Orange risks big after the slap in the face of the Council of State

2023-05-05 15:19:00

At Orange, the decision had the effect of a bomb. Two weeks ago, the Council of State ruled in favor of Arcep in a big dispute with the incumbent operator. In a long-awaited decision, France’s highest administrative court confirmed the telecoms regulator, who considered that Orange had not respected certain fiber coverage commitments. It was the operator, furious at a formal notice from Arcep on this subject, who had seized the Council of State.

Orange’s obligations concern medium-sized towns and the outskirts of large conurbations. In 2018, the operator undertook to cover approximately 3,000 municipalities with fiber optics, comprising more than 12 million homes. In reality, Orange has made two commitments. That of making at least 92% of all these premises “connectable” to fiber – the rest being “connectable on request” from customers, with a longer deadline – by the end of 2020. The second commitment consisted in making 100% of the premises connectable at the end of 2022.

A fine of up to 3% of sales

Arcep’s formal notice concerned the 2020 commitment. It was decided on March 17, 2022, and asked Orange to honor its promise “no later than September 30, 2022”. After being dismissed by the Council of State, the operator was reassuring. ” Orange has already exceeded the coverage threshold of 92% of connectable premises, source of the formal notice from the regulator, which was challenged before the Council of State”he said.

Except that, according to our information, Orange had not complied with its obligation by the date of September 30 set by Arcep. This means that the regulator, who will necessarily have to settle the procedure in progress, might perfectly sanction the operator… This one incurs a fine of up to 3% of its turnover, according to the code posts and electronic communications. Asked by the TribuneArcep simply asserts that “the procedure is taking its course ».

Towards a new attack by Arcep?

But that’s not all ! Arcep might also open a new procedure, and attack Orange on its 2022 commitment, which has still not been achieved. Will he then issue a new formal notice? Also questioned on this subject, the regulator does not comment. The subject is sensitive. According to our information, Orange currently considers that this objective of 100% fiber is unrealistic, and intends, in certain cases, to bring very high-speed Internet via other technologies, such as satellite or 4G to fixed use. Its discussions with Arcep are taking place in a particularly tense context. Many communities, furious at not being properly covered in fiber, urge the regulator to use its power of sanction.