Key Benefits:
The National Assembly and the Senate have adopted,
Vu Constitutional Council Decision 2004-497 DC of July 1, 2004 ;
The President of the Republic promulgates the following law:
Position and Telecommunications Code becomes the code for Electronic communications and positions. In this code, the words: Telecommunication " And " Telecommunications " Are replaced by the words: " Electronic communications ", except in the words" Telecommunications Regulatory Authority " And in the words: " International Telecommunication Union ", and the words: Higher Commission for the Public Service of Posts and Telecommunications " Are replaced by the words: " Senior Public Service and Electronic Communications Commission ".
The word:" Telecommunications " Is replaced by the words: " Electronic communications " In Article L. 1425-1 of the General Code of Territorial Communities, in Article L. 113-4 of the Consumer Code, and in the first, third and fifth paragraphs of Article 45 of the Finance Act 1987 (No 86-1317 of 30 December 1986).
The Position and Telecommunications Code is amended in accordance with the provisions of this Title.
Article L. 32 of the same code is thus amended:
1 ° 1 ° is thus written:
" 1 ° E-Communications.
" Electronic communications means broadcasts, transmissions or receptions of signs, signals, writings, images or sounds, by electromagnetic means." ;
2 ° 2 ° is thus written:
" 2 ° Electronic communications network.
" An electronic communications network shall mean any installation or set of transport or broadcast installations and, where appropriate, other means ensuring the delivery of electronic communications, in particular those of Switching and routing.
" In particular, the following are considered electronic communications networks: satellite networks, terrestrial networks, systems using the electricity grid as long as they are used for electronic communications and Networks providing broadcasting or used for the distribution of audiovisual communication services." ;
3 ° The 3 ° is supplemented by the words: " Electronic communication services to the public " ;
4 ° After 3 ° bis, it is inserted a 3 ° ter thus written:
" 3 ° ter Local loop.
" A local loop means the installation that connects the network termination point in the customer's premises to the primary dispatcher or to any equivalent installation of a fixed electronic communications network open to the public." ;
5 ° 4 ° is thus written:
" 4 Independent Network.
" An independent network means an electronic communications network reserved for the use of one or more persons constituting a closed group of users, with a view to exchanging internal communications within that group." ;
6 ° At 5 °, the word " Independent " Is replaced by the words: " Electronic communications " ;
7 ° 6 ° is thus written:
" 6 ° Electronic communications services.
" Electronic communications services are defined as services consisting wholly or primarily in the provision of electronic communications. The services of publishing or distributing communication services to the public by electronic means are not covered. ' ;
8 ° At 7 °, the words: " To the departure and destination of networks open to the public switched " Are deleted;
9 ° 8 ° is thus written:
" 8 ° Access.
" Access means any provision of means, hardware or software, or services, to enable the recipient to provide electronic communications services. This Code does not cover the subject access systems and the technical systems enabling the reception of audiovisual communication services, defined and regulated by Law No. 86-1067 of 30 September 1986 on the Freedom of communication." ;
10 ° 9 ° is thus written:
" 9 ° Interconnect.
" Interswitching means the physical and logical connection of networks open to the public operated by the same operator or a different operator, in order to enable users of an operator to communicate with users of the same operator Or to access services provided by another operator. Services may be provided by the parties concerned or by other parties who have access to the network. Interconnection is a particular type of access implemented between network operators open to the public." ;
11 ° The second sentence of the second paragraph of 10 ° reads as follows:
" The equipment shall not be used exclusively for access to radio and television services. ' ;
12 ° 12 °, the words: " Protection of the environment and the taking into account of urban planning and spatial planning constraints, And the last paragraph deleted;
13 ° 13 ° and 14 ° are thus written:
" 13 ° Geography number.
" A geographical number is defined as any number of the national telephone numbering plan whose structure contains a geographical indication used to route calls to the corresponding network end point.
" 14 ° Non-geographic number.
" A non-geographic number is any number of the national telephone numbering plan that is not a geographic number." ;
14 ° It is complemented by two sub-paragraphs:
" 18 ° Traffic data.
" Traffic data means all data processed for the purpose of routing a communication through an electronic communications network or for billing purposes. "
Article L. 32-1 of the same code is thus modified:
1 ° At 1 ° of the I, the words:" Permissions and " Are deleted and the words: " , which are issued or verified in objective, transparent, non-discriminatory and proportionate to the objectives pursued " Are replaced by the words: " And subject, where appropriate, to the authorisations provided for in Title II and by Act No. 86-1067 of 30 September 1986." ;
2 ° A the second sentence of the I, the words: " Under the conditions laid down in Chapter IV " Are deleted;
3 ° The first paragraph of II is thus written:
" Within the framework of their respective powers, the Minister responsible for electronic communications and the Telecommunications Regulatory Authority shall, under objective and transparent conditions, take reasonable and proportionate measures The objectives pursued and ensure that: ;
4 ° At 3 ° II, after the words: " The employment, "shall be inserted the words:" Effective investment in infrastructure, " ;
5 ° 5 ° of II is supplemented by the words: " And the protection of personal data " ;
6 ° In the 6th of II, after the word: " Telecommunications, "shall be inserted the words:" Public order and " ;
7 ° At 7 ° II, after the word: " Users ", are inserted the words" , including persons with disabilities, " ;
8 ° The II is completed by the 9 ° to 14 ° thus written:
" 9 ° A non-discrimination, in similar circumstances, in the processing of operators;
" 10 ° To the setting up and development of networks and services and interoperability of services at European level;
" 11 ° To the efficient use and management of radio frequencies and numbering resources;
" 12 ° A high level of consumer protection, notably through the provision of clear information, in particular through the transparency of tariffs and conditions for the use of publicly available electronic communications services ;
" 13 ° Respect for the greatest possible neutrality, from a technological point of view, of the measures they take;
" 14 ° To the integrity and security of electronic communications networks open to the public." ;
9 ° It is completed by a III so written:
" III. -Where, under the provisions of this Code, the Minister responsible for electronic communications and the Telecommunications Regulatory Authority intend to adopt measures having a significant impact on a market, they shall Of the measures envisaged within a reasonable period of time before their adoption and collect the observations made on them. The result of these consultations shall be made public, subject to the secrets protected by
. The authority shall establish a service for the knowledge of the consultations provided for in the preceding paragraph. "
I. -Section L. 32-2 of the Code is
. Article L. 32-3 of the Code reads as follows: '
' Art. L. 32-3. -Operators, as well as members of their staff, are obliged to respect the secrecy of correspondence. "
III. -Article L. 32-4 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" The Minister responsible for electronic communications and the Telecommunications Regulatory Authority may, in a manner proportionate to the requirements relating to the performance of their tasks, and on the basis of a reasoned decision: ;
2 ° 1 °, the words: " By the laws or regulations or by the authorisation granted to them " Are replaced by the words: " By this Code or by the texts taken for its application " ;
3 ° 2 ° is thus written:
" 2 ° Proceed with the same people to investigate.
" These investigations shall be carried out by officials and officials of the Ministry responsible for electronic communications and the telecommunications regulatory authority authorised for that purpose by the Minister responsible for electronic communications and Sworn in under conditions laid down by decree in the State Council. They give rise to the Minutes. A duplicate is transmitted within five days to interested persons.
" Officials and staff referred to in the preceding paragraph may access premises, land or means of transport for professional use used by persons operating electronic communications networks or providing services Electronic communications, request the communication of all necessary professional documents and make a copy of it, and collect, upon convocation or on site, the necessary information and justification. They can only access these premises between 8 hours and 20 hours or during their business hours to the public. They shall not enter the part of the premises serving the persons concerned, unless authorized by the President of the High Court or the Magistrate whom he delegates for that purpose." ;
4 ° In the last paragraph, the words: " The president of " Are deleted.
I. -Section 1 of Chapter II of Title I of Book II of the same Code is entitled: Networks and Services ".
II. -Article L. 33 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" Electronic communications networks and services shall be established, operated or provided under the conditions set out in this section." ;
2 ° 1 °, the words: " Article 21 of Act No. 86-1067 of 30 September 1986 on freedom of communication " Are replaced by the words: " Of Article L. 41 " ;
3 ° 2 ° is thus written:
" 2 ° Subject to the provisions of the IV of Article L. 33-1, installations using frequencies entrusted to the Conseil supérieur de l' audiovisuel and whose exclusive object is the dissemination of communication services Audiovisual. "
I. -Article L. 33-1 of the same code is thus amended:
1 ° I read as follows:
" I.-The establishment and operation of networks open to the public and the provision to the public of electronic communications services shall be free subject to prior declaration to the Regulatory Authority of Telecommunications.
" However, reporting is not required for the establishment and operation of internal networks open to the public and for the provision of electronic communications services to the public on these networks.
" The declaration shall not be made by a person who has lost, by reason of a withdrawal or suspension made pursuant to Article L. 36-11, the right to establish and operate a network open to the public or to provide the public with a service of Electronic communications or by a person who has been sentenced to one of the penalties laid down in Article L. 39
The establishment and operation of networks open to the public and the provision to the public of electronic communications services shall be subject to compliance with rules relating
: (a) The permanence, quality and availability of the network and service;
" (b) The conditions of confidentiality and neutrality with regard to transmitted messages and communications-related information;
" (c) Network and service standards and specifications;
" (d) The requirements of the protection of health and the environment and the spatial planning and urban planning objectives, including, where appropriate, the conditions of occupation of the public domain, financial guarantees or Techniques necessary for the proper execution of infrastructure works and the arrangements for the sharing of infrastructures and local roaming;
" (e) The requirements of public order, national defence and public security, including those required for the implementation of interceptions justified by the requirements of public security, as well as the guarantees A fair remuneration for the benefits provided as such;
" (f) Free delivery of emergency calls. As such, operators are required to ensure the free access of emergency services to information concerning the location of the equipment of the user's terminal, to the extent that this information is available;
" (g) Financing of the universal service and, where appropriate, the provision of universal service and compulsory services, under the conditions laid down in Articles L. 35-2 to L. 35-5;
" (h) Provision of the information provided for in article L. 34;
" (i) Interconnection and access under the conditions laid down in Articles L. 34-8 and L. 38;
" (j) The conditions necessary to ensure the equivalence of treatment of international operators in accordance with the provisions of III of this Article;
" (k) The requirements for interoperability of services;
" (l) The obligations imposed on the operator to enable its control by the Telecommunications Regulatory Authority and those necessary for the application of Article L. 37-1;
" (m) The payment of the fees payable by the operator to cover the administrative costs entailed by the implementation of the provisions of this book, under the conditions laid down by the financial laws;
" (n) Information, including on contractual terms and conditions of service provision, and protection of users.
" A decree shall lay down the rules for the application of this Article, in particular the contents of the declaration dossier, and shall specify, as appropriate, according to the different categories of networks and services, the rules referred to in a to n." ;
2 ° In the first paragraph of II, the word " Allowed " Is replaced by the word: " Declared " ;
3 ° The third paragraph of II is deleted and the III is repealed;
4 ° IV becomes III;
5 ° In the first paragraph of III, the words: " Allowed to route " Are replaced by the word: " ", and the words:" Interconnection to the French and foreign networks to which they are seeking access " Are replaced by the words: " Access to French and foreign networks " ;
6 ° In the second paragraph of III, the word " Authorized " Is replaced by the word: " ", the words:" And Article L. 34-1 " Are deleted and, after the words: " Interconnection "shall be inserted the following words:" And access " ;
7 ° restored a written IV:
" IV. -The installations mentioned in 2 ° of Article L. 33 shall be subject to declaration under the conditions laid down in the first three paragraphs of the I of this Article and shall comply with the rules referred to in i and l of I. " ;
8 ° V is being repealed.
II. -In the first and second subparagraphs of Article L. 35-6 of the Code, the words: Authorised pursuant to Articles L. 33-1 and L. 34-1 shall be determined by their specification ' Are replaced by the words: " Are determined by decree ".
I. -Article L. 33-2 of the same code is thus amended:
1 ° The first sentence of the second paragraph reads as follows:
" A decree, taken after the opinion of the Higher Commission for the Public Service of Posts and Electronic Communications, determines the general conditions for the establishment and operation of the independent networks in respect of the protection of the The requirements relating to public order, public safety and defence, and the arrangements for implementing the network to be respected by the operators. ' ;
2 ° In the fifth paragraph, the word: " Authorization " Is replaced by the word: " Declaration " And the word: " Issued " Is deleted;
3 ° The first, third, fourth, and sixth paragraphs are deleted.
II. -Article L. 33-3 of the same code is thus amended:
1 ° 1 °, 2 °, 3 ° and 4 ° are repealed;
2 ° 5 °, 6 ° and 7 ° become respectively the 1 °, 2 ° and 3 °;
3 ° In the last paragraph, the reference: 7 ° " Is replaced by the reference: " 3 ° ".
I. -Sections L. 33-4 and L. 34 to L. 34-4 of the Code are
. -Articles L. 34-5 and L. 34-7 of the same Code become respectively Articles L. 33-4 and L. 33-5, inserted in Section 1 of Chapter II of Title I of Book
. -In the second paragraph of Article L. 33-4 of the Code, the words: Define authorization procedures, " Are deleted after the words: " The interconnection "shall be inserted the words:" Or access " And reference: " L. 34-10 " Is replaced by the reference: " L. 44 ".
Section 2 of Chapter II of Title I of Book II of the same code, entitled " Directories and Information Services ", includes Article L. 34 reinstated:
" Art. L. 34. -The publication of lists of subscribers or users of electronic communications networks or services is free, subject to the protection of the rights of persons.
" Among the rights guaranteed are those for any person to be mentioned on the lists of subscribers or users published in directories or searchable via a service of information or not to be, to object to The recording of certain data concerning it to the extent compatible with the requirements of the establishment of the directories and the information services to which those lists are intended, to be informed beforehand of the purposes for which they are intended Established from these lists, directories and information services, and Opportunities for use based on research functions embedded in their electronic version, to prohibit the use of nominative information in commercial operations, and to be able to obtain And to require that they be rectified, supplemented, clarified, updated or erased, in accordance with the conditions laid down in Articles 35 and 36 of Act No. 78-17 of 6 January 1978 relating to computers, Files and freedoms.
" The prior consent of subscribers to a mobile operator is required for registration in the lists of subscribers or users established by their mobile operator, intended to be published in directories or searchable by An information service, a personal data service for them.
" On any request submitted for the purpose of publishing a universal directory or providing a universal service of information, even limited to a specific geographical area, operators shall be required to communicate, under non-discriminatory conditions and At a rate reflecting the costs of the service rendered, the list of all subscribers or users to whom they have assigned, directly or through a distributor, one or more numbers of the national telephone numbering plan provided for in Article L. 44. The data provided shall relate either to all subscribers and users of the operator or to those who are domiciled in the common or common area of the geographical area which is the subject of the request. A decree of the Council of State, taken after the opinion of the Higher Commission for the Public Service of Posts and Electronic Communications, specifies the procedures for the application of this paragraph
Disputes relating to the technical and financial conditions of the supply of the lists of subscribers provided for in the preceding paragraph may be submitted to the Telecommunications Regulatory Authority in accordance with Article L. 36-8. "
I. -Section 3 of Chapter II of Title I of Book II of the same Code is entitled: Protection of privacy of users of electronic communications networks and services ". It includes Articles L. 32-3-1, L. 32-3-2, L. 32-5, L. 32-6 and L. 33-4-1, respectively, articles L. 34-1, L. 34-2, L. 34-3, L. 34-4 and L. 34-5.
II. -Article L. 34-1 of the same code is thus amended:
1 ° I read as follows:
" I.-Electronic communications operators, and in particular persons whose activity is to provide access to communication services to the public on-line, erased or made anonymous any data relating to traffic, subject to the Provisions of II, III, IV and V. " ;
2 ° In II and III, the words: Within the limits set by the IV, " Are replaced by the words: " Within the limits set by the V, " ;
3 ° The last paragraph of III reads as follows:
" Operators may also perform traffic data processing in order to market their own electronic communications services or to provide value-added services, if expressly consented to by subscribers And for a fixed term. This period may not, under any circumstances, be greater than the period necessary for the supply or marketing of such services. They may also retain certain data to ensure the security of their networks." ;
4 ° IV becomes V;
5 ° After III, it is re-instated as follows:
" IV. -Without prejudice to the provisions of II and III and subject to the requirements of judicial investigations, data used to locate the user's terminal equipment may not be used during the communication for other purposes That its routing, or be kept and processed after the completion of the communication only with the consent of the subscriber, duly informed of the categories of data in question, the duration of the processing, its purposes and the fact that such data Will be transmitted to third-party service providers. The subscriber may withdraw at any time and without charge, except for the costs related to the transmission of the withdrawal, his or her consent. The user may suspend the given consent, by a simple and free means, except for the costs associated with the transmission of the suspension. Any call for an emergency service shall be valid with the consent of the user until the completion of the emergency operation which it triggers and only to enable it to be carried out." ;
6 ° The first paragraph of the V is thus written:
" The data kept and processed in the conditions defined in II, III and IV shall relate exclusively to the identification of persons who use the services provided by operators, on the technical characteristics of communications Provided by the latter and the location of the terminal equipment. "
III. -In Article L. 34-2 of the same code, the words: Articles L. 33-1, L. 34-1 and L. 34-2 " Are replaced by the words: " In Article L. 33-1 ".
IV. -In Article L. 34-4 of the same code, the words: L. 32-3-1, L. 32-3-2 and L. 32-5 " Are replaced by the words: " L. 34-1, L. 34-2 and L. 34-3 ".
V. Article L. 34-6 of the same code reads as follows:
" Art. L. 34-6. -At its request, any subscriber of a network open to the public may, except for a reason relating to the operation of the emergency services or the tranquillity of the call, object to the identification by its correspondents of its subscriber number. "
Article L. 34-8 of the same code reads:
" Art. L. 34-8. -I.-Interconnection or access shall be the subject of a private law agreement between the parties concerned. This Convention shall determine, in accordance with the provisions of this Code and the decisions taken for its application, the technical and financial conditions for interconnection or access. It shall be communicated to the Telecommunications Regulatory Authority at its
. Where necessary to meet the objectives set out in Article L. 32-1, the authority may impose, in an objective, transparent, non-discriminatory and proportionate manner, the terms of access or interconnection:
" (a) On its own initiative, after consulting the Competition Council, public consultation and notification to the European Commission and the competent authorities of the other Member States of the European Community; the decision shall be adopted in Procedure conditions previously published by the authority;
" (b) at the request of one of the parties, under the conditions laid down in Article L. 36-8.
" Decisions adopted pursuant to a and b shall be reasoned and shall specify the equitable technical and financial conditions in which interconnection or access must be ensured. The provisions of Article L. 36-8 shall apply to decisions taken pursuant to a.
" II. -Operators of networks open to the public shall be entitled to requests for interconnection of other operators of networks open to the public, including those established in another Member State of the European Community or in another State Party to the Agreement on the European Economic Area, presented in order to provide the public with electronic communications services.
" The application for interconnection may not be refused if it is justified on the one hand, on the one hand, the needs of the applicant, on the other hand, the ability of the operator to satisfy it. Any denial of interswitching by the operator is motivated.
" III. -Operators who control access to end users may be required to impose obligations to ensure the smooth operation and interconnection of their networks and access to services provided on other networks.
" IV. -A decree lays down the rules for the application of this Article, in particular the general conditions and charging principles to which interconnection and access agreements must comply. "
I. -Section 5 of Chapter II of Title I of Book II of the same Code is entitled: Radio and terminal equipment ".
II. -It is inserted, in section 5 of Chapter II of Title I of Book II of the same Code, Article L. 34-9-1 worded as follows: '
' Art. L. 34-9-1. -A decree defines the values not to exceed the electromagnetic fields emitted by equipment used in electronic communications networks or by the installations referred to in Article L. 33-3, where the public is Exposed.
" Compliance with these values can be verified on the spot by organisations meeting the quality requirements laid down by a decree. "
III. -Section 6 of Chapter II of Title I of Book II of the Code is repealed.
The last sentence of the last paragraph of Article L. 35-2 of the same code is Supplemented by the words: " And specifies, in particular, cases in which the tariffs of the universal service may be subject to either a multiannual framework measure or an opposition or a prior opinion of the Telecommunications Regulatory Authority. '.
I. -In Chapter IV of Title I of Book II of the same Code, a section 1 entitled " Telecommunications Regulatory Authority ", including Articles L. 36 to L. 36-14.
II. -Article L. 36-2 of the same code is thus amended:
1 ° The second subparagraph is supplemented by a sentence so worded:
" They shall be bound by the duty of secrecy with regard to the dispute settlement procedures and sanctions conducted by or before the authority and the corresponding proceedings." ;
2 ° After the second subparagraph, a paragraph shall be inserted as follows:
" In order to guarantee the independence and dignity of their functions, and for the duration of their functions, the members of the authority shall not, in their personal capacity, take any public position on matters which have been or are likely to be the subject of a Decision by the authority. "
III. -Article L. 36-6 of the same code is thus amended:
1 ° In the first subparagraph, before the words: The Authority "shall be inserted the words:" And, where such decisions have a significant effect on the broadcasting of radio and television services, after the opinion of the High Council of the Audiovisual Media, " ;
2 ° 1 °, the words: " Articles L. 33-1 and L. 34-1 " Are replaced by the words: " Of Article L. 33-1 " ;
3 ° 2 °, after the words: " Interconnection "shall be inserted the following words:" And access " ;
4 ° 3 ° is thus written:
" 3 ° The conditions of use of the frequencies and frequency bands referred to in Article L. 42; ".
Article L. 36-7 of the same code is thus modified:
1 ° 1 ° is thus written:
" 1 ° Receive the declarations provided for in Article L. 33-1; "
2 ° The last eight paragraphs shall be replaced by the 5 ° to 8 ° thus written:
" 5. Where appropriate, define multi-year framework measures of tariffs and issue a public notice on the implementation of a tariff or object to it, pursuant to Articles L. 35-2 and L. 38-1;
" 6 ° Assigns to operators and users the frequencies necessary for the exercise of their activity under the conditions laid down in Article L. 42-1 and ensures their proper use;
" 7 ° Establishes the national telephone numbering plan, gives operators the numbering resources necessary for their activity under the conditions laid down in Article L. 44 and ensures their proper use;
' 8 ° Establishes the list of operators deemed to have a significant influence on a market in the electronic communications sector and sets their obligations under the conditions laid down in Articles L. 37-1 and L. 37-2. "
Article L. 36-8 of the same code is thus modified:
1 ° In the first paragraph of the I, after the word:" Refusal "shall be inserted the words:" Or " ;
2 ° In the second paragraph of I, after the word: " Observations "shall be inserted the words:" And, where appropriate, conduct technical, economic or legal consultations or expertise respecting the confidentiality of the investigation of the dispute under the conditions laid down in this Code ", the word: Special " Is deleted and this paragraph is supplemented by a sentence so worded:
" Where the facts giving rise to the dispute are likely to significantly restrict the provision of audiovisual communication services, the authority shall obtain the opinion of the Higher Council of the Audiovisual Service, which shall take a decision within a time limit fixed by the Order in Council of State provided for in this paragraph." ;
3 ° After the second subparagraph of the I, a paragraph shall be inserted as follows:
" The Telecommunications Regulatory Authority may refuse to disclose documents involving the secrecy of cases. These pieces are then removed from the file." ;
4 ° The penultimate paragraph of the I is supplemented by a sentence so worded:
" These measures must remain strictly limited to what is necessary to deal with the emergency." ;
5 ° The first paragraph of II is thus written:
" In the event of the failure of the trade negotiations, the Telecommunications Regulatory Authority may also be seized of disputes relating to the implementation of the obligations of operators provided for in this Title, as well as those of the Chapter III of Title II, in particular those relating to: ;
6 ° 2 ° of II becomes 1 °;
7 ° 3 ° of II becomes 2 °. In this 2 °, the words: The supply of the subscriber lists provided for in Article L. 33-4 " Are replaced by the words: " The supply of the subscriber lists provided for in Article L. 34 " ;
8 ° In the last paragraph of II, the words: " At 2 ° " Are replaced by the words: " At 1 ° " ;
9 ° It is completed with a V so written:
" V. Where one of the parties is established in another Member State of the European Community and the dispute is also referred to the competent authorities of other Member States, the Telecommunications Regulatory Authority shall coordinate its Action with that of these authorities. The rules of procedure laid down in I and II shall apply, with the exception of those relating to time limits. "
I. -Article L. 36-9 of the Code is
. -Article L. 36-11 of the same code is thus amended:
1 ° 1 ° is thus written:
" 1 ° In the event of an infringement by a network operator or service provider of the provisions of this Code and of the texts and decisions taken for its application, as well as the requirements of a decision to award or assign frequency Pursuant to Article 26 of Act No. 86-1067 of 30 September 1986 on freedom of communication, the operator or supplier shall be retained by the Director of Services of the Regulatory Authority Telecommunications to comply within a specified period of time. This period may not be less than one month except in the case of serious and repeated infringements or if the operator or supplier agrees. The authority can make this notice public; "
2 ° 2 ° is thus written:
" A) Depending on the severity of the default:
" -the total or partial suspension, for a maximum of one month, of the right to establish an electronic communications network or to provide an electronic communications service, or the withdrawal of that right, within the three-year limit;
" -the total or partial suspension, for a maximum of one month, of the reduction of the duration within the limit of one year or the withdrawal of the award or assignment decision pursuant to Articles L. 42-1 or L. 44. ' ;
3 ° A the penultimate paragraph of 2 °, after the word: " File ", are inserted the words:" And, where appropriate, the results of investigations or examinations conducted by the authority " And the words: " The operator " Are replaced by the words: " The person in question " ;
4 ° 3 ° and 4 ° become respectively 4 ° and 5 °;
5 ° After 2 °, it is restored a 3 ° thus written:
" 3 ° In the event of serious and immediate infringement of the rules referred to in the first subparagraph of this Article, the Telecommunications Regulatory Authority may order, without prior notice, provisional measures. The authority may, where appropriate, confirm the provisional measures, after giving the person concerned the opportunity to express his or her views and propose solutions; "
6 ° The last paragraph is deleted;
7 ° It is completed By a 6 ° thus written:
" Where a failure to comply with the provisions of this Article is likely to result in serious injury to an operator or to the market as a whole, the President of the Telecommunications Regulatory Authority may Ask the President of the Dispute Section of the Council of State, acting in an interim order, to order the person responsible to comply with the applicable rules and decisions and to remove the effects of the infringement; the judge may take, even Office, any precautionary measure and impose a penalty payment for the performance of His order. "
III. -After the first sentence of the first subparagraph of Article L. 36-14 of the Code, a sentence so worded is inserted:
" It provides an analysis of the main decisions taken by the regulatory authorities for electronic communications in the Member States of the European Community over the past year, with a view to enabling the establishment of a Comparison of the different types of controls exercised and their impact on the markets. "
IV. -The same Article is thus amended:
1 ° The second paragraph reads as follows:
" The authority shall report on its activities, in particular the progress achieved in relation to the objectives referred to in Article L. 32-1, before the standing committees of the relevant Parliament, at their request. The latter may consult the authority on any matter within its competence." ;
2 ° The last sentence of the last paragraph reads as follows:
" For this purpose, the operators who have made the declaration provided for in Article L. 33-1 shall be obliged to provide it with statistical information concerning the use, the coverage area and the terms of access to their service. "
"Section 2
" Provisions for operators having a significant influence on a market in the electronic communications sector
" Art. L. 37-1. -The Telecommunications Regulatory Authority shall determine, in particular with regard to obstacles to the development of effective competition, and after the advice of the Competition Council, the relevant electronic communications sector, For the purposes of applying Articles L. 38, L. 38-1 and L. 38-2.
" After analysing the state and the foreseeable development of competition in these markets, the authority shall, after consulting the Competition Council, draw up a list of operators which are deemed to have a significant influence on each of those markets, in the sense of The provisions of the following paragraph.
" Any operator who, individually or jointly with others, is in a position equivalent to a dominant position shall be deemed to have a significant influence on a market in the electronic communications sector. Allowing it to behave independently of its competitors, customers and consumers. In this case, the operator may also be deemed to have a significant influence on another market closely related to the first.
" A decree shall specify the procedures for the application of this Article, in particular the conditions for the renewal and the minimum frequency of the analyses referred to in the first subparagraph, and the cases in which the authority is held, having regard to the Duties of the Conseil supérieur de l' audiovisuel, to collect the opinion of the latter.
" Art. L. 37-2. -The Telecom Regulatory Authority fixed by motivating:
" 1 ° Obligations under Article L. 34-8;
" 2 ° The obligations of operators deemed to have a significant influence on a market in the electronic communications sector provided for in Articles L. 38 and L. 38-1.
" These obligations shall apply for a limited period of time fixed by the authority, provided that a new analysis of the relevant market carried out pursuant to Article L. 37-1 does not render them null and void.
" Art. L. 37-3. -The Telecommunications Regulatory Authority shall inform the European Commission and the competent authorities of the other Member States of the European Community of the decisions it intends to take, pursuant to Articles L. 37-1 and L. 37-2, which may have an effect on trade between Member States.
" The authority shall adopt the decisions envisaged pursuant to Article L. 37-1 if the European Commission indicates that they are an obstacle to the single market or are incompatible with Community law. It shall waive their adoption if requested by the Commission by a reasoned opinion, accompanied by proposals for
. In exceptional circumstances, where the Minister responsible for electronic communications or the Telecommunications Regulatory Authority considers it urgent to act, by way of derogation from the procedures laid down in the two preceding paragraphs, In order to preserve competition and protect the interests of users, they may immediately adopt proportionate measures which are applicable only for a limited period.
" A decree shall lay down the rules for the application of this Article
Art. L. 38. -I.-Operators deemed to have a significant influence on a market in the electronic communications sector may be required, in respect of interconnection and access, one or more of the following obligations, proportionate to the Achievement of the objectives referred to in Article L. 32-1:
" 1 ° Make public information concerning interconnection or access, including publishing a detailed technical and tariff offer for interconnection or access where they are subject to non-discrimination obligations; the Authority Regulation of telecommunications may impose, at any time, amendments to such an offer in order to bring it into conformity with the provisions of this Code. The operator shall communicate to the Telecommunications Regulatory Authority any necessary information;
" 2 ° Provide interconnection or access benefits under non-discriminatory conditions;
" 3 ° Make reasonable requests for access to network elements or means associated with them;
" 4 ° Do not charge excessive or predatory pricing in the relevant market and charge rates reflecting the corresponding costs;
" 5 ° Isolate on the chart of accounts certain activities relating to interconnection or access, or keep an accounting of services and activities to verify compliance with the obligations imposed under this Article; compliance with These requirements shall be verified, at the operator's expense, by an independent body designated by the authority;
" 6. Where appropriate, in exceptional circumstances, comply with all other obligations defined, after agreement of the European Commission, with a view to removing or mitigating the obstacles to the development of effective competition identified in the Market analysis under Article L. 37-1.
" II. -Operators deemed to have a significant influence on the market for connection to fixed telephone networks open to the public shall be obliged to provide all operators with the interconnection and access benefits necessary for their Subscribers may, at a reasonable rate, pre-select the telephone service to the public of that carrier and, by appeal, rule out any screening choices by calling a short prefix; the rates of these benefits reflect the costs Corresponding.
" III. -The authority may impose on a reputable trader a significant influence in a market mentioned in the I to revise the contracts and conventions in progress on the date of promulgation of Law No. 2004-669 of 9 July 2004 on communications Which it has concluded, in the context of the exclusive rights entrusted to it, with the companies referred to in Articles 44 and 45 of Law No. 86-1067 of 30 September 1986 on freedom Communication, for the transmission and dissemination of their programs.
" IV. -The obligations under this Article shall be established, maintained or deleted, taking into account the market analysis provided for in Article L. 37-1.
" At the time of the review of the analysis of a contract, the authority shall publish an assessment of the actual results, having regard to the objectives pursued, of the measures decided on under the previous
. V. In its assessment of the proportionality of the access obligations which it is liable to impose pursuant to the 3 ° of the I, the authority shall take into account, in particular, the following:
' (a) The technical and economic viability of using or implementing competing resources, taking into account the pace at which the market is changing and the nature and type of interconnection and access concerned;
" (b) The feasibility of the proposed access, taking into account the available capacity;
" (c) The initial investment by the owner of the resources, without neglecting the risks inherent in the investment;
(d) The need to maintain long-term competition;
(e) Where appropriate, any relevant intellectual property rights;
" (f) The provision of pan-European
. VI. -A decree shall lay down the procedures for the application of this Article and specify the obligations referred to in the 1 ° to 5 ° of I.
" Art. L. 38-1. -I.-Operators deemed to have a significant influence on a retail market in the electronic communications sector may, where the application of Article L. 38 does not achieve the objectives referred to in Article L. 32-1, shall be imposed one or more of the following obligations, proportionate to the achievement of those objectives and established taking account of the nature of the obstacles to the development of effective competition identified in the analysis of the market Under Article L. 37-1:
" 1 ° Provide retail benefits under non-discriminatory conditions; do not unduly link such benefits;
" 2 ° Do not engage in excessive or predatory pricing in the relevant market; perform tariffs reflecting the corresponding costs; respect a multi-annual framework of the tariffs defined by the Telecommunications Regulatory Authority; provide for The communication of tariffs to the Telecommunications Regulatory Authority prior to their implementation, to the extent that such tariffs are not controlled pursuant to Article L. 35-2; the authority may object to the implementation of a Tariff communicated to it pursuant to this paragraph by a decision Explaining the analyses, in particular economic analyses, which underlie its opposition;
" 3 ° Keep an accounting of services and activities to verify compliance with the obligations laid down in this Article; compliance with these requirements shall be verified, at the expense of the operator, by an independent body designated by Authority.
" II. -The obligations under this Article shall be established, maintained or deleted, taking into account the market analysis provided for in Article L. 37-1.
" They shall not apply to emerging markets, in particular those created by technological innovation, unless the objectives referred to in Article L. 32-1 are infringed. In this case, the Telecommunications Regulatory Authority may impose the obligations provided for in this Article only by a reasoned decision, indicating on a case by case basis those of the objectives to which it is infringed, and justifying the adequacy of the Imposed obligations.
" III. -A decree shall lay down the rules for the application of this Article
Art. L. 38-2. -The operators considered, pursuant to Article L. 37-1, as having a significant influence on all or part of the market for the supply of the minimum set of leased links referred to in Article 18 of Directive 2002 /22/EC of the European Parliament and of the Council of 7 March 2002 on the universal service and the rights of users in relation to electronic communications networks and services (Universal Service Directive) are obliged to provide such links in Technical and tariff conditions fixed by decree.
" Art. L. 38-3. -Any opposition decision taken pursuant to Article L. 35-2 and Article L. 38-1 may be the subject of an action for annulment or reformation within two months of its publication. It may be the subject of a request for suspension submitted in accordance with the provisions of Article L. 521-1 of the Administrative Justice Code before the Council of State, which shall take a decision within 15 days of the registration of the Request and which may order any measures necessary for the restoration of legality. "
Chapter V of Title I of Book II of the same Code is thus amended:
1 ° Article L. 39 is thus drafted :
" Art. L. 39. -Is punishable by one year's imprisonment and a fine of 75 000 EUR the fact:
" 1 ° To establish or establish a network open to the public, without the declaration provided for in Article L. 33-1, or to maintain it in breach of a decision to suspend or withdraw the right to establish such a network;
" 2 ° To provide or cause to be supplied to the public or to market an electronic communications service, without the declaration provided for in Article L. 33-1, or to maintain it in breach of a decision to suspend or withdraw the electronic communications service. Right to provide such a service." ;
2 ° 1 ° of Article L. 39-1 is thus written:
" 1 ° To maintain an independent network in breach of a decision to suspend or withdraw the right to establish such a network; '
3 ° 2 ° and 3 ° of Article L. 39-1, the reference: ' L. 89 " Is replaced by the reference: " L. 41-1 " ;
4 ° The first paragraph of Article L. 39-2 is deleted;
5 ° A l' article L. 39-2, the reference: L. 32-5 " Is replaced by the reference: " L. 34-3 " ;
6 ° In the first paragraph of Article L. 39-2-1, the words: The second paragraph " Deleted;
7 ° The II of Article L. 39-3 is repealed;
8 ° A l' article L. 39-6, the words: " To apply for a period of not more than two years in accordance with Articles L. 33-1 and L. 34-1 " Are replaced by the words: " , for a period of not more than three years, to establish a network open to the public or to provide the public with an electronic communications service " ;
9 ° Articles L. 43, L. 44 and L. 45 respectively become Articles L. 39-7, L. 39-8 and L. 39-9;
10 ° A l' article L. 39-8, the words: " , at a station of the public operator or at a private station authorized by the Minister of Post and Telecommunications, " Are replaced by the words: " Or another authorized station " ;
11 ° A l' article L. 39-9, the words: L. 42 and L. 44, by Title IV " Are replaced by the words: " L. 39-8 " ;
12 ° It is inserted after Article L. 39-9, Article L. 39-10 reads as follows:
Art. L. 39-10. -Legal persons may be declared criminally responsible, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences defined in Articles L. 39, L. 39-1 and L. 39-3
The penalties for legal persons are:
" 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
" 2 ° The penalty referred to in Article 131-39 of the Penal Code, for a period of not more than five years;
" 3 ° The penalty referred to in article 131-39 of the Criminal
. The prohibition referred to in the 2 ° of Article 131-39 of the Criminal Code covers professional activity in the exercise or in the exercise of which the offence was committed." ;
13 ° In Article L. 40, the words: " Telecommunications administration " Are replaced by the words: " The Department for Electronic Communications " ;
14 ° In the second paragraph of the same article, the reference: L. 89 " Is replaced by the reference: " L. 41-1 ".
Title II of Book II of the Code is entitled: Resources and police ". It is thus amended:
1 ° Articles L. 45-1 to L. 53 are inserted in a section 1 of chapter I entitled " Occupancy of public domain and easements on private property " ;
2 ° Sections 1, 2 and 3 of Chapter II become sections 2, 3 and 4 respectively of Chapter I;
3 ° Chapter II is repealed;
4 ° Prior to Chapters I, III and IV, which become Chapters III, IV and V respectively, Shall be inserted a new chapter entitled " Radio frequencies " And a new Chapter II entitled " Numbering and Addressing " ;
5 ° The new chapter Ier contains a section 1 entitled " General provisions ", a section 2 entitled" Specific provisions for radio frequencies assigned to the Telecommunications Regulatory Authority " And a section 3 entitled " National Frequency Agency ".
I. -Section 1 of Chapter I of Title II of Book II of the same Code includes Articles L. 41, L. 41-1, L. 41-2 and L. 41-3.
II. Article L. 41 of the same code is thus reinstated:
" Art. L. 41. -The Prime Minister shall, after the opinion of the Higher Audiovisual Council and the Telecommunications Regulatory Authority, define the frequencies or bands of radio frequencies allocated to the administrations of the State and those Whose assignment is entrusted to the board or authority. "
III. Article L. 89 of the same code becomes Article L. 41-1. It is thus amended:
1 ° In the second subparagraph, the words: Article 21 of Act No. 86-1067 of 30 September 1986 on freedom of communication " Are replaced by the words: " Article L. 41 " ;
2 ° It is complemented by a paragraph so written:
" The use by licensees of radio frequencies available in the territory of the Republic constitutes a mode of private occupation of the public domain of the State. "
IV. Article L. 41-2 of the same code reads as follows:
" Art. L. 41-2. -Without prejudice to the second subparagraph of Article 30 (1) of Act No. 86-1067 of 30 September 1986 on freedom of communication, the holders of the authorisations referred to in Article L. 41-1 shall bear the full cost of the Necessary adjustments to the provision of the frequencies assigned to them. The pre-financing of part of this expenditure may be provided by the Spectrum Redevelopment Fund managed by the National Frequency Agency.
" The amount and the arrangements for the allocation of the contributions referred to in the preceding paragraph shall be fixed by the National Frequency Agency in accordance with the conditions laid down by a decree of the Council of State. "
V. Article L. 41-3 of the same code reads as follows:
" Art. L. 41-3. Article L. 41 applies in New Caledonia, in French Polynesia, in the Wallis and Futuna Islands and in the French Southern and Antarctic Lands. Pursuant to this Article, the Prime Minister shall determine the frequencies or frequency bands allocated to the governments of New Caledonia and French Polynesia. "
I. -Section 2 of Chapter I of Title II of Book II of the Code includes Articles L. 42 to L. 42-4.
II. -Articles L. 42 to L. 42-3 of the Code read as follows: '
' Art. L. 42. -For each of the frequencies or bands of radio frequency assigned to it pursuant to Article L. 41, the Telecommunications Regulatory Authority shall, under the conditions laid down in Article L. 36-6
1 ° The type of equipment, network or service to which frequency or frequency band use is reserved;
" 2 ° Technical conditions for the use of frequency or frequency band;
" 3 ° Cases in which the authorisation for use is subject to the declaration provided for in Article L. 33-1.
" Art. L. 42-1. -I.-The Telecommunications Regulatory Authority shall award authorisations for the use of radio frequencies in objective, transparent and non-discriminatory conditions, taking into account the spatial planning needs of the territory. Such authorizations may be refused by the Telecommunications Regulatory Authority only for one of the following reasons:
" 1. Safeguarding public order, the needs of national defence or public security;
" 2 ° The proper use of frequencies;
" 3 ° The technical or financial inability of the applicant to meet the obligations arising from the conditions for carrying out his activity on a long-term basis;
" 4 ° The applicant's conviction for one of the sanctions referred to in Articles L. 36-11, L. 39, L. 39-1 and L. 39-4.
" II. -The authorization specifies the conditions of use of the frequency or frequency band on:
" 1 ° The nature and technical characteristics of the equipment, networks and services which may use the frequency or frequency band and their conditions of permanence, quality and availability and, where appropriate, their timetable Deployment and their coverage area;
" 2 ° The duration of the authorisation, which cannot be longer than twenty years, and the minimum period in which the holder is notified of the conditions for renewal of the authorisation and the grounds for refusal of renewal; this period must be Proportionate to the duration of the authorisation and take into account the level of investment required for the efficient operation of the frequency or frequency band allocated;
" 3 ° Royalties payable by the holder of the authorisation, where such fees have not been fixed by decree;
" 4 ° The technical conditions necessary to avoid harmful interference and to limit public exposure to electromagnetic fields;
" 5 ° Obligations arising from international agreements relating to the use of frequencies;
" 6 ° The commitments made by the holder in the context of the call for applications referred to in Article L. 42-2
The time limits for granting authorisations and notification of the conditions for their renewal, as well as the obligations imposed on the holders of authorisations to enable control by the Telecommunications Regulatory Authority of Conditions for the use of frequencies are fixed by decree.
" Art. L. 42-2. -Where the proper use of the frequencies so requires, the Telecommunications Regulatory Authority may, after public consultation, limit, to a measure allowing for effective competition conditions, the number of authorisations of Use them.
" The Minister responsible for electronic communications shall lay down, on a proposal from the Telecommunications Regulatory Authority, the conditions for the allocation and modification of the authorisations for use corresponding to those frequencies and the Duration of the award procedure, which may not exceed a time limit fixed by decree.
" The selection of the holders of such authorisations shall be by means of a call for applications on criteria relating to the conditions of use referred to in Article L. 42-1 or on the contribution to the achievement of the objectives referred to in Article L. 32-1.
" The Telecommunications Regulatory Authority shall conduct the selection procedure and assign the corresponding frequencies.
" The Minister may provide that one of the selection criteria is the amount of the fee the candidates undertake to pay if the frequency or frequency band is assigned to them.
" The amount and manner of payment of the royalties due for the frequencies assigned under this Article may derogate from the provisions of Article L. 31 of the State Domain Code.
" Art. L. 42-3. -The Minister responsible for electronic communications shall adopt the list of frequencies or frequency bands whose authorisations may be assigned.
" Any draft transfer shall be notified to the Telecommunications Regulatory Authority. Where a project relates to a frequency assigned under Article L. 42-2 or is used for the exercise of public service missions, the assignment shall be subject to approval by the authority.
" A decree of the Council of State shall lay down the procedures for the application of this Article, in particular:
" 1 ° The above-mentioned notification and approval procedures;
" 2 ° The conditions under which the authority may object to the proposed assignment or set it with requirements designed to ensure compliance with the objectives referred to in Article L. 32-1 or the continuity of the public service;
" 3 ° The cases in which the assignment must be accompanied by the issuance of a new authorization to use and the withdrawal or modification of an existing authorization;
" 4. The rights and obligations transferred to the beneficiary of the assignment as well as those which, if any, remain in the hands of the assignor. "
III. Article L. 90 of the same code becomes Article L. 42-4. It is supplemented by a paragraph worded as follows:
" The Minister shall also lay down the arrangements for the allocation and withdrawal of the codes of international series used by radio stations authorized under this Code. "
Article L. 97-1 of the Code becomes Article L. 43 and is inserted in Section 3 of Chapter I of Title II of Book II. It is thus amended:
1 ° In the second paragraph of the I, the words: " Article 21 of Act No. 86-1067 of 30 September 1986 on freedom of communication " Are replaced by the words: " Of Article L. 41 " ;
2 ° The fourth paragraph of I reads as follows:
" It coordinates the implementation in the national territory of radio stations of all kinds in order to ensure the best use of the available sites and ensures compliance with the limit values of exposure of the public to the fields Electromagnetic fields referred to in Article L. 34-9-1. To this end, implementation decisions can only be taken with the agreement or, where they fall within the competence of the Higher Audiovisual Council, after its opinion. The Board shall be bound by this notice when it is based on a ground based on respect for the exposure limit values." ;
3 ° IV is thus written:
" IV. -Agency resources include remuneration for services rendered, portfolio revenues, public subsidies, and proceeds of donations and bequests. The Agency collects contributions from public or private individuals for the purpose of spectrum redevelopment for the benefit of the spectrum redevelopment fund. "
I. -Article L. 45-1 of the same code is thus amended:
1 ° In the first subparagraph, the words: Operators holding the authorisation provided for in Article L. 33-1 " Are replaced by the words: " Network operators open to the public " ;
2 ° In the second paragraph, the words: " Operators holding the authorisation provided for in Article L. 33-1 " Are replaced by the words: " Operators of electronic communications networks " ;
3 ° After the second subparagraph, a paragraph shall be inserted as follows:
" A decree of the Council of State shall determine the maximum amount of the charges associated with the occupation of the non-road public domain." ;
4 ° After the second subparagraph, a paragraph shall be inserted as follows:
" The price charged for the occupation or sale of all or part of the bulls reflects the costs of building and maintaining them. "
II. -In the first paragraph of Article L. 46 of the Code, the words: Authorized to establish " Are replaced by the word: " ".
III. -Article L. 47 of the same code is thus amended:
1 ° The second paragraph is thus amended:
a) The words: Authorized operators " Are replaced by the words: " Network operators open to the public " ;
b) It is supplemented with the following words: " , protection of the environment and respect for the rules of town planning " ;
2 ° After the fourth paragraph, a paragraph shall be inserted as follows:
" The authority referred to in the first subparagraph shall be pronounced within two months on requests for road permission. "
IV. -Article L. 48 of the same code is thus amended:
1 ° The first subparagraph is replaced by four sub-paragraphs thus written:
" The easement referred to in L. 45-1 shall be instituted for the purpose of installing and operating the network equipment:
" (a) In the parts of public buildings and subdivisions assigned to common use;
" (b) On the ground and in the basement of the unbuilt properties;
" (c) Above private property to the extent that the operator merely uses the installation of a third party with easements without compromising, where appropriate, the specific public service mission entrusted to that third party." ;
2 ° In the third paragraph, the words: " In the second paragraph " Are replaced by the words: " In the preceding paragraph ".
V.-In the first paragraph of Articles L. 56-1 and L. 62-1 of the Code, the words: Operators authorised pursuant to Article L. 33-1 " Are replaced by the words: " Network operators open to the public ".
VI. Article L. 60 of the Code is repealed.
VII. -In the first and second paragraphs of Article L. 63 of the same Code, the words: Of chapter I " Are replaced by the words: " Section 1 of this chapter ".
VIII. -In the first paragraph of Article L. 64 of the Code, the words: Chapter II " Are replaced by the words: " Sections 2 and 3 of this chapter ".
IX. -Article L. 95 of the same Code becomes Article L. 65-1, reinstated in Chapter IV, Section 1 of Title II of Book II.
X. -Titles VI and VII of Book II of the same code are repealed.
In Article 3 of Law No. 86-1067 of 30 September 1986 on freedom of communication, the word: Telecommunication " Is replaced by the words: " Electronic communications ".
In the first paragraph of section 6 of the Act, the words:" , 27 and the second paragraph of Article 34 " Are replaced by the words: "
Section 10 of the Act is repealed.
In the first paragraph of Article 12 of the same Law, the words: " Or cablecasting of audiovisual communication services " Are replaced by the words: " Or distribution of radio and television services by an electronic communications network within the meaning of Article L. 32 of the postal code and electronic communications ".
In the fifth paragraph of section 15 of the Act, the words:" Audio and television broadcasting services " Are deleted.
Section 16 of the Act reads as follows:
" Art. 16. -The Conseil supérieur de l' audiovisuel sets out the rules concerning the conditions of production, programming and broadcasting of the broadcasts relating to the election campaigns that the companies referred to in Article 44 are required to produce and Program. The benefits provided in this regard shall be the subject of provisions inserted in the
. For the duration of election campaigns, the Board shall make recommendations to publishers of radio and television services that are authorized or have entered into an agreement under this Act. "
In the first paragraph of section 16-1 of the Act, references are:" 1 °, 2 °, 3 ° and 4 ° " Are replaced by references: " I and III ".
I. -In the first paragraph of Article 17 of the same Law, the words: "Audiovisual communication" Are replaced by the words: " Of radio and television ".
II. -In Article 20 (1) of the same Law, the words: Audio or television broadcasting services " Are replaced by the words: " Radio or television services ".
After Article 17 of the same Law, a Article 17-1 shall be inserted :
" Art. 17-1. -The Conseil supérieur de l' audiovisuel may be seized by an editor or by a distributor of services, by one of the persons mentioned in Article 95 or by a provider to whom those persons make use, of any dispute relating to the distribution A radio or television service, including the technical and financial conditions for making available to the public of that service, where such a dispute is likely to affect the pluralistic nature of the expression of the currents of Thinking and opinion, safeguarding public order, public service requirements, The protection of the young public, the dignity of the human person and the quality and diversity of the programmes, or where this dispute concerns the objective, fair and non-discriminatory nature of the conditions for making available the Public about the offering of programs or contractual relationships between an editor and a service distributor.
" The Council shall decide within a period of two months, which it may extend to four months if it considers it useful, after having put the parties in a position to submit their observations. In respect of the secrets protected by the law, it may also invite interested third parties to submit observations relevant to the settlement of the dispute
The decision of the Council shall specify the conditions for ensuring compliance with the obligations and principles referred to in the first subparagraph. Where appropriate, the Board shall amend the authorizations issued
. Where the facts underlying the dispute are liable to restrict the supply of electronic communications services, the Council shall obtain the opinion of the Telecommunications Regulatory Authority, which shall take a decision within one month. Where these facts are likely to constitute an infringement of the provisions of Title II of Book IV of the Commercial Code, he shall refer the matter to the Competition Council. In such a case, the period referred to in the second paragraph shall be suspended until the Competition Council has ruled on its
. A decree of the Council of State shall lay down the rules for the application of this Article. "
The fourth paragraph of Article 19 of the Act is replaced by two sub-paragraphs:
" -to the administrations, producers of audiovisual and cinematographic works, persons mentioned in Article 95 and publishers and distributors of audiovisual communication services, all necessary information To ensure compliance with the obligations imposed on them;
" -from satellite network operators, all the information necessary for the identification of the editors of the transported television services; ".
Title II of the Act is entitled: " Audiovisual communication services ".
Article 21 of the same law reads as follows:
" Article 21. -As stated in Article L. 41 of the Code of Posts and Electronic Communications, the Prime Minister shall, after the opinion of the Higher Audiovisual Council and the Telecommunications Regulatory Authority, define the frequencies or bands Of radio frequencies allocated to the administrations of the State and those whose assignment is entrusted to the Council or the authority. "
Section 23 of the same Act is thus amended:
1 ° The first paragraph reads as follows:
" Where an electronic communications service uses frequencies or frequency bands assigned to the Senior Audiovisual Council pursuant to Article L. 41 of the Code of Posts and Communications Electronic means, the authorisation for the use of the radio resource shall be given by the Council only after the assent of the Telecommunications Regulatory Authority. ' ;
2 ° It is complemented by a paragraph so written:
" The provisions of this Article shall not apply to electronic communications services used for the broadcasting of audiovisual communication services. "
Before the last paragraph of Article 25 of the Act, a paragraph shall be inserted as follows:
" It may also, in order to promote the rapid development of terrestrial terrestrial television in digital mode, amend the authorisations and subpoenas issued pursuant to Articles 30-1 and 30-2 in order to consolidate Or several radio resources of service publishers who do not rely on user compensation. "
The 12 ° of section 28 of the same law is supplemented by a sentence so written:
" However, exceptional local stalls authorized by the Conseil supérieur de l' audiovisuel, under conditions laid down by decree, may contain advertising messages broadcast throughout the national territory. "
After 15 ° of section 28 of the Act, it is inserted into a 16 ° reading:
" 16 ° The dissemination of programmes devoted to scientific, technical and industrial culture. "
In the second paragraph of section 28 of the Act, the words:" Digital television " Are replaced by the words: " Digital radio and television ".
Article 28 of the same law reads as follows:
" 14 ° The methods of rebroadcasting, in whole or in part, by a network of electronic communications within the meaning of Article L. 32 of the Code of Postal and Electronic Communications, of the television service in several programmes, in Conditions laid down by decree. However, within a third of their broadcasting time, these broadcasts may include different programmes of the main programme from which they are derived. They must be carried out according to the same principle as regards the use of remuneration on the part of users. The obligations referred to in the 3 ° and 4 ° of Article 27 shall then generally bear on the service, and the obligations referred to in 1 °, 2 ° and 5 ° of that article shall relate to each of the programmes the constituent; ".
Section 28-1 of the Act is thus amended:
1 ° The first paragraph of the I reads as follows:
" The duration of authorisations issued pursuant to Articles 29, 29-1, 30, 30-1 and 30-2 shall not exceed ten years. However, for analogue radio services, it may not exceed five years. Such authorisations shall be issued by the Higher Audiovisual Council within eight months of the closing date for the receipt of applications by publishers or service distributors. ' ;
2 ° In the second paragraph of I, the words: " Articles 29, 30, 30-1 and 33-2 " Are replaced by the words: " Articles 29, 29-1, 30 and 30-1 " ;
3 ° In the seventh paragraph of the I, the words: " For which the authorization was granted " Are replaced by the words: " For which it is allowed " ;
4 ° In the first and last paragraphs of II, the words: " Of Article 30-1 " Are replaced by the words: " Articles 29-1 and 30-1 " And the words: " Articles 29, 30 or 33-2 " Are replaced by the words: " Of Articles 29 or 30 " ;
5 ° In the last paragraph of II, the words: " Articles 29, 30, 30-1 and 33-2 " Are replaced by the words: " Sections 29, 29-1, 30 and 30-1 ".
In section 28-3 of the Act, after the reference:" 29, ', the reference shall be inserted: ' 29-1, ".
After section 28-3 of the Act, a section 28-4 reads as follows:
" Article 28-4. -Prior to the right of use of the radio resource for the digital broadcasting of radio services, the Conseil supérieur de l' audiovisuel conducts a public consultation on the use of the spectrum Radio when these assignments are likely to have a significant impact on the radio landscape. It makes the findings of this consultation public.
" On the basis of this consultation and according to the availability of the radio resource allocated to the broadcasting of terrestrial radio services and the technical use standards adopted, the Conseil supérieur de l' audiovisuel Determine the terms and conditions for the allocation of the resource and the terms and conditions of the applications. In particular, it indicates whether application declarations are submitted by service publishers for the purposes of Article 29, Article 29-1 and Article 29-2 or by service distributors for the application of Article 29 (1). Section 29-1.
" The Senior Audiovisual Council shall consult further if it considers it necessary, in particular due to the availability of new radio resources or the development of broadcasting technologies. "
Section 29 of the same Act is thus amended:
1 ° In the second paragraph, the words:" The council shall publish a call for applications " Are replaced by the words: " The board publishes a list of available frequencies as well as a call for applications " ;
2 ° In the fourth paragraph, after the words: " The general characteristics of the service, ' shall be inserted the words: ' The frequency (s) the candidate wishes to use, " ;
3 ° The fifth paragraph is supplemented by the words: " Whose file is admissible " ;
4 ° The sixth and seventh paragraphs are deleted;
5 ° After 5 °, it is inserted a 6 ° so written:
" 6 ° For services whose musical programs constitute a significant proportion of programming, proposed provisions for musical diversity, in particular the variety of works, performers, new Programmed talents and their programming conditions. "
Section 29-1 of the Act is renumbered as section 29-3. It is thus amended:
1 ° In the first sentence of the first subparagraph, the words: " In Article 29 " Are replaced by the words: " Articles 29 and 29-1 " ;
2 ° The first paragraph is supplemented by a sentence so worded:
" They may also, at the request of the Board, participate in the appraisal of applications for authorisations referred to in Articles 30 and 30-1 concerning local television services and participate in the enforcement of obligations Contained in permissions." ;
3 ° In the second paragraph, the words: " Sound broadcasting " Are replaced by the words: " Radio and television ".
After section 29 of the Act, it is reinstated a section 29-1 and inserted an article 29-2 thus written:
" Article 29-1. -Subject to Article 26, the broadcasting of terrestrial terrestrial radio services in digital mode shall be subject to the following provisions when these services use the same radio
. I.-For the geographical areas and the categories of services it has previously determined, the Conseil supérieur de l' audiovisuel publishes a list of available frequencies as well as a call for applications. It sets out the period within which applications must be filed and the information to be provided to it by the candidates. It specifies the conditions under which application declarations can relate to part of the geographical areas of the call.
" Statements of applications shall be submitted by a person referred to in the third paragraph of Article 29. They shall indicate, where appropriate, the data associated with the radio service intended to enrich it or to supplement it and the broadcasting of audiovisual communication services other than
. For declarations of applications filed by service distributors, the Conseil supérieur de l' audiovisuel also indicates the number of radio services that an offer may contain and, where applicable, for the categories of services The Conseil supérieur de l' audiovisuel determines, the obligations relating to the composition of the service
. At the end of the period provided for in the first subparagraph of this I, the Conseil supérieur de l' audiovisuel shall adopt the list of candidates whose file is admissible. It may proceed to their public hearing.
" II. -The Conseil supérieur de l' audiovisuel grants authorisations for the use of the radio resource to the service publishers by appreciating the interest of each project in the light of the priority requirements referred to in Article 29 and the criteria Mentioned in the 1 ° to 5 ° of the same item.
" The Conseil supérieur de l' audiovisuel grants the right of use to terrestrial over-the-air radio services in digital mode, also taking into account the consistency of the proposals put forward by candidates in the field of digital terrestrial broadcasting. Technical and commercial bundling with other services. Within the limits of the availability of radio resources, it shall give priority to radio services previously authorised in analogue mode on the basis of Article 29 which are received in the same geographical
. To the extent of the radio resource available and in view of the proposals for regrouping formulated by the candidates, the Conseil supérieur de l' audiovisuel specifies how often the right of use granted to each service is exercised. Ensuring the technical and business consistency of the resulting bundles.
" The companies responsible for ensuring the technical operations necessary for the transmission and distribution of the services authorised on the same frequency with the public shall be designated and authorised under the conditions laid down in Article 30-2.
" The services already authorised in analogue mode, in accordance with Article 29, subject to authorisation to issue in digital mode, on the occasion of the first calls for applications by the Supreme Council of the Audiovisual Provisions of this Article, shall be granted a full extension of their authorizations to operate in analog mode of five years.
" III. -The Conseil supérieur de l' audiovisuel grants authorisations for the use of the radio resource to service distributors for the making available to the public of an offer of radio services by appreciating the interest of each offer of Services in relation to the priority requirements referred to in Article 29. For the implementation of the provisions of Article 26, the Higher Audiovisual Council shall ensure the exercise of the right of use of the radio resources of the companies referred to in Article 44 by at least one of the distributors of Services.
" Within the limits of the availability of radio resources, authorisations are subject to obligations for the resumption of radio services previously authorised in analogue mode on the basis of Article 29 which are received in the same zone And who request it. The Conseil supérieur de l' Audiovisuel may also attach to the authorisations for the resumption of radio services which it determines taking into account the priority requirements referred to in Article 29 and the criteria mentioned in the 1 ° to 5 ° of the Article and with which it has entered into a convention. These recoveries are made under fair, reasonable and non-discriminatory technical and financial conditions.
" The authorizations include the elements to ensure the fair, reasonable and non-discriminatory conditions of the use of the radio resource by the service publishers. They shall also include the elements referred to in Article 25
Services under contract shall be regarded as services authorised for the application of Articles 28-1, 32 and 35 to 42-15.
" Any modification of the elements in the light of which the authorisation was granted to the distributor of services must be notified to the Conseil supérieur de l' audiovisuel.
" Article 29-2. -The Conseil supérieur de l' audiovisuel may issue, out of call for applications and on the same radio resource, the authorisation to ensure the full and simultaneous distribution in digital mode of a service previously authorised on the basis of Section 29 in analog mode. This authorisation shall be assimilated to the initial authorisation of which it is merely an extension. "
Section 30 of the Act is thus amended:
1 ° In the third paragraph, the words:" By a commercial company or by an association referred to in the third paragraph of Article 29 " Are replaced by the words: " By a commercial company, including a local mixed economy company or a cooperative society of collective interest, or by an association referred to in the third paragraph of Article 29, or by a public institution of cultural cooperation " ;
2 ° The fourth paragraph is thus written:
" At the end of the period referred to in the second subparagraph, the Conseil supérieur de l' audiovisuel shall adopt the list of candidates whose file is admissible. After public hearing of the latter, the Council shall grant the authorisation by appreciating the interest of each project for the public in the light of the priority requirements referred to in the sixth paragraph of Article 29. "
Section 30-1 of the Act is thus amended:
1 ° In the first paragraph of II, the words:" As a company " Are replaced by the words: " In the form of a commercial company, including a local mixed economy company or a cooperative society of collective interest, or of a public institution of cultural cooperation " ;
2 ° The II is supplemented by a paragraph so written:
" At the end of the period provided for in the first subparagraph of the I, the Higher Council for the Audiovisual shall adopt the list of candidates whose file is admissible. ' ;
3 ° In the second paragraph of III, the words: " Articles 1 and 26 " Are replaced by the words: " Articles 1, 3-1 and 26 " And the words: " Authorised before the entry into force of Act No. 2000-719 of 1 August 2000 referred to above. Are replaced by the words: " Authorised in the area under Article 30 prior to the date of the call for applications " ;
4 ° In the third paragraph of III, the words: " Articles 1, 26 " Are replaced by the words: " Articles 1, 3-1, 26 " ;
5 ° In the seventh paragraph of III, the words: " For the purposes of the third paragraph of Article 41 " Are replaced by the words: " For the purposes of the fourth paragraph of section 41 ".
Section 30-2 of the Act is thus amended:
1 ° I is thus amended:
(a) At the beginning of the first sentence, after the words: " In application ' shall be inserted the words: ' Of section 29-1, " ;
b) In the last sentence, after the word: " ", are inserted the words:" In Article 29-1 or " ;
2 ° In the first sentence of the last paragraph of III, in the last paragraph of V and in the first sentence of VI, the words: " Of Article 30-1 " Are replaced by the words: " Of Article 29 (1) and Article 30 (1) ;
3 ° In the second paragraph of II, the reference: 37 " Is replaced by the reference: " 43-1 " ;
4 ° III is complemented by a paragraph so written:
" The authorisation shall not be called into question by granting the right of use of the radio resource to a new publisher. ' ;
5 ° In the first paragraph of the IV, the words: " The elements referred to in the second paragraph of Article 34-2 " Are replaced by the words and a sentence worded as follows: The elements provided for in the Order in Council referred to in the last paragraph of section 34. Any modification of these elements must be notified to the Conseil supérieur de l' audiovisuel." ;
6 ° In the second paragraph of the IV, the words: " For the purposes of sections 30-3, 30-5, 41-1-1 and 41-2-1 " Are replaced by the words: " For the purposes of Articles 17-1 and 30-3 " ;
7 ° V is complemented by a paragraph worded as follows:
" In the absence of the conclusion of the contracts necessary for the dissemination and transmission to the public of the programmes on a date determined by the Conseil supérieur de l' audiovisuel, the latter may declare the authorisation lapsed. "
In the second paragraph of Article 30-3 of the Act, the words:" Under the conditions laid down in Article 30-5 " Are replaced by the words: " Under the conditions set out in section 17-1 ".
Section 30-4 of the Act is thus amended:
1 ° In the First paragraph, the words: " Of Article 30-1 " Are replaced by the words: " Articles 29-1 and 30-1 ", and the words: The provisions of Article 1 " Are replaced by the words: " The provisions of Articles 1 and 3-1 " ;
2 ° In the second paragraph, the words: " In Article 30-1 " Are replaced by the words: " Sections 29-1 and 30-1 ".
Section 30-5 of the Act reads as follows:
" Article 30-5. -The use of terrestrial radio-electric resources for the broadcasting of audiovisual communication services other than radio or television is authorised by the Conseil supérieur de l' audiovisuel in accordance with a procedure established by Order in Council of State.
" The Council shall grant authorisation in the light of the priority requirements referred to in the sixth paragraph of Article 29. "
After section 30-5 of the Act, a section 30-6 is inserted and reestablished a section 31 thus written:
" Article 30-6. -Subject to the provisions of Article 26, the use of broadcast frequencies for radio and satellite television shall be authorised by the Conseil supérieur de l' audiovisuel in accordance with a procedure laid down by decree in the Council of State. The duration of authorizations for digital radio and television services cannot be longer than 10 years and five years for analogue radio services.
" The Council shall grant authorisation in the light of the priority requirements referred to in the sixth paragraph of Article 29 and taking into account the criteria set out in the 1 °, 2 ° and 3 ° of the same
. The radio and television services broadcast on these frequencies shall be subject to the provisions laid down in Articles 33 and 33-1
By way of derogation from the three preceding subparagraphs and without prejudice to Article 26, the Conseil supérieur de l' audiovisuel may, within the limits of the available radio resource, authorise the holder of an authorisation issued on the basis of Article 29-1 to ensure the full and simultaneous resumption of a digital radio service offering.
" Article 31. -If the decisions authorising the use of the radio resource are likely to significantly alter the relevant market, the Conseil supérieur de l' Audiovisuel proceeds, in advance of the launch of the procedures laid down in the articles 29, 30, 30-1, 30-5 and 30-6, at a public consultation.
" The terms of this consultation shall be determined by the Board. "
The second paragraph of Article 32 of the Act is supplemented by a sentence so worded:
" When applied to a terrestrial terrestrial radio service, they may be motivated by reference to a summary report explaining the decisions of the Board in relation to the criteria set out in Articles 1 and 29. "
In the headings of Chapter II of Title II and Sections 1 and 2 of this Chapter, in the first paragraph of the Article 33 and in the first paragraph of I of section 33-1 of the Act, respectively, the words: By cable and satellite "," By cable or satellite broadcast "," By satellite or distributed over cable networks established pursuant to this Chapter " Are replaced by the words: " By networks not using frequencies assigned by the Conseil supérieur de l' audiovisuel ".
The last paragraph Section 33 of the Act is supplemented by a sentence so worded:
" Subject to the international commitments of France, it may also authorise services exclusively broadcast outside the national territory to derogate from the provisions which appear at 3 ° to 10 °. "
I. -In the first paragraph of Article 33 (1) of the Act, the words " , or of a service subject to the public service concession scheme " Are replaced by the words: " Where such recovery does not have the effect of shifting the population from the area served by a local television service to more than ten million inhabitants ", and after the reference:" 29, ", is inserted the reference:" 29-1 ".
II. -The last paragraph of the same article reads as follows:
The Convention shall specify the conditions for rebroadcasting, in whole or in part, by a network which does not use the frequencies assigned by the High Audiovisual Council, of the television service in several programmes, under conditions fixed by Decree. However, within a third of their broadcasting time, these broadcasts may include different programmes of the main programme from which they are derived. They must be carried out according to the same principle as regards the use of remuneration on the part of users. The obligations referred to in 6 ° and 7 ° of Article 33 thus relate globally to the service and the obligations mentioned in the 1 °, 2 °, 3 °, 4 °, 5 °, 8 °, 9 ° and 10 ° of the same article relate to each of the programmes the constituent. "
Section 33-1 of the Act is supplemented by an II so worded:
" II. -By way of derogation from the provisions of the I, only radio and television services which are distributed by a network which does not use frequencies assigned by the High Audiovisual Council and whose Annual budget is less than EUR 75 000 for radio services and EUR 150 000 for television services.
" The declaration shall be filed with the Conseil supérieur de l' audiovisuel, which specifies the elements it must contain.
" Television services for information on local life do not benefit from the derogation established by the first subparagraph. "
Section 33-2 of the Act is repealed.
Section 33-3 of the Act is repealed.
Section 34 of the same law reads as follows:
" Article 34. -I.-Any distributor of services which makes available to the public, through a network not using frequencies assigned by the Conseil supérieur de l' audiovisuel, an offer of audiovisual communication services with radio services Or television, file a statement before the board.
" Only companies, including local mixed economy companies, moderate-rent housing organisations, local authorities and their groups under the conditions laid down in II, may be a service distributor. As well as the authorities provided for by Law No. 46-628 of 8 April 1946 on the nationalisation of electricity and gas
However, service distributors that serve fewer than one hundred households are exempt from this declaration.
" Any modification of elements of this declaration must be notified to the Conseil supérieur de l' audiovisuel.
" The Council may, by reasoned decision taken within a period laid down by regulation, object either to the operation of an offer of services or to a change in the composition of that offer, if it considers that it does not satisfy the conditions And obligations of this Law, in particular those referred to in Articles 1, 3-1, 15 and 34-1 to 34-3, or if it considers that it affects the public service tasks assigned by Article 43-11 to the national programme companies and to the Arte chain, in particular by the number assigned to the service in the offer Business.
" A decree of the Council of State shall specify the conditions for the application of this Article, in particular the elements to be contained in the
. II. -Territorial authorities and their groups may, however, directly or indirectly engage in the activity of a distributor of services only after finding a lack of private initiatives to satisfy the needs of the Population concerned and informed the Conseil supérieur de l' audiovisuel. Community interventions shall be carried out in objective, transparent, non-discriminatory and proportionate conditions. The lack of private initiatives is evidenced by an unsuccessful call for tenders to meet the needs of the population concerned in audiovisual communication
. Expenditure and revenue relating to the exercise of an activity of a distributor of audiovisual communication services on the same networks by local and regional authorities and their groupings are drawn up within an accounting system. Separate.
" The territorial authorities and their groups directly or indirectly engaged in an activity as a distributor of audiovisual services on the date of the publication of Law No. 2004-669 of 9 July 2004 on communications Electronic and audiovisual communication services shall not be subject to the obligation laid down in the first paragraph of this II for the finding of insufficient private initiatives to satisfy the needs of the population concerned. "
Section 34-1 of the Act reads as follows:
" Article 34-1. -The publishers of terrestrial broadcast services pursuant to Articles 26 and 30, as well as the publishers of services which do not rely on remuneration on the part of users broadcast by terrestrial terrestrial in mode Digital pursuant to section 30-1 shall not, where they are normally received in the terrestrial terrestrial area, oppose the retransmission of their services on the internal television distribution network in a building Collective, a condominium or a rental package when connected to a network of Electronic communications other than satellite, giving access to only a limited number of television services due to bandwidth constraints, or conditioning this recovery to remuneration.
" A service distributor who operates an internal television distribution network established under the conditions laid down in the first paragraph of this Article, at the request of the person entrusted with the operation of that network, shall Commercial proposal for the provision of terrestrial over-the-air services pursuant to Articles 26 and 30 normally received in the area. Where the distributor of services proposes an offer in digital mode, this proposal also relates to services which do not involve remuneration on the part of terrestrial terrestrial users in digital mode. Application of section 30-1 and normally received in the field.
" The proposal referred to in the second paragraph of this Article shall take into account only the costs of installation, maintenance or replacement of the network and is not conditional on the subscription of a subscription to one or more services. The publishers concerned may not object to the carriage of these chains by the network of the distributor of services which this provision would make necessary, or condition that transport to remuneration. "
After section 34-1 of the Act, it is inserted a 34-1-1:
" S. 34-1-1. -The publishers of terrestrial over-the-air services pursuant to Articles 26 and 30 shall not object to the resumption of these services, when they are normally received in the area by terrestrial terrestrial radio, on an authorized network Pursuant to Article 34 in its drafting prior to the entry into force of Law No. 2004-669 of 9 July 2004 on electronic communications and audiovisual communication services, for a period of five years from The enactment of the said Act; at least one year before that date, the Government will present to Parliament a report on the desirability of maintaining all or part of these specific obligations in the light of technical and economic developments. "
Section 34-2 of the Act reads as follows:
" S. 34-2. -I.-In metropolitan territory, any distributor of services on a network using no terrestrial frequencies assigned by the Conseil supérieur de l' audiovisuel makes available to its subscribers the services of the companies Mentioned in the I of Article 44 and the channel Arte, broadcast by terrestrial terrestrial in analogue mode as well as the TV channel 5, and the services specifically intended for the metropolitan public edited by the company mentioned at 4 ° du I of Section 44, unless these publishers feel that the offer of services is clearly Incompatible with respect for their public service tasks. When offering services on a digital basis, it also makes available to subscribers free of charge the services of those companies which are broadcast on terrestrial radio in digital mode.
" In the overseas communities, any distributor of services on a network using no terrestrial frequencies assigned by the Conseil supérieur de l' audiovisuel makes available to its subscribers the services of the network France overseas which shall be broadcast by terrestrial terrestrial in the community, unless the company considers that the offer of services is manifestly incompatible with respect for its public service
. The transport and distribution costs of these times are the responsibility of the distributor.
" II. -Any distributor of services by a non-satellite network using no spectrum assigned by the Conseil supérieur de l' audiovisuel shall make available to its subscribers the local public initiative services intended for the information On local life. The order referred to in section 34 defines the limits and conditions of this obligation
Transport and broadcast costs are the responsibility of the distributor.
" III. -Any distributor of services shall make available to the public, free of charge, services for the deaf and hard of hearing associated with the television programmes offered by it. The necessary technical provisions are in his care. "
Section 34-3 of the Act reads as follows:
" S. 34-3. -A decree in the Council of State specifies the conditions under which each distributor of services by a network which does not use frequencies assigned by the Conseil supérieur de l' audiovisuel and whose offer includes services that have been the subject of Of a Convention pursuant to Article 33 (1) shall ensure, among them, minimum proportions of services in the French language, which, on the one hand, are not controlled directly or indirectly by the distributor or by one of its Shareholders holding at least 5 % of its capital, or by the natural or legal person Directly or indirectly controlling at least half of the services concerned and, on the other hand, are not directly or indirectly controlled by a distributor of services. "
After section 34-3 of the Act, an article 34-4 reads as follows:
" S. 34-4. -Without prejudice to Articles 34-1 and 34-2, any distributor of services shall, under fair, reasonable and non-discriminatory conditions, apply to the applications of television services publishers not making use of remuneration on the part of the distributor Of users and whose distribution is authorised in accordance with Articles 30 or 30-1 which aim, on the one hand, to allow access, for the reception of their services, to any terminal used by the distributor for the reception of the offer which it markets And, on the other hand, to ensure the presentation of their services in the tools of Referencing this offering. "
Section 37 of the Act is repealed.
I. -In the first and second paragraphs of the I of Article 39 of the same Law, the words: By terrestrial, cable and satellite radio " Are replaced by the words: " By an electronic communications network within the meaning of Article L. 32 of the Postal Code and electronic communications ".
II. -Section 39 of the Act reads as follows:
" III. -The same natural or legal person who holds an authorization for a terrestrial terrestrial television service whose hearing exceeds the threshold referred to in the I shall not hold, directly or indirectly, more than 33 % of the capital or voting rights of a company with an authorisation in respect of a service other than a national service and which does not consist essentially in the resumption, in the French overseas communities, of a national service of Television. "
Section 41 of the Act is thus amended:
1 ° In the first paragraph, after the words:" Terrestrial over-the-air aural broadcasting " Are inserted the words: " In analog mode ", and after the words:" To other licensees " Are inserted the words: " By terrestrial hertzian in analog mode " ;
2 ° The second subparagraph is replaced by two sub-paragraphs:
" No person shall be the holder of two authorisations relating to each national television service broadcast by terrestrial terrestrial
. No person shall simultaneously be the holder of an authorization for a national terrestrial television service broadcast by terrestrial terrestrial television whose hearing exceeds the threshold referred to in section 39 and an authorization for a service of Same nature in analog mode other than national. The same person may, however, be simultaneously holder of an authorization for a national terrestrial television service and several authorizations relating to services of the same nature serving each A different geographical area located in an overseas department or in an overseas community or New Caledonia." ;
3 ° In the third paragraph, the words: " A maximum of five authorizations " Are replaced by the words: " A maximum of seven authorizations " ;
4 ° In the fifth and sixth paragraph, the words: " Six million people " Are replaced by the words: " Twelve million inhabitants " ;
5 ° It is complemented by a paragraph so written:
" No person may hold one or more authorizations relating to each radio service for which the cumulative terrestrial potential hearing exceeds 20 % of the cumulative potential hearings of all radio, public or authorized radio services, Broadcast by terrestrial terrestrial radio. "
Sections 41-1 and 41-2 of the same Act are thus amended:
1 ° In the first paragraph, the words:" Or the operation of a cable distribution network for audio and television broadcasting services " Are deleted;
2 ° 3 ° is repealed.
Sections 41-1-1 and 41-2-1 of the same Act are modified:
1 ° In the first paragraph, the reference: Or 30-2 " Is deleted;
2 ° 3 ° is repealed.
In the 5 ° of section 41-3 of the Act, the words: " More than six million inhabitants " Are replaced by the words: " More than ten million inhabitants ".
Article 41-4 of the Act is thus amended:
1 ° In the first subparagraph, The words: " Audiovisual communication services " Are replaced by the words: " Radio and television services " ;
2 ° In the second paragraph, the words: " In the audiovisual communication sector " Are replaced by the words: " In the radio and television sectors " ;
3 ° The third paragraph reads as follows:
" The Conseil supérieur de l' audiovisuel (Conseil supérieur de l' audiovisuel) refers to the Competition Council's anti-competitive practices in the radio and television sectors. This reference may be accompanied by a request for provisional measures under the conditions laid down in Article L. 464-1 of the Commercial Code. "
I. -The first paragraph of Article 42 of the Act reads as follows:
" Publishers and distributors of radio or television services and the publishers of services referred to in Article 30-5 and operators of satellite networks may be entitled to respect the obligations imposed on them By the laws and regulations and by the principles laid down in Articles 1 and 3-1. "
II. -In the first paragraph of Article 42 (1) of the Act, the words: If an editor or distributor of sound or television broadcasting services does not comply with the warnings addressed to it " Are replaced by the words: " If the person who is the subject of the formal notice fails to comply with it ".
Section 42-3 of the Act is Completed by two paragraphs thus written:
" In accordance with the criteria mentioned in Article 29, in particular the right balance between the national networks and the independent local, regional and thematic services, the Conseil supérieur de l' audiovisuel may give its approval to a change Authorisation holder for the broadcasting of radio services where such change benefits the legal person who controls or is controlled by the initial authorisation holder in the light of the criteria set out in Article L. 233-3 of the Trade code. On the occasion of this change in ownership of the authorisation, the Council may, under the same conditions, give its approval to a change in the category for which the service is authorised. This change cannot be approved outside the call for applications by the Conseil supérieur de l' audiovisuel if it is incompatible with the preservation of the balance of advertising markets, in particular local
. This change in ownership of the authorisation is not open to the services mentioned in Article 80 and to the independent local, regional and thematic services. "
Section 42-6 of the Act reads as follows:
" Article 42-6. -Decisions of the Conseil supérieur de l' audiovisuel are reasoned. They shall be notified to the persons affected by the decision. Subject to the secrets protected by the law, they shall be published in the Official Journal of the French Republic. "
Section 42-8 of the Act reads as follows:
" Article 42-8. -Publishers and distributors of audiovisual communication services may institute proceedings before the Council of State against the decisions of the Conseil supérieur de l' audiovisuel pursuant to Article 17-1, 42-1, 42-3 and 42-4.
" The persons referred to in Article 95 and the providers referred to in Article 95 may institute proceedings before the Council of State against the decisions of the Supreme Council of the Audiovisual Article 17-1. "
The first paragraph of Article 42-10 of the Act is supplemented by a sentence so worded:
" The purpose of this application may be to stop the broadcasting, by a satellite operator, of a television service falling within the competence of France whose programmes affect at least one of the principles mentioned in the articles 1, 3-1 or 15. "
Sections 42-13 and 42-14 of the Act are repealed.
In section 42-15 of the Act, the words:" Pursuant to Article 30 (5) " Are replaced by the words: " Pursuant to Article 17-1 ".
The title of Chapter IV of Title II of the Act reads as follows: Provisions common to all audiovisual communication services ".
Article 43 of the same law is thus Written:
" Art. 43. -Any form of advertising accessible by an audiovisual communication service must be clearly identified as such. It must also identify the person on whose behalf it is being carried out. "
After section 43 of the same Act, an article 43-1 reads as follows:
" Art. 43-1. -Any publisher of an audiovisual communication service shall be permanently available to the public:
" 1 ° Its name or its name, its registered office, the name of its legal representative and its three principal partners;
" 2 ° The name of the editor and that of the editor;
" 3 ° The list of publications issued by the legal entity and the list of other audiovisual communication services it provides;
" 4 ° The applicable rate when the service gives rise to remuneration. "
Section 44 of the same Act is thus amended:
1 ° After the fifth paragraph of the I, are inserted three paragraphs Thus written:
" 4 ° The national programme company, known as Réseau France Overseas, responsible for designing and programming television and radio programmes to be broadcast in French overseas communities. This company promotes the French language as well as that of regional languages and cultures. Emissions from other national programme companies are made available free of charge. The programmes it produces are made available free of charge to the company France Télévisions and to the company Radio France which promote and promote the cultures of France overseas in metropolitan
. It shall ensure the territorial continuity of the other national programme companies, in accordance with arrangements which may be differentiated, taking into account the specific characteristics of the overseas departments or the departmental community Of Mayotte in accordance with terms and conditions laid down in its mission and post specifications after consultation with each regional
. It concludes multi-annual cooperation agreements with Radio France, in particular with regard to development, production, programmes and information." ;
2 ° The II is repealed.
In section 44-1 of the Act, the reference: " And 3 ° " Is replaced by references: " , 3 ° and 4 ° ".
In section 45-3 of the Act, the words:" By cable or satellite " Are replaced by the words: " On a network using no terrestrial frequencies assigned by the Conseil supérieur de l' audiovisuel ".
Article 46 of the same law reads as follows:
" Article 46. -It is hereby established, with France Télévisions, a Programme Advisory Board responsible for issuing opinions and recommendations on programmes, and whose composition, missions and operating procedures are specified by Council of State decree. "
Section 47 of the Act is thus amended:
1 ° In the first paragraph, the words:" Réseau France Overseas, " Deleted;
2 ° In the last paragraph, the words: " And The Fifth " Are replaced by the words: " , France 5 and Réseau France overseas ".
Article 47-1 of the same law is thus amended:
1 ° In the first Paragraph, the word " Twelve " Is replaced by the word: " Fourteen " ;
2 ° At the beginning of the third paragraph (2 °), the word " Four " Is replaced by the word: " Five " ;
3 ° The fourth paragraph (3 °) reads as follows:
" 3 ° Five qualified persons appointed by the Conseil supérieur de l' audiovisuel, of which at least one is from the associative movement, at least one is from the world of creation or of audiovisual or cinematographic production and at least one "Is from the French overseas." ;
4 ° In the seventh and eighth paragraphs, the words: " And The Fifth " Are replaced by the words: " , France 5 and Réseau France Overseas " ;
5 ° At the end of the eleventh paragraph (2 °), the words: " Including one chosen from among the representatives of the state on the board of directors of the France Television company " Are deleted;
6 ° It is completed by five paragraphs thus written:
" The board of directors of Réseau France overseas includes, in addition to the president, eleven members, whose term is five years:
" 1 ° Two parliamentarians appointed by the National Assembly and by the Senate;
" 2 ° Four representatives of the state appointed by decree;
" 3 ° Three qualified persons appointed by the Conseil supérieur de l' audiovisuel, including at least one with a recognized experience in the radio field;
" 4 ° Two elected representatives of staff in accordance with the provisions applicable to the election of staff representatives to the boards of directors of undertakings referred to in Article 1 of Act No. 83-675 of 26 July 1983, cited above. "
In the first paragraph of Article 47-2 of the same Law, the words:" Réseau France Overseas, " Deleted.
At the beginning of the first paragraph of Article 47-3 of the Act, the words: " The presidents of the companies Network France overseas and Radio France are appointed " Are replaced by the words: " The President of Radio France is appointed ".
In the first sentence of Article 47-6 of the same Law, the words : " And The Fifth " Are replaced by the words: " , France 5 and Réseau France Overseas ".
In the first paragraph of section 48-1 and section 49-1 of the Act, the Words: " The principles laid down in Article 1 " Are replaced by the words: " The principles set out in Articles 1 and 3-1 ".
Section 53 of the Act is thus amended:
1 ° First sentence of the first subparagraph of the I, in the last paragraph of II and in the first paragraph of III, the words: " Réseau France Overseas, " Deleted;
2 ° In the last paragraph of the I, in the second paragraph of II, in the last paragraph of III and in the first paragraph of IV, the words: " And The Fifth " Are replaced by the words: " , France 5 and Réseau France Overseas ".
In all the provisions of the same law, the words:" France Television " Are replaced by the words: " France Télévisions ".
In the first paragraph of Article 54 of the same Law, the words:" Mentioned at 1 ° and 2 ° of the I of " Are replaced by the words: " National program referred to ".
The second paragraph of section 76 of the Act reads as follows:
" It shall be punishable by the same penalty as the leader of the right or de facto ruler of an audiovisual communication service publisher who has not complied with the requirements of Article 43-1. "
Section 78 of the Act is thus amended:
1 ° At 1 ° of the I, the words:" On the basis of the provisions of Article 42 " Are replaced by the words: " On the basis of the provisions of Article 42-1 ;
2 ° The II is written:
" II. -Will be punished with the same penalties:
" 1 ° The officer of law or de facto of a service distribution body other than those referred to in Article 30 (2) which has made available to the public an offer of audiovisual communication services with radio or radio services TV:
" (a) Without the declaration provided for in article 34;
" (b) Or without prior notification to the Superior Audio-Visual Council of a change in the elements of this
. 2 ° The leader of the law or de facto of a distributing or marketing company of terrestrial terrestrial radio or television services in digital mode that will make these services available to the public:
" (a) Without the authorization of the Conseil supérieur de l' audiovisuel or without the declaration provided for in article 30-2;
" (b) Or in violation of a decision to suspend or withdraw on the basis of the provisions of article 42-1;
" (c) Or on a frequency other than that assigned to it. "
Section 78-1 of the Act is repealed.
Section 79 of the Act is thus amended:
1 ° At 1 °, the words: " Decrees provided for in Articles 27, 33 and 43 " Are replaced by the words: " Decrees provided for in Articles 27 and 33 " ;
2 ° In the last paragraph, the words: Pursuant to the fourth paragraph of Article 19 " Are replaced by the words: " Pursuant to the third and fourth paragraphs of Article 19 ".
In the first subparagraph of Article 80 of the Same law, the words: " Mentioned in the fifteenth paragraph of Article 29 " Are replaced by the words: " Referred to in the fourteenth paragraph of Article 29 ".
After Article 105 of the same Law, an Article 105-1 shall be inserted Thus written:
" Article 105-1. -The Conseil supérieur de l' audiovisuel, within three months of the date of publication of the Act n ° 2004-669 of 9 July 2004 on electronic communications and audiovisual communication services, shall conduct a consultation Contradictory relative, on the one hand, to the development of the microwave spectrum and the development of a new frequency plan for the optimal development of radio broadcasting at the national level and, on the other, to the optimisation of broadcasting And coverage of community, local, regional and thematic services Independent. It makes public the conclusions of this consultation. "
I. -In all the provisions of the same law, the words: The Fifth " Are replaced by the words: " France 5 ".
II. -In Article 2-1 of the same Law, the words: By terrestrial, cable or satellite radio " Are replaced by the words: " By a network of electronic communications within the meaning of Article L. 32 of the Code of Postal and Electronic Communications ".
In all the provisions of the same law, the words: " Sound broadcasting " Are replaced by the word: " Radio ".
I. -In the second paragraph of Article 1 of Act No. 86-1067 of 30 September 1986, after the words: On the other hand, ' shall be inserted the words: ' By child and adolescent protection, ".
II. -In the second paragraph of the IV of Article 1 of the Act No. 2004-575 of 21 June 2004 for confidence in the digital economy, after the words: On the other hand, ' shall be inserted the words: ' By child and adolescent protection, ".
III. -Article 13 of Law No. 2004-575 of 21 June 2004 is
. -The provisions of this Article shall enter into force on 1 August 2004.
I. -Article 56 of Act No. 2004-575 of 21 June 2004, cited above, is supplemented by an IV as
: IV. -In the second paragraph of Article 60-2 of the Code of Criminal Procedure, the words "in Article 43-7 of Act No. 86-1067 of 30 September 1986 on freedom of communication are replaced by the words:" to the 1 of the I of Article 6 of the Law No. 2004-575 of June 21, 2004, for confidence in the digital economy. "
II. -The provisions of the I come into force on August 1, 2004.
I. -In the last paragraph of the IV of Article 6 of Act No. 2004-575 of 21 June 2004, the word " Item " Is replaced by the reference: " IV ".
II. -The provisions of the I come into force on August 1, 2004.
I. -Article 279 of the General Tax Code is supplemented by a j so worded:
" (j) Remuneration paid by local authorities and their groups for the implementation of a contract of objectives and means corresponding to the edition of a local television service. "
II. -Losses of revenue for the State are offset to due competition by the creation of an additional fee in Articles 575 and 575 A of the same code.
I. -Article 302 bis KE of the general tax code is thus amended:
1 ° It is inserted after the first subparagraph a paragraph so worded as
: For the purposes of this Article, an activity of sale or rental of videograms shall constitute the making available to the public of a service offering access to cinematographic or audiovisual works for consideration, upon request Individual through an electronic communication process. ",
2 ° In the third paragraph, the words:" Of the intended operation " Are replaced by the words: " Operations ".
II. -The provisions of the I shall enter into force on 1 July 2004.
Chapter I of Title II of the book Consumption code is completed with a section 11 so written:
"Section 11
" Electronic communications service contracts
" Art. L. 121-83. -Any contract entered into by a consumer with an electronic communications service provider within the meaning of Article L. 32 of Article L. 32 of the Code of Postal and Electronic Communications shall contain at least the following information:
" (a) The identity and address of the supplier;
" (b) The services provided, their level of quality and the time required to deliver them;
(c) The details of the tariffs and the means by which up-to-date information on all applicable tariffs and maintenance costs can be obtained;
" (d) Compensation and reimbursement formulae applicable if the level of quality of services provided for in the contract is not attained;
" (e) The duration of the contract, the conditions for the renewal and discontinuance of services and the contract;
" (f) Alternative dispute resolution
. A joint decree of the Minister responsible for consumption and the Minister responsible for electronic communications, taken after the opinion of the National Council of Consumer Affairs, specifies, as appropriate, this information
Art. L. 121-84. -Any project to modify the contractual conditions for the supply of an electronic communications service shall be communicated by the provider to the consumer at least one month before its entry into force, together with the information that The latter may, as long as it has not expressly accepted the new conditions, terminate the contract without penalty of termination and without the right to compensation, until four months after the entry into force of the
. For fixed-term contracts that do not have a clause that precisely determines the assumptions that may result in a contractual or price change clause, the consumer may require the application of the Initial conditions until the term of the contract.
" Any offer for the provision of an electronic communications service shall be accompanied by explicit information on the provisions relating to subsequent modifications of the contractual
. Art. L. 121-85. -Infringinfringements of the provisions of Article L. 121-83 and the first subparagraph of Article L. 121-84 are sought and found under the conditions laid down in the first, third and fourth paragraphs of Article L. 450-1 and Articles L. 450-2, L. 450-3, L. 450-4, L. 450-7, L. 450-8, L. 470-1 and L. 470-5 of the trade code. "
I. -The V of Article L. 1425-1 of the General Code for Local and Regional Authorities reads as
: V.-The provisions of the I relating to disclosure requirements and the need to establish a lack of private initiatives, as well as the second indent of II, do not apply to networks established and operated by the communities And their groupings for the distribution of radio and television services if these networks were established prior to the date of promulgation of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. "
II. -The provisions of the I come into force on August 1, 2004.
I. -Title II of Book IV of Part I of the General Code of Territorial Communities is supplemented by a Chapter VI entitled " Audiovisual Communication " And including an article L. 1426-1 worded as follows:
" Art. L. 1426-1. -Territorial authorities or their groups may, in accordance with the conditions laid down by Act No. 86-1067 of 30 September 1986 on freedom of communication, publish a television service for information on local life and Broadcast by terrestrial terrestrial or by a network not using frequencies assigned by the Conseil supérieur de l' audiovisuel.
" The territorial community or the grouping shall conclude with the legal person to whom the service is entrusted with a contract of objectives and means defining public service tasks and their conditions of implementation, for a period of time Between three and five years. This contract is annexed to the agreement concluded with the Conseil supérieur de l' audiovisuel. "
II. -The first paragraph of Article L. 2224-35 of the Code is thus amended:
1 ° The words: By a territorial community or a public cooperation institution competent for the public distribution of electricity " Are replaced by the words: " By a territorial community, by a public cooperation institution competent for the public distribution of electricity, or by a public electricity distribution network operator " ;
2 ° The words: " Using the same underground structure as that constructed in lieu of the common air work " Are replaced by the words: " Using the part fitted to this effect in the underground structure constructed to replace the common air work ".
III. -The provisions of the II shall enter into force on 1 August 2004.
Articles L. 3444-4 and L. 4433-3-3 of the General Code Local and regional authorities are repealed.
Article L. 4433-30 of the General Code of Local and Regional Authorities is Thus written:
" Art. L. 4433-30. -Where applications for authorisation relating to radio and television services, submitted to the Supreme Audiovisual Council pursuant to Articles 29, 30 or 30-1 of Act No. 86-1067 of 30 September 1986 on the freedom of In the case of an overseas region, the Council shall, in advance, collect the opinion of the Regional Council concerned. Such notice shall be deemed to have been filed without reply within the two-month period. "
In the tenth paragraph (i) of Article 65 of the Customs Code and in the first sentence of Article L. 621-10 of the Monetary and financial code, the words: In the context of Article L. 32-3-1 " Are replaced by the words: " In the context of Article L. 34-1 ".
The third subparagraph (a) of Article 302 bis KA of the General Tax Code is Repealed.
In the last paragraph of Article 432-9 of the Penal Code, the words: " A telecommunications network operator authorised under Article L. 33-1 of the postal code and telecommunications " Are replaced by the words: " An operator of networks open to the public of electronic communications ".
In the j of Article 25 of Law No. 65-557 of 10 July 1965 fixing the Condominium status of built-up buildings, words: " Connected to a cable network, established or authorised pursuant to Article 34 of Act No. 86-1067 of 30 September 1986 on freedom of communication " Are replaced by the words: " When it is for common parts ".
I. -Section 1 of Act No. 66-457 of 2 July 1966 on the installation of broadcasting receiving antennas is thus amended:
1 ° In the first subparagraph, the words: And connection to the inside wire of the building " Are replaced by the words: " And connection to the internal network in the building " ;
2 ° In the second paragraph, the words: " Connected to a wired network " And the words: " And responding, in both cases, to the overall technical specifications set out in the inter-ministerial order provided for in Article 34 of Act No. 86-1067 of 30 September 1986 on freedom of communication, " Deleted;
3 ° The third paragraph is deleted;
4 ° In the fourth paragraph, the words: " By an internal network connected to the wired network " Are replaced by the words: " By another way of receiving the programs " ;
5 ° In the fifth paragraph, the words: Approved by the Ministry of Posts and Telecommunications " Are replaced by the word: " Allowed ".
II. -In Article 2 of the same Law, the words: Connected to a wired network " And the words: " , corresponding to the technical specifications referred to in the fifth paragraph of Article 1 above, " Deleted.
Law n ° 90-568 of 2 July 1990 on the organisation of the public postal service and in France Telecom is thus amended:
1 ° In the first paragraph of Article 8, the words: Pursuant to Article 35 " Are replaced by the words: " Referred to in Article L. 125 of the Electronic Communications and Postal Code " ;
2 ° Sections 35 and 48 are repealed;
3 ° In the second paragraph of Article 37, the words: " Established in Article 35 of this Law " Are replaced by the words: " Referred to in Article L. 125 of the Postal Code and electronic communications ".
Law No. 91-646 of 10 July 1991 relating to the secrecy of correspondence issued by the telecommunications channel is thus amended:
1 ° In the title and in the provisions of the law, the word: " Telecommunications " Is replaced by the words: " Electronic communications " ;
2 ° In Article 11, the word: " Authorized " Is deleted;
3 ° In the first paragraph of Article 22, the words: " Or the body referred to in Article L. 35-4 of the Postal Code and Telecommunications " Deleted.
In the last paragraph (5 °) of Article 2 and in the first paragraph of Article 4 of Law No. 92-1282 of 11 December 1992 on procedures for the award of certain contracts in the water, energy, transport and telecommunications sectors, the words: Telecommunications services referred to in Articles L. 33-1 and L. 34-1 of the Postal Code and Telecommunications' Are replaced by the words: " Electronic communications services to the public ".
Without prejudice to the provisions of Article 82 of the Act No. 2000-719 of 1 August 2000 amending Act No. 86-1067 of 30 September 1986 on freedom of communication, the broadcasting of terrestrial television services, terrestrial in analogue mode, will end five years after the beginning Number of programmes in digital mode, subject to the Council's finding Of the audiovisual media of the coverage of the territory by this mode of distribution, the relevance of the technological choices, the appropriate information of the public and the equipment of the homes for this mode of reception.
Article 82 of Law No. 2000-719 of 1 August 2000 is thus written:
" Article 82. -For any television service authorised prior to the publication of this Law, having already received a non-call for renewal authorisation on the basis of Article 28 (1) of Law No. 86-1067 of 30 September 1986 Granted with a view to its full and simultaneous recovery in digital mode for a period corresponding to the national or local character of the service, issued at the end of the first call for applications concerning That area of coverage under section 30-1 of the Act, The authorization issued under section 28-1 is extended for five years.
" The benefit of this provision is rejected by the Conseil supérieur de l' audiovisuel, under the conditions laid down in Articles 42-7, second and third paragraphs, 42-8 and 42-9 of Act No. 86-1067 of 30 September 1986, when the publisher Refrain without any compelling reason to issue in digital mode within a period of three months from the date fixed by the Audiovisual High Council for the effective start of broadcasting of the service in digital mode in each of the areas concerned Or where, during the period of validity of the authorisation issued pursuant to Article 28-1 of the aforementioned Law No. 86-1067 of 30 September 1986, which has benefited from the extension provided for in the first paragraph of this Article, the publisher shall decide to interrupt its broadcast in digital mode for a period exceeding three Month.
" Where the Supreme Council of the Audiovisual Service makes use of the power provided for in the preceding paragraph before the end of the initial authorisation, its decision shall not affect that authorisation until the expiry of that
. Where the Council makes use of that power during the period of extension arising from the application of the first paragraph, that extension shall be maintained for the benefit of the publisher until the outcome of the call for applications for the use of the Analog frequencies of which he was the incumbent. "
The II of Section 89 of Act No. 2000-719 of August 1, 2000, supra, is repealed.
Section 36 of the Finance Act 2001 (No. 2000-1352 of December 30, 2000) is amended as follows:
1 ° In the first paragraph of the I, the words: " Authorisation for the establishment and operation of the third generation mobile network in France issued pursuant to Article L. 33-1 of the Postal Code and Telecommunications' Are replaced by the words: " Authorisation to use frequencies dedicated to third generation mobile telephony in mainland France " ;
2 ° The last paragraph of I is worded as follows:
" The authorisations for the use of frequencies dedicated to third generation mobile telephony in mainland France shall be issued for a period of twenty years. ' ;
3 ° In the second paragraph of II, the words: " The use of the frequencies allocated under the authorisations for the establishment and operation of third generation mobile networks, issued pursuant to Article L. 33-1 of the Postal Code and Telecommunications' Are replaced by the words " By virtue of the authorisations for the use of frequencies dedicated to third generation mobile telephony ".
Order No. 2001-670 of 25 July 2001 adapting to the Community law of the code of intellectual property and postal code and telecommunications is ratified.
In the II of Article 126 of Act No. 2003-239 of 18 March 2003 for internal security, the references: L. 32-5 " And " L. 32-6 " Are replaced by references respectively " L. 34-3 " And " L. 34-4 "
I. -Persons exercising, on the date of entry into force of this Law, one of the activities referred to in Article L. 33-1 of the Code of Posts and Electronic Communications shall be required to make, within six months, the declaration provided for in This article. However, persons who, on the same date, were authorized to carry on any of these activities are deemed to have satisfied, for the activity authorized, this reporting obligation.
II. -The obligations which were imposed on operators, on the date of publication of this Law, pursuant to Articles L. 33-1 (II) and L. 34-8 (II to V) of the postal code and telecommunications in their drafting then in force, remain Applicable until the implementation by the Telecommunications Regulatory Authority of the powers conferred on it by the provisions of Articles L. 37-1 and L. 37-2 of the postal code and the electronic communications resulting from the present Law.
III. -The authorisations for the use of radio frequencies which were in force on the date of publication of this Law shall retain their effects until the term provided for in those authorisations or until the end, if it is earlier, of The authority to establish and operate a network of electronic communications that had, where appropriate, been issued to their incumbents in accordance with the Postal Code and Telecommunications in its current wording. Where the operator is the holder, on the date of publication of this Law, of the authorisation referred to in Article L. 33-1 of the Code of Postal and Telecommunications in its drafting then in force, it remains subject to those of the obligations Set out in the specifications annexed to that authorisation which are subject to the conditions of use covered by the provisions of Article L. 42-1 of the code of posts and electronic communications resulting from this Law, up to that point A new frequency assignment decision was made.
IV. -The obligations imposed under Article L. 36-7 of the Postal Code and Telecommunications in its drafting in force on the date of publication of this Law and under the terms of reference of France Télécom approved by Decree No. 96-1225 of 27 December 1996 remain applicable until the implementation of Articles L. 37-1 and L. 37-2 of the postal code and electronic communications when they concern rates for services for which there are no competitors On the market, and until the adoption of the decree referred to in Article L. 35-2 of the same Code When they relate to the rates of the universal service.
Conventions concluded with the municipalities or their Groupings for the establishment and operation of cable networks under application on the date of entry into force of Article L. 33-1 of the code of posts and electronic communications as well as the specifications annexed thereto Shall be brought into conformity with the provisions of this Article within a time limit One year from the publication of the order made for the purposes of this section.
Service Distributors Referred to in Article 34 of Act No. 86-1067 of 30 September 1986, above, have a period of three months from the publication of the decree under Article 34 to make the declaration provided for in that Article. However, where such distributors were holders of an operating licence issued by the Higher Audiovisual Council prior to the publication of this Law, such authorisation shall be the declaration.
Any application for authorization filed prior to the publication of this Act relating to equipment or service Now subject to simple declaration under this Law is
The applications relating to the networks governed by Article L. 33-1 of the code of posts and electronic communications in its wording resulting from this Law shall be transmitted by the Higher Council of The audiovisual regulatory authority when they fall within the competence of that authority.
I. -Network France overseas, whose state owns the entire capital, is now named RFO Participations.
II. -A new limited company, known as Réseau France Overseas, is hereby established, to which, with retroactive effect from January 1, 2004, the assets, rights and obligations of RFO Participations necessary for the performance by Réseau France The transfer of such property, rights, debts and obligations shall be definitively carried out by the Government of the United Kingdom, as defined in Article 44 of Article 44 of Act No. 86-1067 of 30 September 1986, as well as related
. Only as a result of this Act, when the list of transferred assets and liabilities will have Was established by France Télévisions and approved by a joint decree of the minister responsible for finance and the minister responsible for communication, which is to be published by 31 December 2004 at the
. The French Overseas Network will be deemed to belong to the group RFO Participations since the formation of this group, and benefits from the transfer of the previous deficits not yet deducted by the company RFO Participations. These deficits shall be freely attributable to any grant or abandonment of debt which may be granted by RFO Participations to Réseau France Overseas in 2004 in conjunction with the contributions mentioned in this II.
III. -The State's contribution to France Télévisions of all the shares of the company RFO Participations is carried out solely by virtue of the provisions of this Article.
The same applies to all claims held by the State on the RFO Participations on the Effective Date of this Act.
These transfers of shares and receivables take effect as of July 1, 2004.
IV. -The contribution, by the company RFO Participations, to the company France Télévisions, of the entirety of its patrimony at the end of the transfers mentioned in II, is realized, in the context of a merger-absorption of RFO Participations by the company France Televisions solely by reason of the provisions of this IV.
This merger shall be carried out retroactively to 1 January 2004, and subject to the suspension of the contributions referred to in II and III.
V.-The transfers provided for in Of the right, and without the need for any
second subparagraph of Article L. 122-12 of the Labour Code shall apply to employees affected by transfers in accordance with the provisions of this Directive. Article.
VI. -Creation of Réseau France overseas mentioned in II takes ipso facto appointment of the directors of RFO Participations, to the board of directors of the new company Réseau France overseas.
Within three months to Count of the publication of this Law, the Companies France Télévisions and Réseau France Overseas shall bring their statutes in accordance with this Law.
The terms of office of the directors of the companies RFO Participations et Réseau France Overseas, with the exception of the President and Chief Executive Officer, who Publication of this Act, shall terminate on the date of publication of the order approving the statutory amendments required by this Act.
Until the expiration of three months from the date of publication of the Decree referred to in the preceding paragraph, the board of directors of Réseau France Overseas deliberates validly as soon as at least two-thirds of its members have been designated, subject to compliance with the quorum rules.
VII. -The provisions of this Article shall apply notwithstanding any provisions or provisions to the contrary.
All transactions relating to the transfer of property, rights, debts and obligations referred to in this Article or which may occur Under this Article, shall not give rise, directly or indirectly, to any collection of any rights, taxes or taxes of any kind whatsoever.
To get to a Better use of the spectrum resources allocated to the broadcasting of radio services in frequency modulation, and by way of derogation from Article 28 (1) of Act No. 86-1067 of 30 September 1986, the Conseil supérieur de l' audiovisuel May, as necessary, extend, out of call for applications, for a period which may not exceed two years the authorisations granted to the radio services on the basis of Article 29 of the same Law which shall expire between the date of the Publication of this Act and December 31, 2006.
As of July 1, 2004, the Conseil supérieur de l' audiovisuel proposes to each staff with an indefinite contract placed under Its authority before that date by virtue of Article 100 of Act No. 86-1067 of 30 September 1986 an employment under contract for an indefinite period.
The length of time during which such staff were placed under the authority of the Council Above the audiovisual sector or the National Communication Commission and Freedoms before 1 July 2004 is equivalent to the occupation of a public employment in the light of the rules for the calculation of seniority. The other modalities of this integration are defined between the Conseil supérieur de l' audiovisuel and the Société Télédiffusion de France.
I. -This Act applies to Mayotte.
II. -Are applicable in New Caledonia, in French Polynesia and in the Wallis and Futuna Islands:
-Articles 1, 10 (I to IV), 19 (4 ° to 7 ° and 12 °) and 23;
-Title II and Articles 102 and 103, as well as The provisions of the postal code and electronic communications to which they refer.
III. -Articles 1 and 23 and Title II shall apply in the French Southern and Antarctic
. -In Article 108 of Law No. 86-1067 of 30 September 1986, the words: And Mayotte " Are replaced by the words: " , in Mayotte and in the French Southern and Antarctic Lands. "
This Act will be enforced as the law of the State
Done at Paris, July 9, 2004.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
Minister of State, Minister of Economy,
Finance and Industry,
Nicolas Sarkozy
The Minister of the Interior,
internal security
and local freedoms,
Dominique de Villepin
Seals, Minister of Justice,
Dominique Perben
Minister of Culture
and Communication,
Renaud Donnedieu de Vabres
Minister From overseas,
Brigitte Girardin
Industry Minister,
Patrick Devedjian
(1) Act No. 2004-669.
-Preparatory work :
National Assembly:
Bill 1055;
Report by Mr Alfred Trassy-Paillogues, on behalf of the Committee on Economic Affairs, No 1413;
Opinion by Mr Emmanuel Hamelin, on behalf of the Committee on Economic and Monetary Affairs 1412;
Discussion on 10, 11 and 12 February 2004 and adoption, after emergency declaration, on 12 February 2004.
Senate:
Draft law, adopted by the Assembly National, No. 215 (2003-2004);
MM Report. Pierre Hérisson and Bruno Sido, on behalf of the Committee on Economic Affairs, No. 244 (2003-2004);
Opinion by Louis de Broissia, on behalf of the Committee on Cultural Affairs, No. 249 (2003-2004);
Discussion from 13 to 15 April 2004 and adoption on 15 April 2004.
National Assembly:
Bill, Amended by the Senate, No. 1548;
Report by Mr. Alfred Trassy-Paillogues, on behalf of the Joint Joint Committee, No. 1630;
Discussion and adoption on June 3, 2004.
Senate:
Report by MM. Pierre Hérisson and Bruno Sido, on behalf of the Joint Joint Committee, No. 327 (2003-2004);
Discussion and adoption on 3 June 2004.
-Constitutional Council:
Decision No. 2004-497 DC of 1 July 2004 published in the Official Journal of the day.
