Laws regarding 5G networks operation in France
Context
- Recently, France came up with a new batch of laws regarding the operation of radio networks.
- More specifically, this new set of laws modifies how mobile networks operators (MNO) can operate their 5G networks and the regulation of permissions around them.
Regulations
LAW No. 2019-810 of 1 August 2019 aimed at safeguarding France’s defence and national security interests in connection with the operation of mobile radio network
Source: LAW No. 2019-810 of 1 August 2019 aimed at safeguarding France’s defence and national security interests in connection with the operation of mobile radio network
Article 1
Amended the following provisions :
Creates: Postal and Electronic Communications Code (PCC) - Section 7: System of prior authorization for the operation of radio network equipment (V)
Creates: Postal and Electronic Communications Code (PCC) - art. L34-11 (V)
I.
- Is subject to authorization by the Prime Minister, in to preserve the interests of defence and national security, the operation on national territory of devices, i.e. any hardware or software devices, enabling the connection of end-user terminals to the mobile radio network, with the exception of fourth generation and earlier generation networks, which, by virtue of their functions, present a risk to the permanence, integrity, security, availability of the network, or to the confidentiality of the messages transmitted and information related to communications, excluding end-user installed equipment or equipment dedicated exclusively to an independent network, passive or non-configurable electronic equipment and non-specialised hardware devices incorporated in the equipment.
- The authorization mentioned in the first paragraph of this I is only required for the operation, directly or through third party suppliers, of equipment by the operators mentioned in Article L. 1332-1 of the French Defence Code, thus designated by virtue of their activity as operators of an electronic communications network open to the public.
- The list of equipment whose operation is subject to the authorization mentioned in the first paragraph of this I is set by Decree of the Prime Minister, issued after obtaining the opinion of the French Regulatory Authority for Electronic Communications and Postal Services (Autorité de régulation des communications électroniques et des postes). This list lists the various devices concerned with reference to the terminology used in the international standards associated with fifth and subsequent generation mobile radio networks.
II.
- Authorization to operate a device may be granted after examination of an application for authorization submitted by the operator. The file shall specify the models and versions of the equipment for which authorization is sought.
- The authorization shall be granted, where appropriate subject to conditions, for a maximum period of eight years. The renewal of the authorization shall be the subject of a renewal application file, which shall be submitted at least two months before the expiry of the authorization in force.
- The terms and conditions for granting the authorization, the conditions that may be attached to it and the composition of the authorization application file and the renewal application file are set by decree of the Council of State, after obtaining the opinion of the Regulatory Authority for Electronic Communications and Postal Services and the Higher Commission for Digital and Postal Services, which give their decision within one month of the date of referral to them.
- NOTE: In accordance with Article 3 of Act No. 2019-810 of 1 August 2019: This article is applicable to the operation of the equipment mentioned in I of Article L. 34-11 of the French Post and Electronic Communications Code installed since 1 February 2019.
- Operators who, on the date of publication of this law, operate equipment subject to authorization pursuant to the same Article L. 34-11 have a period of two months in which to apply for the prior authorization provided for in the said Article L. 34-11. This time limit shall run from the latest date of publication of the Decree mentioned in I or the decree mentioned in II of the same Article L. 34-11, and at the latest from the end of the second month following the publication of this Law.
Creates: Postal and Electronic Communications Code (PCC) - art. L34-12 (V)
- The Prime Minister shall refuse to grant the authorization provided for in Article L. 34-11 if he considers that there is a serious risk of harm to the interests of defence and national security resulting from a lack of guarantee of compliance with the rules mentioned in a, b, e, f and f bis of I of Article L. 33-1 relating to the permanence, integrity, security, availability of the network, or the confidentiality of messages transmitted and information relating to communications. Its decision shall be reasoned, except where the communication of the reasons could be such as to prejudice one of the secrets or interests protected by the provisions of a to f of 2° of Article L. 311-5 of the Code on Relations between the Public and the Administration.
- In assessing this risk, the Prime Minister shall take into consideration the level of safety of the equipment, the deployment and operating methods envisaged by the operator and the fact that the operator or its service providers, including by subcontracting, is under the control or subject to acts of interference by a State that is not a member of the European Union.
- NOTE: In accordance with Article 3 of Law No. 2019-810 of 1 August 2019: This Article is applicable to the operation of the equipment mentioned in I of Article L. 34-11 of the French Post and Electronic Communications Code installed since 1 February 2019.
- Operators who, on the date of publication of this law, operate equipment subject to authorization pursuant to the same Article L. 34-11 have a period of two months in which to apply for the prior authorization provided for in the said Article L. 34-11. This period shall run from the latest date of publication of the Decree mentioned in I or the decree mentioned in II of the same Article L. 34-11, and at the latest from the end of the second month following publication of this Law.
Creates: Postal and Electronic Communications Code (PCC) - art. L34-13 (V)
I.
- If the operation of the equipment mentioned in I of Article L. 34-11 is carried out on the national territory without prior authorization or without complying with the conditions set by the authorization, the Prime Minister may require the operator to submit an application for authorization or renewal or to have the previous situation restored at its own expense, within a period of time that he shall set.
- Such injunctions may be issued only after the operator has been given formal notice to submit observations within a period of fifteen days, except in cases of emergency, exceptional circumstances or imminent threat to national security.
II.
- Any commitment, agreement or contractual clause providing for the operation of the equipment mentioned in I of Article L. 34-11 shall be null and void when this activity has not been subject to the prior authorization required on the basis of the same Article L. 34-11 or to regularisation within the time limits set.
- NOTE: In accordance with Article 3 of Act No. 2019-810 of 1 August 2019: This Article is applicable to the operation of the equipment mentioned in I of Article L. 34-11 of the French Post and Electronic Communications Code installed since 1 February 2019.
- Operators who, on the date of publication of this law, operate equipment subject to authorization pursuant to the same Article L. 34-11 have a period of two months in which to apply for the prior authorization provided for in the said Article L. 34-11. This period shall run from the latest date of publication of the Decree mentioned in I or the decree mentioned in II of the same Article L. 34-11, and at the latest from the end of the second month following publication of this Law.
Creates: Postal and Electronic Communications Code (PCC) - art. L34-14 (V)
- This section is applicable in the Wallis and Futuna Islands.
DECREE of 6 December 2019 establishing the list of equipment provided for in Article L. 34-11 of the French Post and Electronic Communications Code
Source: Decree of 6 December 2019 establishing the list of equipment provided for in Article L. 34-11 of the French Post and Electronic Communications Code
Article 1
- The list, referred to in I of Article L. 34-11 of the French Post and Electronic Communications Code, of equipment whose operation is subject to prior authorization is given in the appendix to this Decree.
Article 2
- This decree is applicable in the Wallis and Futuna Islands.
Article 3
- This Decree shall be published in the Official Journal of the French Republic.
Appendix: EQUIPMENT SUBJECT TO PRIOR AUTHORIZATION TO OPERATE IN APPLICATION OF ARTICLE L. 34-11 OF THE FRENCH POST AND ELECTRONIC COMMUNICATIONS CODE
1.
- Devices, i.e. all hardware and software devices which, within fifth generation mobile radio networks, ensure the authentication of terminal equipment, the allocation of radio resources to such terminal equipment, and the routing of their electronic communications to each other or to third party networks.
- These devices, and the reference names associated with them in the international standards associated with fifth generation mobile radio networks, as published by the 3rd Generation Partnership Project (3GPP), are those listed in the following table:
| Description of the device | Designation of the associated network function in 3GPP standards |
|---|---|
| Devices, or base stations, providing radio communication with terminal equipment and allocation of radio resources | New Radio Base Station (en-gNodeB and gNodeB) |
| Devices for authentication and network access authorization of terminal equipment | Access and Mobility management Function (AMF) and Authentication Server Function (AUSF) |
| Devices for routing communications from terminal equipment to third party networks | User Plane Function (UPF) |
| Devices for managing sessions and connections of terminal equipment | Session Management Function (SMF) |
| Devices for implementing and controlling network access policies | Policy Control Function (PCF) |
| Devices for the distribution of terminal equipment and their communications between the different isolated sections constituting the mobile radio network | Network Slice Selection Function (NSSF) |
Do not fall into this category:
- passive or non-configurable electronic equipment, in particular strictly passive antennas for converting radio waves into electrical signals;
- non-specialized hardware and software devices incorporated in such equipment.
2.
- Devices, i.e., all hardware and software devices, performing a function within fifth generation mobile radio networks which affects the security, integrity or availability of such networks. These devices, and their associated reference names in the international standards associated with fifth generation mobile radio networks, as published by the 3rd Generation Partnership Project (3GPP), are those listed in the following table:
| Description of the device | Designation of the associated network function in 3GPP standards |
|---|---|
| Devices for registration, authorization and continuity of services in the network | Network Repository Function (NRF) |
| Devices for exposing network information and configuration by devices external to the network | Network Exposure Function (NEF) |
| Devices for storing cryptographic data and subscriber identifiers | Unified Data Management (UDM) |
| Devices providing interconnection of the mobile network with other networks | Security Edge Protection Proxy (SEPP) |
This category does not include non-specialized hardware and software devices incorporated within these devices.
Commentary
Laws
- By setting by laws an offical regulation framework for 5G, France taken a hard foot against Mobile Networks Operators and not making a strong point on the question every French MNO is concerned : Is Huawei allowed in French Networks ?
- When everyone focussed on this answer, the French Federation of Telecoms (FFT) argued / warned several times this year that an answer to this question could benefits to Nokia and Ericsson and consequently, they could rise up the price of 5G equipment.
- Interesting part, the French Authorities didn’t choose the easier way for the French MNO, each of them must filed a request for all of 5G equipments (1 equipment + 1 Software version -> 1 request) installed since February 2019, the Prime Minister services must answer to them under two months, if they doesn’t get an answer, the default answer is the equipment must be removed.
- French MNO aren’t quite sastified by this move, one time they even considered to contest the law on the French Constitutional Council.
- Their last move is interesting, they will submit requests for Huawei, Nokia & Ericsson equipments and see the anwsers.
Technical
- These laws prohibits the usage of a supplier inside the MNO operators networks.
- If at the first read, we can think, we stills can choose, at the second read you will understand that the French MNO, they don’t really have more the choice.
- They must comply to the french law, so if one, let’s say RAN equipment can’t be installed cause the XXXX supplier isn’t allowed in this area, the MNO need to have a core network under another equipment to fullfil the regulations requirements.
- Some thoughts:
- MNO deploy at least 2 different suppliers in their networks, having two technologies and having sometimes the same functions duplicated but under anaother supplier, this option will cost lot of money.
- MNO deploy by geographical locations, waiting all answers for area AREA1 and if one supplier isn’t allowed, deploy with the other one, will delay the 5G deployment but it’s deployment cost-savings.
- MNO deploy an authorized supplier on all the MNO 5G networks, will cost more, permissions time saving, security risks (one supplier SPOF).
- MNO don’t take the regulations in their deployments, do what they want
- MNO deploy contest the recent laws (Stills an option regarding the actual context)
- Some schema show you which network functions are concerned by the above law:
Author’s note:
- If you spotted errors, missing information or anything you want to report, feel free to contact me on Twitter: @SwitHak