Orientation of proposal

Although there is no longer any monopoly in supplying access to networks, the issue of fulfilling an obligation of public service remains in its entirety. Operators should provide universal access and tariff conditions that allow every citizen to access the Net. Apart for being a universal service, access should also be available for services in the general interest. A policy co-managed by the government and local authorities should be implemented to oblige cable operators to install a network covering the whole territory, which would eliminate geographic disparities. They should also provide the connections required for the development of community organisations and portals and be obliged to pay a small part of their revenues to help the development of these organisations.

Context

The harmful effects caused by the withdrawal of traditional operators from ensuring public services are clear (insufficient flows leading to additional costs for consumers, etc.). Today, this no longer an issue since most monopolies have been dismantled, at least theoretically (even though some of them hold almost exclusive positions), though sometimes to the detriment of public services. In conformity with the Treaty of Amsterdam, private operators are obliged to fulfil the role of public service provider, especially by providing universal access to the network. However, the Treaty covers neither the Internet nor mobile telephones. Universal access is the prerequisite for ensuring that as few people are excluded as possible. Although the supply of access is considered as a public service, it nonetheless raises the issue of investment in infrastructure, pricing for private investors and the consequences for the latter when they bid for entry into new markets (for example, local radio loops, ADSL). The Canadian law of 1991 on radio broadcasting could be used as the basis for the development of a non-profit Internet. This law, which sets out the "Canadian radio-broadcasting system" expressly stipulates that this system must be "composed of public, private and community elements" (article 3-1-b). It obliges the cable operator to not only provide community television channels but also to pay 2.5% of its net profits to them. Unfortunately, the law of 1998 modified this system, emptying it of its substance and thus making it unworkable, whereas it should have been extended to new media. Nonetheless, it remains a very good source of inspiration.