Advanced Search

Decision No. 2012-522 26 June 2012 On A Call For Nominations For The Edition Of Private Local Television Services Broadcast Terrestrially In Clear In The Nancy Area

Original Language Title: Décision n° 2012-522 du 26 juin 2012 relative à un appel aux candidatures pour l'édition de services privés de télévision à vocation locale diffusés en clair par voie hertzienne terrestre dans la zone de Nancy

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Text information




JORF n ° 0181 of August 5, 2012
text N ° 38



Decision No. 2012-522 of 26 June 2012 on a call for applications for#039publishing of local private television private television services in the area of Nancy

NOR: CSAC1230916S ELI: Not available


Audio-Visual Higher Council,
Seen Act No. 86-1067 of 30 September 1986 as amended on freedom of communication, in particular Articles 30-1 and 31;
Due to the results of the public consultation launched by the Conseil supérieur de l' audiovisuel on 3 November 2011;
After Deliberate,
Decides:

Article 1


A call for applications is made for the use of a radio resource for services of Local television, full-time or shared, intended to be broadcast in clear by terrestrial terrestrial radio.
The geographical area for the use of the radio resource subject to the call for applications is the area of Nancy, as determined on the map in Annex I.



I. -Purpose of the
I-1 call for applications. The Available Resource


Annex I to this Decision refers to the spectrum available for the broadcast of one or more local television services in full time equivalent, which belong to the digital network R 1. It specifies the technical conditions for the use of these frequencies.
The selected service will be required to broadcast the R 1 multiplex emitters to cover this area.


I-2. The categories of services that are the subject of this appeal


This call is for the release of a clear, local television service.


I-2.1. Definition of a television service


According to Article 2 of the Act of 30 September 1986, is considered as a television service " Any service of communication to the public by electronic means intended to be received simultaneously by the general public or by a category of public and whose main programme consists of an ordered sequence of broadcasts containing images and
A television service may, pursuant to the provisions of section 30-1 of the Act of September 30, 1986, be accompanied by associated data intended to enrich and supplement the television program.


I-2.2. Definition of a local television service


According to section 30-1 of the Act of 30 September 1986 concerning calls for applications in digital, a service whose geographical area is equivalent to a party is a local service Of metropolitan territory.


I-2.3. Characteristics of the programming of a local television service


Television services are intended to be broadcast in plain language.
The publisher spends at least one hour daily on information programs Processing only the area in which the service is authorized.
This time, whose first broadcast occurs exclusively in the area where the service is authorized, is scheduled for the best hours of hearing, by a minimum of thirty Minutes. The Convention sets out the characteristics and schedules for broadcasting.
This daily hour is complemented by local or regional programming devoted to topics rooted in social, economic, cultural and social life. The environment in which the service is authorized, its department, the boundary departments, and the administrative region to which it belongs.
This set (daily information program and programming time) Local or regional) represents at least, each week, half of the time Service and is broadcast between 6 hours and midnight.
The publisher must retain editorial independence in all circumstances. Therefore:
-broadcast programs can only contain authorized service identification;
-when programming schedules are imposed on the editor by one or more program providers, the programs provided (at The exception of the daily information programme referred to in the first subparagraph and the local or regional programmes referred to in the third subparagraph shall not exceed 30 % of the air time of the service each week.


I-2.4. Possible Funding Arrangements


Funding for the service can be provided through advertising revenue, sponsorship revenue, and teleshopper ( decree n ° 92-280 of 27 March 1992 or any other revenue of a commercial nature, and by public aid, in accordance with the applicable Community rules (1).

(1) The candidate must ensure that the aid complies with Community law on State aid (cf. Circular from the Prime Minister of 26 January 2006 on the application at local level of the Community competition rules on State aid to undertakings, OJ of 31 January 2006). The publisher shall forward to the Council, where appropriate, the documents attesting to that conformity.



I-2.5. Legal persons who may be candidates


This call may be answered in accordance with section 30-1 of the Act of September 30, 1986:
-commercial companies, including local mixed economy companies;
-cooperative societies of mutual interest;
-public cultural cooperation institutions;
-associations declared in accordance with the law of 1 July 1901 relating to the association contract;
-non-profit associations governed by local law in the departments of Bas-Rhin, Haut-Rhin and Moselle.


I-2.6. Full-time or shared services


The channel can be used for the broadcasting of a single television service (full time) or for the broadcasting of several television services each with a separate authority (time Shared).


I-3. The rules on nationality and media concentration


The publisher must comply with the rules on nationality and media concentration as set out in Articles 39 and 40 (for companies) and 41, 41-1-1 (for corporations and associations) of the Act of September 30, 1986.


II. -General procedures for the
II-1 authorization procedure.
II-1.1 application folders. Filing


Application files must be submitted in five copies, one in computer form (CD-ROM) to the Conseil supérieur de l' audiovisuel, tower Mirabeau, 39-43 quai André-Citroën, 75739 Paris Cedex 15, before 24 September 2012, at 5 p.m., on pain of inadmissibility. The files may also be sent to the council by post on or before September 24, 2012, the stamp of the post being authentic, under registered mail with acknowledgment of receipt. Folders must be written in French.


II-1.2. Disclaimer


After the application has been filed, a candidate who wishes to withdraw his application must notify the Board without delay by registered mail with acknowledgement of receipt. If
disclaimer is made after the issuance of the authorizations, the resource provided for the service that is the subject of the discontinuance can be allocated only after a new appeal has been made. Applications.


II-1.3. Contents of the Candidator File


The application template is presented in Annex II.
After the filing deadline, any amendment to an application that would be considered substantial by The Board would lead to the application being regarded as new and therefore inadmissible.


II-2. Admissibility of applications


The board establishes a list of eligible candidates.
The following conditions are acceptable to candidates:
1. Filing of files within the time limits and conditions set out in II-1.1.
2. Project corresponding to the subject of the appeal;
3. Effective existence of the candidate legal person on the application deadline or, failing that, undertaking the necessary steps to acquire the legal personality, justified by the production of the following documents:
-for an association that has been published in the Official Journal, dated and signed statutes, and a copy of the publication;
-for an association that has not yet been published in the Official Journal, dated statutes and Signed and copy of the application for publication or, failing that, the receipt of the declaration or declaration of filing of the declaration file in prefecture;
-for a company registered in the register of commerce and companies, extract K bis Less than three months old, dated and signed statuses;
-for a company not yet Registered in this register, bank certificate of a blocked account, statutes dated and signed.
The effective existence of the legal personality will be required before the conclusion of the Convention provided for in Article 28 of the Law of 30 September 1986.


II-3. Public Hearing


The Board will hear from a public hearing the candidates on the list of eligible candidates.


II-4. Selection


As a result of the application process, the Board, as a preparatory measure, conducts a selection of candidates.
The list of selected candidates is published on the website. The Internet of the Board (www.csa.fr) and is notified to them.


II-5. Elaboration of the Convention


The Council shall define with each candidate selected the provisions of the Convention provided for in Article 28 of the Law of 30 September 1986.


II-6. Authorization or rejection of applications


After the conclusion of an agreement with each pre-selected candidate, the board will issue a licence to use the radio resource. Authorisation decisions shall be published in the Official Journal of the French Republic with their obligations.
These authorisations shall be for a maximum period of ten years. They may be renewed out of call, only once, for a maximum period of five years.
Denials are motivated and notified.


II-7. Selection Criteria


The board issues licences for the use of the radio resource, including a comparative examination of applications. The accuracy of the information provided by the candidates constitutes an element of such a nature as to inform the Board in the investigation of the files.
The criteria taken into consideration by the Board for the granting of authorisations are defined at Section 30-1 of the Act of September 30, 1986.
Thus, the Board grants the authorities by assessing the interest of each project for the public, in light of the priority requirements of safeguarding pluralism of expression currents. Socio-cultural, the diversification of operators and the need to avoid Abuse of a dominant position as well as practices impedes the free exercise of competition.
It takes into account:
, where applicable, the commitments made by candidates in the production and distribution of audiovisual works and European films and original French expression;
-the need to offer services that meet the expectations of a broad audience.
It also takes into account:
-the experience gained by the candidate in communication activities;
-the financing and the operating prospects of the service, in particular on the basis of the possibilities of sharing advertising resources between companies Written press and audiovisual communication services;
-direct or indirect holdings, held by the candidate in the capital of one or more advertising authorities or in the capital of one or more undertakings Publishing publications;
-for services such as Programmes include programmes of political and general information, provisions to guarantee the pluralistic nature of the expression of currents of thought and opinion, the honesty of information and its independence from The economic interests of shareholders, in particular when they hold public contracts or public service delegations;
-the contribution to the production of locally produced programs.
The Board ensures Encourage the resumption of local services under contract on the basis of Section 33-1 of the Act of September 30, 1986.
In accordance with section 30-1 of the Act, the Board promotes services that contribute to enhancing the diversity of operators as well as the pluralism of information, all media combined, To measure the economic and financial viability of these services, particularly with respect to the advertising resource.


II-8. Subsequent steps for issuing
II-8.1 permissions. Multiplex operator


In accordance with the provisions of Article 30-2 of the Act of 30 September 1986, the authorisation of the multiplex operator is not called into question by the granting of the right of use of the radio resource to all Editor selected in this appeal.


II-8.2. Start of Emissions


The service editor with an authorization is required to ensure the effective start of the programs on the date and under the conditions set out in the authorization. If this condition is not met, the Board may declare that the authorization has lapsed.

Article 2


This Decision will be published In the Official Journal of the French Republic.

  • Appendix



    A N N E X E I
    TECHNOLOGY CHARACTERISTICS DIFFUSION
    (Network R 1)



    NAME OF
    SITE
    SITE
    ALTITUDE
    antenna (a)
    PAR MAXIMUM
    and minimum (b)
    CANAL/POLARIZATION

    BACCARAT

    Top Buisson TDF

    369 m

    900 mW (1)

    53 V

    CELLES-SUR-PLAINE

    Roche in Cochons

    670 m

    8 W (2)

    53 H

    DOMBASLE-SUR-MEURTHE

    Riaucourt

    278 m

    200 mW (3)

    53 V

    FOUG

    La Pelouse

    344 m

    1 W (4)

    53 H

    LIVERDUN

    Bois de la Fourasse

    362 m

    2 W (5)

    53 H

    NANCY

    Malzeville

    573 m

    50 kW (6)

    53 H

    POMPEY

    Reservoir

    330 m

    400 mW (7)

    53 V

    PONT-SAINT-VINCENT

    The Fort

    349 m

    8 W (8)

    53 H

    (a) The antenna altitude is more or less than 5 m.
    (b) The PAR maximum is equal to the minimum PAR


    The Conseil supérieur de l' audiovisuel may later, if the development of the television networks requires it, substitute the specified channels for other channels. Receipt of equivalent quality.
    Encoding:
    The broadcast signals will have to comply with the provisions of the amended 24 December 2001 decree on terrestrial digital terrestrial television setting out the characteristics of the signals emitted. In particular, they will have to comply with the DVB-T standard, with MPEG-2 encoding. The broadcast signals will also have to respect the recommendations of the document specifying the signal profile for the implementation of digital terrestrial television, published by the Council on its website.
    Cover card:
    The map constituting an estimate of the current potential coverage of issuers can be downloaded from the website www.csa.fr, in the space reserved for the publication of this call, or available to the Board of Governors. Audiovisual, 39-43, quai André-Citroën, 75739 Paris Cedex 15.
    This map identifies the geographical areas receiving a sufficient signal level for the good reception of the service. Persons in these areas will receive the channel, if their receiving antenna is directed to the affected emitters. It should be recalled, however, that this map, made with optimum accuracy, is derived from a theoretical computer simulation. The reality on the ground may therefore vary from this theoretical estimate.


    A N N E X E I I
    CANDIDATURE RECORD MODEL
    I. -Project description


    Overview of the main features of the project.


    II. -Corporate candidate
    II-1.
    II-1.1 companies. Candidate Company (2)


    The following documents are communicated by the candidate:
    -for a company registered with RCS: extract K bis less than three months, or equivalent in the case of a company not established in France;
    -for A company not yet registered with the RCS: bank certificate of the existence of a blocked account.
    -the dated and signed statuses;
    -the list of executives;
    -the distribution of capital and its potential evolution. The candidate presents a cascading chart of the companies with stakes in the candidate company and shows the percentages of the holding and the percentages of voting rights in the capital of the candidate company;
    - Letters of commitment from all shareholders indicating the level of their participation in the corporation;
    -the distribution of shares and voting rights attached to them;
    -the shareholder pact, if any, or Declaration on the honour of the absence of such a pact. This declaration must be signed by each shareholder holding a share equal to or greater than 10 % of the capital or voting rights at the general meetings of the candidate company;
    -extract from the criminal record number 3 Director of the publication of the service, within the meaning ofArticle 93-2 of Law No. 82-652 of 29 July 1982.
    And, for the Existing companies:
    -the composition of the governing and administrative bodies;
    -the annual reports, balance sheets and results accounts for the last three years;
    -description of activities, investments and development projects In the communication, particularly in the audiovisual, press, cinema, advertising and internet sectors.


    II-1.2. Shareholders or partners who, without controlling the candidate company, hold directly
    a share equal to or greater than 10 % of the capital or voting rights to the general meetings of the latter


    For natural persons :
    -a specific identity of individuals, a description of their activities in the area of communication, and the interests they hold.
    For legal persons:
    -the composition of the capital, in particular in the form of a cascading organisation chart of companies with stakes in the candidate company and showing the percentages of holding and percentages of voting rights in the capital The candidate company;
    -the composition of the governing and administrative bodies;
    -annual reports, balance sheets and results accounts for the last three years;
    -description of activities and interests in the Communication, particularly in the audiovisual, press and cinema sectors, Advertising and the Internet.

    (2) The information requested from the candidate company must also be supplied by the person, company or group which would control it within the meaning of Article 41-3 (2 °) of the Act of 30 September 1986.



    II-2. Associations


    The following documents are provided by the candidate:
    -for an association that has been published in the Official Journal, dated and signed statutes, and a copy of the publication;
    -for an association that has not yet been published in the Official Journal, dated statutes and Signed and copy of the application for publication or, failing that, the receipt of the declaration or declaration of filing in the prefecture file;
    -list of officers, description of their activities in the area of communication And their own interests;
    -extract from bin 3 of the locker The director of the publication of the service, within the meaning ofArticle 93-2 of Law No. 82-652 of 29 July 1982 ;
    - Minutes of general meetings over the past three years;
    -annual reports, balance sheets and results accounts for the last three years;
    -description of activities, interests and development projects The association in communication, particularly in the sectors of Audiovisual, press, cinema, advertising and the Internet.


    II-3. The rules on nationality and concentration of media


    It is recalled that the constraints resulting from the application of the rules on nationality and media concentration apply to the legal entity Holder of an authorization and the persons who control it (2 ° of section 41-3 of the Act of September 30, 1986).


    II-3.1. Candidate Company


    The candidate company and, where applicable, the shareholders who control it must justify that they will not be, in the event of authorization, in situations prohibited by sections 39, 40, 41, 41-1-1 and 41-2-1 Of the Act of 30 September 1986, detailing their situation in relation to each of the criteria laid down by law. Otherwise, they must indicate what actions they intend to take to remedy the situation. Solutions should not have the effect of replacing a new application with the one that was originally submitted.


    II-3.2. Candidate association


    The candidate association must justify not, in the event of an authorization, in situations prohibited by sections 41, 41-1-1 and 41-2-1 of the Act of September 30, 1986, by detailing its situation In relation to each of the criteria laid down by law. Failing that, it must indicate what action it intends to take to remedy the situation. Solutions should not have the effect of substituting a new application for the one originally submitted.


    III. -Description of the service


    The candidate describes his service, taking into account the obligations laid down in Decree No. 2010-747 of 2 July 2010 relating to the Contribution to the production of cinematographic and audiovisual works by terrestrial terrestrial television services. It also takes into account the constituent elements of a convention as set out in Article 28 of the Act of 30 September 1986. In particular, it focuses on the extent to which the characteristics of its project meet the selection criteria set out in II.7. Of this appeal text.


    III-1. General characteristics of the
    III-1.1 project. General Service Overview


    a) The candidate must provide a weekly schedule of programs detailing the nature, genre, schedules, and duration of broadcast and rebroadcasting. In addition to the general description of the project, a description of the main issues envisaged is also included in the application package.
    b) Specify whether the service is already broadcast on other media other than TNT (cable, ADSL, satellite ...).


    III-1.2. Nature of service


    Specify whether the application is submitted for a full time or shared time (cf. Point I-2.6 " Full or shared time services " Call text).


    Shared Time
    Full Time


    Note. -If the applicant wishes to submit both a full time and a timeshare application, he must complete two applications.
    Specify the hours of service and, consequently, the daily volume
    If it is a shared time, optionally specify which candidate (s) or service (s) exist.


    III-1.3. General programming characteristics


    a) Local or regional programming:
    Paragraphs 2 and 3 of point I-2.3 of the call text: field information programs:
    " The publisher devotes at least one daily hour to information programs dealing only with the area in which the service is authorized.
    This time, whose first broadcast occurs exclusively in the area where the service is Authorized, is scheduled for the best hours of the hearing, for a minimum of thirty minutes. The Convention sets out the characteristics and schedules for broadcasting. "
    Specify the first broadcast schedules and the characteristics of the minimum daily (or more) time devoted to information programs dealing only with the area in which the service is authorized.
    Paragraphs 4 and 5 of the Point I-2.3 of the call text: local or regional programming:
    " This daily hour is complemented by local or regional programming which is devoted to subjects rooted in the social, economic, cultural and environmental life of the area in which the service is authorized, of its department, The boundary departments and the administrative region to which it belongs.
    This set (daily information program time and local or regional programming) is at least, each week, half of the airtime Service and is broadcast between 6 hours and midnight. "
    Specify the weekly hours of broadcast of local or regional programming: situate this programming in the provided programme grid (cf. 1st bullet of III-1.1." General Service Overview ") : broadcast and rebroadcast schedules/location in the program schedule/type of program.
    In the event that the applicant already has an authorization for a local terrestrial terrestrial television service, specify:
    -if the project resumes in its local or regional programming the broadcasts of another authorized local service as long as they meet the characteristics of paragraph 4 of point I-2.3 of the appeal text;
    -if so, the Emissions that are repeated, the amount of time the latter represent and their locations in the project program grid.
    Paragraph 6 of point I-2.3 of the text of the appeal: program delivery conditions for programming Local or regional:
    " The publisher must retain editorial independence in all circumstances. Therefore:
    -broadcast programs can only contain authorized service identification;
    -when programming schedules are imposed on the editor by one or more program providers, the programs provided (at The exception of the daily hours of information programme referred to in the first subparagraph and the local or regional programmes referred to in the third subparagraph shall not exceed 30 % of the air time of the service each week. "
    Specify whether, for local or regional programming, programs are provided with fixed schedules. If yes, attach past contracts to the Candidature File and specify the hourly volume.
    b) Other programs (excluding local or regional programming):
    Specify the broadcast schedule/location in the grid Programmes/type of programmes.
    Specify the weekly volume of programmes not covered by local or regional programming: to situate this programming in the provided programme grid (cf. 1st bullet of III-1.1 " General Service Overview ") : broadcast and rebroadcast schedules/location in the program schedule/type of programming.
    Specify the origin of programs not under local or regional programming.
    Specify if, for programs other than those Under local or regional programming, some are provided with fixed schedules. If yes, attach past contracts and specify the hourly volume.
    c) Distribution of programs by genre:



    POURCENTAGE PER REPORT TO VOLUME
    Weekly Broadcast

    Local
    or regional programming
    Non-local
    or regional
    Total

    Information:
    -TV and flashes
    -magazines




    Documentaries




    TV




    Youth Emissions




    Entertainment




    Sport:
    -
    magazines-sporting events rebroadcast




    Cinema




    Other issues:
    -advertising




    -download




    Other elements (interactivity, trailers, overview)




    Total



    100 %


    d) Other program data:
    Specify:
    -the language of the service and captioning;
    -if programs are released in version Original subtitled;
    -the share of programming accessible to persons who are deaf or hard of hearing as well as, possibly, persons with visual impairments;
    -measures put in place to promote the representation of diversity in the French company.


    III-1.4. Information


    a) Local news bulletins and flashes:
    Specify the daily volume and the number of editions of the news logs.
    Specify the daily volume and number of releases of the flashes
    b) Production facilities:
    Indicate whether there is a service-specific writing.
    Specify:
    -if the service uses an associated agency;
    -if there is an association, if any, with a press title;
    -the number of professional journalists;
    c) Provisions guaranteeing pluralism and, for a company, Independence of information from shareholders:
    Indicate whether there is a charter of independence.
    Specify whether the service has other devices in place.
    d) Ethic of the antenna:
    Existence of an ethics charter (definition of antenna guiding principles).
    Setting up an ethics committee.
    Relations with viewers.
    Presence of a mediator.


    III-1.5. Advertising, Sponsorship, Tele-shopping


    a) Advertising:
    Specify the average daily advertising time.
    Indicate whether the service uses local advertising. If yes, specify the percentage of local advertising considered in relation to total advertising.
    Detail the potential self-limiting commitments.
    b) Tele-shopping:
    Specify the schedules and broadcast frequencies
    Indicate whether the service uses an outside company.
    c) Sponsorship.


    III-1.6. Protection of the young public


    Detail the measures envisaged, such as the setting up of a visioning committee, to protect the young public.


    III-1.7. Proposed Collaboration with Territorial Communities


    Indicate whether or not collaborations are planned with local and regional authorities. If yes, specify the nature of this collaboration and provide, where appropriate, a copy of the contract or draft contract of objectives and means referred to in article L. 1426-1 of the general local authority code.


    III-2. Information on the distribution obligations
    and the production of cinematographic and audiovisual works


    The candidate specifies on the whole of the broadcasting time of the service the commitments in respect of production and Broadcasting of audiovisual and cinematographic works from the obligations set out in Decree n ° 2010-747 of 2 July 2010.


    III-2.1. Cinematographic Works


    a) Broadcasting:
    As a reminder, the modified I of Article 7 of Decree No. 90-66 of 17 January 1990 provides that the publishers of services Broadcasting of cinematographic works reserve, in the total annual number of films and replays of cinematographic works, at least 60 % for the dissemination of European works and 40 % for the dissemination of original works of expression
    These proportions must also be respected in the Hours of prime time, which are the hours between 20:30 and 22:30.
    b) Production:
    Question No. 1: what number of titles and releases and rebroadcasts of cinematographic works do you plan to schedule annually?


    Number of titles expected per year


    Number of broadcasts and replays planned per year



    It is specified inArticle 1 of Decree n ° 2010-747 of 2 July 2010 that the obligations relating to Contribution of broadcasters to the development of the production of works Cinematographic films shall not be applicable to those who broadcast a number of long-term films each year " Less than or equal to 52, without the total annual number of broadcasts and rebroadcasts of any nature of these works exceeds 104 ".
    If you are a service subject to the obligation to produce, it is recalled that the Href=" /viewTexteArticle.do?cidTexte=JORFTEXT000022423813&idArticle=JORFARTI000022423950 &categorieLien=cid"> Item 3 of Decree n ° 2010-747 of July 2, 2010, which determines the contribution of service publishers to production Cinema, fixed this obligation of at least 3.2 % (European works) and 2.5 % (works (French original expression: EOF) of the net sales of the previous year (3). These percentages can be achieved gradually each year over a seven-year period. The conventions will fix this ascent.
    Question #2: Do you want to have this supported?


    Yes
    No


    If yes, please complete the following table:



    1st YEAR
    2nd YEAR
    3rd YEAR
    4th YEAR
    5th YEAR
    6th YEAR
    6th YEAR
    7th YEAR

    European Works in % of CA (year N-1)








    3.2 %

    EOF works in % of CA (year N-1)








    2.5 %


    (3) For the determination of the basis of the obligations, are not taken into account the value added tax, the duly justified advertising control fee, the fee provided for in Article L. 115-6 of the code of cinema And the animated image as well as the share devoted to programming programming on A geographic area with a population of less than 10 million.


    III-2.2. Audiovisual Works


    The following questions concern only those services that broadcast audiovisual works within the meaning of article 4 of Decree No. 90-66 of 17 January 1990 : " Audiovisual works include broadcasts not covered by one of the following genres: long-term cinematographic works; newspapers and information programmes; varieties; games; non-fiction and non-fiction programmes On board; sports retransmissions; commercials; tele-shopping; self-promotion; teletext services. "
    Question 3: Do you plan to broadcast audiovisual works?


    Yes
    No


    If no, end of questionnaire.
    If yes, answer the following questions:
    a) Broadcasting:
    The 13 of Article 13 of Decree No. 90-66 of 17 January 1990 provides that the publishers of services in the Total annual time devoted to the dissemination of audiovisual works, at least 60 % to the dissemination of European works and 40 % to the dissemination of works of original French expression.
    Article 13 of the same decree offers the The possibility of reaching these broadcast quotas in two years, without the European works may be less than the 50 % threshold set by the Audiovisual Media Services Directive. This workload increase discussed with the board will be included in the service agreement.
    Question #4: Do you want to have this support?


    Yes
    No


    If yes, can you specify in the table Below the ascent you would like to discuss with the board?



    YEAR N
    YEAR N + 1
    YEAR N + 2

    European Works (50 % min.)



    60 %

    EOF Works



    40 %


    In addition, these proportions must be met on the set Of programming but also in prime time, fixed by 18 Hours at 23 p.m. and from 2 p.m. to 23 p.m. on Wednesday (Article 14 of the amended Decree No. 90-66 ).However, this same article offers the opportunity to discuss with the board specific prime time hours which take into account the nature of the programming of each service and which will be included in its convention.
    Question No. 5: Do you want specific listening hours?


    Yes
    No


    If yes, specify which:
    b) Production:
    The following questions apply only to services that broadcast at least 20 % audiovisual works in their total annual broadcast volume.



    EN HOURS
    EN % OF PROGRAMMING

    Annual volume of works released




    If the volume of audiovisual works represents less than 20 % of your time Distribution, end of questionnaire.
    If it represents more than 20 %, answer the questions Following:
    1. Fixing of the regime of the obligation
    General system:
    Article 9 of Decree No. 2010-747 of 2 July 2010 requires the Each year, publishers devote at least 15 % of the net annual turnover of the previous year (4) to expenditure contributing to the development of the production of European audiovisual works or of French original expression (EOF). This obligation is referred to in this questionnaire by the terms " Total obligation ".

    (4) For the purpose of determining the basis of the obligations, account shall not be taken in this turnover of the value added tax, the duly justified advertising control fee, and the fee provided for in Article L. 115-6 of the Code of Motion Picture and Animated Image and Article 302 bis KG of the General Tax Code, as well as the share devoted to programming programming in a geographical area with a population of less than 10 million.



    Within the overall production obligation, expenditures that contribute to the development of the production of heritage works (cf. Definition in Article 9, paragraph (6) represent at least 10.5 % of the net annual total resources of the previous year. This obligation is referred to in this questionnaire by the terms "
    Heritage regime:
    Where expenditures are entirely devoted to heritage works, the publisher's contribution amounts to 12.5 % of the net annual revenue of the previous year.
    Question N ° 6: Which plan do you want to benefit?


    Regime " General "
    System " Heritage "


    System " Musical " :
    Services that devote more than half of their broadcast time annually to live performances and videomusics, which must account for at least 40 % of the annual broadcasting time, Benefit from a reduced rate of production obligations (Article 9 of Decree n ° 2010-747 of 2 July 2010). These services must devote each year:
    -at least 8 % of their net annual turnover from the previous year to expenditure contributing to the development of the production of European audiovisual works or original expression French;
    -at least 7.5 % of their net annual turnover from the previous year to expenditure contributing to the development of the production of heritage works (within the meaning of Article 27 of the Act of 30 September 1986) European audiovisual or original French expression.
    Question No. 7: Do live performances and videomusics represent more than 50 % of your total annual programming?


    Yes
    No


    Question 8: Do videomusics represent more than 40 % of total annual programming?


    Yes
    No


    2. Supported
    Heritage Obligation:
    The second paragraph of Article 10 of Decree n ° 2010-747 of 2 July 2010 fixes the mounting in charge of the heritage obligation Taking into account the net annual turnover of the previous year. The share of expenditure devoted to the development of independent production is also fixed according to the net annual turnover (cf. Section 15 of the same order).
    Question n ° 9: Can you indicate your estimated revenue here?



    YEAR N
    YEAR N + 1
    YEAR N + 2

    Encrypt





    Global Obligation:
    Article 17 of Decree n ° 2010-747 of 2 July 2010 opens the possibility of a progressive increase of " The overall obligation " Of production over a period of up to seven years that is discussed with the board and which will be included in the agreement.
    Question No. 10: Do you wish to have this increase in charge? If so, how long? Please complete the following table:

    EN % OF CA
    (year N-1)
    1st YEAR
    2nd YEAR
    3rd YEAR
    4th YEAR
    5th YEAR
    6th YEAR
    6th YEAR
    8th YEAR

    Global obligation








    15 %
    or
    12.5 % (legacy system)
    or
    8 % (diet) Musical


    For the signatory services, for more than three years after the entry into force of the Decree n ° 2010-747 of 2 July 2010, Of an agreement under Article 33-1 of the Act of 30 September 1986, the proportions fixed by the increase in charge may not be less than the total expenditure recorded in the last three years reported on the annual turnover Cumulative net over the same period.
    Question No. 11: If your service is affected by this provision, please complete the following table:


    2007
    2008
    2009

    Net Annual Revenue




    Acquisitions of European Works
    (in thousands of euros)




    EOF Works
    (en Thousands of euros)





    3. Relations with audiovisual producers
    Article 14 of the same decree requires that the scope of the rights assigned by genre of audiovisual works be determined in the conventions. Taking into account agreements concluded between service publishers and professional organisations in the audiovisual industry ". As a result, you are invited to move closer to these organizations in order to negotiate the terms and conditions of transfer of rights. It will then be up to you to communicate this professional agreement to the Council so that these conditions are laid down in the Convention.
    This same article allows for the inclusion in the convention of specific arrangements and commitments when a Agreement was reached between the publisher and the professional organisations of the audiovisual industry. If you wish to benefit from some of the planned arrangements, you will also need to get closer to the professional organisations and communicate the agreements reached to the Council's services.
    4. Additional commitment
    Question No. 12: would you be prepared to devote part of your contribution obligations to the development of audiovisual production to the production of new works ("fresh production") : expenses referred to in the 1 °, 2 °, 4 ° of section 27)?


    Yes
    No


    If yes, what would be the proportion of these unpublished works (as a percentage of bond, global and heritage rates)? :


    III-3. Associated Data


    Specify the data associated with the television program, if any, to enrich it and complete it.


    III-4. Digital technology-specific features


    The candidate indicates the features offered by the digital technology that he plans to offer in the following areas:
    -broadcast technical format: 4/3 or 16/9, Its stereo, broadcast in multi-channel sounds;
    -a device intended to allow access to the programs of persons who are deaf or hard of hearing as well as, possibly, persons with visual impairments;
    -opportunities for multilingualism and Captioning.


    III-5. Business Plan


    The applicant submits the requested documents by distinguishing, on the one hand, financial information relating to the service and, on the other hand, financial information relating to all the activities carried out By the company or association.
    The following forecast documents are provided in euro, over five years:
    -annual profit account;
    -forecast and supporting funding plan for the funding displayed;
    -forecast annual balance sheets
    These different documents must be prepared in accordance with the French accounting standards And have a sufficiently precise level of segmentation. In particular, the profit forecast account must distinguish revenue from advertising, sponsorship, state aid and, where appropriate, teleshopelmaking and interactive services.
    As regards advertising resources, Potential sponsorship and tele-shopping: Specify the advertising market and catchment area assumptions on which the candidate's company or association bases its estimates of advertising revenue by incorporating the assumptions for the initialization of television Land digital in the area of appeal; potentially distinguish local advertising revenues from extralocal advertising revenues.
    As regards the possible support of local authorities: Indicate the nature, the terms and the amount, the supporting documents of the local authorities who would be required to contribute to the project funding; the applicant must ensure that the aid complies with the law Community aid for State aid (cf. Circular from the Prime Minister of 26 January 2006 on the application at local level of the Community competition rules on State aid to undertakings, OJ of 31 January 2006). The publisher transmits to the Board, where applicable, the documents that attest to this compliance.
    Operating expenses distinguish personnel costs, distribution costs, program purchases, and other expenses.
    Documents Are supplied both in paper form and in electronic form (spreadsheet file in Microsoft Excel format).
    It is recommended that the applicant rely on the illustrative examples of the tables provided below and detail the main Assumptions
    Candidates must demonstrate their own Ability to meet the funding needs associated with the proposed development plan. Each financing must be described accurately and justified, according to the source, by:
    -the letters of commitment of the companies making contributions in own funds (parent company, shareholders ...) accompanied by the financial statements of these companies (Activity reports for the last two years can be usefully provided);
    -Letters of commitment from financial institutions in the event of borrowing.


    III-5.1. Indicative form of tables to be provided


    The tables provided by the candidates are based on the indicative form below. They are presented in French and according to French accounting standards. They are detailed over a period of at least five years. The fiscal years end on December 31 of each year. They must be able to distinguish, where appropriate, what is the only terrestrial terrestrial television activity of the company or the candidate association of other activities.


    Forecast result accounts



    EN MILLIERS OF EUROS
    N (*)
    N + 1
    N + 2
    N + 3
    N + 4 Align="center">

    Revenue/Operating Products:
    -
    advertising and sponsorship-other






    Expenses Operation:
    -staff costs
    -distribution costs
    -program purchases
    -other charges (detailed)






    Depreciation and financial charges






    Depreciation and provisioning






    Expenses and Financial products






    Income before tax





    Tax and taxes






    Net result






    Self-financing capacity (net result + depreciation and provisioning)






    (*) N: First year of operation.


    Detailed Forecast Bilans



    EN MILLIERS OF EUROS
    N
    N + 1
    N + 2
    N + 3
    N + 4

    Assets






    Total active Raw immobilized






    Depreciation



    Align="center">


    Total Net Fixed Assets






    Operating assets






    Active Off Operating






    Treasury






    Total active






    Total active






    Equity and Social Capital






    Exercise Result






    Report Again




     


    Total Equity






    Allowances and loads






    Long Term Dettes (detail)






    Short-term (detail) Dettes






    Total debts




     


    Total liabilities







    Estimated Funding Plan



    EUROS MILLIERS
    N
    N + 1
    N + 2
    N + 3
    N + 4
    TOTALS

    Jobs :
    -investments
    -financial debt repayment:
    -long term
    -short term
    -need change in working capital







    Total Jobs







    Resources:
    -self-financing capability
    -capital injection
    -long-term debt:
    -intragroup borrowings
    -bank loans
    -credit providers
    -other (itemize)







    Total Resources







    Cash flow (job resources)







    Treasury at the beginning of the year







    End of year cash








    Forecast Investment Tables



    EN MILLIERS OF EUROS
    N
    N + 1
    N + 2
    N + 3
    N + 4




     

























































    Specify Duration


    III-6. Governance


    The candidate specifies the conditions under which the marketing of the service (advertising, sponsorship) will take place and the capital links between the service and the governance. It describes the activity of this governance and lists the audiovisual communication services or the newspapers owned by the print media whose governance ensures commercialization.


    III-7. Human Resources


    Specify the planned evolution of the workforce over five years.


    III-8. Technical Capacity


    The candidate is reminded that he must comply with the amended Order of November 21, 2001, which sets out the technical specifications applicable to the reception apparatus for digital television signals and to The amended Order of 24 December 2001 relating to terrestrial digital terrestrial television setting out the characteristics of the signals emitted.
    1. Technical means
    The candidate describes the technical means he intends to implement to ensure the operation of his service.
    In particular, he describes the projected dissemination costs, as he sees it.
    It presents Also the technical means it intends to implement to send its signal to the transmitter.
    2. Interactivity engine
    The candidate indicates, on the one hand, all the information, in particular the technical process, concerning the engine Of interactivity and, on the other, the ways in which it intends to To ensure that its service is compatible with other authorized services.
    3. Use of the
    radio resource The candidate specifies the bandwidth requirement for the broadcast of the relevant service (response expressed in hundreds of kilobits per second), detailing the distribution of the flow for the video, the sound And the associated data. It presents its proposals on the technical requirements for multiplexing.


    III-9. Operating the service


    The candidate specifies the time frames in which he can start the programs.


Done at Paris, June 26, 2012.


For the Conseil supérieur de l' audiovisuel:

The President,

M. Boyon


Downloading the document in RTF (weight < 1MB) Excerpt from Authenticated Electronic Journal (format: pdf, weight: 0.52 MB)