Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communication,
In view of the trade code, in particular Articles L. 251-1 to L. 251-23;
In view of the postal code and telecommunications, in particular Article L. 97-1;
In view of Act No. 86-1067 of 30 September 1986 on the Freedom of communication, in particular Article 30-1 as supplemented by Article 70 of the amending finance law for 2002 (No 2002-1576 of 30 December 2002);
In light of Decree No. 62-1587 of 29 December 1962 amending Regulation General public accounting;
The Conseil d' Etat (section of the interior) heard,
Describes:
The cost referred to in item 1 includes:
1 ° Expenditure resulting from technical operations relating to television broadcasting installations for terrestrial terrestrial television services in analogue mode;
2 ° Expenditure resulting from coordinated operations intended to ensure the Continuity of the reception of the services mentioned in 1 above, in particular expenditure relating to the information of viewers on the new frequencies and the intervention of service providers in private individuals, y Including the antenna reorientations that make the economy possible Diffusion frequency substitutions;
3 ° The costs of coordinating the redevelopment of the spectrum, in particular the operating expenses of the economic interest grouping likely to be created under the Article 7
Expenditures and expenses incurred by television services Terrestrial over-the-air television is distributed semi-annually between publishers of terrestrial terrestrial television services in digital mode with an authorization or right of use at the time of dispatch.
For each of its services, the participation of each local service publisher is equal to the thirty-third of the total amount of expenses and expenses previously mentioned Multiplied by the ratio of the census population of the geographic area for which it is authorized and the population of the metropolitan area.
However, when these services are broadcast on a shared-time basis on the same resource Radio, they are counted as a single service and the sum Is then allocated to each other in proportion to the broadcast time that they receive.
The The total amount of the expenses and fees reduced by the publishers of local service services is divided equally among the national service publishers for each of their services.
However, where these Services are broadcast on a shared time on the same resource Radio, they shall be counted as a single service and the sum allocated to them shall be allocated in proportion to each other in proportion to the broadcast time of which they are entitled.
The pre-financing of part of the cost of the expenses and expenses referred to in Article 2 may be provided on behalf of terrestrial terrestrial television publishers in digital mode by the Spectrum Redevelopment Fund, managed by the National Frequency Agency.
Only expenses, which are incurred by an economic interest grouping governed by the provisions of Articles L. 251-1 to L. 251-23 of the Commercial Code and created within two months of the publication of this Order by Several publishers of terrestrial analogue terrestrial television services in order to coordinate the implementation of their redevelopment operations are taken into account for pre-financing.
On request of the Economic Interest Grouping, and after consultation with terrestrial terrestrial television publishers in digital mode, the Board of Directors of the National Frequency Agency The costs and expenses of the operations necessary for the implementation of the redevelopment decisions of the Conseil supérieur de l' audiovisuel which are the subject of an intervention by the Spectrum Readjustment Fund.
The Spectrum Readjustment Fund gives each quarter a financial advance corresponding to the estimated amount of expenditure to be pre-financed for the current month and The following two months. It shall reimburse, on the basis of justification of the service, the expenditure of the Economic Interest Grouping as long as it exceeds the amount of the advances granted. If this advance is greater than the expenses incurred by the economic interest group, the difference will be deducted from the advance allocated the following quarter
Repayment of pre-financing in the Conditions of Chapter I shall be due on 1 January of the year following the date fixed by the decision of the Audiovisual High Council for the effective launching of terrestrial terrestrial broadcasting in digital mode by the publishers of National television service.
This refund is spread over a five-year period. The amount due on January 1 of each year is equal to the fifth of the amount of the refund.
Expenses and expenses incurred by a group Of economic interest exceeding the pre-financed portion of the cost of redevelopment operations as defined in section 6 may be subject to a financial advance by the Spectrum Readjustment Fund under the conditions set out in sections 8 and 9.
The Board of Directors of the National Frequency Agency shall stop at 30 June and 31 December the amount of the expenditure actually incurred during the last six months. It shall allocate this amount among terrestrial terrestrial television publishers in digital mode in accordance with the criteria set out in Articles 3 to 5. The Agency shall notify the amount due by each of these publishers. The corresponding amounts are due within one month
The sums charged to service publishers pursuant to sections 6 to 13 are Recovered in accordance with the procedure laid down in Chapter I of Title II of Part Three of Decree No 62-1587 of 29 December 1962 on the general regulation on public accounting.
One Subsequent decree shall lay down the conditions for the application of these provisions in the overseas departments and in Saint-Pierre-et-Miquelon, as well as in New Caledonia, in the territories of French Polynesia and the Wallis and Futuna Islands And in the departmental community of Mayotte.
The Minister of Economy, Finance and Industry, the Minister of Culture and Communication, Minister Delegate to Budget and budgetary reform and the Minister responsible for industry shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic
Done in Paris, July 4, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Culture
and Communication,
Jean-Jacques Aillagon
Finance and Industry Minister
Francis Mer
The Minister Delegate to budget
and budget reform,
Alain Lambert
Industry Minister,
Nicole Fontaine
