Key Benefits:
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 referred to above and setting out 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 referred to above and establishing 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 and establishing general principles for the dissemination 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;
In view of decision No. 2008-191 of 19 February 2008 of the Higher Council of Audiovisual Affairs on a call for applications for the edition of private local television services broadcast on a digital basis on the Lille area;
Having regard to the application for authorization submitted on 16 May 2008 by the Société de télévision multilocale du Nord - Pas-de-Calais, 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 24 February 2009 approving the draft convention between the council and the Société de télévision multilocale du Nord - Pas-de-Calais ;
Considering the agreement between the Conseil supérieur de l'audiovisuel and the Société de télévision multilocale du Nord - Pas-de-Calais on 7 April 2009;
The company was heard in public hearing on 23 September 2008;
After deliberating it,
Decides:
The Société de télévision multilocale du Nord - Pas-de-Calais is authorized to use the frequency referred to in Appendix I for the operation of a local private television service known as WEO La Télé Nord - Pas-de-Calais, broadcast on a digital basis, as specified in the agreement set out in Appendix II to this authorization.
The broadcast site specified in Appendix I may be supplemented by other sites operating in isofreque mode as part of the terrestrial digital television coverage extension. The publisher must adhere to the schedule for the commissioning of these sites, set by the Conseil supérieur de l'audiovisuel.
The duration of the authorization is ten years from April 7, 2009. 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.
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 the purposes of section 30-1 of the Act of September 30, 1986 and relating to the distribution and pre-financing of the cost of reorganization of frequencies.
The radio resource is shared with other audiovisual communication services. It is intended to transmit the necessary binary flow rates for the video component and the sound components of each program, associated data, service information, information on current and subsequent events (including the crossover between multiplex), the 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 set out in section 30-2 of the Act of 30 September 1986.
This decision will be notified to the Société de télévision multilocale du Nord - Pas-de-Calais and published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E I
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A N N E X E I
CONVENTION AGAINST THE AUDIO SUPER COUNCIL OF THE AUDIOVISUE TO THE NORTH, PARTY, AND THE MULTILOAL NORTH AND FOLLOW-DE-CALAIS SOCIETY OF THE NORTH EASTE, AGAINST THE PARTY OF THE TEAM SERVICE
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 and, in particular, 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 national film and audiovisual production, the defence and the illustration of French language and culture.
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
OBJECT OF THE CONVENTION AND PRESENTATION OF THE
Article 1-1
Purpose of the convention
The purpose of this Agreement is, pursuant to sections 28 and 33-1 of the Act of 30 September 1986 referred to above, to establish the specific rules applicable to the WEO La Télé Nord - Pas-de-Calais service published by the Société de télévision multilocale du Nord - and Pas-de-Calais and the prerogatives available to the Conseil supérieur de l'audiovisuel to ensure compliance by the publisher with its obligations.
WEO La Télé Nord - Pas-de-Calais is a local television service that is air-conditioned 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
On the date of signature of this agreement, the publisher is an anonymous company with a capital of €2,273,891, known as Société de télévision multilocale du Nord and Pas-de-Calais, registered on March 14, 1994 at the RCS in Lille under number 394 216 089. Its head office is located 8, Place du Général-de-Gaulle, BP 549, 59023 Lille Cedex.
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 corporation, within the meaning of section 41-3 of the Act of 30 September 1986 referred to above, as well as possible intermediate structures, with, for societies, the distribution of their social capital and voting rights;
― the name of the publication director, in the sense ofArticle 93-2 of Act No. 82-652 of 29 July 1982.
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 (December 24, 2001 decision 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 Superior Council of the Audiovisual. 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 Committee of Digital Earth Television Experts, and will be 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 the provisions of the eighth paragraph of section 25 of the Act of 30 September 1986 referred to above, for services requiring the use of an interactivity engine, the publisher shall inform 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. 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 the purposes of section 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, as well as 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 treatment or reduction 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
In order to ensure the protection of minors against the dangers of their participation in a television program, the publisher undertakes to respect the deliberations of the High Council of Audiovisual Services in this field. On the date of signing of this Convention, the current text is the deliberation of 17 April 2007 on 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 "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 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 is committed to complying with the recommendations of the Higher Council of Audiovisual Affairs regarding youth and program classification. On 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 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. ― Programs
Article 3-1-1
Programming
WEO La Télé Nord - Pas-de-Calais 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 WEO La Télé Nord - Pas-de-Calais broadcasts its programs. In these 50 per cent, 20 per cent of the emissions are broadcast first.
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 Codein its application periods.
Article 3-1-3
Financing of television programming by local authorities
The publisher is committed to complying with the recommendations of the Conseil supérieur de l'audiovisuel regarding the financing of television programming by local authorities. At the date of signature of this Convention, the text in force is the 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 spent on advertising messages does not exceed 12 minutes for a given clock hour.
The interruptions of cinematographic or audiovisual works are carried out in accordance with the provisions of Article 73 of the Act of 30 September 1986 referred to above.
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 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 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 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 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 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, 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. ― Dissemination and production of audiovisual works
Article 3-2-1
Dissemination of audiovisual works
I. Consistent 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, and setting out the 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, as defined in section 10 of the above-mentioned decree, a sum corresponding to at least 16% of the net turnover of the previous year, as defined in section 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, 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 above-mentioned 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 above-mentioned 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 the obligations of investment in the production of cinematographic works set out in chapter I of title I of Decree No. 2001-1333 of 28 December 2001 taken for the purposes of articles 27, 70 and 71 of the Act of 30 September 1986 referred to above and setting out the general principles for the dissemination of non-radiophone services by terrestrial microwave 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 as well as 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 of section 41-3 of the Act of 30 September 1986, as well as of any intermediate corporation(s). 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 informs 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 attention of the board pursuant to the preceding subparagraphs appear to raise difficulties with respect to the provisions of section 42-3 of the Act of 30 September 1986, he shall inform the publisher as soon as possible.
For the purposes of section 40 of the Act of 30 September 1986 referred to above, the 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 Senior Advisory Board, within six months of the closing of each fiscal year, its balance sheet, its result account and schedule, and its management report, as provided for in the above-mentioned report.Article 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 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, develops 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
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 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. A progress report may be requested by the board.
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 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 broadcast, a program category, part of the program or one or more ad sequences for a 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 cannot exceed the limit set 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 STIPULATIONS
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.
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;
- the modification of the governing bodies.
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, April 7, 2009.
For the editor:
The president,
J.-M. Lobry
For the Conseil supérieur de l'audiovisuel :
The president,
Mr. Boyon
Annex 1
LA COMPOSITION DU CAPITAL SOCIAL ET LA RÉPARTITION DES DROITS DE VOTE
DE LA SOCIÉTÉ DE TÉLÉVISION MULTILOCALE DU NORD ET DU PAS-DE-CALAIS
I. ∙ Composition of social capital and distribution of voting rights
North and Pas-de-Calais Multilocal Television Corporation - STM
The social capital of the society is two million two hundred and sixty-three eight hundred and eighty-one euros (2,273,891), divided into two million two hundred and seventy-three eight hundred and eighty-one shares (2,273,891) of one euro each.
The distribution of capital is as follows:
| Holding Images in North (*) | 58.36 | 1 327 027 |
| CENFE Communication SAS | 15,64 | 355 575 |
| Boileau TV (NRJ group) | 9,04 | 205 492 |
| Roularta Media Group NV | 6.25 | 142 230 |
| The Independent of Pas-de-Calais | 5.53 | 25 682 |
| No Télé Asbl | 1.79 | 40 708 |
| Tomorrow | 0.93 | 21 136 |
| The New Media Company | 1,16 | 26 420 |
| Dillies Video | 1,16 | 26 420 |
| Divercom SA | 0.10 | 2 162 |
| AB SAT SA | 0.05 | 1 034 |
| | ||
| M. Jean-Michel LOBRY (society Images en Nord) | | 1 |
| M. Jean-Paul BOUGEARD (society Images en Nord) | | 1 |
| M. Marien BONIEUX (society Images en Nord) | | 1 |
| Mr. Gérard CROS (Society Images in the North) | | 1 |
| M. Philippe D'AMALRIC (society AB Sat) | | 1 |
| Total | 100 | 2 273 891 |
III. ― Presentation of the corporation controlling the licensee corporation
within the meaning of section 41-3 of the amended Act of 30 September 1986
(*) Images en Nord, SA with a capital of € 51,400 having its head office at 14, rue du Sec-Arembault in Lille (59000) and registered at the RCS in Lille under number 504 007 642 and represented by Jacques Hardoin, its president.
The company's main shareholder Images en Nord is La Voix du Nord. The latter is controlled by the company ROSSEL France SA at the capital of 6,531,000 euros whose head office is in Luxembourg, 560 A, rue de Neudorf L. 2220, Luxembourg and whose directors are Mr. Alain LAM (Luxembourg), Mr. Yves de CHAISEMARTIN (France) and Mr. Bernard MARCHANT (Belgium).
List of social agents
the Société de télévision multilocale du Nord et du Pas-de-Calais
Mr. Jean-Michel LOBRY, President and CEO.
Mr. Jean-Paul BOUGEARD, Executive Director.
SAS Images in the North, represented by Mr. Christophe DI POMPEO:
Caisse d'Epargne Nord France Europe Communication, represented by M. Jean MERELLE.
ROULARTA Media Group, represented by Mr. Dirck VANHEGEN.
Company No Télé ASBL, represented by Mr. Jean-Pierre WINBERG.
M. Marien BONIEUX, société Images en Nord.
M. Philippe D'AMALRIC, société AB Sat.
Mr. Gérard CROS, company Images en Nord.
BOILEAU TV, represented by Mr. Gérald Brice VIRET.
Mr. Alain DIEVAL.
The Director of Service Publishing, within the meaning ofArticle 93-2 of Act No. 82-652 of 29 July 1982, is Jean-Michel LOBRY, President and CEO of the Société de télévision multilocale du Nord et du Pas-de-Calais.
Annex 2
COMPOSITION OF THE COMPONENT COMMITTEE ON INDEPENDENT PERSONALITIES CONSTITUTED WITH THE SOCIETY OF THE MULTILOAL NORTH TEELVISION AND THE SUBSTANCE WITHIN THE RESPECT OF THE PRINCIPLE OF PLURALIZE
Philippe LAMBLIN (President of the Ethics Committee, President of UNIS-CITE, President of the North League - Pas-de-Calais d'athlétisme).
Marc BUE (personality of the agricultural world).
Jean-Claude CASADESUS (Orchestre national de Lille).
Dorothy DA SILVA (business leader).
Claudie GESQUIERE (President of the Union of Northern Family Associations).
Richard KOWALSKI (representative of the Polish community).
Frédéric LAMBIN (president of the second chance school and Lille Grand Palais).
Patricia LASOU (President of the Valenciennes Film Festival).
Yves LE MANER (Director of the Coupole).
Didier LEROY (President of Toyota Motor Manufacturing France).
Patrick PEUGEOT (President of CIMADE).
Jean QUEMERE (general delegate of the Regional Chamber of Social Economy).
Michel QUINT (writer).
Hélène SZULC (business leader).
Jérémy GANDIN (audiovisual representative of the Ecole Supérieure de Journalisme de Lille).
Philippe VASSEUR (President of Alliances).
Annex 3
PROGRAMME GRILLE
This appendix is available to the Conseil supérieur de l'audiovisuel.
Done in Paris, April 7, 2009.
For the Conseil supérieur de l'audiovisuel :
The president,
Mr. Boyon
