Decree No. 2004 - 1392 22 December 2004 Taken For The Purposes Of Article 20-2 Of Act No. 86-1067 Of 30 September 1986 On Freedom Of Communication

Original Language Title: Décret n° 2004-1392 du 22 décembre 2004 pris pour l'application de l'article 20-2 de la loi n° 86-1067 du 30 septembre 1986 relative à la liberté de communication

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Texts of application result of a deliberation on the convention concluded on 10 June 2003, with the company GST Star Decision No. 2008-486 of June 24, 2008 authorizing the company MCM to use a resource radio to operate a television service to broadcast unencrypted terrestrially national vocation terrestrial digital Decision No. 2008-1057 of November 25, 2008 authorizing the company A.tele to use a resource radio to operate a private television-oriented service local broadcast unencrypted terrestrially in digital mode on the area of Strasbourg Decision No. 2008-1058 of November 25, 2008 authorizing the company A.tele to use a resource radio to operate a private local television service broadcast unencrypted terrestrially in digital mode on the zone of Mulhouse Decision No. 2008-1059 of November 25, 2008 authorizing the company Loire TV to use a resource radio to operate a private service television terrestrial digital mode on the area of Saint-Etienne Decision No. 2009-252 of April 7, 2009, authorizing the company Grand Lille TV to use a resource radio to operate a private local television service broadcast unencrypted terrestrially terrestrial digital on the area of Lille case No. 2009-253 of 7 April 2009 authorising the multi-local of Nord - Pas-de-Calais to television company broadcast unencrypted terrestrially local related use a resource radio to operate a private local television broadcast service in clear terrestrially in digital mode on the area of Lille Decision n ° 2009-342, May 19, 2009, authorizing the SAEML Images Plus using a resource radio to operate a service to private television to local vocation broadcast unencrypted terrestrially in digital mode on the area of Epinal-Vittel Decision n ° 2009 - 373, May 26, 2009 on the renewal of the authorisation issued to the company West Communication Decision n ° 2009-386 of June 9, 2009, authorizing the TV South 77 company to use a radio resource for the operation of a service private television-oriented local broadcast unencrypted terrestrially land in digital mode on the area of Meaux (Department of Seine-et-Marne) Decision n ° 2009-403 of June 3, 2009, authorizing the future South Brittany company to use a radio resource to operate a private television-oriented service local broadcast unencrypted terrestrially in digital mode on the areas of Lorient and Vannes Decision n ° 2009-473 of June 30, 2009, authorizing the Société pyrénéenne de TVs use a resource radio to operate a service to private television to broadcast unencrypted terrestrially local vocation terrestrial digital Decision n ° 2009-474 July 15, 2009, authorizing the company Dijon first TV to use a resource radio to operate a private service local television broadcast unencrypted terrestrially in digital mode on the area of Dijon, in the Côte-d'Or Department, Decision No. 2009-500 July 15, 2009, authorizing the company Cap Caen to use a resource radio to operate a private local television service broadcast unencrypted terrestrially terrestrial digital on the area of Caen Decision n ° 2009-587 September 22, 2009 authorising the Villages TV to use company a resource radio to operate a private local television service broadcast in clear terrestrially in digital on the area of Poitiers (Department of the Vienna) Decision n ° 2009-777 24 November 2009 allowing society Television Brittany West to use a resource radio to operate a service to private television to broadcast unencrypted terrestrially local vocation terrestrial digital on the area of Brest Decision n ° 2009-838 of 15 December 2009 on the renewal of the authorisation issued to the Corporation Télé Sud Vendée Decision n ° 2009-887 of 8 December 2009 authorising the company La Télé du Net to use a resource radio to operate a service to private television to broadcast unencrypted terrestrially local vocation terrestrial digital mode in the area of Bar-le-Duc Decision No. 2010-08 of January 7, 2010, authorizing the company Canal 15 Vendée to use a resource radio to operate a private service television broadcast unencrypted terrestrially local vocation terrestrial digital in the departments of Vendée and Maine-et-Loire Decision No. 2010 - 06 January 7, 2010, authorizing the company Vendée Images to use a resource radio to operate a service to private television to broadcast unencrypted terrestrially local vocation terrestrial digital in the departments of Vendée and Maine-et-Loire Decision No. 2010-07, January 7, 2010 authorizing the company ATV to use a resource radio to operate a private local television service broadcast unencrypted terrestrially in digital mode in the departments of Vendée and Maine-et-Loire Decision No. 2010 - 211, April 8, 2010, authorizing use of resources radio owned by Europacorp TV for broadcasting over-the-air terrestrial digital and personal mobile television of Europacorp TV Decision No. 2010-210 of 8 April 2010 authorizing use of resources radio company Orange Sport for broadcast over-the-air terrestrial digital and personal mobile television of Orange Sport Info Decision No. 2010-387, 11 May 2010 authorizing the company to Mirabelle TV to use a resource radio to operate a service private television to broadcast unencrypted terrestrially local vocation terrestrial digital in Lorraine in Metz areas Verdun, Forbach, Longwy and Sarrebourg Decision No. 2010-473, June 1, 2010 for renewal of the authorisation issued to the Clermont television company result of deliberation on the agreement with the company TV8 Mont-Blanc Decision No. 2011-86, January 18, 2011, allowing the Maine Television Company to use a radio resource to operate a private television to local service broadcast unencrypted terrestrially in digital mode on the area of Alençon Decision No 2011 88, January 18, 2011, authorizing the company TV Côte D'Opale to use a resource radio to operate a private local television broadcast service in clear terrestrially terrestrial digital mode in the area of Boulogne-Dunkirk Decision No. 2011-87 of January 18, 2011, authorizing the company my TV to use a resource radio to operate a private local television service broadcast unencrypted terrestrially in digital mode in the area of Laval Decision No. 2011-99, January 18, 2011, allowing the No. 7 TV company to use a radio resource for the operation of a service private television to vocation local broadcast unencrypted terrestrially terrestrial digital in the area of Nantes Decision No. 2011-106, January 18, 2011, allowing the TV 276 company to use a radio resource for the operation of a private local television service broadcast unencrypted terrestrially land Digital in the area of Rouen - Neufchâtel Decision No. 2011-114, January 18, 2011, authorizing the company TV of Pertuis to use a resource radio to operate a local television service broadcast unencrypted terrestrially terrestrial digital mode in the area of La Rochelle Decision No. 2011-115, January 18, 2011, authorizing the company Television du Midi to use a resource radio to operate a private local television service broadcast unencrypted terrestrially in digital mode in the area of Perpignan Decision No. 2011-286, January 18, 2011, authorizing the company Direct Azur to use a resource radio to operate a private local television service broadcast unencrypted terrestrially in digital mode in the area of Nice, Menton, Saint-Raphaël, Cannes and Grasse Decision No. 2011-287, January 18, 2011, authorizing the company Direct Azur to use a radio to operate resource a private local television service broadcast unencrypted terrestrially in digital mode in the area of Toulon-Hyères


2011-case No. 85 decision of January 18, 2011, allowing the association Léonard de Vinci TVs use a resource radio to operate a private local television service broadcast unencrypted terrestrially in digital mode in the area of Monistrol Decision 2012 - 140 of February 14, 2012, allowing SARL Kwezi Television to operate a service called local television Kwezi Television broadcasting in clear digital Mayotte decision No. 2012-141 of February 14 2012 authorizing the association Telemante Mayotte to operate a television service local GP known as Telemante broadcasting in clear mode digital Mayotte Decision n ° 2012-151 31 January 2012 authorizing the company SAS Guadeloupe Television to operate a television service local GP called GTV broadcasting digitally in the Department of Guadeloupe Decision n ° 2012-324, may 2, 2012, authorizing the company SAS antenna TV Guyana to operate a local television service generalist referred to as ATG broadcasting in digital mode in the Department of French Guiana Decision n ° 2012-465, 26 June 2012 authorizing the association Diaspora to operate a service from local television to proximity called KTV broadcasting digitally in the Department of French Guiana Decision n ° 2012-524 10 July 2012 authorizing the company Limousin TV to use a resource radio to operate a local television service broadcast unencrypted terrestrially in the region Limousin Decision n ° 2012-536 of July 10, 2012, authorizing the company Voo TV to use a resource radio to operate a local television service broadcast unencrypted terrestrially Dijon Decision No. 2012-878 of November 20, 2012, authorizing the company tomorrow season 2 to use a resource radio for the dissemination of the local over-the-air television service called tomorrow land! IDF result of deliberation on the issue of a temporary authorisation of use of a radio frequency Decision No. 2013-168 of 15 January 2013 authorizing the company pictures in Picardy to use a resource of the radio for the release of the television service in local terrestrially called Wéo Picardy Decision No. 2013-169 of January 15, 2013, authorizing the company TV Saint-Quentin to use a resource radio for the dissemination of the local over-the-air television service land referred to as TV Saint-Quentin case No. 2013-170 January 15, 2013, authorizing the company Angers Loire TVs use a resource radio for the dissemination of the television service in local terrestrially referred to as Angers TV Decision No. 2013-178, January 15, 2013, authorizing the company Azur TV to use a resource radio for the dissemination of local terrestrially-based television service called azure TV Decision No. 2013-179, January 15, 2013 authorizing the D company! CI TV to use a radio resource for the dissemination of the television service to local vocation terrestrially called D! CI TV Decision n ° 2013-181 of January 22, 2013, allowing the local SASU DomaineDigital to operate a service of local television's called proximity MT10 Tahiti broadcasting digitally in Polynesia French Decision No. 2013-182 January 22, 2013, allowing the semi-public company of TV-Radio (STR) to operate a local television service called NCTV disseminating digital Caledonia decision No. 2013-183 January 22, 2013, authorizing the association Image-Communication-Information (here) to operate a television service local GP called NC9 disseminating digital Caledonia decision No. 2013-171 15 January 2013 authorizing the company Grand Lille TV to use a resource of the radio for the release of the television service in local terrestrially called Grand Lille TV Decision No. 2014-571 of 19 November 2014 on the renewal of the authorisation issued to the company TV7 Bordeaux Decision No. 2014-573 November 19, 2014 for renewal of the authorization issued to the company TV mirror Services Decision No. 2014-574 of November 19, 2014, on the renewal of the authorisation issued to the company channel 32 Decision No. 2014-572 19 November 2014 on the renewal of the authorisation issued to the company TV8 Mont Blanc 2015-case No. 85 Decision of March 4, 2015, authorizing the company Media: Antilles Guyane to use a resource radio for the dissemination of local television service generalist over-the-air terrestrial referred to as ATV Martinique in the Department of Martinique Decision No. 2015-146 25 March 2015 authorizing the company antenna meeting to use a resource radio for the edition of a service private television broadcast unencrypted terrestrially in digital mode in the Department of meeting Decision No. 2015-176 April 16, 2015, authorizing the company Basse-Terre TVs use a resource radio for broadcasting over-the-air terrestrial digital television to local service generalist local related referred to as Flash TV in the Department of Guadeloupe Decision No. 2015-178 of 25 March 2015 on the renewal of the authorisation issued to the association TV Kreol Decision No. 2015-179 of 8 April 2015 authorizing the company Canal 10, use a resource radio for the edition of a local proximity television service broadcast unencrypted terrestrially in digital mode in the Department of Guadeloupe Decision No. 2015-180 of 25 March 2015 on the renewal of the authorisation issued to society Zouk Multimedia Decision No. 2015-211 27 May 2015 on the renewal of the authorisation issued to company Toulouse Television for broadcast over-the-air terrestrial television service called TLT Decision No. 2015-226, may 6, 2015, authorizing the company Media: Antilles Guyane to use a resource radio for the edition of a service private television oriented local broadcast unencrypted terrestrially in digital in the Department of Martinique

Decision No. 2015-227 May 13, 2015, authorizing the Production Company of the Islands to use a resource radio for the edition of a service private television to broadcast unencrypted terrestrially local vocation terrestrial digital in the community of Saint-Barthélemy Decision No. 2015-318 28 July 2015 authorizing the Association for the development of modern techniques of communication to use a resource radio for a local television service editing associative of diffuse clear by proximity over-the-air terrestrial digital in the Department of Martinique Decision No. 2015-316 28 July 2015 on the renewal of the authorisation issued to society the chain Marseille for terrestrially broadcast terrestrial television service called TV South Provence Decision No. 2015-409 of 4 November 2015 authorizing the company 2L to use a resource radio for the edition of a service private television broadcast unencrypted terrestrially in mode local related Digital in the community of Saint-Martin Decision No. 2015-348 September 2, 2015 on the renewal of the authorisation issued to society Touraine Television Decision No. 2015-529 December 18, 2015 on the renewal of the authorisation granted to the anonymous Lyon company television for broadcast over-the-air terrestrial television service called local vocation TLM in the Lyon keywords CULTURE area
, Freedom of COMMUNICATION, dissemination, event, IMPORTANCE major, NATIONAL territory, territory European, editor of TELEVISION SERVICES A access free, list, right of RETRANSMISSION JORF n ° 299, December 24, 2004 page 21930 text no. 87 Decree No. 2004-1392 of 22 December 2004 for the purposes of article 20-2 of Act No. 86-1067 of 30 September 1986 on freedom of communication NOR : MCCT0400912D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/12/22/MCCT0400912D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2004/12/22/2004-1392/jo/texte Prime Minister, on the report of the Minister of culture and communication, having regard to the directive of the Council of the European communities 89/522/EEC of 3 October 1989 on the coordination of certain provisions laid down law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by directive 97/36/EC of the European Parliament and of the Council of 30 June 1997, article 3 bis;

Given the Convention European on transfrontier television, opened for signature on 5 May 1989, amended by the Protocol adopted by the Committee of Ministers of the Council of Europe on 9 September 1998, open for acceptance by the Parties to the Convention on 1 October 1998, including article 9 bis, together laws No 94-542 28 June 1994 and no. 2001-1210 of December 20, 2001, which authorized for approval and decrees no. 95-438 of 14 April 1995 and no. 2002-739 of 30 April 2002, which bear publication;
Having regard to the European economic area agreement signed in Oporto on 2 May 1992 and the Protocol for the adaptation of this agreement signed in Brussels on 17 March 1993, including its annex X, all Act No. 93-1274 of December 2, 1993, which authorized the ratification and Decree No. 94-43 February 1, 1994, bringing publication;
Pursuant to law No. 86 - 1067 of 30 September 1986 as amended relating to the freedom of communication, including article 20-2;
Having regard to the letter of 7 April 2004 from the European Commission on the draft of the measures passed by France for the implementation of article 3 bis of the directive 89/552/EEC, as amended by directive 97/36/EC;
The Council of State (Interior Division) heard, enacts as follows: Article 1 more on this article...

This Decree lays down the conditions which must be ensured by the editors of television services the exclusive broadcasting of events of major importance so that a large part of the public is not deprived of the opportunity to follow them on a free television service.

Title I: provisions applicable to the dissemination of events of IMPORTANCE most territory French Article 2 for the purposes of this title, is regarded as: has) "Free television services editor": any editor of a television service funding doesn't appeal to compensation on the part of users and how emissions can be actually received by at least 85% of households in metropolitan France.
(b) ' editor of television services to access restricted': any editor of a television service that does not meet the two conditions laid down in the preceding paragraph.


Article 3 the list of events laid down in article 20-2 of the aforementioned law of 30 September 1986 is established as follows: 1 ° the summer and winter Olympic Games;
2 ° the matches of the France football team registered in the calendar of the International Federation of football association (FIFA);
3 ° the opening game, the semi-finals and the final of the football World Cup;
4 ° the semi-finals and the final of the UEFA European football championship;
5 ° the final of the cup of the Union of European football association (UEFA) when a sports group registered in one of the Championships of France participates;
6 ° the football champions League final;
7 ° the final of the Coupe de France of football;
8 ° the Six Nations rugby tournament;
9 ° the semi-finals and final of the rugby World Cup.
10 ° the final of France's rugby Championship;
11 ° the rugby European Cup final when a sports group registered in one of the Championships of France participates;
12 ° the finals of the singles and ladies of the Roland Garros tennis tournament.
13 ° the semi-finals and the finals of the Davis Cup and the Fed Cup when the team of France of tennis participates;
14 ° the Grand Prix de France of formula 1;
15 ° the male cyclist Tour de France;
16 ° the cycling competition "Paris-Roubaix."
17 ° the final men's and women's Eurobasket Championship when France team participates;
18 ° the finals male and female Basketball World Championship when France team participates;
19 ° the final men's and women's European Handball Championship when France team participates;
20 ° the final men's and women's handball World Championship when France team participates;
21 ° World Athletics Championships.


Article 4 the exercise by an editor of television services, the territory of french, broadcasting rights acquired on an exclusive basis after 23 August 1997, on one of the events of major importance mentioned in the preceding article may hinder the retransmission of this event by a service of free television, which must then be full and guaranteed live except in the following cases: 1 ° the broadcasting of the event mentioned in 15 ° of article 3 may be limited at significant moments, in accordance with the use of broadcast of this event;
2 ° the retransmission of the events referred to in 1 ° and 21 ° of article 3 can be limited to representative moments of the diversity of sporting disciplines and participating countries and ensured back when events occur simultaneously;
3 ° the broadcasting of events of major importance may also be provided in delay when the event takes place between 0 and 6 hours, French time, on condition that it was broadcast in France commences before 10 a.m.;
The fact that an editor of television services to restricted access appealing to compensation on the part of users and whose emissions can be received in conditions mentioned in the a of article 2 of this order, to broadcast this event fully and live, subject to the foregoing provisions, without specific access conditions , is not viewed as constituting an impediment to the broadcast of an event of major importance by a free television service.


Article 5 in order to allow the broadcast of an event of major importance by an editor of television services with free access under the conditions laid down in article 4, a publisher of exclusive rights holder television services to broadcast all or part of an event of major importance and is not able to meet these conditions shall, within a reasonable time prior to the event terms of advertising to inform editors of free television services, to formulate the proposal to assign rights to ensure the broadcasting of this event in the conditions laid down in article 4. This offer must be made according to terms and fair, reasonable and non-discriminatory market conditions.
If, in response to this offer, no proposal of an editor of television services is made or if the proposal is not made according to terms and conditions of markets fair, reasonable and non-discriminatory licensed Publisher of exclusive rights may exercise them without satisfying the conditions laid down in article 4.

Title II provisions applicable to the dissemination of events of IMPORTANCE most in the territory of other States European Article 6 the provisions of this title shall apply to the editors of television services within the jurisdiction of the France providing television retransmission, on the territory of another State, Member of the European Union, party to the agreement on the European economic area or a party to the Convention on transfrontier television European , an event designated by that State as of major importance for society in that country within the meaning of the provisions of directive 89/552/EEC of 3 October 1989 referred to above and have acquired the rights to broadcast this event after 23 August 1997.


Article 7 the editors of television services within the jurisdiction of the France exercise, in a State referred to in article 6 retransmission rights acquired on an event of major importance, as defined by this State, in a manner that does not deprive a significant part of the public of the possibility of following such events live or deferred , a service of free television within the meaning of the provisions of article 3 bis of the directive of 3 October 1989.


Article 8 when an editor of television services within the jurisdiction of the France assures the transmission of an event of major importance in any of the States referred to in article 6, it shall comply with the conditions laid down by that State for the retransmission of the event by the editor of television services.

Title III: Final Article 9 seized by an editor of television services on its own initiative, the Conseil supérieur de l'audiovisuel may render an opinion on the conditions of application of the provisions of this Decree.


Article 10 a later Decree in Council of State will establish the list of events of major importance and conditions of their televising for the overseas departments, Saint Pierre and Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna Islands taking particularly into account the specificities of each of these communities and the technical features of the overseas television broadcast.


Article 11 the Minister of culture and communication and the Minister of the overseas are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, 22 December 2004.
Jean-Pierre Raffarin by the Prime Minister: the Minister of culture and communication, Renaud Donnedieu de Vabres Minister of the overseas territories, Brigitte Girardin

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