France’s highest administrative court, the Conseil d’État, has upheld a EUR 26 million fine imposed on Orange by the telecom regulator, Arcep, for failing to meet its fiber rollout deadlines in designated “AMII zones.”
Orange had appealed Arcep’s decision but the Conseil d’État validated the penalty after confirming that Orange missed its initial rollout commitments in areas prioritized for investment in 2018. The ruling enforces accountability for network expansion in these regions, in line with France’s nationwide fiber deployment goals.
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The so-called “AMII areas” (Appel à Manifestation d’Intention d’Investissement) are specific regions identified by the French government in a 2011 call for investment interest, encouraging telecom operators to deploy fiber optic networks in areas where market forces alone would not suffice. These regions, often semi-urban or suburban, were earmarked for fiber expansion to address the digital divide without direct government subsidies.
Under the AMII framework, operators such as Orange and SFR committed to extending fiber networks in these areas by a designated deadline, aiming to enhance connectivity and bridge gaps in coverage between urban centers and more sparsely populated communities.
France’s Conseil d’État has upheld the penalty imposed by Arcep on Orange, affirming that the company’s commitments were explicitly defined and enforceable.
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The court emphasized that the obligations Orange agreed to were not based on projected or estimated premises but rather on a firm commitment to provide fiber coverage to all existing residential and business properties in the specified municipalities. This list, approved by ministerial decision, made it clear that failure to meet these commitments could justifiably lead to penalties.
The Conseil d’État has also ruled that the EUR 26 million fine imposed on Orange by Arcep is appropriate, considering the severity of Orange’s non-compliance with its fiber rollout commitments.
The Council stated that the obligations were clearly defined, allowing Orange to fully understand the potential impact of unmet deadlines on both service providers and end users. Noting Orange’s slowed progress, even after being granted an extension, the Council found the penalty amount proportionate to the scale of the shortfall.
