5G regulation and law in France

1. What is the state of 5G deployment in your country?

The commercial roll-out launched on 18 November 2020, following the award on 12 November 2020 of the 3.4-3.8 GHz spectrum to Bouygues Telecom, Free Mobile, Orange and SFR. 

These four operators are currently deploying 5G network infrastructure with progressive coverage obligations by 2030, when French mobile networks must be 100% 5G

Experiments are ongoing, both on the 3.4-3.8 GHz spectrum, and on the experimental 26.5-27.5 GHz spectrum, which has not yet been subject to a commercial roll-out.

Operators must also have launched "slicing" 5G services by 2023 at the latest. This feature of future 5G networks will allow operators to offer different levels of mobile network performance, depending on their customers' needs.

The French frequency agency (“ANFR”) had set a target that each operator should have deployed 3,000 5G sites. The four authorised operators have deployment milestones, specified at Article 3 of the applicable specifications (annex 1 of their authorisations), summarised as follows and applicable to each operator:

  • 31 December 2022: 3,000 sites with a minimum of 100 Mbit/s downstream rate for all sites and 240 Mbit/s downstream rate for 75% of the sites;
  • 31 December 2024: 8,000 sites with a minimum of 100 Mbit/s downstream rate for all sites and 240 Mbit/s downstream rate for 85% of the sites;
  • 31 December 2025: 10,500 sites with a minimum of 100 Mbit/s downstream rate for all sites and 240 Mbit/s downstream rate for 90% of the sites.
  • 31 December 2030: all operators’ sites with a minimum of 240 Mbit/s downstream rate.

Specific territorial conditions are also provided, notably concerning urban areas and highways.

In a study published on 15 December 2022, the French Electronic Communications, Postal and Print media distribution Regulatory Authority (“ARCEP”) identified the number of commercially open 5G sites: 

  • Bouygues Telecom : 8,714 of which sites equipped with frequency band:
    • 700 & 800 MHz : 0
    • 1800 & 2100 MHz : 8416
    • 3500 Mhz : 4,292
  • Free Mobile : 15,242 of which sites equipped with frequency band:
    • 700 & 800 MHz : 15239
    • 1800 & 2100 MHz : 0
    • 3500 MHz : 3,680
  • Orange : 4682 of which sites equipped with frequency band:
    • 700 & 800 MHz : 0
    • 1800 & 2100 MHz : 331
    • 3500 MHz : 4,511
  • SFR : 6885 of which sites equipped with frequency band:
    • 1800 & 2100 MHz : 2,759
    • 3500 MHz : 4,126

Finally, as mentioned by the ARCEP in a 10 November 2020 document, only a non-stand-alone (NSA) 5G service will be implemented over the next few years. Operators are also using pre-existing 4G networks to complement their 5G services, even though some are limiting the use of these networks in order to provide fewer but better 5G services.

The ARCEP regularly updates the state of 5G deployment on its website.

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

Following the allocation of frequencies in the 3.5 GHz band to operators by the ARCEP on November 2020, they launched their first commercial offers by opening 5G networks to the public at the end of 2020. This commercial launch of 5G was carried out on the initiative of each operator.

Operators' offers on consumer use of 5G are different. Some operators offering 5G packages seem to monetise 5G investments with higher consumer prices than 4G, compensated by higher data caps than with 4G and 12-month loss leader prices.

Other operators only offer 4G packages that are compatible with 5G, but at the same price as their standard 4G offers. 

Enterprise offers are less transparent, so it is more difficult to assess market prices.

3. Has 5G been launched for industrial purposes? For which sectors?

In order to allow all innovative players, industrialists and "vertical" players to access 5G and test use cases, ARCEP has opened two experimental windows, one in the 3.8 - 4.0 GHz band and the other in the 26 GHz band. These experiments allow interested parties to apply to ARCEP for frequency use authorisations.

According to the ARCEP’s page on 5G experiments, updated on December 19, 2022, the following experiments took place :

  • industries of the future (13)
  • connected mobility (6)
  • the Internet of Things (5)
  • smart cities (5)
  • virtual reality (7)
  • telemedicine (6)
  • ultra-high definition (1)
  • videogames (0)
  • technical experimentation (1)

Furthermore, under ARCEP’s specifications for the 2020 public auction of 3.4-3.8 GHz spectrum, operators must activate the most innovative 5G functions – slicing and "differentiated services" – by 2023 at the latest, in order to cover the needs of industries such as automobile, health and telecommunications.

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

The award of 3.4-3.8 GHz spectrum for commercial roll-out was available to any company satisfying criteria in section II.2.2 of annex 1 to ARCEP decision No. 2019-1386. In addition to the requirements applicable to electronic communication operators as per the Post and Electronic Communications Code, some specific conditions limited the number of admissible tenderers (in this respect, see answer to question 5.A).

The four appointed operators must comply with roaming agreement and infrastructure sharing obligations, in order to enable third party access to their networks.

Furthermore, operators and industrial companies may apply to ARCEP for 5G experimental authorisations, in particular within the 26.5-27.5 GHz spectrum, which is not yet available for commercial roll-out. Companies granted these experimental authorisations must publish the conditions for third party access to their infrastructure. 

According to a September 2020 government report on technical and health aspects of 5G deployment in France and around the world, the 26.5-27.5 GHz spectrum will be used for hot-spots and companies with special needs, but will not be open to the general public. 

Focus on airports (see ANFR page): Discussions between the ANFR, ARCEP, and the ministries concerned, as well as with the various stakeholders (aeronautical industry, equipment manufacturers and 5G operators), had led to the adoption of immediate precautionary measures for 5G deployments, which began at the end of 2020, pending further studies. Since then, the ANFR has carried out two on-site "derisking" campaigns with the operator Free Mobile and the Direction Générale de l'Armement (DGA) to meet the specific needs of national gendarmerie and civil security helicopters. These campaigns did not detect any impact of 5G on the operation of the radio altimeters of these helicopters, thus allowing us to be reasonably confident about their resilience.

5. What public tenders have awarded spectrum licences? 

The call for applications for the allocation of frequencies in the 3.4-3.8 GHz band was launched on 31 December 2019.

On 1 October 2020, ARCEP announced the results of the auction for the allocation of 5G frequency blocks in France. The split is as follows:

  • 4 blocks for Orange: 90 MHz for EUR 854m
  • 3 blocks for SFR: 80 MHz for EUR 728m
  • 2 blocks for Bouygues Telecom: 70 MHz for EUR 602m
  • 2 blocks for Free Mobile: 70 MHz for EUR 605m 

In return, the operators will pay EUR 2.8bn to the State, an amount 28% higher than the reserve price set by the Government.

5.1 What were the criteria for awarding each of the tenders?

The criteria appear in section II.2.2 of annex 1 to ARCEP decision No. 2019-1386.

The tenderers must:

  • demonstrate appropriate technical capacities and, in particular, operate an existing mobile network or have a passive or active infrastructure agreement in place with an operator, excluding roaming agreements;
  • demonstrate sufficient financial capacities to pay the reserve price fixed between EUR 280-350m depending on the scope of their submission. Specifically, this meant providing an on-demand bond or a bank security (cautionnement) from a well-known credit institution;
  • inform ARCEP of criminal sanctions adopted against them for any breaches of the Post and Electronic Communications Code;
  • neither be under the control of another tenderer, nor control another tenderer, nor be under the control of a company controlling another tenderer, directly or indirectly;
  • commit to comply with the operational conditions provided by the tender specifications;
  • set up a separate company if the tenderer is in a monopoly or in a dominant position in a sector other than electronic communications.

5.2 What are the conditions of the spectrum licence? 

The tender conditions were as follows:

  • the term is 15 years with a possible five-year extension; 
  • authorisations grant exclusive rights to use the awarded spectrum during this period, although it does not prevent the state from awarding newcomers with other frequencies to develop their own 5G network, if such frequencies are available. In addition, the four appointed operators have roaming and infrastructure sharing obligations. Experimental authorisations granted to other operators and companies within the same spectrum remain in place until their expiry, unless an appointed operator requests the withdrawal of this authorisation, which would be decided by ARCEP at its discretion;
  • service neutrality is compulsory; although operators may provide improved 4G services (4G+) using 3.4-3.8 GHz spectrum, subject to compliance with their licence conditions such as minimum downstream rates;
  • the assignment of authorisations is subject to ARCEP’s prior authorisation; active and passive network sharing agreements are free, but shall be transmitted to ARCEP, with the exception of roaming agreements, which are subject to a prior authorisation by ARCEP.

5.3 What is the price and how is it calculated?

Each operator was awarded a 50 MHz frequency block for EUR 350m. An auction was then organised to award eleven 10 MHz frequency blocks with a starting price of EUR 70m each.

After 17 rounds taking place between 29 September and 1 October 2020, the four operators were granted the following additional blocks, on top of their respective 50 MHz blocks:

  • Orange: 40 MHz for EUR 504m;
  • SFR: 30 MHz for EUR 378m;
  • Bouygues Telecom: 20 MHz for EUR 252m;
  • Free Mobile: 20 MHz for EUR 252m.

A positioning action took place afterwards, on 20 October 2020. Free Mobile made the only offer in order to choose its position on the 3.4-3.8 GHz spectrum, for EUR 3m; it reportedly wanted its spectrum to be positioned next to Orange’s, since both operators have roaming and infrastructure sharing agreements in place.

6. Is there a long-term spectrum plan or announcements for future tenders? 

The 3.4-3.8 GHz spectrum licences have been awarded for 15 years, with a potential five-year extension.

The ARCEP is monitoring access to 5G on other frequencies, through public consultations and experimental authorisations, with the aim of freeing up frequencies to increase 5G development. 

No tender is currently expected.

7. If 5G specific rules are drafted, what do they say?

Promulgated on 1 August 2019, Law no 2019-810 aimed at preserving France's defence and national security interests in the operation of mobile radio networks, also known as the "5G Law", and introduces a new prior authorisation regime for the use of 5G network devices by operators.

Furthermore, rules for 5G operators are those appearing in licences and tender specifications.

No other 5G-specific rules have been made public.

8. What focused 5G network or spectrum sharing regulation exists?

The deployment of 5G technology involves multiple challenges: technical, economic, environmental, energy, health and societal. It raises fears for health and the environment in the broadest sense, which generates local and national debates and opposition.

  • Regarding health issues: in line with its expertise on radiofrequencies and health, and based on the scientific data available to date, the French Agency for Food, Environment and Occupational Health Safety (“ANSES”) considers it unlikely that the deployment of 5G in the 3.5 GHz frequency band will present new health risks. For the 26 GHz frequency band, the data are currently not sufficient to conclude whether or not there are health effects.

Due to environmental and health concerns, he Association Pour Rassembler, Informer et Agir contre les Risques liés aux Technologies Electromagnétiques (PRIARTEM) and Agir pour l'environnement opposed the deployment of the so-called 5G communication network elements and asked the interim relief judge of the Conseil d’Etat to order the suspension of the Order of 30 December 2019 relating to the terms and conditions for granting authorisations to use frequencies in the 3.5 GHz band. The Conseil d'Etat rejected the requests of the two associations (CE, interim judge, 5 March 2020 no 438761). 

This decision is not isolated, since other associations had also appealed to the Conseil d’Etat. For example, PRIARTEM lodged an appeal with the Conseil d’Etat, invoking in particular the precautionary principle and the protection of human health. The Conseil d’Etat rejected the association's request in a ruling of 6 October 2021 no 446302.

Various administrative courts have granted requests by operators to suspend mayors' orders to prevent mobile radio antennas from being deployed locally (TA Versailles, 26 August 2022 n°2206001 ; TA Nice, 18 October 2022 n°2204649 ; TA Lyon, 12 August 2022 n°2205757 ; TA Lyon, 23 December 2022 n°220979). 

9. Are 5G network sharing or spectrum sharing agreements in place? 

Even though 5G networks and spectrum sharing are regulated by ARCEP (see for instance ARCEP’s page on spectrum sharing), there is no focused 5G regulation. ARCEP may adopt general or special regulations in order to fulfil its legal missions, or to rule on disputes between operators, including on 5G networks and spectrum sharing.

Article 6 of the 3.4-3.8 GHz specifications applicable to each operator (see annex 1 of the authorisations granted to operators) provides a definition of network sharing and explains the general rules applicable to network operators: obligations for passive infrastructure sharing; the potential for other infrastructure sharing agreements, and the obligation to share these agreements with ARCEP. 

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

No. 

There have been attempts at discussions between Orange and Free Mobile with the aim of sharing their networks. However, due to differences in deployment strategy, Orange decided to end the discussions at the end of January 2021, so there is no 5G network sharing agreement or spectrum sharing agreements in place, as of 6 January 2023. ARCEP is attentive to mobile network sharing agreements, in particular by ensuring a balance between the objectives of competition and innovation and the objectives of regional planning and environmental protection.

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

Once granted in a public tender, the licences are valid until their expiry. For instance, 4G licences ranged in duration from 15 to 20 years. Upon expiry, new tenders can be launched to grant the use of the spectrum.

The authorisations for the 3.4-3.8 GHz spectrum will last for a fixed period of 15 years, with a potential five-year extension. Until another tender is launched in this or another spectrum, other operators may only ask ARCEP for experimental authorisations, in particular in the 26.5-27.5 GHz spectrum, or submit offers for commercial tenders on other frequencies.

However, the four operators with licences on the 3.4-3.8 GHz spectrum must grant MVNOs access to their 5G network, pursuant to Article 5.1 of the specifications for each operator (see annex 1 of the authorisations granted to operators). In particular, this access shall be granted under reasonable commercial conditions.

The operators must provide at least one full-MVNO offer, and allow MVNOs to benefit from active infrastructure sharing agreements with other operators, if they exist.

According to Article 5.2 of the specifications applicable to each operator, ARCEP will identify specific areas that are subject to specific jamming constraints, and the authorised operators must accept reasonable requests by other operators and companies to sign roaming or active infrastructure sharing agreements.

Finally, Article 6.3 of the specifications applicable to each operator refers to Article 3.2 of the annex 1 to the 4G authorisations of 15 November 2018, which provides obligations to ensure adequate coverage of the territory. The Minister for Electronic Communications specifies these areas through Ministerial Orders; the operators must implement at the very least passive infrastructure sharing agreements, or active sharing infrastructure agreements if passive sharing is not sufficient to ensure adequate coverage of these areas.

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

Neither Chinese technology, nor any foreign technology, is prohibited in France.

However, an Act of the Parliament to protect French defence and national security interests when operating mobile radio networks (also called the 5G Act) was adopted on 1 August 2019, and implemented with Decree No. 2019-1300 on 6 December 2019, in the context of increasing 5G deployment risks. The purpose of this Act is to protect France against the risks of cybersecurity breaches by requiring the Prime Minister to grant an administrative authorisation for the operation of specific radioelectric devices, organising administrative controls for compliance with this obligation, and setting criminal sanctions in the event that they are violated. (articles L. 34-11 to L. 34-14 of the French Post and Electronic Communication Code).

According to the Senate, as of 19 November 2020, of the 157 device authorisation requests, 22 were rejected, and 53 were granted for a duration of less than the potential maximum. Each of these 75 decisions concerned Huawei devices.

Portrait ofAnne-Laure Villedieu
Anne-Laure Villedieu
Partner
Paris
Portrait ofPierre Fumery
Pierre Fumery
Associate
Paris
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Laurine Mayer
Associate
Paris