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Bouygues Telecom challenges ‘5G law’ in France

The operator filed an appeal against the law on network equipment security as it seeks the right to obtain compensation for the equipment it needs to replace.

A vendor-neutral framework: In France, a law of August 2019 mandates operators to seek Government approval for the devices which form part of their networks (except fourth-generation and earlier). The Government repeatedly stated that the law is not designed to exclude any vendor in particular from 5G networks. However, in July 2020, the French cyber-security agency, ANSSI, told operators planning to buy Huawei 5G equipment that they will not be able to renew licences for the equipment once they expire.

A de-facto ban on Huawei: In practice, ANSSI’s decision amounts to a phase-out of Huawei equipment, since most of the licences for Huawei components are for three to five years, and the maximum length is eight. The authority has also advised operators to avoid switching to the Chinese vendor where they weren’t already using it.

No guarantee of compensation for operators: On 2 September 2020, Bouygues Telecom filed an appeal before France’s highest administrative court, the Council of State, against the 5G law. The move follows the announcement on 27 August 2020, that Bouygues would have to phase out 3,000 Huawei antennas, mainly in highly populated areas, by 2028. Bouygues noted there is no legal right to compensation for operators forced to replace their equipment, and that it was negotiating with the Government on this aspect.