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 the decision of the National Commission for Communications and Freedoms No. 87-3 of 26 January 1987 as amended, defining the technical conditions for the use of frequencies for the broadcast by terrestrial air of television services;
Having regard to the decision of the Conseil supérieur de l'audiovisuel n° 2005-1068 of 20 December 2005, as amended by Decision No. 2006-41 of 24 January 2006, concerning a call for applications for the use of frequencies for the operation of local private television services broadcast in plain air by terrestrial analog in the agglomeration of Rennes;
Considering the application for authorization submitted by SAEM Rennes Cité Média on 20 March 2006, 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 10 October 2006 approving the draft convention between the Conseil supérieur de l'audiovisuel and SAEM Rennes Cité Média;
Having regard to the agreement between the Conseil supérieur de l'audiovisuel and SAEM Rennes Cité Média on 10 October 2006;
The company was heard in public hearing on 16 May 2006;
After deliberating it,
Decides:
The company SAEM Rennes Cité Média, registered on 21 October 1985 at the RCS in Rennes under the number 333 734 838, having its head office 19, rue de la Quintaine, 35000 Rennes, is authorized to use the frequency referred to in Appendix I to this decision for the operation of a private television service at a local character called TV Rennes 35, broadcast in plain air by airwave analog on the airline on the
The allocation of the frequency 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. In particular, it will have to proceed at its expense to the reorientation of the reception antennas of individuals receiving the transmitter of France 2 in Châteaubourg and who will undergo disturbances.
The duration of the authorization is ten years from November 14, 2006.
If, within three months of 14 November 2006, the company has not commenced the effective operation of the service, the Conseil supérieur de l'audiovisuel may declare the deciduous authorization.
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 SAEM Rennes Cité Média is limited to the operation of the service provided for in section 1 of this decision and to the operations that relate directly to it.
This authorization is incessant.
This decision will be notified to SAEM Rennes Cité Média and published in the Official Journal of the French Republic.
A N N E X E I
You can see the table in the OJ
n° 284 of 08/12/2006 text number 120
The CSA may subsequently, if required by the development of television networks, substitute another channel 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 ASSISTANCE OF THE AUDIOVISUE TO THE NAME OF THE STATE, PARTY, AND SAEM SOCIETY ARE MEDIA CITY, ACHIEVEMENTS AGAINST THE STATE, REPRESENTED BY MARTIAL GABILLARD, CHAIRPERSON, OVERVIEW
The responsibilities and commitments of the publisher are derived from the general principles enacted by Act No. 86-1067 of 30 September 1986 on freedom of communication and, in particular, respect for the dignity of the human person, the protection of children and adolescents, the pluralistic nature of the expression of the currents of thought and opinion, the honesty of information, the quality and diversity of the programmes,
Pursuant to the provisions of sections 28 and 33-1 of the Act of 30 September 1986, the parties agreed on the following provisions:
Part 1
Purpose of the convention
and presentation of the publisher
Article 1-1
Purpose of the convention
The purpose of this Agreement is, pursuant to Articles 28 and 33-1 of the Act of 30 September 1986 referred to above, to establish the specific rules applicable to the television service Rennes 35 published by the company SAEM Rennes Cité Média and the prerogatives available to the Conseil Supérieur de l'audiovisuel to ensure compliance by the publisher with its obligations.
TV Rennes 35 is a local community-based television service aired by analog terrestrial airwave covering the agglomeration of Rennes (Department of Ille-et-Vilaine).
Pursuant to section 33-1 of the Act of 30 September 1986 referred to above, the service may be taken up in a full and simultaneous manner on the networks not using the frequencies assigned by the Conseil supérieur de l'audiovisuel when this recovery does not have the effect of bringing the population of the area served to more than 10 million inhabitants. If the full and simultaneous recovery has the effect of bringing the population of the area served to more than 10 million inhabitants, an amendment to this Agreement shall be concluded, pursuant to section 33-1 of the Act of 30 September 1986 referred to above, to take into account the special obligations arising from such dissemination.
Article 1-2
Editor
At the date of signature of this Agreement, the publisher is the local mixed-economy company Rennes Cité Média, with a capital of EUR 630 000, registered on October 21, 1985 at the RCS in Rennes under the number 333 734 838. Its head office is located 19, rue de la Quintaine, 35000 Rennes.
Figure in Appendix 1 to this Agreement, as they appear on that same date:
- the composition of social capital and the distribution of voting rights of the licensee;
- the list of social agents;
- where applicable, the list of the natural or legal persons or persons that control the licensee corporation, within the meaning of section 41-3 of the Act of 30 September 1986 referred to above, as well as any intermediate structures, with, for societies, the distribution of their social capital and voting rights;
- the name of the director of publication, as defined in article 93-2 of Act No. 82-652 of 29 July 1982;
- copy of the letter dated 3 July 2006 sent to the CSA by the president of the local mixed economy company Rennes Cité Média relating to the evolution of the statutes and the board of directors of the publishing company.
A copy of the specific conventions of objectives and means concluded between the local mixed economy company Rennes Cité Média and the city of Rennes, the Rennes metropolitan community and the department, defining relations with the publisher of the service will be annexed to this agreement, in accordance with article L. 1426-1 of the general code of territorial authorities.
The publisher shall inform the Conseil supérieur de l'audiovisuel as soon as possible of any changes to the data in this section and any changes affecting the control to which the corporation or any of its shareholders is subject.
Part 2
General provisions
I. - DIFFUSION OF 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 television service aired in plain air by analog terrestrial channel known as TV Rennes 35, broadcast 24 hours a day, under the conditions specified in article 3-1-1 (I. - Programs, Part 3).
The service will be operated for the duration of the authorization.
Pursuant to Article 30-1-III (3rd paragraph) of the Act of 30 September 1986, as amended by Act No. 2004-669 of 9 July 2004, relating to terrestrial microwave television, without prejudice to the provisions of Articles 1st, 3-1 and 26, the Conseil supérieur de l'audiovisuel will authorize the full and simultaneous resumption of the service subject to this Convention if the applicant so requests it and if this reappearance is made in accordance with a principle
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.
He retains control of his antenna in all circumstances.
Article 2-2-2
French language
The language of broadcast is French, Breton is used in certain programs. 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.
III. - DeONTOLOGICAL 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 pluralism in the currents of thought and opinion, particularly in the context of the recommendations made by the Conseil Supérieur de l'audiovisuel.
It ensures that the pluralistic access of political formations on the air is provided 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, as well as 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 dangerous, 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.
Article 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, listed in annex II to this Convention, shall be established with the publisher 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 publisher. The Conseil supérieur de l'audiovisuel may request its opinion.
IV. - SIGNALETICAL AND CLASSIFICATION OF PROGRAMMES
In order to ensure the protection of children and adolescents, the publisher undertakes to comply with the recommendations of the Higher Audiovisual Council concerning youth signage and program classification (as of the date of signature of this Convention, the text in force is recommendation No. 2005-5 of 7 June 2005).
Category V programs (prohibited film works for minors of eighteen years, as well as pornographic or very violent programs, reserved for an informed adult public and likely to impair the physical, mental or moral development of minors of eighteen years) are subject to a total ban on dissemination.
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 volume of programming produced locally in the first broadcast is at least 12 hours a week with a minimum of one hour a day over 42 weeks a year and 10 hours a week over 10 weeks in the summer.
The publisher is supported by the weekly volume of programming produced locally in the first broadcast:
2006: 9 a.m.;
2007: 10 a.m.;
2008: 12 hours.
The publisher shall inform the Conseil supérieur of the audiovisual service 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
(a) The programming produced locally mainly includes local programming and information, economic, educational, cultural, political, sports, service or discovery magazines, a significant part of which is devoted to local information.
(b) The broadcast and rebroadcasting of locally produced programs referred to in this section, as well as, where appropriate, the broadcast or rebroadcasting of other local expression programs, represent more than 50% of the total broadcast time.
(c) A daily news journal, from Monday to Friday, a minimum of 10 minutes devoted to local news and the dissemination and rebroadcasting of an information magazine on Saturday and Sunday.
(d) The publisher undertakes to maintain the entire editorial control of the programs it produces or co-produces in conjunction with its partners.
(e) 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 the Act of 29 July 1982 referred to above.
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). Elected personalities or assemblies cannot be signed.
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
Program access to deaf and hearing impaired people
The publisher undertakes, to the extent of its technical and financial possibilities, to develop by appropriate devices the access of programs to deaf and hearing impaired persons. He informs the Conseil Supérieur of the audiovisual, in his performance report, of the efforts made each year.
Article 3-1-5
Advertising
Advertising messages are inserted under the conditions set out in Decree No. 92-280 of 27 March 1992 as amended.
The time devoted to the broadcast of advertising messages does not exceed 12 minutes per hour of antenna on average daily, without exceeding 15 minutes for a given hour (60 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 the aforementioned decree, is prohibited.
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 3-1-6
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 3-1-7
TV
The publisher adheres to the provisions relating to tele-purchase programming set out in amended Decree No. 92-280 of 27 March 1992.
If the same property or service is presented both in a tele-purchase program and in a commercial message, a period of at least 20 minutes must run between the end of the advertising screen and the start of the tele-purchase program and vice versa.
The presentation or promotion of objects, products or services must be in accordance with the legislative and regulatory provisions relating to consumer information, including those derived from the Consumer Code, relating to the sale of goods and supplies of remote services and those that suppress allegations, indications or misleading or misleading submissions.
Objects, products or services must be described as precisely as possible in all their quantitative and qualitative elements.
The editor ensures that images, photos and drawings accurately reproduce objects, products or services and do not contain ambiguity, in particular, as to the size, weight and quality of these objects.
The offer of sale must be clear, rigorous and as complete as possible with respect to its main components: prices, guarantees, novelty, terms and conditions of sale.
The validity conditions of the prices (duration, deadline) must be mentioned.
II. - DIFFUSION AND PRODUCTION OF NEW AUDIOVISUELLES
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 Act of 30 September 1986 referred to above.
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
Production of audiovisual works
The obligations of investment in the production of audiovisual works comply with the provisions of Title II of Decree No. 2001-609 of 9 July 2001 as amended for the application of the 3rd of Article 27 and Article 71 of the Act of 30 September 1986 referred to above and relating to the contribution of the publishers of television services broadcast by terrestrial air in analog mode to the development of the production of film and audiovisual works.
Article 3-2-3
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. - DIFFUSION AND PRODUCTION OF CINEMATOGRAPHIC
Article 3-3-1
Quotas of European cinema 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, within the meaning of the above-mentioned decree, 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 cinematographic works.
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
Production of film works
The obligations of investment in the production of cinematographic works comply with the provisions of title I of Decree No. 2001-609 of 9 July 2001 amended for the application of the 3rd of Article 27 and Article 71 of the Act of 30 September 1986 referred to above and relating to the contribution of the publishers of television services broadcast by terrestrial air in analog mode to the development of the production of cinematographic works.
Article 3-3-5
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 society
Article 4-1-1
Economic information
The publisher shall transmit to the Superior Council of Audiovisual Affairs, within six months of the closing of each fiscal year, its balance sheet, its result account and the schedule, as well as its management report, as provided for in Article L. 232-1 of the Commercial Code.
The publisher shall, at his request, communicate to the Conseil supérieur de l'audiovisuel the annual balance sheets and reports of each of the shareholders holding at least 10% of its capital on their own behalf.
B. - Monitoring compliance
Article 4-1-2
Programme oversight
The publisher shall communicate its programs to the Conseil supérieur de l'audiovisuel within a reasonable time prior to 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 referred to above.
Article 4-1-3
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 4-1-4
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 PENALITIES
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 42-1 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° A monetary penalty, the amount of which may not exceed the ceiling provided for in section 42-2 of the Act of 30 September 1986 referred to above;
2° The reduction in the duration of the permission to use frequencies within one year;
3° The suspension of the authorization or part of the program for one month or more.
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 cases 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 communiqué to which it sets the terms and conditions of distribution under the conditions provided for in section 42-4 of the amended Act of 30 September 1986.
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.
Article 5-2
Communication
This Agreement shall be an administrative document, of which any person may request a copy of which the Conseil Supérieur de l'audiovisuel, pursuant to Act No. 78-753 of 17 July 1978 as amended.
Made in Paris, in two original copies, October 10, 2006.
For the editor:
The president,
Mr. Gabillard
For the Conseil supérieur de l'audiovisuel :
The president,
D. Baudis
A N N E X E I
LA COMPOSITION DU CAPITAL SOCIAL ET LA RÉPARTITION DES DROITS DE VOTE
OF SAEM SOCIETY
Distribution of social capital
Amount of social capital: EUR 630 000
Number of shares: 22,000
You can see the table in the OJ
n° 284 of 08/12/2006 text number 120
SAEM Rennes Cité Média will be subject to an increase in capital in the amount of EUR 357,955, i.e. the subscription of 12,500 new shares bearing social capital in the amount of EUR 987,955 within six months of the signing of this Agreement. As part of this capital increase, the social capital of the company Rennes Cité Média will be open at 15% to the group Ouest France, at 16% to a bank pole, at 5% to the department and at 2.41% to a local investor pole and a viewer association for 2%.
In addition, the sale of the shares of the company Numéricâble will take advantage of the city of Rennes, Rennes metropolis and the Chamber of Commerce and Industry of Rennes.
List of social agents
Chairman: Martial Gabillard.
Director General: Jean-Luc Nelle.
Director of publication within the meaning of section 93-2
Act No. 82-652 of 29 July 1982
The director of the publication of the service, within the meaning of section 93-2 of Act No. 82-652 of 29 July 1982, is Mr.Jean-Luc Nelle, Director General of SAEM Rennes Cité Média.
Courrier dated 3 July 2006 addressed to the CSA
by the president of the local mixed economy company Rennes Cité Média
This document is available to the Conseil supérieur de l'audiovisuel.
A N N E X E I
COMPOSITION OF THE COMPONENT COMMITTEE ON INDEPENDENT PERSONALITIES
DE L'ÉDITEUR RENNES CITÉ MÉDIA AFIN DE VEILLER AU RESPECT DU PRINCIPE DE PLURALISME
The commission consists of:
Mr. Jean-François Morvan, Edonia Park, rue de la Terre-Victoria, CS 56843, 35768 Saint-Grégoire Cedex, lawyer.
M. Michel Denis, 5, rue Sébillot, 35000 Rennes, professor emeritus of contemporary history at IEP Rennes, honorary president of the Université Rennes-II, Haute Bretagne.
Mr. Eric Beaty, 30, dock Duguay-Trouin, 35000 Rennes, commercial attaché of the US consulate.
Mr. Yves Morvan, 21, rue Baudelaire, 35700 Rennes, academia, former president of the Bretagne Economic and Social Council.
Léna Louarn, 10 Nantaise Street, 35000 Rennes, President of the Brussels Language Office.
M. Stéphane Heulot, La Tinçonnais, 35230 Noyal-Châtillon-sur-Seiche, former professional cyclist: French champion, yellow jersey at the Tour de France, today company manager.
The Rennes Cité Média project is to host a representative association of viewers in the capital of the chain.
A N N E X E I I
PROGRAMME GRILLE
This appendix is available to the Conseil supérieur de l'audiovisuel.
Done in Paris, November 14, 2006.
For the Conseil supérieur de l'audiovisuel :
The president,
D. Baudis
