for future networks, including 6G. This includes the PEPR 5G and Networks of the Future (PEPR means Priority Research Programs and Equipment), which aim to enhance performance and digital efficiency: The bids are published here: France 2030 - PEPR 5G et réseaux du futur - Appel à projets "Architectures, techniques et technologies émergentes" - 2024 | ANR

The development of 6G in France focuses on creating networks that are not only technologically advanced but also environmentally sustainable and socially responsible.