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Decision No. 2008 - 1058 November 25, 2008 Authorizing The A.tele Company To Use A Radio Resource For The Operation Of A Private Local Television Service Broadcast Unencrypted Terrestrially In Mode...

Original Language Title: Décision n° 2008-1058 du 25 novembre 2008 autorisant la société A.Télé à utiliser une ressource radioélectrique pour l'exploitation d'un service privé de télévision à vocation locale diffusé en clair par voie hertzienne terrestre en mode...

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Information on this text




JORF n°0301 of 27 December 2008
text No. 128



Decision No. 2008-1058 of 25 November 2008 authorizing the company A.Télé to use a radio resource for the operation of a private local television service broadcast in clear air via terrestrial microwave on the Mulhouse area

NOR: CSAC0830688S ELI: Not available


The Conseil supérieur de l'audiovisuel,
Vu la Act No. 86-1067 of 30 September 1986 amended on freedom of communication, including articles 25, 28 and 30-1;
Vu le Decree No. 90-66 of 17 January 1990 modified for the application of 2° of Article 27 and 2° of Article 70 of Act No. 86-1067 of 30 September 1986 modified and setting out the general principles for the dissemination of film and audiovisual works;
Vu le Decree No. 92-280 of 27 March 1992 modified for application 1° of Article 27 of Act No. 86-1067 of 30 September 1986 amended above and setting general principles for the regime applicable to advertising and sponsorship;
Vu le Decree No. 2001-1333 of 28 December 2001 taken for application of articles 27, 70 and 71 of Act No. 86-1067 of 30 September 1986 modified and setting out the general principles for the broadcast of non-radiophone services by terrestrial hertzian in digital mode;
In view of the decision of 24 December 2001 on terrestrial microwave digital television setting out the characteristics of the signals emitted and the decision of 27 December 2001 on the characteristics of the reception equipment for terrestrial digital radio services;
Vu la Decision No. 2007-1170 of 18 December 2007 of the Conseil supérieur de l'audiovisuel relating to a call for applications for the publishing of private local television services broadcast on the Mulhouse area on a digital basis;
Having regard to the application by A.Télé on 14 March 2008 for authorization, 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 12 November 2008 approving the draft convention between the council and A.Télé;
Having regard to the agreement between the Conseil supérieur de l'audiovisuel and A.Télé on 25 November 2008;
The company was heard in public hearing on 16 June 2008;
After deliberating it,
Decides:

Article 1


A.Télé is authorized to use the frequency referred to in Appendix I for the operation of a local private television service known as "A.Télé", broadcast in clear digital mode, as specified in the agreement signed on 25 November 2008 between the Conseil supérieur de l'audiovisuel and A.Télé.

Article 2


The duration of the authorization is ten years from December 1, 2008. If, within the three-month period from that date, the company has not commenced the effective operation of the service, the Conseil supérieur de l'audiovisuel may declare the deciduous authorization.

Article 3 Learn more about this article...


The company will contribute to the costs of redesigning analog frequencies under the terms and conditions of distribution set by the Decree No. 2003-620 of 4 July 2003 taken for application ofArticle 30-1 of Act No. 86-1067 of 30 September 1986 amended above and relating to the distribution and pre-financing of the cost of reorganization of frequencies.

Article 4 Learn more about this article...


The radio resource is shared with other audiovisual communication services. It is intended to transmit the binary flow required for the video component and the sound components of each program, associated data, service information, information related to current and subsequent events (including the crossover between multiplex), information required for access control systems, as well as the download or update flow of reception terminals.
The service is broadcast in a standard format and not in a high-definition format as defined in the above-mentioned dated 24 December 2001. The useful radio resource allocated to the service is 165 millimetres. However, the publisher may contractually exchange with one or more service publishers present within the same multiplex, a portion of the resource assigned to it under the conditions provided for in theArticle 30-2 of Act No. 86-1067 of 30 September 1986 modified.

Article 5


This decision will be notified to A.Télé and published in the Official Journal of the French Republic.

  • Annex



    A N N E X E I




    PRINCIPALE VILLE DESSERVIE
    SITE
    ALTITUDE MAXIMALE
    antenna (m)
    BY MAXIMUM
    CANAL/
    POLARISATION

    Mulhouse

    Belvedere

    482

    39 kW (1)

    53 H

    (1) PAR of 39 kW in the area between the directions of azimuts 250° and 315°; 39 kW in the area between the directions of azimuts 20° and 75°; 12 kW in the direction of aazimut 130°.


    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.


    *
    *


    CONVENTION AGAINST THE AUDIO SUPER COUNCIL OF THE AUDIOVISUE TO THE NAME OF THE STATE, PARTY, AND A.TEEL, EXECUTIVE ADMINISTRATIVE ACHIEVEMENTS, SUBSTANTIVE PART, CONCERNING TELEVISION A.TÉLÉ
    The responsibilities and commitments of the publisher are derived from the general principles established by the Act No. 86-1067 of 30 September 1986 amended on freedom of communication, including respect for the dignity of the human person, the protection of childhood and adolescence, the pluralistic nature of the expression of currents of thought and opinion, the honesty of information, the quality and diversity of programs, the development of production and of national film and audiovisual creation, the defence and illustration of French language and culture.
    Implementation provisions of Article 28 and 33-1 of the Act of 30 September 1986 referred to above, the parties agreed on the following stipulations.


    PART 1
    OBJECT OF THE CONVENTION AND PRESENTATION OF THE
    Article 1-1
    Purpose of the convention


    The purpose of this Convention is, pursuant toSection 28 and 33-1 of the Act of 30 September 1986 referred to aboveto set the specific rules applicable to A.Télé service published by A. Télé and the prerogatives available to the Conseil Supérieur de l'audiovisuel to ensure that the publisher complies with its obligations.
    A.Télé is a local television service broadcast by terrestrial airwave in digital mode.
    The service is taken up in a full and simultaneous manner on networks that do not use the frequencies assigned by the Conseil supérieur de l'audiovisuel.


    Article 1-2
    Editor


    At the date of signature of this Agreement, the publisher is a simplified shares company with the capital of € 100,000, known as A.Télé, registered on March 5, 2008 at the Strasbourg SCR under number 502 565 732. Its head office is located 15, rue de la Nuée-Bleue, in Strasbourg (67000).
    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;
    - a list of the natural or legal persons or persons that control the licensee, within the meaning ofArticle 41-3 of the Act of 30 September 1986 referred to aboveas well as possible intermediate structures, with the distribution of their social capital and voting rights for societies;
    ― the name of the publication director, in the sense ofArticle 93-2 of Act No. 82-652 of 29 July 1982 ;
    – where applicable, copying of the objectives and means contracts between A.Télé and the 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 STIPULATIONS
    I. ― Dissemination 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 characteristics of the signals broadcast by the publisher are in accordance with the regulations in force (decree of 24 December 2001 on terrestrial microwave television fixing the characteristics of the signals emitted) and the document establishing "services and signalling profile for the broadcast of terrestrial digital television" developed within the technical committee of experts on earth digital television gathered under the auspices of the Conseil Supérieur de l'audiovisuel. This document was approved by the Council at its plenary meeting on 22 July 2008 and published on its website on 10 October 2008. The amendments that could be made subsequently to this document will be submitted to the Board for approval, after consideration by the Technical Commission of Earth Digital Television Experts, and published.
    The publisher makes available to multiplex operators the signalling data intended to cross, between the various multiplex, information concerning the current emissions and the following emissions of its service.
    In order to allow the board to enforce provisions of the eighth paragraph of Article 25 of the Act of 30 September 1986 referred to above, for services requiring the use of an interactivity engine, the publisher informs the board of the system that he wishes to use. Specifications or references to recognized standards are forwarded to the board. The evolutions of the interactivity engine, or the changes of this engine, are the subject of advice.
    The publisher undertakes to operate the service itself for the duration of the authorization under the conditions specified in 3-1-1 (I, Programs, Part 3).


    Article 2-1-2
    Territorial coverage


    The publisher ensures that its programs are broadcast by terrestrial hertzian in digital mode from all the emission sites for which it receives an authorization to use a frequency resource.


    Article 2-1-3
    Conventions concluded with multiplex operator


    The publisher shall communicate to the Conseil supérieur de l'audiovisuel, in confidence, the agreements concluded with the company responsible for ensuring the technical operations necessary for the transmission and dissemination of the service to the public.


    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. Some programs can be broadcast in Alsatian. 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
    Major events


    The publisher respects the legislative and regulatory provisions relating to the retransmission of major events, in particular the provisions of the Decree No. 2004-1392 of 22 December 2004 taken for application ofArticle 20-2 of the Act of 30 September 1986 referred to above.


    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 the expression of the 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 and in the interviews or debates.
    The publisher transmits to the council, for the period he indicates, the statement of the times of intervention of political, trade union and professional personalities.


    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 behaviour because of race, sex, religion or nationality;
    - to promote the values of integration and solidarity that are those of the Republic;
    to take into account, 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 degrading 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 and 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


    In order to ensure the protection of minors against the dangers that may be posed by their participation in a television program, the publisher undertakes to respect the deliberations of the Superior Council of Audiovisual Services in this area (as of the date of signature of this Convention, the current text is the current text. deliberation of 17 April 2007 related to the intervention of minors in the context of television programs broadcast in metropolitan and overseas departments.


    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 micro-trotoir or viewer 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 is committed to preserving pluralism and editorial independence through a team of journalists on local television A.Télé. The publisher undertakes to establish or refer to a deontological charter annexed to this Convention.
    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 to respect for privacy, the anonymity of juvenile offenders and, finally, to respect for the presumption of innocence, that a person whose guilt has not been established may not be presented as guilty.
    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 Appendix 2 to this Convention, is established with the publisher to oversee all the programs of the chain and 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 board may seek its opinion.


    IV. ― Protection of Children and Adolescents
    Article 2-4
    Program signals and classification


    In order to ensure the protection of children and adolescents, the publisher undertakes to comply with the recommendations of the Higher Council of Audiovisual Affairs concerning youth signage and program classification (as of the date of signature of this Convention, the text in force is the current text Recommendation No. 2005-5 of 7 June 2005).
    Category V programs (prohibited film works for minors under the age of 18, as well as pornographic or very violent programs, reserved for an informed adult audience and likely to impair the physical, mental or moral development of minors under the age of 18) are subject to a total ban on dissemination.


    PART 3
    SPECIAL STIPULATIONS
    I. Programmes
    Article 3-1-1
    Programming


    A.Télé is a full-time local television service broadcast 24 hours a day.
    The publisher devotes at least half of the total weekly volume of air time to programs, including information, whose subject is anchored in the social, economic and cultural reality of the geographic area on which A.Télé is authorized. In these 50 per cent, 20 per cent of the emissions are broadcast first.
    In order to meet this first-run commitment, the publisher is supported under the following conditions:
    2009: 10%;
    2010: 15%;
    starting in 2011: 20%.
    The entire program is designed or assembled by the publisher.
    An indicative program schedule is set out in Appendix 3 to this Agreement.


    Article 3-1-2
    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 respect provisions of Article L. 52-1 of the Electoral Code in its application periods.


    Article 3-1-3
    Financing of television programmes
    by territorial authorities


    The publisher undertakes to comply with the recommendations of the Conseil supérieur de l'audiovisuel regarding the financing of television programming by local authorities (as of the date of signing of this Agreement, the text in force is recommendation of 4 January 2007).


    Article 3-1-4
    Program access to deaf or hearing impaired persons


    The publisher undertakes, to the extent of its technical and financial possibilities, to develop by appropriate devices the access of programs to deaf or 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 provided by the Decree No. 92-280 of 27 March 1992 amended.
    The time devoted to the broadcast of advertising messages does not exceed nine minutes per hour of antenna on average daily, without exceeding twelve 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 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 screen generics of a minimum duration of four seconds, composed of sound and visual elements allowing the young audience 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 Decree No. 92-280 of 27 March 1992 modified, sponsored television programming must be clearly identified as such at the beginning or end of the program. 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 five 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 shall comply with the provisions relating to tele-purchase programming set by the Decree No. 92-280 of 27 March 1992 amended.
    If the same property or service is presented both in a tele-purchase program and in a commercial message, a period of at least twenty minutes must be between the end of the advertising screen and the beginning of the tele-purchase program and vice versa.
    The presentation or promotion of objects, products or services must comply with the legislative and regulatory provisions relating to consumer information, including those derived from the Consumer coderelating to the sale of goods and supplies of remote services and to claims, 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, including 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 and terms of sale.
    The validity conditions of the prices (duration, deadline) must be mentioned.


    II. ― Dissemination and production of audiovisual works
    Article 3-2-1
    Dissemination of audiovisual works


    I. - In accordance with provisions of Article 13 of Decree No. 90-66 of 17 January 1990 Amended, the publisher reserves, in the total annual time devoted to the broadcast 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 the same decree.
    II. ― In accordance with the provisions of Article 14 of the above-mentioned Decree, the proportions referred to in I must also be respected at peak times, i.e. the hours between 12 hours and 14 hours, and 18 hours and midnight.


    Article 3-2-2
    Production of audiovisual works


    This section applies if the publisher reserves more than 20% of the service's broadcast time annually to audiovisual works. In this case, the obligations set out in articles 8 to 16 of Decree No. 2001-1333 of 28 December 2001 for the application of Articles 27, 70 and 71 of the Act of 30 September 1986 referred to above and setting out general principles for the dissemination of non-radiophone services by terrestrial hertzian in digital mode will apply to it.
    I. - Each year, the publisher spends on expenditures contributing to the development of the production of French original audiovisual works, within the meaning of Article 10 of the above-mentioned decree, an amount equal to at least 16% of the net turnover of the previous year, as defined in Article 2 of this decree. Upload can be expected.
    II. - As long as the net annual turnover of the previous year, all media, is less than 150 million euros, may be taken into account under the obligations set out in I of this article the expenditures on European works, within the limit of 25%.
    III. - The publisher undertakes to devote at least 15% of the obligation set out in I of this article to expenses relating to the production of unpublished audiovisual works, under the conditions provided for in article 11 of the aforementioned decree.
    IV. - At least two thirds of the expenses set out in I of this article are devoted to the development of the production of independent audiovisual works, in accordance with the terms and criteria mentioned in article 12 of the aforementioned decree.


    Article 3-2-3
    Relations with producers


    The publisher is committed to ensuring equal treatment between producers of audiovisual works and promoting free competition in the production sector.
    The publisher undertakes to ensure that the contracts that it enters for the acquisition of broadcasting rights include an encryption of each type of acquired right indicating 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 film works
    Article 3-3-1
    Quotas of European cinematographic works
    and original French expression


    In accordance with provisions of Article 7 of Decree No. 90-66 of 17 January 1990 Amended, 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 the same decree.
    These proportions must also be respected at peak times, i.e. hours between 20:30 and 22:30.


    Article 3-3-2
    Quantum and distribution grid


    The publisher has chosen to broadcast less than fifty-two different long-term cinema works each year and the total number of broadcasts and rebroadcasts of all kinds of these works does not exceed one hundred and four. No long-term film work will be broadcast, on the one hand, on Wednesday evening and Friday evening, with the exception of works of art and essays broadcast after 10:30 p.m., on the other hand, on Saturday all day and 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 deadlines 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 publisher is not subject to investment obligations in the production of cinematographic works provided for in Chapter I of Title I of Decree No. 2001-1333 of 28 December 2001 taken for application of Articles 27, 70 and 71 of the Act of 30 September 1986 referred to above and establishing general principles for the dissemination of terrestrial non-radiophone services in digital mode.


    Article 3-3-5
    Pluralistic presentation of film news


    If the publisher presents the news of the cinematographic works that have been released in the classroom in programs devoted to this topic, he agrees that this presentation is pluralistic and diverse.


    IV. associated data


    The dissemination of associated data will be subject to an advent.


    PART 4
    CONTROL AND CONTRACTUAL PENALITIES
    I. - Control
    A. ― Society Control
    Article 4-1-1
    Changes in ownership and management bodies


    The publisher shall immediately inform the Superior Council of any change in the amount of social capital and any changes in the distribution of 1% or more of the social capital or voting rights of the licensee corporation. The amendment is appreciative of the last distribution communicated to the board.
    The publisher shall inform the board, as soon as it is aware, of any change in control and any change in the distribution of 5% or more of the social capital or voting rights of the corporation(s) that control, if any, the licensee corporation, within the meaning ofArticle 41-3 of the Act of 30 September 1986 referred to aboveas well as any intermediary companies. The amendment is appreciative of the last distribution communicated to the board. When it comes to companies whose shares are admitted to negotiations on a regulated market, the publisher shall inform the board of any crossing of thresholds of participation to their social capital, as soon as it is aware, under the conditions set out in theArticle L. 233-7 of the Commercial Code and, where appropriate, by their statutes.
    The publisher shall communicate, upon request of the board, the detailed composition of the social capital and voting rights of the licensee corporation and of the corporation(s) that control, if any, the licensee corporation.
    If the elements brought to the Council ' s attention under the preceding subparagraphs appear to raise difficulties with regard to the Council provisions of Article 42-3 of the Act of 30 September 1986 referred to above, he informs the publisher as soon as possible.
    For application of theArticle 40 of the Act of 30 September 1986 referred to abovethe publisher shall semi-annually provide the board with the elements to determine the nationality, within the meaning of the second paragraph of section 40, of each of its shareholders and the share of its non-community shareholding. When the shares of the licensee corporation or one of its direct or indirect shareholders are admitted to negotiations on a regulated market, these elements are, at the request of the board, the transmission of the EUROCLEAR France statements from the various companies concerned.
    The stipulations set out in the preceding paragraphs do not apply when the corporation that controls the licensee is itself the publisher of a television service authorized by the board.


    Article 4-1-2
    Economic information


    The publisher 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, as well as its management report, as provided for inArticle L. 232-1 of the Commercial Code.
    The publisher shall communicate to the board the documents provided by the Articles L. 233-15, L. 233-16, L. 233-20 and L. 233-26 of the Trade Code and, at the request of the board, the documents referred to in section L. 232-2 of the same code.
    The publisher shall, upon request, communicate to the board the annual balance sheet and reports of each of the shareholders holding at least 5% of its capital on their own behalf.
    The publisher shall forward to the board, pursuant to regulations No. 98-01, No. 98-02 and No. 98-07 of the Commission on Exchange Operations, any information document published on the occasion of a stock exchange transaction involving the licensee corporation.
    The publisher shall provide information to the board, in the context of the annual report provided for in section 4-1-4 of this Agreement or at the express request of the board, in addition to the table of subsidiaries and participations, the characteristic data published on the activity of subsidiary or sub-sidiary companies whose importance is significant to the assets or results of the licensee or group.
    As part of the exercise of its duties, the board may request the publisher to provide, in confidence, information on the diversification activities that it or one of its subsidiaries develop in the areas of culture and communication and revenues generated by these activities.


    B. ∙ Compliance
    Article 4-1-3
    Programme oversight


    The publisher shall communicate its pre-programs to the Conseil supérieur de l'audiovisuel within a reasonable period of 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 board may ask the publisher these elements on a medium that 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 4-1-4
    Information on compliance


    Implementation 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 Commission 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 board, the full copy of contracts for orders and purchases of audiovisual and film works.
    They also include, at the request of the board, the communication of contracts with non-professionals and related to their participation in programs of tray, play or entertainment, so that the board is able to verify compliance with the obligations that are 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 publisher must clearly state that the publisher must, if the council so requests, communicate these contracts to the publisher who will send them to the board. The data provided is confidential.
    The communication of the data will be carried out according to the standards and procedures defined by the board, for the broadcasting obligations as for the production obligations of the works.
    The Board will focus on promoting the transmission of information through computerized media.
    The publisher shall, at its request and in confidence, provide information on the cost and financing of programs other than film and audiovisual works.
    The publisher shall, at the request of the Board and in confidence, communicate to the Board the hearing studies it conducts.
    The publisher shall report annually to the Board, by March 31, on the terms and conditions for the performance of its obligations and commitments for the previous year in respect of programs.
    The publisher provides the board with an annual list of audiovisual production companies, whether in French law or not, with which it has contracted.


    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 42-1 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 will not exceed the ceiling provided for in theArticle 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 board may impose a monetary penalty, the amount of which may not exceed the limit set for recidivism by the boardArticle 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 of which it sets the terms and conditions of distribution under the conditions provided for by theArticle 42-4 of the Act of 30 September 1986 amended.


    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 STIPULATIONS
    Article 5-1
    Amendment


    No stipulation of this Agreement may preclude any legislative and regulatory provisions that may intervene, after the signature of this Agreement, 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.
    The publisher shall inform the board as soon as possible of any changes to the data concerning:
    - the composition of social capital and the distribution of voting rights of the licensee;
    the control to which the corporation or any of its shareholders is subject;
    the list of social agents;
    ― the general characteristics of the programming.


    Article 5-2
    Communication


    This Agreement is an administrative document, of which any person may request a copy to the Conseil supérieur de l'audiovisuel, pursuant to Act No. 78-753 of 17 July 1978 amended.
    Made in Paris, in two original copies, on November 25, 2008.


    For the editor:
    The president,
    F. Hirn
    For the Conseil supérieur de l'audiovisuel :
    The president,
    Mr. Boyon
    A N N E X E I
    THE COMPOSITION OF THE SOCIAL CAPITAL
    AND THE APPORTIONMENT OF THE RIGHTS OF VOTE OF A.TÉLÉ
    I. - Composition of social capital
    and distribution of voting rights of A.Télé


    The company's social capital is 100 000 € held 100% by ALSATIC.
    II. ― List of natural or legal persons who control the licensee corporation (in the sense ofArticle 41-3 of the Act of 30 September 1986 amended) and possible intermediate structures, with the distribution of capital and voting rights for companies
    Alsatic, with a capital of € 1,500,000, is held at 80% by Alsace Media participations (capital and voting rights).
    Alsace Media Participation, capital of €102,000, is held at 94.12% by the company Editions des Derniers Nouvelles d'Alsace (capital and voting rights).
    The company Editions des Derniers Nouvelles d'Alsace, with a capital of 85,104,604 €, is held at 98.71 % by the company Presse Investissements (capital and voting rights).
    The Press Investment Company, with the capital of €77,238,800, is held at 51% by the East Republican company (capital and voting rights).


    III. ― Presentation of the corporation controlling the licensee corporation
    in the sense ofArticle 41-3 of the Act of 30 September 1986 amended


    Is republican, capital company of 3,978,880 €.
    Main shareholders of the SA Republican East : SA France Est, Gérard Lignac, company La Grande Chaudronnerie de Lorraine.
    Management bodies: Chairman of the Board of Directors: Gérard Lignac.
    Vice President and CEO: Gérard Colin.
    A regional Daily draw of 194,677 daily copies distributed throughout Lorraine.


    List of social agents of A.Télé


    Mr. Francis Hirn, President.
    The Director of Service Publishing, within the meaning ofArticle 93-2 of Act No. 82-652 of 29 July 1982, is Mr Francis Hirn, President of A.Télé.
    Targets and means contracts: nothing.


    A N N E X E I


    COMPOSITION OF THE COMPONENT COMMITTEE OF INDEPENDENT PERSONALITIES CONSTITUTED TO THE RESPECT OF THE CHAIR A.TÉLÉ AFIN DE SUPERVISER THE ENVIRONMENT OF THE PROGRAMMES OF THE CHAIRMAN AND VEILLER TO THE RESPECT OF THE PRINCIPLE OF PLURAL
    M. Gérard Binder, universitaire, ancien président de l'université de Haute-Alsace, Mulhouse, 18, rue des Frères-Lumière, 68093 Mulhouse Cedex 2.
    M. Jean Dominique Marco, directeur de Musica, festival des musiques contemporaines de Strasbourg, 1, place Dauphine, BP 90048, 67065 Strasbourg Cedex.
    Jean Mathieu Collard, architect, president of the regional council of the order of the architects of Alsace, 5, rue Hannong, 67000 Strasbourg.
    Thierry Danet, Artefact/La Laiterie, Artefacts Festival, Les nuits électronique de l'Ososphere, 13, rue du Hohwald, 67000 Strasbourg.
    Bernard Stalter, President of the Alsace Chamber of Trades, European Company Space, 30 avenue de l'Europe, 67300 Schiltigheim.
    Christophe Kieffer, director of the Alsace Economic and Social Council, 1, place du Wacken, BP 6, 67070 Strasbourg.
    M. Richard Kleinschmager, universitaire, vice-president of the Université Louis Pasteur de Strasbourg, Université Louis Pasteur, 3, rue de l'Argonne, 67000 Strasbourg.


    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 25, 2008.


For the Conseil supérieur de l'audiovisuel :

The president,

Mr. Boyon


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