Legal framework

Pursuant to article L.43 of the French Postal and Electronic Communications Code (CPCE), the Agency makes sure radio sites and networks comply with regulations and investigates the cases of interference reported to it.

The powers of investigation and reporting of the ANFR's sworn and authorised agents are defined in L. 40 of the CPCE.

The use of radio frequencies or equipment outside regulatory conditions is a criminal offence punishable by up to 6 months' imprisonment and a fine of up to €30,000 (L. 39-1 of the CPCE).

Interference with authorised frequencies caused by the non-compliant use of radio, electric or electronic equipment is a criminal offence punishable by up to 6 months' imprisonment and a fine of up to €30,000 (L. 39-1 of the CPCE).

Apart from limited exemptions for government departments, the illicit possession, use, commercial or free transfer, and advertising of jammers are strictly prohibited (article L. 33-3-1 of the CPCE). These are offences subject to criminal sentences of up to 6 months in prison and a €30,000 fine (L. 39-1 of the French Postal and Electronic Communications Code).

An intervention fee of €450 may be charged by the ANFR for actions it takes to find spectrum infringements (Finance Act). Indeed, any costs incurred as a result of the unauthorised use of a radio frequency or radio installation, where it is required, or outside the legal and regulatory conditions, which has caused or is likely to cause interference with a regularly assigned frequency incurs a flat-rate tax of €450 per intervention.