Concession of public service

In French Right, the concession is one of the forms which a Public service delegation can take. The communes and their groupings often resort to it for the management of the services of Drinking water and Assainissement. It relates to the near total of the distribution of electricity and more and more of the electronic communication networks.

It is distinguished from the Affermage by the assumption of responsibility by the dealer (often a privately held company) not only of the servicing and operating costs but also of the investments. The dealer is remunerated directly near the user by a fixed price in the concession contract, revisable according to a formula of variation suggested in the contract and using the principal indices published by INSEE. In this type of contract, the community délégataire is often released from any financial expenses of investment. In counterpart, it must accept one duration of concession generally longer than the leasing (from 15 to 20 years. The maximum duration from now on is fixed at 20 years by the law).

Concession of public service and electronic communications

More and more of communities resort to the concession for the creation and the exploitation of electronic communication networks.

This new competence was definitively recognized by the legislator in 2004 (article L. 1425-1 of the general Code of the territorial collectivities created by article 50 II. Law for confidence in the digital economy ().

The first concession contract of this type was signed by the intercommunity association of the periphery of Paris for electricity and the communication networks and Irisé , subsidiary of the group Neuf Cegetel. If this first concession were contractualisée without financing on behalf of the community, it is to be observed that the other contracts signed or being negotiated envisage all of the public allocations.

This faculty to resort to public allocations was confirmed by the European commission, on September 11th, 2004, within sight of the project of High speed network of the General advice of the Yrénées-Atlantiques. The Commission decided that, under certain conditions, the public co-financing of an open high banc infrastructure constituted the compensation of an obligation of Service of general economic interest - in fact the absence of cover of wideband territory in the homogeneous and nondiscriminatory way.

Déléguer a public service high banc Card-indexes teaching

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Concession of public service

Concession of public service and electronic communications

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