Key Benefits:
On Conseil supérieur de l' audiovisuel,
Vu la Law n ° 86-1067 of September 30, 1986 on freedom of communication, in particular Articles 25, 28 and 30-1;
Seen decree n ° 90-66 of 17 January 1990 modified for the application of Act No. 86-1067 of 30 September 1986 and laying down general principles concerning the dissemination of cinematographic works and Audiovisual for television publishers;
Seen Decree No. 92-280 of 27 March 1992 modified for the application of sections 27 and 33 of Law No. 86-1067 of September 30, 1986 and laying down general principles defining obligations Publishers of advertising, sponsorship and tele-shopping services;
In view of the Decree n ° 2010-747 of 2 July 2010 on the contribution to the production of cinematographic and audiovisual works of television services broadcast by Terrestrial radio channel;
In view of the decree of 24 December 2001 on terrestrial digital terrestrial television setting out the characteristics of the signals emitted and the order of 27 December 2001 concerning the characteristics of reception facilities Terrestrial digital terrestrial broadcast services ;
In light of Decision No. 2005-30 of January 18, 2005, as amended authorizing the Société de gestion du réseau R 1 (GR 1) to use a radio resource for the multiplexing of television service publishers' programs Land in digital mode of the R 1 network;
In view of Decision No. 2012-533 of 24 July 2012 on a call for applications for the edition of local private television services broadcast in clear by terrestrial terrestrial television in the Alençon area;
As of July 25, 2006, as amended from the Board of Governors of Audiovisual media relating to the fixation of the rules for the sharing of radio resources for terrestrial digital terrestrial television multiplexes;
Due to the application for authorisation presented on 24 September 2012 by Cap Caen and the Accompanying application file;
Given the agreement between the Audiovisual Council and Cap Caen on 15 July 2009, as amended in particular by the avenant n ° 3 of 15 January 2013;
The company having been heard in Public hearing on November 20, 2012;
After deliberation,
Decides:
Cap Caen is authorized to use the frequencies and transmitters concerned, referred to in Decision No. 2005-30 referred to above, for the purpose of broadcasting the Normandy TV Orne programme, broadcast in clear by terrestrial radio, in accordance with the conditions laid down in the Convention, in particular those of Amendment No. 3 set out in the Annex to this
. Later, if the development of the television networks requires it, to substitute the specified channels of other channels for receiving equivalent quality.
The service is broadcast in a standard format and not in a high format Definition within the meaning of the aforementioned decree of 24 December 2001. The share of the radio resource allocated to the service shall be fixed by the discharge of 25 July 2006. However, the editor can exchange contractually with one or more service editors, present within the same multiplex, a portion of the resource assigned to it under the conditions of the same release.
The frequencies mentioned in Decision 2005-30 above for the operation of the Normandy TV Orne programme are allocated to On April 2, 2013.
If, within six months from that date, the Company has not started broadcasting the program, the Board may declare this authorization lapsed.
The term The authorisation to use the radio resource for the operation of the Normandy TV Orne programme is set at 1 September 2019.
Radio resource is shared with others Audiovisual communication services.
It is intended to transmit the necessary binary flows for the video component and the sound components of each program, the associated data, the service information, the information Relating to the current and subsequent events (including cross-multiplexing), the information necessary for access control systems, and the flow of download or update of the receiving terminals.
This decision will be notified to Cap Caen and published in the Official Journal of the French Republic.
A N N E X E
AVENANT N ° 3 TO THE CONVENTION CONCLUE ON 15 JULY 2009 BETWEEN THE SENIOR AUDIOVISUAL COUNCIL ON BEHALF OF THE STATE, A PART, AND THE CAP CAEN SOCIETY, OTHER PART
Between the Supreme Audiovisual Council acting on behalf of the State and Cap Caen, it was agreed as follows:
Article 1
The second paragraph of Article 1 (1) (purpose of the Convention) of the above-mentioned Convention of 15 July 2009 is replaced by the following stipulations:
" Normandie TV is a local terrestrial television service broadcast by terrestrial radio and composed of three programs named Normandy TV in the Caen area, Normandy TV Cotentin in the Cherbourg area and Normandy TV Orne in the area of Alençon. "
Article 2
Section 1-2 (editor) of the same convention is thus modified:
I.-In the first paragraph of Article 1-2, the words:" On the date of signature of this Agreement " Are replaced by the words: " On the date of signature of the Amendment No 1 ".
II. -Before the last paragraph, a new paragraph shall be inserted as follows:
" The copy of the specific conventions of objectives and means concluded between the company and the territorial authorities defining the relations between the publisher of the service shall be annexed, where appropriate, to this Convention. "
Article 3
The second paragraph of Article 2-1-1 (resource usage rules) of the same convention is replaced by the following stipulations:
" The characteristics of the signals broadcast by the publisher are in conformity with the regulations in force (Decree of 24 December 2001 on terrestrial digital terrestrial television setting out the characteristics of the signals emitted) and the document Establishing " the services and the signage profile for the broadcasting of digital terrestrial television adopted by the Board. "
Article 4
In article 2-1-2 (territorial coverage) of the same convention, the words:" In numeric mode " Are deleted.
Article 5
Article 2-3-3 (public life) of the same convention is thus amended:
I.-The fifth paragraph is supplemented by the following words: " And to combat discrimination; "
II. -Added a new paragraph as follows:
" -to respect Council deliberation n ° 2008-51 of 17 June 2008 concerning the exposure of tobacco products, alcoholic beverages and illicit drugs to the broadcasting and television services. "
Article 6
Article 3-1-1 (Programming) of the same Agreement is replaced by the following stipulations:
" Normandy TV is a full-time local television service, broadcast 24 hours a day.
" The publisher shall devote at least 50 % of the weekly total volume of broadcasting time to broadcasts whose subject is anchored in the social, economic and cultural reality of the geographical areas in which the service is authorized.
" For Normandy TV and Normandy TV Cotentin, the first broadcast, in this volume of 50 %, represents a volume of 16 hours 48 per week comprising, for Normandy TV Cotentin, a specific stall of a weekly duration of 8 Hours.
" For Normandy TV Orne, this volume of 50 % contains a specific daily drop-out of an hour, broadcast in two half-hour sequences dedicated to information programs dealing only with the area of Alençon and whose first broadcast Is held exclusively in this field. These sequences are broadcast between 7 hours and 8 hours and between 19 hours and 20 hours.
" A grid for each of the three programmes composing the service is shown in Annex 3.
" 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 publisher by one or more program providers, the programs provided may not exceed 30 % of the service's airtime. This stipulation shall not apply to the programmes referred to in the third, fourth and fifth paragraphs. "
Article 7
The third paragraph of Article 3-1-2 (institutional communication) is replaced by the following stipulations:
" Such broadcasts shall be the subject of contracts which the publisher shall communicate to the Council within one month of their signature, together with the tariffs fixed by the publisher if such broadcasts give rise to remuneration. "
Article 8
Article 3-1-5 (advertisement) of the same Convention is thus amended:
I.-After the first subparagraph, a new paragraph is inserted as follows:
" The time devoted to the broadcast of advertising messages shall not exceed twelve minutes for a given clock hour. "
II. -The last paragraph is replaced by the following stipulations:
" The publisher respects the Council's deliberation n ° 2011-29 of 19 July 2011 on the technical characteristics of the sound intensity of programmes and messages Television commercials. "
Article 9
Article 3-1-6 (sponsorship) of the same convention is supplemented by the following stipulations:
" In youth programming, this sponsorship reminder must be of a modest size and be subject to statements not exceeding five seconds and separated from each other for a reasonable period of 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 its brands and that of a youth programme or element thereof. "
Article 10
Article 3-1-7 (Telemarketing) of the same Agreement is replaced by the following stipulations:
" Article 3-1-7: teleshopal, voyance, gambling and gambling
" The publisher shall comply with the teleshopal emission provisions laid down by the amended Decree No 92-280 of 27 March 1992 laying down the general principles defining the Service publishers' obligations with respect to advertising, sponsorship and tele-shopping.
" If the same property or service is presented both in a tele-purchase program and in an advertising message, a period of at least twenty minutes must elapse between the end of the advertising screen and the start of the teleshoping program. Vice versa.
" The publisher does not broadcast a show devoted to voyance or gambling and gambling. "
Article 11
In the first paragraph of Article 3-2-1 (broadcast of audiovisual works) of the same convention, the words:" For each of the two programs " Are replaced by: " For each of the three programs ".
Article 12
Article 3-2-2 (production of audiovisual works) of the same convention is replaced by the following stipulations:
" The publisher does not reserve over 20 % of the broadcasting time of the service to audiovisual works on an annual basis. As such, it is not subject to the obligations laid down in the Decree n ° 2010-747 of 2 July 2010 concerning the contribution to the production of cinematographic works and Television broadcasting of terrestrial television services.
" If it reserves yearly more than 20 % of the broadcasting time of the service to audiovisual works, the obligations to contribute to the development of the audiovisual production shall then be applicable and an amendment shall be concluded in order to provide for these Obligations in accordance with the same decree. "
Article 13
The second paragraph of Article 3-2-3 (relations with producers) of the same convention reads as follows:
" It undertakes to ensure that the contracts it concludes with a view to the acquisition of broadcasting rights, accompanied where appropriate by co-production shares, include a list of the media and modes of exploitation concerned, an encryption of acquired rights, the Number of passages, their length of detention and the territories concerned. This commitment does not cover contracts for the acquisition of videomusic rights. "
Article 14
In the first paragraph of Article 3-3-1 (quotas of European cinematographic works and French original expression), the words:" For each of the two programs ", are replaced by:" For each of the three programs ".
Article 15
Article 3-3-2 (quantum and diffusion grid) of the same convention is replaced by the following stipulations:
" The publisher has chosen to broadcast a number of different long-term cinematographic works each year less than or equal to 52, without the total annual number of broadcasts and broadcasts of any nature exceeding 104.
" The conditions for the distribution of long-term cinematographic works shall be fixed in accordance with the provisions of 10 Order No. 90-66 dated January 17, 1990. "
Article 16
Section 3-3-4 (production of cinematographic works) is replaced by the following stipulations:
" The publisher shall not be subject to the investment obligations in the production of cinematographic works provided for in Decree No. 2010-416 of 27 April 2010. "
Article 17
In the title of Article 3-3-5 (pluralistic presentation of cinematographic news) of the same convention, the word: " Pluralistic " Is deleted and in the text, the words: " Pluralistic and " Are deleted.
Article 18
The IV (related data) of Part Three (specific stipulations) is thus written:
" IV. -Related data
" Article 3-4-1: definition of associated data
" The data are associated with the data which are intended to enrich and supplement the main programme of the television service, within the meaning of Article 2 of the Act of 30 September 1986
The television publisher has editorial responsibility for the associated data.
" They are subject to the provisions of Articles 3-4-2 to 3-4-8.
" Article 3-4-2: French Language and Respect for Intellectual Property
" Article 2-2-2, relating to the use of the French language in television service programs, applies to associated data.
" The publisher respects French intellectual property law for related data.
" Article 3-4-3: Ethics obligations
" With the exception of Articles 2-3-2 and 2-3-11, the provisions of the Convention relating to ethical obligations shall apply to the associated
. In this data, the publisher ensures fairness in the pluralistic expression of currents of thought and opinion.
" Article 3-4-4: Protection of young public
" The publisher classies the associated data according to the five categories of programs provided for by the recommendation of the Board to the television service publishers concerning the youth signage and the classification of programs.
" These data are proposed with the pictogram corresponding to their category.
" The editor is unable to provide any associated data belonging to categories other than those for which the TV service is allowed.
" During the dissemination of youth programmes, or in the vicinity of youth, the publisher ensures that minors are not encouraged to consult associated data that might conflict with their sensitivity.
" Advertisements or sponsorship sequences in favour of content reserved or intended for adults are not proposed before midnight and after five in the morning.
" Article 3-4-5: commercial communication
" The commercial communication within the associated data must comply with the requirements of truthfulness, decency and respect for the dignity of the human person. It cannot affect the credit of the state.
" It must be free from discrimination on the grounds of race, sex or nationality, any scene of violence and any incitement to conduct prejudicial to the health, safety and security of persons and property, or Protecting the environment.
" It shall not contain any element which may offend religious, philosophical or political beliefs.
" It must be designed in accordance with the interests of consumers and must not cause moral or physical harm to
. It must be easily identifiable as such.
" Article 3-4-6: Commercial communications in favour of a gambling and gambling operator
" The dissemination of associated data in the form of commercial communications in favour of game operators, within the meaningArticle 7 of the Law n ° 2010-476 of 12 May 2010, is prohibited during the broadcasting of programmes submitted to minors and during the thirty minutes preceding and following the distribution of these
. Article 3-4-7: Use of the radio resource by associated data
" The broadcast of associated terrestrial terrestrial data takes place on the radio resource allocated to the television service that they enrich and complement.
" The use of this resource shall be carried out in accordance with the rules laid down by the Council. In particular, it shall not have the effect of causing a perceptible decrease in the quality of the main programme by the viewer.
" Article 3-4-8: Contractual penalties
" Items 4-2-1 to 4-2-4 apply to the associated data.
" Item 3-4-9: Modification
" The stipulations in sections 3-4-1 to 3-4-8 apply until December 31, 2013. Six months before this deadline, the publisher takes stock of the dissemination of the associated data. "
Article 19
At the beginning of Article 4-1-2 (economic information) of the same Convention, a new paragraph shall be inserted as follows:
" The publisher shall forward to the Council within one month of their signature the contracts of objectives and means passed under Article L. 1426-1 of the CGCT code with the Territorial communities. "
Article 20
In the second paragraph of article 4-1-3 (program control) of the same convention, the words:" Three weeks " Are replaced by the words: " Four weeks ".
Article 21
Article 4-1-4 (compliance information) of the same convention is thus amended:
I.-In the eighth paragraph, the words:" The programmes common to the areas of Caen and Cherbourg and the specific programmes in the Cherbourg area " Are replaced by the words: " The programs common to the Caen areas of Cherbourg and Alençon and the programs specific to the areas of Cherbourg and Alençon
-Added a new paragraph as follows:
" It shall provide the Council with information enabling it to ensure compliance with Articles 16 and 17 of Directive 2010 /13/EU of 10 March 2010." Audiovisual media services "
Article 22
The annex to the present amendment to the Alençon zone.
Done at Paris, in two originals, on January 15, 2013.
For the Cap Caen company:
The president,
W. De Stoppeleire
For the Conseil supérieur de l' audiovisuel:
The President,
M. Boyon
Appendix
Appendix III is completed as follows:
" Programming grid searchable at the Conseil supérieur de l' audiovisuel.
Done at Paris, January 15, 2013.
For the Conseil supérieur de l' audiovisuel:
The President,
M. Boyon
