Active radio equipment for 5G mobile networks operated by telecom operators of vital importance, as defined in Article L1332-1 of the French Defence Code

Decree on the preliminary authorisation procedures for the operation of mobile radio networks stipulated in Article L34-11 of the Postal and Electronic Communications Code

For the purposes of security and national defence, the draft Act introduces a preliminary monitoring measure for any activity involving the operation of certain radio equipment in 5G networks. Operators must send an authorisation request to the Prime Minister. The Prime Minister will then make a decision within two months of receiving the completed request file.

He will determine whether there is a serious risk of endangering defence and national security interests based on the criteria defined in the Act and, in particular, with regard to the guarantees provided by the equipment for the integrity, security and availability of the network or for the confidentiality of the messages transmitted and the information related to communications.

If any of these criteria is not guaranteed, the authorisation request can be refused by the Prime Minister. In order to assess this risk, the deployment and operational procedures implemented by the operator, the level of safety of the device and whether or not the operator or its service providers, including subcontractors, are under the control of or subject to acts of interference by a non-EU Member State will be taken into account.

The Decree lays down the authorisation procedures, the nature of the conditions that may be attached to authorisations and the list of documents in the request file.