Contracting entities are:
1° Contracting authorities that carry out one of the activities of network operator defined in articles L. 1212-3 and L. 1212-4 ;
2° Where they are not contracting authorities, public undertakings that carry out one of the activities of network operator defined in articles L. 1212-3 and L. 1212-4;
3° When they are not contracting authorities or public undertakings, private law bodies that benefit, by virtue of a legally adopted provision, from special or exclusive rights the effect of which is to reserve for them the exercise of these activities and substantially affect the ability of other economic operators to exercise such activities.
Special or exclusive rights do not include exclusive rights granted following a procedure which ensures that objective, proportional and non-discriminatory criteria are taken into account.