JORF n ° 280, December 4, 2003 page 20747 text no. 65 Decision No. 2003-634 of 25 November 2003 authorising the Union association of local television stations of countries to use frequencies for the operation of a television service private broadcasts local character in clear terrestrially analog in the country of high Provence-Luberon (Provence Department) NOR: CSAX0301634S ELI : Not available the Conseil supérieur de l'audiovisuel, seen Act No. 86 - 1067 of 30 September 1986 as amended relating to the freedom of communication, and in particular articles 28 and 30;
Mindful of Decree No. 90 - 66 of 17 January 1990, as amended taken for the application of 2 ° of article 27 and 2 ° of article 70 of Act No. 86-1067 above and laying down the General principles for the broadcasting of cinematographic and audiovisual works;
Having regard to Decree No 90-67 January 17, 1990 amended taken for the purposes of 3 ° of article 27 of Act No. 86-1067 above and laying down the General principles regarding the contribution to the development of cinematographic and audiovisual production and the independence of the broadcasters producers;
Having regard to Decree No 92-280 of 27 March 1992 taken for the purposes of 1 ° of article 27 of Act No. 86-1067 above and laying down the General principles concerning the arrangements applicable to advertising and sponsorship;
Mindful of Decree No. 2001-609 of 9 July 2001 for the purposes of the 3 ° of article 27 and article 71 of Act No. 86-1067 above relating to the contribution of the editors of television services broadcast unencrypted terrestrially in analog mode to the development of the production of cinematographic and audiovisual works;
Having regard to decision No. 87-3 of 26 January 1987 modified setting the technical conditions of use of frequencies for broadcasting terrestrially the of television services;
Having regard to decision No. 2003-140 1 April 2003 relating to a call for tenders for the use of frequencies for the operation of private local television services broadcast unencrypted terrestrially analog in the country of high Provence-Luberon (Provence Department);
Having regard to the application for authorisation submitted on 26 May 2003 by the Union association of local television stations by country, the candidature file accompanying it together with the attachments sent to the Conseil supérieur de l'audiovisuel;
Having regard to the decision of the higher Audiovisual Council of 14 October 2003 approving the draft convention between the Conseil supérieur de l'audiovisuel and the association Union of local television by country;
Having regard to the convention concluded between the Conseil supérieur de l'audiovisuel and the association Union of local television by country November 18, 2003;
The association was heard in public hearing July 16, 2003;
After having deliberated, decides: Article 1 the association Union of local television stations by country (UTLP), June 19, 2000 at the prefecture of Forcalquier (Provence Department), headquartered is located course Aristide-Briand for mayor of Céreste (04280) is authorized to use the frequencies set out in annex I to the present decision for the operation of a television service private local character called TLP-Luberon broadcast unencrypted terrestrially analog in the land of high Provence-Luberon (Provence Department) for a daily minimum of 16 hours of programming, according to the conditions stipulated in the convention in annex II to this decision.
The allocation of frequencies is subject to the conditions laid down in annex I, the beneficiary of the authorization paying the costs of the changes induced by these conditions.
Article 2 the duration of the authorisation is five years from December 1, 2003.
The company is committed to begin the effective operation of the service within a period of three months from the date mentioned in this article.
The service will operate for the duration of the authorisation.
Article 3 the operation of the service is subject to specific rules which the content is established in the convention.
Article 4 the company is required to enforce the service itself. During the duration of the approval, the own activity of the association Union of local television by country (UTLP) is limited to the operation of the service provided for in article 1 of this decision and operations related directly.
Article 5 this authorization is not transferable.
Article 6 this decision shall be notified to the Union association of television local countries (UTLP) and published in the Official Journal of the French Republic.
Annex A N N E X E I frequencies for the operation of the TLP-Luberon service in the country of high Provence you can refer to the table in the OJ n ° 280 du 04/12/2003 page 20747 20754 (1) maximum 55 watt in the 180 ° azimuth.
(2) by maximum 15 w in an azimuth of 190 °.
(3) by maximum 2 w in the 352 ° azimuth.
(4) maximum ERP of 70 W in the sector including between directions of azimuths 260 ° and 80 °.
(5) by maximum of 40 W in the 0 ° azimuth.
The CSA may subsequently, if required by the development of the television networks, substitute for the listed channels other channels for reception of equal quality.
1. the beneficiary shall communicate the following information, which it will certify the accuracy to the CSA: information provided within a period of two months after commissioning:-technical description of the installation (type and nominal power of the transmitter, antenna... system);
-BY maximum and theoretical (H and V) radiation pattern;
-date of commissioning;
-comprehensive account of updates lag, shift changes, changes in channels and other changes mentioned above.
Information communicated without delay, if it is available:-measured radiation pattern.
This information is required at the specific request of the Council.
2. where the information referred to in 1 would be changed subsequently, the beneficiary shall communicate to the CSA an updated within a period of one month.
3. the beneficiary shall also communicate all information in its possession on the cover of the transmitter, in particular the results of coverage measurements in the area of service to the CSA.
4. If the CSA noted the failure to comply with the technical conditions of the authorization, the beneficiary is required to proceed by a body approved an audit of the conformity of its installation to the requirements contained in the technical annex to the authorization. The beneficiary will forward to the CSA the results of this audit.
A N N E X E I I CONVENTION between the Council superior of the audiovisual acting on behalf of the State, of the first PART, and the UNION ASSOCIATION of local television stations by country, hereinafter referred to as the Publisher, represented by Mr GÉRARD BAUMEL, PRESIDENT, of other PART, concerning the SERVICE of TELEVISION local TLP-LUBERON commitments and responsibilities devolving to the Publisher are derived from the General principles of law No. 86-1067 of 30 September 1986 supra on freedom of communication , including respect for the dignity of the human person, the protection of childhood and adolescence, dissemination and illustration of language and of French culture, the pluralistic nature of the expression of currents of thought and opinion, the honesty of the information, quality and diversity of programmes.
Pursuant to the provisions of section 28 of the Act of 30 September 1986, the parties have agreed on the following stipulations.
1st part object of the convention and Article editor presentation 1-1 purpose of the convention this convention has for object, in application of article 28 of the Act of 30 September 1986 supra, set the special rules applicable to the service TLP-Luberon edited by association Union of countries (UTLP) local television and the prerogatives of the Conseil supérieur de l'audiovisuel to ensure compliance , by the Publisher, of its obligations.
TLP-Luberon is a local proximity television service broadcast in clear analog terrestrially in the land of haute Provence (Provence Department).
Article 1-2 editor at the date of signature of this convention, the editor is an association governed by the law of 1901 as association Union of local television stations by country (UTLP), declared on 19 June 2000, the Prefecture of Forcalquier (Provence Department). Its headquarters is located course Aristide-Briand to the town of Céreste, 04280.
The association, responsible for editorial service, recruited journalists for the manufacture of information programming.
Set out in annex I to the convention, as they occur on the same date:-receipt of declaration by the association with the Sub-Prefecture.
-the composition of the bureau of the association;
-the copy of the agreement of 28 May 2003 between the Communauté de communes de Haute-Provence and the UTLP association as well as the amendment to the convention concluded on 19 August 2003 between the Communauté de communes de haute Provence and UTLP;
-the name of the Director of the publication, within the meaning of article 93-2 of Act No. 82-652 of July 29, 1982.
2nd General provisions part i. - broadcasting service Article 2-1-1 rules of use of the resource
Editor cannot, unless specific authorization, use frequency resources assigned to it for any purpose other than that provided for in this convention.
The publisher undertakes to operate itself a television service broadcast unencrypted terrestrially analog called TLP-Luberon, broadcasts a minimum of sixteen hours of daily programming, under the conditions stipulated in article 3-1-1 (I, programs, part 3).
The service will operate for the duration of the authorisation.
The publisher undertakes to bear the cost of the adjustments or modifications to the preservation of the quality of dissemination of television services regularly operated in the area.
Possible support of a portion of these costs by local authorities is subject to the prior agreement of the Conseil supérieur de l'audiovisuel.
The Publisher shall communicate to the Conseil supérieur de l'audiovisuel agreements with the agencies providing the production, transmission and dissemination of signals.
Article 2-1-2 territorial coverage editor ensures or does ensure the dissemination of its programmes terrestrially in analog mode from all program sites for which it enjoys an authorisation of use of resource in frequencies, in accordance with the technical conditions laid down by the authorising decision.
II. General Obligations Article 2-2-1 responsibility editorial editor is responsible for the content of the programs that it broadcasts.
It keeps in all circumstances the mastery of its antenna in accordance with a scheme of internal control described in annex II, that it undertakes to put in place.
Article 2-2-2 French the language of broadcast is the french. In the case of a broadcast in a foreign language, it gives rise to a simultaneous translation or subtitles.
The provisions laid down in the preceding paragraph do not apply to musical works.
The editor shall ensure proper use of the French language in its programming as well as in adjustments, dubbing and subtitling of foreign programmes. The editor strives to use the french in the titles of its emissions.
Article 2-2-3 IP editor respects French law on intellectual property.
Article 2-2-4 compliance schedules and programming editor made known its programs no later than 14 days before the first day of broadcasting the programmes of the relevant week. It is committed to no longer edit them in less than 10 days from the day of broadcast, it included, except requirements related to sporting events and exceptional circumstances:-new event related to the news.
-problem with the rights protected by the code of intellectual property;
-interest manifested for the public decided after consultation between the concerned channels.
-poor performance of significant hearing the first numbers or episodes of a series of programs.
The editor follows, subject to the constraints inherent in the dissemination of live broadcasts, at the release of its programming, programming schedules previously announced, under the conditions laid down in the preceding paragraph.
III. - Obligations ethical section 2-3-1 general principle in respect of the constitutional principles of freedom of expression and communication so that the editor editorial independence, it complies with the following stipulations.
For the assessment of compliance with these provisions, the superior Audiovisual Council takes into account the kind of the programme concerned.
Article 2-3-2 pluralism of expression of currents of thought and opinion editor shall ensure pluralism of the currents of thought and opinion, particularly in the context of the recommendations made by the Conseil supérieur de l'audiovisuel. It ensures a pluralistic political access to the antenna, in comparable programming conditions. Journalists, presenters, facilitators, or antenna employees shall respect an honest presentation of the mentioned facts and questions treated, including those that are controversial, and ensure a balance in the expression of different points of view as well in the comments in interviews or debates.
The editor transmits to the Conseil supérieur de l'audiovisuel, for such period as he tells it, the survey of political, Trade Union and professional intervention time.
Article 2-3-3 public life editor shall ensure in its programme:-do not encourage practices or behaviours delinquent or anti-social.
-to respect the sensitivities political, cultural and religious public;
-to discourage discriminatory behaviour because of race, sex, religion or nationality;
-to promote the values of integration and solidarity which are those of the Republic;
-to take into account, in the representation to the antenna, the diversity of origins and cultures of the national community.
Article 2-3-4 human rights the dignity of the human person is one of the components of public order. The Editor cannot derogate by specific agreements, even if the consent is expressed by the person concerned.
The publisher undertakes that no programming that it broadcasts is the dignity of the human person as it is defined by the Act and the jurisprudence.
The Publisher respects human rights relating to his private life, his image, his honour and his reputation as defined by the Act and the jurisprudence.
The editor shall in particular:-to what he is shown restraint in the dissemination of images or testimony likely to humiliate people.
-to avoid complacency in the evocation of human suffering, as well as any treatment demeaning or lowering the individual to the rank of object;
-that the evidence of persons on facts falling within their private life be taken without their consent enlightened;
-in that the participation of professionals to plateau, game or entertainment programming comes with no waiver on their part, irrevocable or for an indefinite period, to their fundamental rights, including the right to the image, the right to the intimacy of private life, the right to a remedy in case of damage.
He demonstrated measure when it disseminates information or images about a victim or a person in danger or distress.
Article 2-3-5 rights of the participants in some programming in its emissions, including games or entertainment, the publisher undertakes to do not put forward too the spirit of exclusion or promote defamatory or insulting statements against the participants.
Article 2-3-6 rights of stakeholders at the antenna persons involved to the antenna are informed, to the extent possible, the name and the subject of the show for which they are requested. When they are invited to a live debate, they are informed, insofar as possible, the identity and the quality of other stakeholders.
Article 2-3-7 testimony of minors the editor refrains from seeking the testimony of minors in difficult situations in their private lives, unless you ensure complete protection of their identity by an appropriate technical process and obtain the consent of the minor as well as the consent of at least one of the persons exercising parental authority.
Article 2-3-8 honesty of information and programs the requirement of honesty applies to the entire program.
The editor shall avoid any confusion between information and entertainment.
For its broadcasts of political and general information, the Publisher appealed to journalists.
The editor checks the validity and the sources of the information. To the extent possible, its origin must be indicated. Uncertain information is presented in the conditional.
The editor demonstrated rigor in the submission and processing of information.
It ensures the adequacy between the context in which images have been collected and the subject that they come to illustrate. Any use of archival footage is heralded by a pop-up on the screen. If necessary, mention is made of the origin of the images.
Images generated for a reconstruction or a scripting of actual facts, or supposedly such, must be submitted as such to viewers.
Subject of the caricature or the pastiche, when is made a montage of images or sounds, it cannot distort the original meaning of the words or images collected, nor abuse the Viewer.
In the news, Publisher agrees not to use technological processes to modify the meaning and content of the images. In other programming, the public must be notified of the use of these processes when their use can be confusing.
Recourse to methods of collecting images and sounds without the knowledge of people filmed or recorded shall be limited to the needs of the public information. It should be restricted to cases where it can get difficult to collect that information. The use of these processes must be brought to the attention of the public. The people and places should not be able to be identified, except or if the consent of the people was collected prior to the broadcast of the program.
«Music» or vote processes use viewers, who can be described as survey, shall not be presented as representative of the consensus or a particular group, or abusing the Viewer on the competence or the authority of requested persons.
Section 2-3-9 independence of information the editor ensures that emissions of political and general information that it broadcasts are carried out under conditions that guarantee the independence of the information. It is knowledge of the Conseil supérieur de l'audiovisuel the provisions that it implements for this purpose.
When the Publisher presents to antenna, apart from the advertising, publishing or distribution of audiovisual communication services activities developed by a corporation with which it has significant shareholding ties, it attaches, inter alia by the moderation of tone and the extent in the importance given to the topic, what this presentation is strictly informative. On this occasion, he tells the public the nature of these links.
Articles 2-3-10 judicial proceedings in respect of the right to information, programming, images, statements and documents proceedings or situations liable to give rise to a judicial investigation requires that attention be made, on the one hand, to respect the presumption of innocence, i.e. that a person not yet judged either not presented as guilty , secondly, to the secret of private life and, finally, to the anonymity of juvenile offenders.
The editor shall ensure, in the presentation of court decisions, that don't are not commented the jurisdictional decisions in conditions impair the authority of justice or its independence.
When judicial proceedings referred to in the antenna, the editor must ensure that:-the matter be treated with measurement, rigour and honesty.
-the processing of the case cannot constitute an obstacle characterized this procedure;
-pluralism is ensured by the presentation of the different theories in the presence, in particular ensuring that the parties concerned or their representatives are put in a position to make known their point of view.
Article 2-3-11 producers Information Editor will inform producers, on the occasion of the agreements he negotiated with them, provisions of its convention articles that appear in the "Ethical Obligations", with a view to ensuring compliance.
Article 2-3-12 specific commitments a Committee made up of independent personalities, which are listed in annex 3 of this convention, is made with the association to ensure respect for the principle of pluralism. The Conseil supérieur de l'audiovisuel is kept informed of any change in its composition. The Committee establishes a semi-annual review. This Committee can be consulted at any time by the direction of the association. The higher Audiovisual Council may solicit its opinion.
The editor will communicate to the Conseil supérieur de l'audiovisuel the list of local communities with which he directly or indirectly spent, where appropriate, partnership agreements and an agreement referred to in article 1 2 of the present convention if these agreements relate to the service object of the present convention.
IV. - Protection of childhood and adolescence Article 2-4-1 General principles the Publisher shall ensure that between 6 hours and 22 hours and a fortiori in the part dedicated to programming directed to youth, even psychological violence might be seen as continuous, pervasive, or presented as the sole solution to the conflicts.
The Editor takes precautions when hardly sustainable or particularly dramatic events evidence images are broadcast in newspapers, information programming or other programming of the program. The public must then be warned beforehand.
Article 2-4-2 Definition of categories of Programs editor resorted to a screening Committee which recommends a classification of programs. The composition of this commission is brought to the attention of the Conseil supérieur de l'audiovisuel.
The editor follows the classification of programmes according to five degrees of appreciation of the acceptability of these programs with regard to the protection of childhood and adolescence and applies the corresponding signs, according to the technical arrangements laid down by the Conseil supérieur de l'audiovisuel:-class I (no signage): programs for all audiences;
-category II (round symbol of white color with the a - 10 black inlay): programmes comprising scenes likely to strike 10 years miners;
-category III (round symbol of white color with the picture-in-a - 12 in black): cinematographic works prohibited to minors of 12 years, as well as programs that may disturb the minors of 12 years, including when the scenario uses so systematic and repeated physical or psychological violence;
-category IV (pictogram round white with the a - 16 black inlay): cinematographic works prohibited to minors of sixteen years, as well as erotic or extreme violence, programmes likely to impair the development of physical, mental or moral of minors under sixteen;
-category V (pictogram round white with the picture-in-a - 18 in black): cinematographic works prohibited to minors of 18 years as well as pornographic or very violent, programmes reserved for an adult audience informed and likely to impair the physical, mental or moral of minors of 18 years development.
More particularly of cinematographic works, the classification allocated to them for their screening in cinemas may serve as an indication for their classification for their passage to the television. It is however for the editor to check that this classification can be transposed without damage for a release on television and, where appropriate, to strengthen.
Article 2-4-3 Conditions of programming of the programs of the different categories the editor meets the following programming requirements for each of the categories set out in article 2-4-2 of this convention:-category II: these programs broadcast schedules are left at the discretion of the editor, on the understanding that this dissemination cannot intervene in programming directed to children.
The editor will bring attention to the programmes under this category trailers broadcast in children's programming or nearby;
-category III: these programs should not be broadcast before 10 pm. Exceptionally, it may be permitted a diffusion of programs in this category after 20:30, except on Tuesdays, Fridays, Saturdays, Eves of public holidays and during school holiday periods. For cinematographic works banned in less than twelve years, the number of these exceptions cannot exceed four per year.
The trailers of category III programs shall not have scenes likely to offend the sensibilities of young audiences. In addition, they cannot be broadcast close to children's programming.
-category IV: reserved for an informed public, these programs cannot be broadcast after 10:30 pm.
The trailers of these programs shall not have scenes likely to offend the sensibilities of young audiences. In addition, they may not be broadcast before 8.30 pm;
-category V: these programs subject to a total ban of dissemination.
Article 2-4-4 signage the signs referred to in article 2-4-2 should be brought to the attention of the public, at the time of the broadcast of the concerned program in the trailers as well as in the transmitted programs to the press.
This signage will be presented to the antenna as follows: 1. in the trailers: the pictogram of the category in which the program is classified appears for the duration of the trailer.
2. when the dissemination of programmes: for category II programs: has) appearance of the pictogram: when programs have lasting 30 minutes or less, the pictogram will be present on the screen for at least five minutes at the beginning of the program.
When programs have lasting more than thirty minutes and include one or more advertising breaks, the pictogram will be present on the screen for at least five minutes at the beginning of the program and a minute after each commercial break.
When these programs have lasting more than thirty minutes and contains no advertising breaks, the pictogram will be present on the screen according to one of the following options:-for at least five minutes at the beginning of the program and a second time for one minute after the first fifteen minutes;
-during at least twelve minutes at the beginning of the program.
b) appearance of the words: the 'deprecated in less than 10 years' notice shall appear on the air in one of the following options:-at the bottom of the screen, in white, at least for one minute at the beginning of the program;
-full screen, before the program, at least for twelve seconds.
For category III programs, the pictogram will be present on the screen throughout the broadcast of the program.
The mention "not recommended for under-12s" or, where appropriate, mention of the ban to minors of 12 years, issued by the Minister of culture, should appear to the antenna in white for at least one minute at the beginning of the program or full-screen, before program, for at least twelve seconds.
For category IV programs, the pictogram will be present on the screen throughout the broadcast of the program.
Marked "deprecated aged less than 16" or, where appropriate, mention of the ban to minors of 16 years, attributed by the Minister responsible for culture, must appear to the antenna in white for at least one minute at the beginning of the program or full-screen, before the program for at least 12 seconds.
The signage does not exempt the Publisher to comply with the provisions of Decree No. 90-174 February 23, 1990, as amended prior notice of the public, both during the broadcast of cinematographic works prohibited to minors than in the trailers that concern.
Given their brevity and the absence of trailers prior to their dissemination, the clips are exempt from the systematic nature of the signage.
However, the signage must be used to warn the public of programs that comprise of videomusics according to themes that are directed to children or adolescents.
For clips that may offend the sensibilities of younger, the editor strives to broadcast after 10 pm.
Section 2-4-5 annual campaign editor participates in the dissemination of an annual campaign of information and awareness of the public on the guard of childhood and adolescence on television according to objectives defined in agreement with the Conseil supérieur de l'audiovisuel.
3rd Special Stipulations part i. - programs section 3-1-1 Nature and duration of programming all of the broadcast program is designed or assembled by the editor.
The local program lasts at least ten hours of weekly programs produced locally, first-run, with a minimum of 1 hour daily first-run. The editor informs the Board of Governors of the daily duration of its programme, as well as any changes. A programme schedule is indicative, in the annex to this convention.
Article 3-1-2 the General features of the programme the General features of the programme are the following: a) locally produced mainly include information programmes, economic, educational, cultural, political, sports magazines, service or discovery a significant portion is devoted to local information.
(b) the publisher undertakes to retain full editorial control of emissions which he produced or co-produced in association with its partners;
(c) the publisher undertakes to broadcast any programmes or rebroadcast performances or demonstrations which it does not hold the rights to broadcast.
Article 3-1-3 corporate communications the editor is allowed to be programmed, for remuneration or other valuable consideration, emissions of institutional communication whenever they do not emanate from political parties or groupings, trade unions, religious or philosophical groups and undertakings are governed by the economic sectors including advertising subject to a ban on legislative or regulatory.
Institutional communication emissions are placed under the responsibility of the Director of the publication which is subject to the provisions of articles 6, 93-2 and 93-3 of Act No. 82-652 of July 29, 1982.
These emissions must be the subject of contracts that the publisher undertakes to communicate to the Council accompanied rates it has set for itself if such programs give rise to compensation.
These programs are broadcast with a specific generic start and end of the show, clearly indicating the identity of organisms which are originally. For local authorities, signatures to the generic are those of the legal person (commune, Department, region). The personalities or the communes, departments and regions cannot be signatories.
The daily duration of all of these emissions (dissemination and rebroadcasting) does not exceed one hour.
These emissions have an informative purpose to present the activities of organizations that have access to it.
They may not contain any advertising or promotional character for a product or service.
When it comes to emissions of local authorities and their fumes, they may not contain any promotional character for the elected representatives or political groupings component elected assemblies. They must comply with the provisions of article L. 52 - 1 of the electoral code, in its period of application.
Article 3-1-4 advertising commercials are inserted under the conditions laid down by Decree No 92-280 of 27 March 1992 amended.
The time devoted to the broadcasting of advertising messages does not exceed 12 minutes per antenna hour (sixty minutes) daily average, no more than 15 minutes for a given hour (sixty minutes).
The dissemination of a cinematographic or audiovisual work can be more of a commercial break, unless waived by the Conseil supérieur de l'audiovisuel.
Advertising illegal, as defined in article 9 of Decree No 92 - 280 of 27 March 1992 amended, is prohibited. Referrals, outside advertising to electronic communication services surcharge (Audiotel, Télétel, SMS, etc.) and websites published by the Publisher are eligible, inasmuch as they are punctual and discrete and that this reference fits in direct extension of the programme being broadcast. So that is assured a perfect information to viewers about the cost of communications, it should be exposed continuously in characters identical to those of the telephone or telematic coordinates. The editor allows the Viewer every time that it is feasible to manifest itself through less expensive than premium rate telephone and telematic services, such as a connection to the internet does not subject a specific invoice or on plain paper.
The editor ensures a clear identification of the advertising in programming directed to youth. To this end, it uses for all of these emissions, generics of advertising for a minimum of 4 seconds, composed of sound and Visual elements allowing young people to identify them easily.
The editor strives to avoid variations in loudness between programs and advertising screens.
Article 3-1-5 sponsorship pursuant to the provisions of Decree No 92-280 of 27 March 1992 amended, sponsored television broadcasts must be clearly identified as such at the beginning or end of the programme. During these emissions and in their trailers, the mention of the sponsor is possible only insofar as it remains timely and discreet.
In programming for youth, this reminder of sponsorship must be of modest size and subject to terms not exceeding 5 seconds and separated from each other by a reasonable period.
To avoid confusion in the minds of young viewers, the Publisher shall ensure that there is no interference between the name of the sponsor or any of its brands and a program for youth or an element thereof.
Article 3-1-6 teleshopping the publisher undertakes to not broadcast teleshopping programming envisaged by the Decree No 92-280 of 27 March 1992 amended.
II. - Dissemination and production of audiovisual works Article 3-2-1 dissemination of audiovisual works the editor reserve, in the total of the time annually devoted to the broadcasting of audiovisual works, at least 60% for the broadcasting of European works and 40% to the dissemination of works of French original expression within the meaning of articles 4, 5 and 6 of Decree No. 90-66 of 17 January 1990, as amended.
The obligations referred to in the previous paragraph must be also observed significant listening hours, within the meaning of article 27 of the amended Act of 30 September.
The editor program and broadcasts devoted to the arts and live shows in the region. It promotes the dissemination of different forms of expression of local and regional cultural identity.
Section 3-2-2 Relations with producers the publisher undertakes to ensure equal treatment between local producers of audiovisual works and to promote free competition in the sector of production.
The publisher undertakes that the contracts concluded for the acquisition of broadcast rights include encryption of each acquired right, individualizing the number of passages, their length of detention and the Territories concerned.
This commitment does not cover contracts of acquisition of rights to broadcast music videos.
III. Dissemination and production of cinematographic works Article 3-3-1 Quotas of European cinematographic works and French original expression linker reserves, in the total number of broadcasts and re-runs of films of long duration, at least 60% for the broadcasting of European works and 40% to the dissemination of works of French original expression within the meaning of articles 2, 3, 5 and 6 of Decree No. 90-66 of 17 January 1990, as amended.
The obligations referred to in the preceding paragraph must also be respected in the primetime hours, within the meaning of the Decree No. 90-66 of 17 January 1990, as amended, or between 8:30 and 10:30 pm.
Section 3-3-2 Quantum and diffusion grid service broadcasts not annually more than 52 cinematographic works of long duration.
The ceilings referred to in the preceding paragraph refers to all broadcasts and re-runs of any kind that they are.
No cinematographic work long term will show, on the one hand, Wednesday night, Friday night, secondly, on Saturday, all day, and on Sunday, before 8.30 pm.
Article 3-3-3 chronology of media contracts by the Publisher for the acquisition of broadcast rights to works, cinematographic provide the time limit at the end of which the dissemination thereof may intervene.
When there is an agreement between one or several professional organizations of the film industry and the editor on the timelines applicable for one or several types of television exploitation of cinematographic works, the time limits laid down by this agreement are binding on the Publisher.
Section 3-3-4 pluralistic Presentation of film news if the Publisher presents the news of cinematographic exits in rooms within programs devoted to this news, he is committed to what this presentation is pluralistic and diverse.
4th part control and contractual penalties i. - control A. - control of the association section 4-1-1 development of the association and the Management informed editor bodies immediately the Conseil supérieur de l'audiovisuel of any change in the composition of the bureau of the association referred to in article 1-2 of the convention as well as of any amendment statutory and regulatory association.
The editor shall inform the Conseil supérieur de l'audiovisuel of the change of the Director of the publication.
Alterations to the information of the Conseil supérieur de l'audiovisuel in application of the preceding paragraphs give rise to approval of the latter.
The approval of the Conseil supérieur de l'audiovisuel shall be express. The Council shall decide within a maximum period of two months after he got all the elements necessary to its statement.
Section 4-1-2 economic information licensee association passes to the Higher Council of audiovisual, within six months of the close of each fiscal year, its balance sheet, the profit and loss account and annex, as well as its annual report.
The licensee association communicates to the Conseil supérieur de l'audiovisuel, at his request, the balance sheets and annual reports of the association.
B. - Monitoring of compliance of obligations Article 4-1-3 control of Programs editor shall communicate its programs to the Conseil supérieur de l'audiovisuel fourteen days at least before they are broadcast.
The Publisher retains three weeks at least a record of the programs that it broadcasts as well as drivers of corresponding programmes. The Conseil supérieur de l'audiovisuel may request the editor these elements on a support which it defines the characteristics.
Furthermore, it arranges for the conservation of documents that might give rise to a right of reply as provided for in article 6 of the law of July 29, 1982.
Article 4-1-4 information on compliance with the obligations pursuant to the provisions of article 19 of the law of 30 September 1986 supra, the Publisher shall communicate to the Conseil supérieur de l'audiovisuel all information which the latter deems necessary to ensure compliance with its statutory and regulatory obligations as well as those resulting from this convention.
This information includes, at the request of the Conseil supérieur de l'audiovisuel, the complete copy of orders and purchases of audiovisual and cinematographic works contracts.
They also include, at the request of the Conseil supérieur de l'audiovisuel, communication of contracts concluded with non-professionals and their participation in issues of shelf, game or entertainment-related, so the Conseil supérieur de l'audiovisuel is able to verify compliance with obligations that apply to the editor. In the event that these contracts are not concluded by the editor itself but by a production company, production contract that binds Editor to production editor must clearly indicate that the latter should, if the higher Audiovisual Council requests, communicate these contracts to the editor who will forward them to the Conseil supérieur de l'audiovisuel. The reported data are confidential.
The communication of data will be carried out according to standards and procedures defined by the Conseil supérieur de l'audiovisuel, both for the obligations of broadcasting of works for production obligations.
The Conseil supérieur de l'audiovisuel will endeavour to encourage the transmission of information by means of computerised supports.
The editor communicates to the Higher Council of audiovisual, at his request and in confidence, information about the cost and funding of the broadcasts, other than cinematographic and audiovisual works.
Publisher shall communicate to the Higher Council of audiovisual, at his request and in confidence, hearing studies he realizes.
The editor communicates annually to the Conseil supérieur de l'audiovisuel, no later than March 31, a report on the conditions of implementation of its obligations and commitments for the previous fiscal year for programs.
The editor provides annually to the Conseil supérieur de l'audiovisuel list of audiovisual production companies, whether they are french or not, right with which it contracted.
Article 4-1-5 resumption of programs of another service the Publisher shall communicate to the Conseil supérieur de l'audiovisuel, within eight days after their conclusion, all agreements for the resumption or part of another television service programmes.
II. Contractual penalties Article 4-2-1 remains the superior Audiovisual Council may require the Publisher to comply with the provisions contained in the convention and the endorsements that could it be annexed. It shall make public this formal notice.
Section 4-2-2 penalties without prejudice to the penalties laid down in articles 42-2 and following of the law of 30 September 1986 supra, the superior Audiovisual Council may for non-compliance of any of the provisions of the convention or amendments thereto which may be annexed to it, taking into account the gravity of the breach and after notice, the pronounce against the editor one of the following penalties : 1 ° suspension of authorization or a part of the program for a month at most.
2 ° a penalty, which the amount cannot exceed the ceiling provided for in article 42-2 of the Act of 30 September 1986, if the breach is not constitutive of a criminal offence;
3 ° the reduction of the duration of the authorisation of use of frequencies within the limit of a year.
New breach of any provision of this agreement which gave rise to the making of a sanction, the Supreme Council of audiovisual may impose a penalty which the amount cannot exceed the ceiling fixed in case of recidivism by article 42-2 of the Act of 30 September 1986.
Article 4-2-3 Insertion of a release in the case of breaches of the provisions of this convention, the Conseil supérieur de l'audiovisuel may order the insertion in the programmes of the editor of a release which it sets out the terms and conditions of release.
Article 4-2-4 Procedure contractual penalties referred to in articles 4-2-2 and 4-2-3 of the present convention are pronounced by the Conseil supérieur de l'audiovisuel in compliance with the guarantees laid down in article 42 et seq. of the above-mentioned Act of 30 September 1986.
5th part concluding Stipulations Article 5-1 Amendment No provision of this convention may impede that the legislative and regulatory provisions which can intervene, subsequent to the signing of this convention are applicable to the editor.
Any legislative or regulatory changes applicable to the service will lead to a revision of the convention, as appropriate.
This convention may be revised by a mutual agreement between the Publisher and the Conseil supérieur de l'audiovisuel.
Done at Paris, in two original copies, November 18, 2003.
To the Editor: president, G. Baumel for the Council superior audiovisual: president, D. Baudis note. -Annex 1 referred to in article 1 and 2 of the convention is available at the Conseil supérieur de l'audiovisuel.
Annex 2 referred to in article 2-2-1 of this convention is available at the Conseil supérieur de l'audiovisuel.
Annex 3 referred to in article 2-3-12 of this convention is available at the Conseil supérieur de l'audiovisuel.
Done at Paris, on November 25, 2003.
For the Conseil supérieur de l'audiovisuel: president, D. Baudis