Tuesday, February 8, 2011

Government Commissioner to Arcep: Government persists

The Government confirmed and signed. Mid-January, he imposed a surprise in a draft law on "various provisions of adapting legislation to EU law on health, labor and electronic communications, an amendment to appoint a representative of the State Arcep, the French regulator of the telecommunications market.

The text, championed by the Minister in charge of the Digital Economy Eric Besson, and voted in the National Assembly on January 14, has moved much in the Independent, and worried the telecom professionals. They fear the "tutelage" of an institution's reputation for independence established.

And link the risk of interference while the state still owns over a quarter of the capital of France Telecom, the dominant player in the market for Internet access and mobile phone. "SECRECY" In Economic Committee of the Senate, the government amendment was modified following the intervention of Senator of the Vendee, Bruno Retailleau (various right), to oversee the commissioner's role and avoid "it has access to confidential information of competitors of France Telecom, "said Senator.

Now Article 13 of the bill, the new text stipulates that the representative of the State "may not have access [...] the information covered by the secrecy of cases transmitted to the authority in exercising its tasks ". "I am not against the appointment of a commissioner. Arcep But, 13 years of its existence, has proved that it worked well: the French market is competitive telecom, consumer prices were among the most lowest in Europe for Internet access.

Do not stop the machine "says Mr. Retallack the World. Tuesday, February 8, however, the government introduced a new amendment to the Senate, asking to return to its original text, the Assembly voted. To justify this emphasis, he said: "The provisions of Article 13 relating to restrictions on individual information available to the commissioner are not required.

The government commissioner, civil servant, is indeed bound by professional secrecy in the exercise of its functions ". But this move comes the day when the European Commission has threatened France with infringement proceedings at EU legislation if it persisted in appointing a commissioner to Arcep.

Brussels had already asked for an explanation, in late January, and assured on Tuesday he had not received satisfactory answers. Moreover, the government's position is not unanimous, even among the ranks of the UMP. Senator of the majority Philippe Leroy (Moselle), has also filed an amendment to Article 13, seeking outright abolition of the Commissioner ...

The bill, with this new government amendment must pass the Senate vote is Thursday, February 10 at night or Monday, February 14 in the afternoon.

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