Key Benefits:
The Conseil supérieur de l' audiovisuel,
In the light of Act No. 86-1067 of 30 September 1986 on freedom of communication, in particular Articles 28 and 30 ;
Having regard to the amended Decree No. 90-66 of 17 January 1990 for the application of the 2 ° of Article 27 and the 2 ° of Article 70 of the aforementioned Act of 30 September 1986 laying down general principles concerning the dissemination of cinematographic works And audiovisual;
Having regard to Decree No. 90-67 of 17 January 1990 as amended for the application of the 3 ° of Article 27 of the aforementioned Act of 30 September 1986 laying down general principles concerning the contribution to the development of production Cinematographic and audiovisual productions as well as the independence of producers vis-à-vis the broadcasters;
Having regard to Decree No 92-280 of 27 March 1992 for the application of the 1 ° of Article 27 of the aforementioned Law of 30 September 1986 fixing the General principles concerning the regime applicable to advertising and sponsorship;
Having regard to Decree No. 2001-609 of 9 July 2001 for the application of the 3 ° of Article 27 and Article 71 of the aforementioned Act of 30 September 1986 concerning the Contribution of television services publishers broadcast over-the-air terrestrial in analogue to the development of the production of cinematographic and audiovisual works;
In view of the decision of the National Commission of the Communication and liberties n ° 87-3 of January 26, 1987, as amended defining the technical conditions for the use of the frequencies for the broadcast by terrestrial television terrestrial television services;
In view of the decision of the Higher Council of Audiovisual n ° 2006-182 of 28 March 2006 on a call for applications for the use of frequencies for the operation of local private television services broadcast in clear by terrestrial analogue terrestrial on the area De Caen (Department of Calvados);
In view of the request for authorisation submitted on 29 May 2006 by the company LN Development, the application package accompanying it and all the additional documents transmitted to the Conseil supérieur de Audiovisual media;
In view of the deliberation of the Conseil supérieur de l' audiovisuel on 13 February 2007 approving the draft convention between the Council and the company LN Development;
In view of the agreement concluded between the Conseil supérieur de Audiovisual and company LN Development February 19, 2007;
The company heard at public hearing on June 28, 2006;
After deliberation,
Decides:
The company LN Développement, registered on 30 December 1996 in the register of trade and companies in Caen under Number 390 149 607, having its head office 3, Théâtre du Théâtre, Hérouville-Saint-Clair (14200), is authorized to use the frequencies set out in Schedule I to this Decision for the operation of a private television service at Local character named " Cityzen TV ", broadcast by terrestrial analogue terrestrial in the agglomeration of Caen, in accordance with the conditions set out in Article 2-1-1 of the Convention set out in Annex II to this
. The allocation of frequencies shall be subject to the conditions set out in Annex I, the beneficiary of the authorisation taking on the costs of the modifications induced by those conditions.
The duration of the authorization is 10 years from March 26, 2007.
If, within three months from March 26, 2007, the company has not started The actual operation of the service, the Conseil supérieur de l' audiovisuel will be able to declare the lapsed authorization.
The service will be operated for the duration of the authorization.
The operation of the service is subject to special rules whose content is fixed in the convention.
The company is required to perform the service itself. During the period of the authorisation, LN Development's own activity shall be limited to the operation of the service provided for in Article 1 of this Decision and the operations directly related thereto.
This decision will be notified to LN Development and published in the Official Journal of the French Republic.
A N N E X E I
You can view the table in OJ
No 69 of the 22/03/2007 text number 119
The CSA may later, if the development of the television networks so require, replace the specified channel with another channel for receiving equivalent quality.
1. The Recipient is required to provide the following information to the CSA for accuracy:
-information communicated within two months after commissioning:
-technical description of the facility (type and Transmitter power rating, antenna system ...) ;
-maximum PAR and theoretical radiation diagram (H and V);
-date of commissioning;
-comprehensive reporting of offset realization, offset changes, channel changes, and other changes Above;
-information provided without delay if available:
-measured radiation chart.
This information is due upon express request from the board.
2. In the event that the information referred to in 1 is subsequently amended, the Recipient will provide the CSA with an updated version within one month.
3. The Recipient is also required to provide the CSA with all information in its possession on the coverage of the issuer, in particular the results of the coverage measures performed in the service area.
4. If the CSA found that the technical conditions of the authorization were not met, the beneficiary would be required to have an accredited organization carry out an inspection of the conformity of its installation with the requirements set out in the Annex Authorization technique. The beneficiary would transmit to the CSA the results of this audit.
AGREEMENT BETWEEN THE SUPERIOR COUNCIL OF THE AUDIOVISUAL HEARING ON BEHALF OF THE STATE, OF A PART, AND THE COMPANY LN DEVELOPMENT, CI-AFTER DEAPTED BY THE EDITOR, REPRESENTED BY MME ANNE MULLIGAN, GÉRANTE, D' AUTRE PART CONCERNING THE TELEVISION SERVICE CITYZEN TV The responsibilities and commitments incumbent upon the publisher are derived from the general principles laid down by Act No. 86-1067 of 30 September 1986 as amended relating to the Freedom of communication and, in particular, respect for the dignity of the human person, the protection of childhood and adolescence, the pluralistic nature of the expression of currents of thought and opinion, the honesty of information, quality And the diversity of programmes, the development of national film and audiovisual production and creation, the defence and illustration of the French language and
. And 33-1 of the Act of September 30, 1986, the parties have agreed to the following stipulations.
Part 1
OBJECT OF THE CONVENTION
AND PRESENTATION OF THE PUBLISHER
Article 1-1
Purpose of the Convention
The purpose of this Convention is, pursuant to Article 28 and 33-1 of the Act of 30 September 1986, to lay down the special rules applicable to the Cityzen TV service published by LN Development and prerogatives of the Conseil supérieur de l' audiovisuel to ensure compliance by the publisher with its obligations.
Cityzen TV is a local local television service broadcast over-the-air Analogue terrestrial in Caen (Department of Calvados).
Pursuant to article 33-1 of the Act of 30 September 1986, the service can be repeated in a full and simultaneous manner on networks not using assigned frequencies By the Conseil supérieur de l' audiovisuel where this recovery does not have the effect of bringing the population of the area served to more than 10 million inhabitants. If the full and simultaneous recovery has the effect of bringing the population of the area served to more than 10 million inhabitants, an amendment to this Convention shall be concluded, pursuant to Article 33-1 of the Act of 30 September 1986. To take into account the particular obligations arising from such dissemination.
Article 1-2
Editor
On the date of signature of this Agreement, the publisher is a company Limited liability for the capital of EUR 60 180, called LN Development, registered on 30 December 1996 at the RCS of Caen under No 390 149 607. Its head office is located 3, Théâtre du Théâtre, Hérouville-Saint-Clair (14200).
In Annex I to this Convention, as they present themselves on the same date:
-the composition of social capital and the distribution of rights Vote of the holding company;
-the list of social agents;
-where applicable, the list of the natural or legal persons who control the holding company, within the meaning of Article 41-3 of the Act of 30 September 1986 , as well as possible intermediary structures, with, for companies, the distribution of their social capital and voting rights;
-the convention of objectives and means signed between SARL LN Development and the city Of Hérouville-Saint-Clair;
-by amendment shall be annexed to this Convention the copy of the convention of objectives and means signed between LN Développement and the Basse-Normandie region;
-the name of the director of publication, Within the meaning of Article 93-2 of Law No. 82-652 of 29 July 1982.
The publisher shall inform the High Council of the audiovisual sector as soon as possible of any changes to the data contained in this Article and of any changes Affecting the control to which the company or one of its shareholders is submitted.
2nd PART
GENERAL
I. -SERVICE RELEASE
Item 2-1-1
Resource Usage Rules
The publisher shall not, unless specifically authorized, use the spectrum resources allocated to it for any use other than that provided for in this Agreement.
The publisher undertakes to operate a broadcast television service itself Clear terrestrial analogue terrestrial Cityzen TV, broadcast 24 hours a day, under the conditions set out in section 3-1-1 (I-Programs, Part 3).
The service will be operated for the duration of the authorization.
In accordance The third paragraph of Article 30-1 (III) of the Act of 30 September 1986, as amended by Act No. 2004-669 of 9 July 2004 on terrestrial digital terrestrial television, without prejudice to the provisions of Articles 1, 3-1 and 26, the Council The audiovisual superior shall authorize the full and simultaneous resumption of the subject service of this Convention if the applicant so requests and if that resumption is in accordance with an identical principle as regards the use of Remuneration on the part of users.
The publisher undertakes to bear the cost of the rearrangements or adaptations necessary for the preservation of the quality of broadcasting of television services regularly exploited in the
The assumption of any part of these costs by local and regional authorities is subject to the prior agreement of the Conseil supérieur de l' audiovisuel.
The publisher shall communicate to the Conseil supérieur de l' audiovisuel les Agreements with the organization (s) ensuring the production, transmission and distribution of signals.
Item 2-1-2
Territorial Coverage
The publisher ensures or causes the Broadcasting of its terrestrial radio programmes in analogue mode from all emission sites for which it has a licence to use a resource in frequencies, in accordance with the technical conditions defined by the Authorization decision.
II. -GENERAL OBLIGATIONS
Article 2-2-1
Editorial Responsibility
The publisher is responsible for the content of the broadcasts it broadcasts.
It retains control of its antenna in all circumstances.
Item 2-2-2
French Language
The broadcast language is French. In the case of a program broadcast in a foreign language, the program results in simultaneous translation or captioning.
The provisions of the preceding paragraph do not apply to musical works.
The publisher shall ensure that Proper use of the French language in its broadcasts, as well as in adaptations, duplications and subtitles of foreign programs. The publisher tries to use French in the titles of its programs.
Item 2-2-3
Intellectual Property
The publisher respects French property law Intellectual.
III. -DEONTOLOGICAL OBLIGATIONS
Article 2-3-1
General principle
In compliance with the constitutional principles of freedom of expression and communication and the editorial independence of the publisher,
For the purpose of assessing compliance with these stipulations, the Conseil supérieur de l' audiovisuel takes into account the type of program involved.
Article 2-3-2
Pluralism of The expression
of currents of thought and opinion
The publisher ensures the pluralism of the currents of thought and opinion, particularly in the context of the recommendations made by the Conseil supérieur de l'
. Ensures that the pluralistic access of political parties to the antenna is ensured under comparable programming conditions.
Journalists, presenters, animators or antenna collaborators ensure that they comply with a presentation Honest of the facts and issues dealt with, particularly those that are controversial, and ensure balance in the expression of the different points of view in the comments as well as in the discussions or debates
The publisher shall transmit to the Conseil supérieur de l' audiovisuel, for the period indicated by it, the statement of the hours of intervention of political, trade union and professional figures.
Article 2-3-3
Public life
The publisher's program is:
-not to incite dangerous, delinquent or incivic practices or behaviors;
-to respect the different political, cultural and religious sensitivities of the public ;
-not to encourage discriminatory behaviour on the grounds of race, sex, religion, or nationality;
-to promote the values of integration and solidarity that are those of the Republic;
-to take in Consideration, in the representation on the air, of the diversity of origins and cultures of the national community.
Article 2-3-4
Human Rights
Human Dignity Is one of the components of public order. The publisher shall not derogate from it by special agreements, even if the consent is expressed by the person concerned.
The publisher undertakes to ensure that no broadcast that it broadcasts affects the dignity of the human person. That it is defined by law and jurisprudence.
The publisher respects the rights of the individual in relation to his or her private life, image, honour and reputation as defined by law and
. Specific:
-to show restraint in the dissemination of images or testimonials that can humiliate people;
-to avoid complacency in evoking human suffering, and any treatment Defying or demeaning the individual to the rank of object;
-that the testimony of individuals on facts pertaining to their privacy is collected only with their informed consent;
-that the participation of non-professionals in Broadcasts of board, game or entertainment are not accompanied by any renunciation of their part, irrevocably or for an indefinite period, to their fundamental rights, in particular the right to the image, the right to privacy of private life, The right to seek redress in the event of harm.
It is a measure when it disseminates information or images concerning a victim or a person in a situation of danger or distress.
Article 2-3-5
Rights of Participants to Certain Programs
In its programming, including games or entertainment, the publisher agrees not to place undue emphasis on the spirit of exclusion or to encourage Defamatory or abusive comment against the participants.
Article 2-3-6
Antenna Rights of Interveners
People involved in the antenna are informed, to the extent that they are The name and subject of the program for which they are requested. When invited to a live debate, they are informed, to the extent possible, of the identity and quality of other stakeholders.
Item 2-3-7
Testimony of Minors
The publisher shall refrain from seeking the testimony of minors placed in difficult situations in their private life, unless they ensure complete protection of their identity through an appropriate technical process and obtain the consent of the minor As well as the consent of at least one of the persons exercising parental authority.
Article 2-3-8
Information and Program honesty
The requirement of honesty applies to the whole
The editor helps to avoid confusion between information and entertainment.
For its policy and general information programs, the publisher uses journalists.
The editor verifies the validity and sources of the Information. Where possible, the origin must be indicated. The uncertain information is conditional.
The publisher is rigorous in the presentation and processing of the information.
It ensures that the context in which the images were collected and the subject matter is appropriate. That they illustrate. Any use of archival images is announced by a pop-up on the screen. If necessary, mention is made of the origin of the images.
Images produced for a reconstruction or script of actual fact, or supposed to be, must be presented as such to the viewers.
Subject to caricature Or the pastiche, when a montage of images or sounds is carried out, the latter may not distort the original meaning of the statements or images collected, or abuse the viewer.
In information broadcasts, the publisher shall not use Technological processes to modify the meaning and content of the images. In other programs, the public must be notified of the use of these processes when their use can be confusing.
The use of processes to collect images and sounds without the knowledge of those who are filmed or recorded Must be limited to the needs of the public. It should be restricted to cases where it provides information that is difficult to collect otherwise. The use of these processes must be brought to the attention of the public. Persons and places should not be able to be identified, with the exception of exceptions, or if the consent of the persons was obtained prior to the issuance of the
. Micro-sidewalk " Or a vote of Viewers, who cannot be qualified as a survey, should not be presented as representative of the general opinion or group in particular, nor should they abuse the viewer on the competence or authority of the persons requested.
Article 2-3-9
Information Independence
The editor is committed to preserving editorial pluralism and independence through a team of permanent journalists fully committed to the Local television Cityzen TV. The publisher undertakes to establish or refer to an ethical charter, set out in the Annex to this Convention.
The publisher shall ensure that the political and general information broadcasts that it broadcasts are carried out under conditions Guarantee the independence of the information. It shall bring to the attention of the Conseil supérieur de l' audiovisuel the provisions it implements for this purpose.
When the publisher presents, in addition to the advertising screens, the publishing or distribution activities of Audiovisual communication developed by a legal entity with which it has significant capitalistic links, it considers, in particular by the moderation of the tone and the extent to which it is given the importance attached to the subject, that this presentation Is a strictly informative character. On this occasion, it shall inform the public of the nature of these links.
Article 2-3-10
Judicial Proceedings
In compliance with the right to information, the dissemination of broadcasts, images, remarks or Documents relating to judicial proceedings or to facts capable of giving rise to judicial information requires that particular attention be paid, on the one hand, to respect for the presumption of innocence, i.e. Not yet judged to be guilty, on the other hand, to the confidentiality of privacy and, finally, to the anonymity of juvenile offenders.
The publisher, in the presentation of court decisions, ensures that Commented on jurisdictional decisions in conditions that would affect the authority of justice or its independence.
When an ongoing judicial proceeding is referred to the antenna, the publisher must ensure that:
- The case is dealt with with a measure, thoroughness and honesty;
-the handling of the case does not constitute a serious obstacle to this procedure;
-pluralism is ensured by presenting the various theses in the presence, in Ensuring that the parties or their representatives are in a position to make their views known.
Article 2-3-11
Producer Information
The publisher will inform The producers, on the occasion of the agreements it negotiates with them, of the provisions of the articles of its Convention which are contained in the part " Ethical obligations ", in order to ensure compliance.
Article 2-3-12
Specific Commitments
A committee of independent persons, listed in Annex II to this agreement, is made up of the publisher to ensure that the principle of Pluralism. The Conseil supérieur de l' audiovisuel shall be kept informed of any changes in its composition. The Committee shall draw up a semi-annual review. This committee may be consulted at any time by the publisher. The Conseil supérieur de l' audiovisuel may request its opinion.
IV. -PROTECTION OF CHILDREN AND ADOLESCENCE
Article 2-4
Signaling and Classification of Programs
To ensure the protection of childhood and adolescence, the publisher undertakes to respect the recommendations of the Conseil supérieur de l' audiovisuel concerning the identification of young people and the classification of programmes (on the date of signature of this Convention, the current text is Recommendation No. 2005-5 of 7 June 2005)
Category V (cinematographic works prohibited to minors under the age of 18, as well as pornographic or very violent programmes, reserved for an informed adult public and liable to impair the physical, mental or moral development of the Minors 18 years of age) are subject to a total ban on broadcasting.
3rd PART
SPECIFIC STIPULATIONS
I. -
Article 3-1-1
Nature and duration of programming
The entire broadcast program is designed or assembled by the publisher.
The volume of locally produced programming in the first broadcast is at least 12 hours per week with a minimum of one hour per 42 weeks per year and 10 hours per day. Weekly on 10 weeks during the summer period.
The editor is supported for the weekly volume of locally produced programming:
-2007: 8 hours;
-2008: 10 hours;
-2009 : 12 hours.
The publisher shall inform the Conseil supérieur de l' audiovisuel of the daily duration of its programme and of any changes. A schedule of programs is provided as an indication, as an appendix to this agreement.
Article 3-1-2
General Program Details
a) Local-produced programs include: Mainly issues of local expression and information, economic, educational, cultural, political, sports, service or discovery magazines, a significant part of which is devoted to local information;
b) Dissemination And the rebroadcasting of locally produced programming referred to in this Article, as well as, where appropriate, the dissemination or rebroadcasting of other local-expression issues represent more than 50 % of the total broadcasting time;
(c) A newspaper Daily news, Monday to Friday, a minimum of 13 minutes, devoted to local news and a retrospective, rebroadcast Saturday and Sunday;
d) In its information programs, the publisher ensures the pluralistic expression And balanced the currents of thought and opinion expressed by all the local publications broadcast on the service area of its service;
e) The publisher undertakes to preserve the entire editorial control of the broadcasts it produces or Co-produced with partners;
f) The publisher undertakes not to broadcast programs or retransmit shows or events of which he or she does not hold broadcast rights.
Article 3-1-3
Corporate Communication
The publisher is authorized to program, for remuneration or other consideration, institutional communication programs when they do not originate from parties or groups Policies, trade unions, faith-based or philosophical groupings and businesses that fall under the economic sectors whose advertising is subject to a legislative or regulatory
. Institutions shall be placed under the responsibility of the Director of Publication, who shall be subject to the provisions of Articles 6, 93-2 and 93-3 of the Law of 29 July 1982.
Such programmes shall be the subject of contracts Agrees to communicate to the Board by accompanying the tariffs it has set if these emissions result in remuneration.
These programs are issued with a specific starting and ending credits, clearly indicating the identity The organizations that are the source of the information. For local and regional authorities, the signatures to the generic are those of the legal entity (commune, department, region). Elected personalities or assemblies may not be signatories.
The daily duration of all such broadcasts (broadcast and rebroadcast) does not exceed one hour.
These broadcasts have an informative vocation to present the Activities of the organizations that have access to it.
They may not contain any advertising or promotional character in favour of a product or service.
When it comes to the emissions of the local authorities and their emanations, They may not contain any promotional character in favour of elected representatives or political groupings of elected assemblies. They must comply with the provisions of Article L. 52-1 of the Election Code, in its application periods.
Article 3-1-4
Program Access to Deaf and Hard of Hearing Persons
Editor Undertakes, to the extent of its technical and financial possibilities, to develop programmes adapted to the access of programmes to persons who are deaf and hard of hearing. It informs the Conseil supérieur de l' audiovisuel, in its performance report of the obligations, of the efforts made each year.
Article 3-1-5
Advertising
Promotional messages are inserted In accordance with the conditions laid down in Decree No. 92-280 of 27 March 1992 as amended.
The time devoted to the broadcasting of advertising messages shall not exceed 12 minutes per hour on average daily, without exceeding 15 minutes for one hour (60 minutes).
The broadcasting of a cinematographic or audiovisual work may not be the subject of more than one advertising interruption, unless granted by the Conseil supérieur de l' audiovisuel.
Surreptitious advertising, As defined in Article 9 of the aforementioned decree, is prohibited.
The publisher shall ensure a clear identification of advertising screens in programmes intended for young people. To this end, it uses, for all these programmes, generic advertising screens of a minimum duration of 4 seconds, composed of sound and visual elements enabling the young public to identify them easily.
The editor strives To avoid noise variations between programmes and advertising screens.
Article 3-1-6
Parrainage
In accordance with the provisions of Decree No. 92-280 of 27 March 1992, as amended, the Sponsored television programs must be clearly identified as such at the beginning or end of the program. In these programs and in their trailers, the mention of the sponsor is possible only to the extent that it remains punctual and discreet.
In youth programming, this sponsorship reminder must be of modest size and Be the subject of statements not exceeding 5 seconds and separated from each other for a reasonable period of time.
In order to avoid confusion in the minds of young viewers, the publisher shall ensure that there is no interference between the Name of the sponsor or one of its brands and that of a youth program or element thereof.
Item 3-1-7
Tele-shopping
The publisher complies with the emission provisions of Teleshopd fixed by Decree No. 92-280 of 27 March 1992, as amended.
If the same good or service is presented both in a tele-shopping programme and in an advertising message, a period of at least 20 minutes must elapse between the end of the The advertising screen and the beginning of the teleshopal program, and vice versa.
The presentation or promotion of objects, products or services must comply with the legislative and regulatory provisions relating to the Consumers, in particular those derived from the code of consumption, relating to the sale of goods and supplies of services at a distance and those relating to allegations, indications or representations which are false or of such a nature as to be misleading. Error.
Objects, products, or services should be described as precisely as possible, in all their elements, both quantitative and qualitative.
The editor ensures that images, photos and drawings reproduce Faithfully the objects, products or services and do not contain any ambiguity, particularly as regards the size, weight and quality of the goods.
The offer of sale must be clear, rigorous and as complete as possible with regard to its principal Components: price, warranties, novelty, terms of sale.
Price validity conditions (duration, cutoff date) must be mentioned.
II. -DISSEMINATION AND PRODUCTION OF AUDIOVISUAL WORKS
Article 3-2-1
Broadcasting of audiovisual works
The publisher reserves, in total annual time devoted to the broadcasting of audiovisual works, at least 60 % The dissemination of European works and 40 % to the dissemination of works of original French expression, within the meaning of Articles 4, 5 and 6 of Decree No. 90-66 of 17 January 1990 as amended
Also respected at significant viewing hours, within the meaning of section 27 of the Act of September 30, 1986.
The program editor and broadcasts programs devoted to live arts and performances in the region. It promotes the dissemination of different forms of expression of local and regional cultural identity.
Article 3-2-2
Production of Audiovisual Works
Investment obligations in The production of audiovisual works obeys the provisions of Title II of Decree No. 2001-609 of 9 July 2001 as amended for the application of the 3 ° of Article 27 and of Article 71 of the Act of 30 September 1986 referred to above and relating to Contribution of television services publishers broadcast over-the-air terrestrial in analogue to the development of the production of cinematographic and audiovisual works.
Article 3-2-3
Producer Relations
The publisher is committed to ensuring equal treatment between local producers of audiovisual works and to fostering free competition in the production sector.
The publisher undertakes to ensure that the contracts he concludes for the acquisition of broadcasting rights include an encryption of each acquired right, individualizing the number of passages, their length of detention and the territories concerned. This commitment does not cover contracts for the acquisition of videomusic rights.
III. -DISSEMINATION AND PRODUCTION OF CINEMATOGRAPHIC WORKS
Article 3-3-1
Quotas of European cinematographic works
and original French expression
The publisher reserves, in the total annual number of broadcasts and Rebroadcasts of long-term cinematographic works, at least 60 % to the dissemination of European works and 40 % to the dissemination of works of original French expression, within the meaning of Articles 2, 3, 5 and 6 of Decree No. 90-66 of 17 January 1990
The obligations referred to in the preceding paragraph must also be met during prime time, within the meaning of the above decree, between 20:30 and 22:30.
Article 3-3-2
Quantum and grid Broadcast
The service does not broadcast more than 52 long-term cinematographic works on an annual basis.
The ceilings referred to in the preceding paragraph are intended for all broadcasts and rebroadcasts of some
No long-term cinematographic works will be broadcast, on the one hand, on Wednesday evening, Friday evening, on the other, on Saturday, all day, and Sunday, before 20:30.
Article 3-3-3
Media Timeline
The contracts entered into by the publisher for the acquisition of rights to broadcast cinematographic works provide for the period of time after which it can be broadcast Intervene.
Where there is an agreement between one or more film industry professional organizations and the publisher concerning the time limits applicable to one or more types of television exploitation of works Films, the time limits set out in this agreement are required by the publisher.
Article 3-3-4
Production of cinematographic works
Investment obligations in the production of works Pursuant to the provisions of Title I of Decree No. 2001-609 of 9 July 2001 as amended for the application of the 3 ° of Article 27 and of Article 71 of the aforementioned Law of 30 September 1986 concerning the contribution of publishers Television services broadcast over-the-air terrestrial in analogue to the development of the production of cinematographic and audiovisual works.
Article 3-3-5
Pluralist presentation of Cinematographic news
If the publisher presents the news of cinematographic works released in cinemas within programmes devoted to this event, it undertakes to ensure that this presentation is pluralistic and Diversity.
4th PART
CONTROL AND CONTRACTUAL PENALTIES
I. -
A. CONTROL -Control of the company
Article 4-1-1
Evolution of shareholding and steering bodies
The publisher immediately informs the Conseil supérieur de l' audiovisuel of any change in the amount of social capital As well as any change in the allocation of 1 % or more of the share capital or voting rights of the holding company. The amendment shall be assessed in relation to the last distribution communicated to the Senior Audiovisual Council.
The publisher shall, as soon as he becomes aware of it, inform the High Council of the audiovisual media of any changes in control as well as Any change in the allocation of 5 % or more of the share capital or voting rights of the company (s) which control, where appropriate, the holding company, within the meaning of Article 41 (3) of the Act of 30 September 1986, as well as Of the potential intermediary companies. The amendment is appreciated in relation to the last distribution communicated to the Higher Audiovisual Council. In the case of companies whose shares are admitted to negotiations on a regulated market, the publisher shall inform the Conseil supérieur de l' audiovisuel of any crossing of thresholds for participation in their social capital, as soon as it has Knowledge, under the conditions laid down in Article L. 233-7 of the Commercial Code and, where appropriate, by their statutes.
The publisher undertakes to communicate, at the request of the Conseil supérieur de l' AV, the detailed composition of the social capital And the voting rights of the holding company and of the company (s) that control, where appropriate, the holding company. If the elements brought to the attention of the Conseil supérieur de l' audiovisuel pursuant to the preceding subparagraphs seem to raise difficulties with regard to the provisions of article 42 (3) of the Act of 30 September 1986, he shall so inform The publisher as soon as possible. For the purposes of the application of Article 40 of the Act of 30 September 1986, the publisher provides to the Conseil supérieur de l' audiovisuel every six months the elements for determining nationality, within the meaning of the second paragraph of Article 40 of the Act. Above, of each of its shareholders and the share of its non-Community shareholding. Where the shares of the holding company or of one of its direct or indirect shareholders are admitted to the negotiations on a regulated market, these elements shall consist, at the request of the High Audiovisual Council, in the transmission of the Surveys EUROCLEAR France from the various companies concerned. The provisions of the preceding paragraphs shall not apply where the company which controls the holding company is itself a publisher of a television service authorized by the Conseil supérieur de l' audiovisuel. The publisher shall inform the Supreme Audiovisual Council of the name of the legal representative (s) of the company and of the director of the publication within the meaning of Article 93-2 of Law No. 82-652 of 29 July 1982. This information is also brought to the attention of the Conseil supérieur de l' audiovisuel in the event of change.
Article 4-1-2
Economic Information
The publisher transmits to the Board of Governors Within six months of the closure of each financial year, its balance sheet, its income statement and the annex, as well as its management report, as provided for in Article L. 232-1 of the Commercial
. At its request, the annual balance sheets and annual reports of each of the corporate shareholders holding on their own account at least 10 % of its capital.
B. -Monitoring of compliance with Obligations
Article 4-1-3
Program Control
The publisher communicates its pre-programs to the Conseil supérieur de l' audiovisuel within a reasonable period of time before they are released.
The publisher retains three weeks at the Less a recording of the broadcasts it broadcasts and the drivers of the corresponding programmes. The Conseil supérieur de l' audiovisuel may ask the publisher for these elements on a medium to which it defines the characteristics.
In addition, it makes the necessary arrangements for the preservation of documents which may give rise to To a right of reply as provided for in Article 6 of the Law of 29 July 1982.
Article 4-1-4
Compliance Information
Pursuant to the provisions of Article 19 Of the Act of 30 September 1986 referred to above, the publisher shall communicate to the Conseil supérieur de l' audiovisual all the information that the latter considers necessary to ensure compliance with its legal and regulatory obligations as well as those
information includes, at the request of the Conseil supérieur de l' audiovisuel, the full copy of contracts for orders and purchases of audiovisual and cinematographic
. Also include, at the request of the Conseil supérieur de l' audiovisuel, the communication of contracts concluded with non-professionals and relating to their participation in broadcasts of board, game or entertainment, so that the Council Audiovisual superior is in a position to verify compliance with the obligations imposed on the publisher. In the event that these contracts are not concluded by the publisher himself but by a production company, the contract of production which binds the publisher to the production publisher must clearly state that the production company will have to, if the Council Audiovisual superior in fact requested, communicate these contracts to the publisher who will forward them to the Conseil supérieur de l' audiovisuel. The data provided shall be confidential.
Data shall be disclosed in accordance with the standards and procedures defined by the Audiovisual Board of Governors, both for the obligations of dissemination of works and for the dissemination of information. Production obligations.
The Conseil supérieur de l' audiovisuel will endeavour to promote the transmission of information by means of computerized media.
The publisher shall communicate to the Conseil supérieur de l' audiovisuel, at his request and in title Information relating to the cost and financing of programmes other than cinematographic and audiovisual works.
The publisher shall, at his request and in confidence, communicate to the Conseil supérieur de l' audiovisuel the The
shall submit each year to the Conseil supérieur de l' audiovisuel, by 31 March at the latest, a report on the conditions for the implementation of its obligations and commitments for the previous year in respect of
The publisher provides annually to the Conseil supérieur de l' audiovisuel the list of audiovisual production companies, whether French or non-French, with which it has contracted.
Article 4-1-5
Resuming Programs of Another Service
The publisher shall, within eight days of their conclusion, communicate to the Conseil supérieur de l' audiovisuel all agreements for the full or partial recovery of the Programs of another television service.
II. -CONTRACTUAL PENALTIES
Article 4-2-1
Home
The Conseil supérieur de l' audiovisuel may, in fact, keep the publisher in compliance with the provisions set out in the agreement and in the amendments that May be appended to it. It makes public this notice.
Article 4-2-2
Sanctions
Without prejudice to the sanctions provided for in sections 42-1 and following of the Act of September 30, 1986, above, the Board of Governors of The audiovisual may, in the event of non-compliance with one of the provisions of the Convention or of the endorsements which may be annexed to it, taking into account the gravity of the infringement and after formal notice, pronounce against the publisher one of the following sanctions :
1 ° A monetary penalty, the amount of which cannot exceed the ceiling provided for in article 42 (2) of the Act of 30 September 1986;
2 ° The reduction in the duration of the authorisation for the use of frequencies within a year;
3 ° Suspension of the authorisation or part of the programme for a maximum of one month.
In the event of a further breach of a provision of this Convention which has given rise to a sanction, the Higher Council for the Audiovisual Impose a financial penalty, the amount of which cannot exceed the ceiling laid down in the case of a repeat offence under Article 42-2 of the Act of 30 September 1986.
Article 4-2-3
Inserting a News Release
In cases of failure to comply with the provisions of this Convention, the Conseil supérieur de l' audiovisuel may order the insertion into the programmes of the publisher of a press release of which it lays down the terms and conditions of distribution in the Section 42-4 of the Act of September 30, 1986 as amended.
Item 4-2-4
Procedure
Contractual penalties referred to in Articles 4-2-2 and 4-2-3 of this Agreement Agreements are made by the Conseil supérieur de l' audiovisuel in compliance with the guarantees set out in the aforementioned sections 42 et seq. Of the Act of 30 September 1986.
5th PART
FINAL STIPULATIONS
Article 5-1
Amendment
Nothing in this Agreement shall interfere with any legislative or regulatory provisions that may be applicable after the signing of this Agreement. Applicable to the publisher.
Any legislative or regulatory change applicable to the service will result in a revision of the agreement, as appropriate.
This Agreement may be revised by mutual agreement between The publisher and the Conseil supérieur de l' audiovisuel.
Article 5-2
Communication
This convention is an administrative document that any person may request a copy of Audiovisual, pursuant to Act No. 78-753 of 17 July 1978, as amended.
Done at Paris, in two originals, on February 19, 2007.
For the editor:
The manager,
A. Mulligan
For the Conseil supérieur de l' audiovisuel:
The President,
M. Boyon
A N N E X E I
SOCIAL CAPITAL COMPOSITION AND DISTRIBUTION
OF LN SOCIETY VOTE DEVELOPMENT
The company's share capital is 60 180. It is divided into 760 actions.
The company's capital composition is as follows:
You can view the table in OJ
No 69, 22/03/2007 text number 119
Capital, of a sum of EUR 1 million over time, will be distributed as follows:
You can consult the table in OJ
No 69 of 22/03/2007 text number 119
Annex to the agreement will be amended to this effect by rider.
LIST OF SOCIAL REPRESENTATIONS
DE LA SOCIÉTÉ LN DÉVELOPPEMENT
Mme Anne Mulligan is the sole social agent of LN society Development.
The director of the publication of the service, within the meaning of article 93-2 of Act No. 82-652 of 29 July 1982, is Ms Anne Mulligan, managing director of LN Development.
A N N E X E I I
COMPOSITION OF COMPOSED COMMITTEE OF INDEPENDENT PERSONALITIES CONSTITUTED
TO THE CITYZEN TV AFIN TO ENSURE THE PLURALISM PRINCIPLE
Ms. Geneviève Troussier, Director of the Art and Test Cinema Le Café des images, Hérouville-Saint-Clair.
Mr. Edouard Zarifian, psychiatrist.
Mr. Marc Pottier, historian at the Caen Memorial.
Mr. Alain Kendirgi, Director of the Société heralouvillaise d' économie mixte d' aménagement.
Ms. Nathalie Rivière, Lawyer.
La Agreement of objectives and means signed between SARL LN Development and the city of Hérouville-Saint-Claire.
This annex is available to the Conseil supérieur de l' audiovisuel.
A N N E X E I I I
GRID DE PROGRAMS
This appendix is available at the Conseil supérieur de l' audiovisuel.
Done at Paris, February 20, 2007.
For the Audio-Visual Higher Council:
The President,
M. Boyon
