Key Benefits:
The Conseil supérieur de l'audiovisuel,
Having regard to Act No. 86-1067 of 30 September 1986 on freedom of communication, including articles 28 and 30;
In view of the amended Decree No. 90-66 of 17 January 1990 adopted for the application of the 2nd of Article 27 and the 2nd of Article 70 of the above-mentioned Law No. 86-1067 and establishing the general principles concerning the dissemination of film and audiovisual works;
Considering the amended Decree No. 90-67 of 17 January 1990 for the application of the 3rd of Article 27 of the above-mentioned Act No. 86-1067, setting out the general principles concerning the contribution to the development of film and audiovisual production and the independence of producers in respect of broadcasters;
In view of Decree No. 92-280 of 27 March 1992 adopted for the application of the 1st of Article 27 of Law No. 86-1067 referred to above and establishing the general principles concerning the regime applicable to advertising and sponsorship;
In view of Decree No. 2001-609 of 9 July 2001 adopted for the application of the 3rd of Article 27 and Article 71 of the above-mentioned Act No. 86-1067 on the contribution of the television service publishers broadcast in plain air in analog mode to the development of film and audiovisual works;
Having regard to Decision No. 87-3 of 26 January 1987, as amended, defining the technical conditions for the use of frequencies for the terrestrial airway broadcasting of television services;
Having regard to Decision No. 2003-140 of 1 April 2003 on a call for applications for the use of frequencies for the operation of local private television services broadcast in clear air by terrestrial analog channel in the country of Haute Provence-Lubéron (departement des Alpes-de-Haute-Provence) ;
Having regard to the application by the Union des télévisions locale de pays association on 26 May 2003, the application file accompanying it and all the additional documents transmitted to the Conseil supérieur de l'audiovisuel;
Considering the deliberation of the Conseil supérieur de l'audiovisuel of 14 October 2003 approving the draft convention between the Conseil supérieur de l'audiovisuel and the Union des télévisions locales de pays association;
Having regard to the agreement between the Conseil supérieur de l'audiovisuel and the Union des télévisions locale de pays association on 18 November 2003;
The association was heard in public hearing on 16 July 2003;
After deliberating it,
Decides:
The Union des télévisions locales de pays (UTLP), declared on 19 June 2000 at the prefecture of Forcalquier (department of the Alpes-de-Haute-Provence), whose head office is located in the Aristide-Briand town hall of Céreste (04280) is authorized to use the frequencies mentioned in annex I to this decision for the operation of a private television service
The allocation of frequencies is subject to the conditions set out in Appendix I, the recipient of the authorization taking charge of the costs of the modifications induced by these conditions.
The duration of the authorization is five years from December 1, 2003.
The company undertakes to commence the effective operation of the service within three months of the date mentioned in this section.
The service will be operated for the duration of the authorization.
The operation of the service is subject to specific rules whose content is set out in the agreement.
The company is required to ensure the service itself. For the duration of the authorization, the specific activity of the Union des télévisions locales de pays (UTLP) association is limited to the operation of the service provided for in Article 1 of this decision and to the operations that relate directly to it.
This authorization is incessant.
This decision will be notified to the Union des télévisions locales de pays (UTLP) association and published in the Official Journal of the French Republic.
A N N E X E I
Frequency for the operation of the TLP-Lubéron service in the country of high Provence
You can see the table in the OJ
n° 280 of 04/12/2003 page 20747 to 20754
(1) A maximum of 55 W in the 180° azimu.
(2) A maximum of 15 W in the 190° azimu.
(3) A maximum of 2 W in the azimut 352°.
(4) A maximum of 70 W in the area between the directions of azimuts 260° and 80°.
(5) A maximum of 40 W in the azimut 0°.
The CSA may subsequently, if required by the development of television networks, replace the channels indicated by other channels allowing for an equivalent quality reception.
1. The recipient is required to provide the following information to the CSA, which will attest to the accuracy of:
Information provided within two months of the commissioning:
- technical description of the installation (type and nominal power of the transmitter, antenna system...);
- Maximum and theoretical radiation diagram (H and V);
- date of service;
- comprehensive reporting of offsetting, shifting changes, channel changes and other changes mentioned above.
Information provided without delay, if available:
- measured radiation diagram.
This information is required upon express request from the board.
2. In the event that the information listed in 1 is subsequently amended, the recipient will provide the CSA with an updated version within one month.
3. The recipient is also required to provide the CSA with all information in its possession on the issuer's coverage, in particular the results of coverage measures in the service area.
4. If the CSA has found non-compliance with the technical conditions of the authorization, the recipient is required to conduct an audit of the compliance of the facility by a registered organization with the requirements set out in the technical annex to the authorization. The recipient will forward the results of this audit to the CSA.
A N N E X E I
CONVENTION AGAINST THE ASSOCIATION OF THE ASSISTANCE OF THE ASSISTANCE OF THE ASSOCIATION OF THE LOCAL COUNTRY TELEVISIONS, THE ASSOCIATION OF THE EDITOR, REPRESENTED BY M. GÉRARD BAUMEL, CHAIRMAN, D'AU SERVICE
The responsibilities and commitments of the publisher are derived from the general principles set out in Act No. 86-1067 of 30 September 1986 on freedom of communication, including respect for the dignity of the human person, the protection of childhood and adolescence, the dissemination and illustration of the French language and culture, the pluralistic nature of the expression of the currents of thought and standing, the diffusion and illustration of the French language and culture,
Pursuant to the provisions of Article 28 of the Act of 30 September 1986, the parties agreed on the following provisions.
PART 1
Purpose of the convention and submission of the publisher
Article 1-1
Purpose of the convention
The purpose of this Agreement is, pursuant to Article 28 of the Act of 30 September 1986 referred to above, to establish the specific rules applicable to the TLP-Lubéron service published by the Union des télévisions locales de pays (UTLP) association and the prerogatives available to the Conseil supérieur de l'audiovisuel to ensure compliance by the publisher with its obligations.
TLP-Lubéron is a local community-based television service broadcast on air by analog terrestrial channel in the country of high Provence (department of the Alpes-de-Haute-Provence).
Article 1-2
Editor
On the date of signing of this Agreement, the publisher is an association governed by the law of 1901, known as Union des télévisions locale de pays (UTLP), declared on 19 June 2000 at the Forcalquier Prefecture (department of the Alpes-de-Haute-Provence). Its head office is located in the Aristide-Briand City Hall of Céreste, 04280.
The association, the only editorial official of the service, recruits journalists for the production of information programmes.
Figure in Appendix I to this Agreement, as they appear on that same date:
- the receipt of declaration of the association to the sub-prefecture;
- the composition of the office of the association;
- a copy of the agreement reached on 28 May 2003 between the Community of communes of Haute-Provence and the UTLP association and the agreement reached on 19 August 2003 between the Community of communes of Haute-Provence and UTLP;
- the name of the director of publication, as defined in section 93-2 of Act No. 82-652 of 29 July 1982.
PART 2
General provisions
I. Dissemination of the service
Article 2-1-1
Resource use rules
The publisher may not, except for specific authorization, use the frequencies allocated to it for use other than that provided for in this Convention.
The publisher undertakes to operate a light-air television service, known as TLP-Lubéron, broadcasts a minimum of sixteen hours of daily programming, under the conditions specified in 3-1-1 (I, Programs, Part 3).
The service will be operated for the duration of the authorization.
The publisher undertakes to take charge of the cost of the necessary modifications or adjustments to preserve the broadcast quality of the television services regularly operated in the area.
The possible management of some 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 the conventions concluded with the agency(s) providing the production, transmission and distribution of the signals.
Article 2-1-2
Territorial coverage
The publisher ensures or ensures the broadcast of its programs by terrestrial hertzian in analog mode from all the emission sites for which it receives an authorization for the use of frequencies, in accordance with the technical conditions defined by the authorization decision.
II. - General obligations
Article 2-2-1
Editorial responsibility
The publisher is responsible for the content of the programs it broadcasts.
It retains in all circumstances the control of its antenna in accordance with an internal control device described in Annex II, which it undertakes to establish.
Article 2-2-2
French language
The language of broadcast is French. In the case of a program broadcast in a foreign language, it is a simultaneous translation or subtitle.
The stipulations set out in the preceding paragraph do not apply to musical works.
The publisher ensures the correct use of the French language in its programming, as well as in adaptations, dubbing and captioning of foreign programs. The publisher endeavours to use French in the titles of its programs.
Article 2-2-3
Intellectual property
The publisher respects French intellectual property legislation.
Article 2-2-4
Compliance with schedules and programming
The publisher shall notify its programs no later than 14 days before the first day of broadcast of the programs of the week concerned. It undertakes not to modify them within 10 days of the broadcast day, except for the requirements of sporting events and exceptional circumstances:
- a new event related to news;
- problem related to rights protected by the intellectual property code;
- decision of justice;
- technical incident;
- manifest interest in the public decided after consultation between the channels concerned;
- significant counter-performance of the first issues or episodes of a series of programs.
The publisher shall, subject to the constraints inherent in the broadcast of live programming, in the broadcast of its programs, meet the programming schedules previously announced, subject to the conditions set out in the preceding paragraph.
III. - Ethics obligations
Article 2-3-1
General principle
In accordance with the constitutional principles of freedom of expression and communication, as well as the editorial independence of the publisher, the publisher respects the following provisions.
For the assessment of compliance with these provisions, the Higher Audiovisual Council takes into account the type of program involved.
Article 2-3-2
Pluralism of expression
currents of thought and opinion
The publisher ensures the pluralism of the currents of thought and opinion, particularly in the context of the recommendations made by the Conseil supérieur de l'audiovisuel. It ensures a pluralistic access to political training on the air, under comparable programming conditions. Journalists, presenters, facilitators or airlines ensure that they respect an honest presentation of the facts mentioned and the issues dealt with, in particular, those who are controversial, and ensure balance in the expression of the different points of view both in the comments and in the interviews or debates.
The publisher transmits to the Conseil supérieur de l'audiovisuel, for the period he indicates, the statement of political, trade union and professional participation times.
Article 2-3-3
Public life
The editor watches in his program:
- not to incite delinquent or incivic practices or behaviours;
- to respect the various political, cultural and religious sensitivities of the public;
- not to encourage discriminatory behaviours due to race, sex, religion or nationality;
- to promote the values of integration and solidarity that are those of the Republic;
- to consider, in the representation on the air, 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 publisher cannot derogate from it by specific conventions, even if consent is expressed by the interested person.
The publisher undertakes to ensure that no programming it broadcasts affects the dignity of the human person as defined by law and jurisprudence.
The publisher respects the rights of the person relating to his privacy, image, honour and reputation as defined by law and jurisprudence.
The publisher watches in particular:
- to show restraint in the dissemination of images or testimonies that may humiliate people;
- to avoid complacency in the evocation of human suffering, as well as any deviating or reducing treatment of the individual as an object;
- that the testimony of persons on facts relevant to their privacy be collected only with their informed consent;
- that the participation of non-professionals in programmes of tray, play or entertainment shall not be accompanied by any waiver on their part, irrevocably or for an indefinite period, of their fundamental rights, including the right to image, the right to privacy, the right to appeal in the event of injury.
It demonstrates a measure when it distributes information or images concerning a victim or a person at risk or distress.
Article 2-3-5
Rights of participants in certain emissions
In its programs, such as games or entertainment, the publisher undertakes not to overemphasize the spirit of exclusion or to encourage defamatory or insulting words against the participants.
Article 2-3-6
Stakeholder rights on the air
On-air participants are informed, to the extent possible, of the name and subject of the program for which they are requested. When invited to a live debate, they are informed, to the extent possible, of the identity and quality of other stakeholders.
Article 2-3-7
Testimony of minors
The publisher refrains from seeking testimony from minors placed in difficult situations in their privacy, unless it ensures full protection of their identity through an appropriate technical process and collects the consent of the minor and the consent of at least one of the persons exercising parental authority.
Article 2-3-8
Honesty of information and programs
The honesty requirement applies to the entire program.
The publisher ensures that there is no confusion between information and entertainment.
For its political and general information programs, the publisher calls on journalists.
The editor checks the appropriateness and sources of information. To the extent possible, its origin must be indicated. Uncertain information is presented to the conditional.
The publisher demonstrates rigour in the presentation and processing of information.
It ensures the adequacy between the context in which images were collected and the subject they come to illustrate. Any use of archive images is announced by an inlay on the screen. If necessary, mention is made of the origin of the images.
The images produced for a re-enactment or scripting of actual or supposed facts must be presented as such to viewers.
Subject to caricature or pastiche, when an image or sound is mounted, the image cannot distort the original meaning of the words or images collected, nor abuse the viewer.
In the information programming, the editor forbids the use of technological processes to alter the meaning and content of the images. In other programs, the public must be notified of the use of these processes when their use can be confusing.
The use of processes to collect images and sounds without the knowledge of people filmed or recorded must be limited to the needs of public information. It must be restricted to cases where it allows for information difficult to collect otherwise. The use of these processes must be made known to the public. Individuals and places must not be able to be identified, except for exceptions or if the consent of the persons was collected prior to the broadcast.
The use of "microtrotoir" or televiewer voting processes, which cannot be described as a survey, must not be presented as representative of the general opinion or of a particular group, nor abuse the viewer on the competence or authority of the requested persons.
Article 2-3-9
Independence of information
The publisher ensures that the broadcast of political and general information is carried out under conditions that guarantee the independence of information. It shall bring to the attention of the Conseil Supérieur de l'audiovisuel the provisions it implements for this purpose.
When the publisher presents, outside the advertising screens, audio-visual communication services editing or distribution activities developed by a legal entity with which he has significant links, he attaches, in particular, to the moderation of the tone and to the extent given to the subject, that this presentation is strictly informative. On this occasion, he informs the public of the nature of these links.
Articles 2-3-10
Judicial proceedings
In respect of the right to information, the dissemination of programs, images, comments or documents relating to judicial proceedings or facts that may give rise to judicial information requires that particular attention be paid, on the one hand, to respect for the presumption of innocence, that is, that a person not yet tried is not presented as guilty, on the other hand, to a private life, to the secret
The publisher shall ensure, in the presentation of court decisions, that judicial decisions are not commented on under conditions that may affect the authority of justice or its independence.
When an ongoing judicial procedure is referred to on the air, the publisher must ensure that:
- the case is handled with measure, rigour and honesty;
- the processing of the case does not constitute an obstacle characterized by this procedure;
- pluralism is ensured by the presentation of the various theses in the presence, including ensuring that the parties involved or their representatives are able to make their views known.
Article 2-3-11
Information of producers
The publisher will inform the producers, on the occasion of the agreements he negotiates with them, of the provisions of the articles of his convention which are contained in the "Social Obligations" section, with a view to ensuring compliance.
Article 2-3-12
Specific commitments
A committee composed of independent personalities, which is listed in Annex 3 to this Convention, is established with the association to ensure respect for the principle of pluralism. The Conseil supérieur de l'audiovisuel is kept informed of any changes in its composition. The committee prepares a semi-annual report. This committee can be consulted at any time by the management of the association. The Conseil supérieur de l'audiovisuel may solicit its opinion.
The publisher shall communicate to the Conseil supérieur de l'audiovisuel the list of local authorities with which it has directly or indirectly passed, if any, partnership agreements and a convention referred to in Article 1-2 of this Agreement when these agreements relate to the service subject to this Agreement.
IV. - Child protection
and adolescence
Article 2-4-1
General principles
The publisher ensures that, between 6 a.m. and 22 a.m. and a fortiori in the part dedicated to youth programming, violence, even psychological, cannot be perceived as continuous, omnipresent or presented as the only solution to conflicts.
The publisher takes the necessary precautions when hard-sustainable images or testimonies of particularly dramatic events are broadcast in newspapers, news programs or other program programs. The public must be notified beforehand.
Article 2-4-2
Definition of programme categories
The publisher uses a viewing commission that recommends a program classification. The composition of this commission is brought to the attention of the Conseil supérieur de l'audiovisuel.
The publisher respects the program classification according to five degrees of appreciation of the acceptability of these programs with regard to the protection of children and adolescents and applies the corresponding signage, in accordance with the technical terms defined by the Conseil supérieur de l'audiovisuel:
- Category I (no signage): programs for all audiences;
- Category II (round white pictogram with the incrustation of one - 10 in black): programs with certain scenes likely to hit 10-year-olds;
- Category III (a round gram of white colour with the incrustation of one - 12 in black): film works prohibited to minors under the age of twelve, as well as programs that can disturb minors under the age of 12, especially when the scenario systematically and repeatedly uses physical or psychological violence;
- Category IV (a round gram of white colour with the incrustation of one - 16 in black): film works prohibited to minors aged sixteen, as well as programmes of erotic character or great violence, which could affect the physical, mental or moral development of minors aged sixteen;
- category V (round white pictogram with the incrustation of one - 18 in black): film works prohibited to minors under 18 years of age, as well as pornographic or very violent programs, reserved for an informed adult public and liable to harm the physical, mental or moral development of minors under 18 years of age.
In particular with regard to cinematographic works, the classification assigned to them for their screening in theatres can be used as an indication for their classification for their passage to television. However, it is up to the publisher to verify that this classification can be transposed without damage to a television broadcast and, if necessary, to strengthen it.
Article 2-4-3
Programme programming conditions
of the different categories
The publisher shall adhere to the following programming conditions for each of the categories set out in section 2-4-2 of this Agreement:
- Class II: the broadcast schedules of these programs are left to the publisher's appreciation, on the understanding that this broadcast cannot be used in the programming intended for children.
The publisher will pay particular attention to the trailers of programs in this category broadcast in children's programming or in the vicinity;
- Category III: These programs should not be broadcast by 10 p.m. On an exceptional basis, it may be allowed to broadcast programs of this category after 8:30 p.m., except Tuesdays, Fridays, Saturdays, public holidays and during school holidays. For film works prohibited to under twelve years of age, the number of such exceptions may not exceed four per year.
Class III program trailers should not include scenes that may affect the sensitivity of the young public. In addition, they cannot be broadcast near children ' s programming;
- Category IV: reserved for an informed audience, these programs can only be broadcast after 10:30 p.m.
The adverts of these programs should not include scenes that may affect the sensitivity of the young public. In addition, they cannot be broadcast until 8:30 p.m.;
- Category V: These programs are subject to a total ban on dissemination.
Article 2-4
Signals
The notice referred to in section 2-4-2 shall be made available to the public at the time of the broadcast, in the advertisements and in the pre-programs communicated to the press.
This report will be presented on the air as follows:
1. In the trailers:
The pictogram of the category in which the program is classified appears throughout the trailer.
2. During the broadcast of programmes:
For Class II programmes:
(a) The appearance of the pictogram:
When programs have a duration of less than or equal to 30 minutes, the pictogram will be on the screen for at least five minutes at the beginning of the program.
When programs have a duration of more than thirty minutes and have one or more ad interruptions, the pictogram will be on screen for at least five minutes at the beginning of the program and one minute after each ad interruption.
When these programs have a duration of more than thirty minutes and do not have an advertisement cut, the pictogram will be displayed on the screen according to one of the following options:
- for at least five minutes at the beginning of the program and one second time for one minute after the first fifteen minutes;
- for at least 12 minutes at the beginning of the program.
(b) Appearance of the reference:
The reference "not recommended for under 10 years" should appear on the antenna according to one of the following options:
- at the bottom of the screen, in white, at least for a 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 on screen throughout the program's broadcast period.
The reference "not recommended for under 12 years" or, where applicable, the reference to the ban on minors under 12 years of age, issued by the Minister of Culture, will have to appear on the air for at least one minute at the beginning of the program or full screen, before the program, for at least 12 seconds.
For Category IV programs, the pictogram will be on display throughout the program's broadcast period.
The reference "not recommended for under 16 years" or, where applicable, the reference to the ban on minors aged 16, issued by the Minister for Culture, will have to appear on the air for at least one minute at the beginning of the program or full screen, before the program, for at least 12 seconds.
The report does not exempt the publisher from complying with the provisions of amended Decree No. 90-174 of 23 February 1990 relating to the public's prior warning, both in the broadcast of film works prohibited to minors and in the trailers that concern them.
Due to their brevity and the absence of pre-running trailers, videomusics are exempt from the systematic nature of the signal.
The signage should, however, be used to inform the public of programs that gather videomusic based on themes that do not address children or adolescents.
For the videomusics that may affect the sensitivity of the youngest, the publisher strives to broadcast them after 22 hours.
Article 2-4-5
Annual Campaign
The publisher participates in the broadcast of an annual public information and awareness campaign on the child and adolescent protection system on television according to the objectives defined in agreement with the Conseil supérieur de l'audiovisuel.
PART 3
Special provisions
I. Programmes
Article 3-1-1
Nature and duration of programming
The entire program is designed or assembled by the publisher.
The duration of the local program is at least 10 hours of weekly programming produced locally, in the first broadcast, with a minimum of 1 hour daily in the first broadcast. The publisher shall inform the Superior Council of the day-to-day duration of its program, as well as any changes. An indicative programme grid is annexed to this Convention.
Article 3-1-2
General programme characteristics
The general characteristics of the program are:
(a) The programming produced locally mainly includes information programs, economic, educational, cultural, political, sporting, service or discovery magazines, a significant part of which is devoted to local information;
(b) The publisher undertakes to maintain the entire editorial control of the programs it produces or co-produces in conjunction with its partners;
(c) The publisher undertakes not to broadcast in any case programs or to broadcast shows or events of which it does not have the broadcasting rights.
Article 3-1-3
Institutional communication
The publisher is authorized to program, against remuneration or other consideration, institutional communications programs as long as they do not emanate from political parties or groups, trade unions, faith-based or philosophical groups and businesses that fall within the economic sectors whose advertising is subject to legislative or regulatory prohibition.
Institutional communications programmes are under the responsibility of the publication director who is subject to the provisions of articles 6, 93-2 and 93-3 of Act No. 82-652 of 29 July 1982.
These programs must be the subject of contracts that the publisher undertakes to communicate to the board by accompanying them with the rates it has set if these programs are paid.
These programs are broadcast with a specific beginning and end-of-emission generic, clearly indicating the identity of the original organisms. For local authorities, generic signatures are those of the legal entity (commune, department, region). Personalities or municipalities, departments and regions may not be signatories.
The daily duration of all these programs (diffusion and rerun) does not exceed one hour.
These programs have an informative purpose to present the activities of organizations that have access to them.
They may not include advertising or promotional in favour of a product or service.
When it comes to the emissions of the territorial authorities and their emanations, they cannot include any promotion in favour of elected representatives or political groups composed of elected assemblies. They must comply with the provisions of Article L. 52-1 of the Electoral Code in its periods of application.
Article 3-1-4
Advertising
Advertising messages are inserted under the conditions set out in Decree No. 92-280 of 27 March 1992 as amended.
The time spent on advertising messages does not exceed 12 minutes per hour of antenna (sixty minutes) on average daily, without exceeding 15 minutes for a given hour (sixty minutes).
The broadcast of a film or audiovisual work may not be subject to more than one commercial interruption, unless the Conseil supérieur de l'audiovisuel has granted an exemption.
Illegal advertising, as defined in Article 9 of amended Decree No. 92-280 of 27 March 1992, is prohibited. References, excluding advertising screens, to overtaxed electronic communication services (e.g., Audiotel, Teletel, SMS, etc.) and to the publisher's published websites are eligible, as long as they are pointless and discreet and that this reference is part of the direct extension of the program being broadcast. In order for the viewers to be provided with complete information on the cost of communications, it must be permanently displayed in characters identical to those of telephone or telematic contact information. The publisher offers the viewer every time it is possible to manifest themselves through less expensive channels than overtaxed telephone services and telematic services, such as a connection to the internet that is not subject to a specific billing or on paper.
The publisher ensures a clear identification of advertising screens in youth programming. To this end, it uses, for all of these programs, advertising screens of a minimum duration of 4 seconds, composed of sound and visual elements allowing the young public to easily identify them.
The editor strives to avoid variations in sound level between programs and advertising screens.
Article 3-1-5
Sponsorship
In accordance with the provisions of amended Decree No. 92-280 of 27 March 1992, the television broadcasts sponsored must be clearly identified as such at the beginning or end of the broadcast. In the course of these programs and in their trailers, the mention of the sponsor is only possible to the extent that it remains ad hoc and discreet.
In youth programming, this sponsorship reminder must be of a modest size and be marked not exceeding 5 seconds and separated from each other by a reasonable time.
In order to avoid confusion in the minds of young viewers, the publisher ensures that there is no interference between the name of the sponsor or one of his brands and that of a youth program or element of it.
Article 3-1-6
TV
The publisher undertakes not to broadcast tele-purchase programming provided for in amended Decree No. 92-280 of 27 March 1992.
II. - Dissemination and production
of audiovisual works
Article 3-2-1
Dissemination of audiovisual works
The publisher reserves, in the total of the annual time devoted to the dissemination of audiovisual works, at least 60% to the dissemination of European works and 40% to the dissemination of French original works of expression, as defined in articles 4, 5 and 6 of Decree No. 90-66 of 17 January 1990 as amended.
The obligations mentioned in the previous paragraph must also be met at significant listening times, as defined in section 27 of the amended September 30 Act.
The publisher programes and broadcasts on arts and live shows in the region. It promotes the dissemination of various forms of expression of local and regional cultural identity.
Article 3-2-2
Relations with producers
The publisher is committed to ensuring equal treatment between local producers of audiovisual works and promoting free competition in the production sector.
The publisher undertakes to ensure that the contracts it enters for the acquisition of broadcasting rights include a quantification of each acquired right, individualizing the number of passages, their duration of detention and the territories concerned.
This commitment does not relate to contracts to acquire videomusic rights.
III. - Dissemination and production
of cinematic works
Article 3-3-1
Quotas of European cinematographic works
and original French expression
The publisher reserves, in the total annual number of broadcasts and rebroadcasts of long-term cinematographic works, at least 60% to the dissemination of European works and 40% to the dissemination of French original works of expression, within the meaning of articles 2, 3, 5 and 6 of Decree No. 90-66 of 17 January 1990 as amended.
The obligations mentioned in the previous paragraph must also be met at peak times, as defined in Decree No. 90-66 of 17 January 1990 as amended, between 20:30 and 22:30.
Article 3-3-2
Quantum and distribution grid
The service does not broadcast more than 52 long-term film works annually.
The ceilings mentioned in the previous paragraph are defined as all broadcasts and rebroadcasts of any kind.
No long-term film will be broadcast, on the one hand, on Wednesday evening, on Friday evening, on the other hand, on Saturday, all day, as well as on Sunday, before 8:30 p.m.
Article 3-3
Chronology of the media
Contracts entered into by the publisher for the acquisition of rights to broadcast cinematographic works provide the time limit for the broadcast of the film.
Where there is an agreement between one or more professional organizations of the film industry and the publisher on the time limits applicable to one or more types of television works, the deadlines provided by this agreement are for the publisher.
Article 3-3-4
Pluralistic presentation of film news
If the publisher presents the news of the cinematographic works released in theatres in programs devoted to this topic, he agrees that this presentation is pluralistic and diverse.
PART 4
Contractual oversight and penalties
I. - Control
A. - Control of the association
Article 4-1-1
Evolution of the association and governing bodies
The publisher shall forthwith inform the Conseil supérieur de l'audiovisuel of any modification of the composition of the office of the association referred to in Article 1-2 of this Agreement, as well as any statutory and regulatory amendment of the association.
The publisher shall inform the Conseil supérieur de l'audiovisuel of the change of the director of the publication.
The amendments to the information of the Conseil supérieur de l'audiovisuel pursuant to the preceding paragraphs give rise to the approval of the latter.
The approval of the Conseil supérieur de l'audiovisuel must be express. The board shall decide within a maximum period of two months after it has obtained all the necessary elements for its instruction.
Article 4-1-2
Economic information
The licensee shall forward to the Conseil supérieur de l'audiovisuel, within six months of the closing of each fiscal year, its balance sheet, its result account and the schedule, and its management report.
The licensee shall, at its request, communicate to the Conseil supérieur de l'audiovisuel the annual results and reports of the association.
B. - Monitoring compliance
Article 4-1-3
Programme oversight
The publisher shall communicate its programs to the Conseil supérieur de l'audiovisuel at least fourteen days before their broadcast.
The publisher retains at least three weeks a recording of the emissions it broadcasts as well as the conductors of the corresponding programs. The Conseil supérieur de l'audiovisuel may ask the publisher these elements on a medium to which it defines the characteristics.
In addition, it shall make the necessary arrangements for the preservation of documents that may give rise to a right of reply as provided for in section 6 of the Act of 29 July 1982.
Article 4-1-4
Information on compliance
Pursuant to the provisions of Article 19 of the Act of 30 September 1986 referred to above, the publisher shall communicate to the Conseil supérieur de l'audiovisuel all the information that the latter considers necessary to ensure compliance with its legal and regulatory obligations and those resulting from this Agreement.
This information includes, at the request of the Conseil supérieur de l'audiovisuel, the full copy of contracts for orders and purchases of audiovisual and film works.
They also include, at the request of the Conseil supérieur de l'audiovisuel, the communication of contracts concluded with non-professionals and related to their participation in stage, game or entertainment programs, so that the Conseil supérieur de l'audiovisuel is able to verify compliance with the obligations required to the publisher. In the case that these contracts would not be entered into by the publisher himself, but by a production company, the production contract that binds the publisher to the production editor must clearly state that the publisher must, if requested by the Conseil supérieur de l'audiovisuel, communicate these contracts to the publisher who will forward them to the Conseil supérieur de l'audiovisuel. The data provided is confidential.
The communication of the data will be carried out in accordance with the standards and procedures defined by the Conseil supérieur de l'audiovisuel, both for the obligations of distribution of the works and for the obligations of production.
The Conseil supérieur de l'audiovisuel will focus on promoting the transmission of information through computerized media.
The publisher shall communicate to the Conseil supérieur de l'audiovisuel, at its request and in confidence, information relating to the cost and financing of programs other than film and audiovisual works.
The publisher shall communicate to the Conseil supérieur de l'audiovisuel, at its request and on a confidential basis, the hearing studies it conducts.
The publisher shall report annually to the Conseil supérieur de l'audiovisuel, no later than 31 March, on the conditions for the performance of its obligations and commitments for the previous year in respect of programs.
The publisher provides annually to the Conseil supérieur de l'audiovisuel the list of audiovisual production companies, whether in French or not, with which it has contracted.
Article 4-1-5
Resuming programs from another service
The publisher shall communicate to the Conseil supérieur de l'audiovisuel, within eight days of their conclusion, all agreements reached for the total or partial resumption of the programs of another television service.
II. - Contractual penalties
Article 4-2-1
Continuation
The Superior Audiovisual Council may retain the publisher to respect the stipulations contained in the agreement and in the amendments that may be annexed to it. It makes public this stance.
Article 4-2-2
Sanctions
Without prejudice to the sanctions provided for in sections 42-2 and following of the Act of 30 September 1986 referred to above, the Conseil supérieur de l'audiovisuel may, in the event of non-compliance with any of the provisions of the convention or amendments that may be annexed to it, taking into account the seriousness of the breach and after re-establishment, pronounce against the publisher one of the following sanctions:
1° The suspension of the authorization or part of the program for one month or more;
2° A monetary penalty, the amount of which may not exceed the limit provided for in section 42-2 of the Act of 30 September 1986, if the breach is not a criminal offence;
3° The reduction in the duration of the permission to use frequencies within one year.
In the event of a new breach of a stipulation of this Agreement that gave rise to a sanction, the Conseil supérieur de l'audiovisuel may impose a monetary penalty, the amount of which may not exceed the limit established in the event of recidivism by section 42-2 of the Act of 30 September 1986 referred to above.
Article 4-2-3
Insertion of a communiqué
In the case of breaches of the terms and conditions of this Agreement, the Conseil supérieur de l'audiovisuel may order the insertion in the programs of the publisher of a release of which it sets the terms and conditions of distribution.
Article 4-2-4
Procedure
The contractual penalties referred to in sections 4-2-2 and 4-2-3 of this Agreement shall be imposed by the Higher Audiovisual Council in accordance with the safeguards set out in sections 42 et seq. of the Act of 30 September 1986 referred to above.
PART 5
Final provisions
Article 5-1
Amendment
No stipulation of this Convention shall preclude any legislative and regulatory provisions that may intervene, after the signature of this Convention, to be applicable to the publisher.
Any legislative or regulatory amendments applicable to the service will result in a review of the agreement as required.
This Agreement may be revised by mutual agreement between the publisher and the Conseil supérieur de l'audiovisuel.
Made in Paris, in two original copies, November 18, 2003.
For the editor:
The president,
G. Baumel
For the Conseil supérieur de l'audiovisuel :
The president,
D. Baudis
Note. - Appendix 1 referred to in Article 1-2 of this Agreement is available to the Conseil supérieur de l'audiovisuel.
Appendix 2 referred to in Article 2-2-1 of this Agreement is available to the Conseil supérieur de l'audiovisuel.
Appendix 3 referred to in section 2-3-12 of this Agreement is available to the Conseil supérieur de l'audiovisuel.
Done in Paris, 25 November 2003.
For the Conseil supérieur de l'audiovisuel :
The president,
D. Baudis
