September - 2015


BY: CHRISTOPHE BASSET ET ANNE-SOLÈNE GAY

“Macron Law” accelerates the deployment of fiber optic

The French law n°2015-990 to promote the economic growth, activity and equity of economic opportunity (known as “Macron Law”), dated August 6, 2015 and promulgated on August 7, 2015 aims among other things at accelerating the deployment of high-speed electronic communications cables.

Two pieces of legislation shape property law in this sense.

Firstly, article 118 of the Law includes various provisions in the French Construction and Housing Code to connect to fiber optic network:

- The individual or collective new housing whose building or planning permit is after July 1, 2016, and new housing developments,

- The collective existing housing where work is being carried out and is subject to planning permission (provided that the cost of the connection to fiber optic network is not disproportionate).

Since April 1, 2012, only the collective houses of more than 12 unit-residential housing were concerned by this requirement. A decree issued by France’s Conseil d’Etat will establish the modalities for the implementation of this new provision.

Secondly, article 114 amends the law n°65.557 on co-ownership dated July 10, 1965, in order to simplify the authorization procedure for introducing fiber optic in the common areas of the condominiums buildings: the co-owners of joint property now can give a mandate to the condominium council to decide on the installation of optical fiber cables. Until then, the general assembly could only decide on the introducing of high-speed networks upon the receipt of an operator’s proposal. It used to slow the whole process, since general assemblies usually take place once a year.


Tags:
Juris Initiative ,Christophe Basset,Behring,Anne-Solène Gay,Property law,Telecoms,Telecommunications,High-speed networks, Fiber optic,Housing,Condominiums , French law n°2015-990 dated August 6, 2015,Macron Law