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 application of Act No. 86-1067 of 30 September 1986 and setting out general principles for the broadcast of film and audiovisual works for television publishers;
Vu le Decree No. 92-280 of 27 March 1992 modified for application articles 27 and 33 of Act No. 86-1067 of 30 September 1986 and establishing general principles defining the obligations of service publishers in advertising, sponsoring and tele-purchasing;
Vu le Decree No. 2010-747 of 2 July 2010 the contribution to the production of film and audiovisual works of terrestrial television services;
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;
Given the amended decision No. 2005-30 of 18 January 2005 authorizing the Network Management Corporation R 1 (GR 1) to use a radio resource for the multiplexing of the programs of terrestrial microwave television service publishers in digital mode of the R1 network;
In view of Decision No. 2012-496 of 12 June 2012 on a call for applications for the edition of private local television services broadcast in clear air by terrestrial air in the area of Nice, Menton, Saint-Raphaël, Cannes, Grasse and Mercantour;
Having regard to the amended deliberation of 25 July 2006 of the Conseil supérieur de l'audiovisuel relating to the setting of the rules for the sharing of radio resources for terrestrial microwave digital television multiplexes;
Considering the application for authorization submitted by Azur TV and the application file accompanying it;
Having regard to the agreement between the Audiovisual Council and Azur TV on 15 January 2013;
The company was heard in public hearing on 13 November 2012;
After deliberating it,
Decides:
The company Azur TV is authorized to use the frequencies and transmitters concerning it referred to in Decision No. 2005-30 referred to above, for the operation of a local private television service known as Azur TV, which is broadcast by terrestrial air, as specified in the agreement set out in the appendix to this authorization.
The board may subsequently, if required by the development of television networks, substitute for the channels indicated by other channels allowing for an equivalent quality reception.
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 amount of radio resources allocated to the service is determined by the above-mentioned deliberation of 25 July 2006. However, the publisher may contractually exchange with one or more service publishers present within the same multiplex, a portion of the resource assigned to it under the conditions provided for by the same deliberation.
The duration of the authorization is ten years from April 2, 2013.
If, within a period of six months from that date, the corporation has not commenced the effective operation of the service, the board may declare that authorization null and void.
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.
This decision will be notified to Azur TV and published in the Official Journal of the French Republic.
A N N E X E
CONVENTION AGAINST THE ASSISTANCE OF THE AUDIOVISUE TO THE NAME OF THE STATE, PARTY, AND THE AZUR TV SOCIETY, DENOMMED ACHIEVEMENTS, TO BE PARTY, CONCERNING THE AZUR TV TELEVISION 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 relating to freedom of communication, including respect for the dignity of the human person, the protection of childhood and adolescence, the pluralistic nature of the expression of currents of thought and opinion, the honesty of information, the quality and diversity of programs, the development of production and national film and audiovisual creation, the defence and illustration of the French language and culture.
On the basis of the provisions of sections 28 and 33-1 of this Act, the parties agreed on the following provisions.
PART I
OBJECT OF THE CONVENTION
AND PRESENTATION OF THE STOR
Article 1-1
Purpose of the convention
The purpose of this Agreement is to establish the specific rules applicable to the service known as AZUR TV as well as the powers that the Conseil supérieur de l'audiovisuel holds to ensure compliance with the publisher's obligations.
AZUR TV is a local television service broadcast by terrestrial microwave in digital mode in the area of Nice, Menton, Cannes, Grasse, Saint-Tropez, Saint-Raphaël, Draguignan, Antibes, Monaco and the National Park of Mercantour, in the Provence-Alpes-Côte d'Azur region.
This service is the subject of a full and simultaneous recovery by networks that do not use the frequencies assigned by the board.
The nature and duration of the service's programming are defined in 3-1-1.
Article 1-2
The editor
On the date of signing of this Agreement, the publisher is a simplified shares corporation with the capital of €5,000 known as AZUR TV, registered on January 7, 2013 in the Nice Trade and Corporate Register under number 790 322 291. Its head office is located 16, avenue Edouard-Grinda, in Nice (06200).
Figure in Appendix 1:
the amount and composition of the social capital and the distribution of the voting rights of the licensee;
the list of social agents;
― the name of the publication director, in the sense ofArticle 93-2 of Act No. 82-652 of 29 July 1982 modified on audiovisual communication.
A copy of the specific conventions of objectives and means concluded between society and local authorities, defining relations with the publisher of the service, is annexed to this Agreement.
The publisher shall inform the board as soon as possible of any changes to the data in this section.
PART II
GENERAL STIPULATIONS
I. ∙ DIFFUSION 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 regarding 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" adopted by the board.
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 amended Act of 30 September 1986, 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 III).
Article 2-1-2
Territorial coverage
The publisher ensures the distribution of its terrestrial microwave programs from all the emission sites for which it receives a frequency resource authorization.
Article 2-1-3
Conventions concluded with multiplex operator
The publisher shall communicate to the board, in confidence, the agreements 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. These stipulations 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. He strives to use French in the titles of his 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.
III. ― DeONTOLOGICAL OBLIGATIONS
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.
In assessing compliance with these stipulations, the board considers the type of program involved.
Article 2-3-1
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 council, and in particular in the deliberation No. 2009-60 of 21 July 2009 on the principle of political pluralism in radio and television services.
Journalists, presenters, facilitators or airlines ensure that they respect an honest presentation of the controversial issues and ensure the expression of the different points of view.
The publisher shall transmit to the request of the council, for each of the periods indicated by the council, the statement of the times of intervention of political, trade union and professional personalities.
Article 2-3-2
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 and to combat discrimination;
― to consider, in the representation on the air, the diversity of origins and cultures;
―to respect deliberation No. 2008-51 of 17 June 2008 of the Council on the exhibition of tobacco products, alcoholic beverages and illicit drugs on the radio and television services.
Article 2-3-3
Human rights
The publisher cannot conclude specific conventions that have the effect of impairing the dignity of the human person, even if the person concerned consents to it.
It shall not broadcast any programming that affects the dignity of the human person as defined by law and jurisprudence.
It respects the rights of the person to his or her privacy, image, honour and reputation as defined by law and jurisprudence.
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 treatment deviating the individual or reducing him to the rank of object;
- that the testimony of persons on facts relevant to their privacy be collected only with their informed consent;
―that the participation of non-professionals in programmes of tray, play or entertainment shall not be accompanied by any waiver on their part, irrevocably or for an indefinite period, of their fundamental rights, including the right to image, the right to privacy and the right to appeal in the event of injury.
It demonstrates a measure when it distributes information or images concerning a victim or a person at risk or distress.
Article 2-3-4
Rights of participants in certain emissions
In its programming, including games and entertainment, the publisher undertakes not to overemphasize the spirit of exclusion, nor to encourage defamatory or abusive comments against the participants.
Article 2-3-5
Stakeholder rights on the air
Those on the air are informed of the title 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 2-3-6
Testimony of minors
The publisher respects the proceedings taken by the board to ensure the protection of minors against the dangers that their participation in a television program can pose, including the deliberation of April 17, 2007 on the intervention of minors in television programs broadcast in metropolis and overseas departments.
Article 2-3-7
Honesty of information and programs
The honesty requirement applies to all programs.
The publisher ensures that there is no confusion between information and entertainment.
For political and general news broadcasts, he calls on journalists.
It checks the appropriateness and sources of each information. To the extent possible, the origin of the latter must be indicated. Uncertain information is presented to the conditional.
It is rigorous in the presentation and processing of information.
It ensures the adequacy between the context in which images were collected and the subject they illustrate. Any use of archive images is announced by an inlay on the screen, possibly repeated. 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 images or words 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 information requirements. It must be restricted to cases where it allows for information difficult to collect otherwise. It must be brought 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 2-3-8
Independence of information
The publisher ensures that political and general information programming is carried out under conditions that guarantee the independence of information, in particular with respect to the interests of its shareholders. It shall bring to the attention of the board the provisions it implements for this purpose.
When it presents, apart from advertising screens, audio-visual communication services editing or distribution activities developed by a legal entity with which it has significant links, it focuses, in particular, on the moderation of tone and the extent to which the presentation is of a strictly informative character. On this occasion, he informs the public of the nature of these links.
Article 2-3-9
Judicial proceedings
With respect to 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 given to respect for privacy, the anonymity of juvenile offenders and respect for the presumption of innocence.
In the presentation of court decisions, the publisher ensures that they are not commented under conditions that would 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 2-3-10
Information of producers
The publisher informs the producers, on the occasion of the agreements it concludes with them, of the provisions of the articles of the convention which are contained in the "Social Obligations" section, with a view to ensuring their respect.
Article 2-3-11
Establishment of a committee
A committee composed of independent personalities is formed with the publisher to oversee all the programs of the service and ensure respect for the principle of pluralism. The composition of this committee is set out in Appendix 2. The Board is kept informed of any changes to this composition.
The committee prepares a semi-annual report. It can be consulted at any time by the publisher. The board may seek its opinion.
IV. ∙ PROTECTION OF ENFANCE AND ADOLESCENCE
Article 2-4
Program signals and classification
The publisher undertakes to respect the Recommendation No. 2005-5 of 7 June 2005 Council to television service publishers concerning youth and program classification.
Category V programs, i.e. film works that are prohibited to minors aged 18 years and pornographic or very large violence programs reserved for an informed adult public and likely to impair the physical, mental or moral development of minors aged 18, are subject to a total ban on dissemination.
PART III
SPECIAL STIPULATIONS
I. ― PROGRAMMES
Article 3-1-1
Programming
AZUR TV is a full-time local television service broadcast from 6:30 a.m. to 1:30 a.m.
The publisher devotes at least one day-to-day information programs dealing only with the area in which the service is authorized while ensuring a balanced distribution of the volume of information broadcast between the different sectors of this area Saint-Tropez, Draguignan, Saint-Raphaël, Cannes, Grasse, Antibes, Nice, Monaco, Menton and the Mercantour National Park.
This time, the first broadcast of which takes place exclusively in the area where the service is authorized, is scheduled between 6:30 p.m. and 9 p.m.
This day-to-day hour is complemented by local or regional programming that is devoted to subjects rooted in the social, economic, cultural and environmental life of the area in which the service is authorized, its department, neighbouring departments and the administrative region to which it belongs.
This set (the day-to-day information program time and local or regional programming) represents at least half of the service's antenna time each week and is broadcast between 6 a.m. and midnight.
The publisher must maintain its editorial independence in all circumstances. Therefore:
― programs broadcast may only include identification of authorized service;
where programming times are imposed on the publisher by one or more program providers, the programs provided (with the exception of the day-to-day information schedule referred to in the first paragraph and the local or regional programs referred to in the third paragraph) may not exceed 30% of the service's antenna time.
A program schedule is set out in Appendix 3.
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 programming is under the responsibility of the publication director who is subject to provisions of articles 6, 93-2 and 93-3 of Act No. 82-652 of 29 July 1982.
They must be the subject of contracts that the publisher communicates to the board in the month following the signature, accompanying them with the rates that he has set if these programs are paid.
They 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 adheres to the recommendation of the council of 4 January 2007 on the financing of television programming by local authorities.
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. It informs the Board, in its compliance report, of the efforts made each year.
Article 3-1-5
Advertising
Advertising messages are inserted under the conditions set out in section 73 of the Act of 30 September 1986 and Decree No. 92-280 of 27 March 1992 establishing general principles defining the obligations of service publishers in advertising, sponsoring and telepurchasing.
The time spent on advertising messages does not exceed twelve minutes for a given clock hour.
The publisher ensures a clear identification of advertising screens in youth programming. To this end, it uses, for all of these programs, advertising screen generics of a minimum duration of four seconds, composed of sound and visual elements allowing the young audience to easily identify them.
The publisher respects the deliberation No. 2011-29 of 19 July 2011 the board on the technical characteristics of the sound intensity of television programs and commercial messages.
Article 3-1-6
Sponsorship
In accordance with the provisions of Decree No. 92-280 of 27 March 1992, sponsored television programming must be clearly identified as such at the beginning or end of the program. In the course of these programs and in their trailers, the mention of the sponsor is only possible to the extent that it remains ad hoc and discreet.
In youth programming, this sponsorship reminder must be of a modest size and be marked not exceeding five seconds and separated from each other by a reasonable time.
In order to avoid confusion in the minds of young viewers, the publisher ensures that there is no interference between the name of the sponsor or one of his brands and that of a youth program or element of it.
Article 3-1-7
TV, voyance, games of money and chance
The publisher shall comply with the provisions relating to tele-purchase programming set by the Decree No. 92-280 of 27 March 1992 Amending the general principles defining the obligations of service publishers in advertising, sponsoring and telepurchasing.
If the same property or service is presented both in a tele-purchase program and in a commercial message, a period of at least twenty minutes must be between the end of the advertising screen and the beginning of the tele-purchase program and vice versa.
The publisher does not broadcast voyance or games of money and chance.
Article 3-1-8
Product placement
The publisher respects the Board's deliberation of February 16, 2010 on the placement of product in television services programs.
Article 3-1-9
Commercial communications
an operator of games of money and chance
The publisher respects the deliberation of the board on the terms and conditions of broadcasting, by television and radio services, commercial communications in favour of a legally authorized gambling and accident operator.
II. ― DIFFUSION AND PRODUCTION OF AUDIOVISUELLES
Article 3-2-1
Dissemination of audiovisual works
In accordance with provisions of Article 13 of Decree No. 90-66 of 17 January 1990 On the broadcast of film and audiovisual works on television, the publisher reserves, in the total of the annual time devoted to the broadcast of audiovisual works, at least 60% to the broadcast of European works and 40% to the broadcast of French original works of expression, within the meaning of articles 4, 5 and 6 of the same decree.
In accordance with the provisions of Article 14 of the same decree, these proportions must also be respected at high-hearing times. These hours are those of the effective dissemination of the service.
Article 3-2-2
Production of audiovisual works
The publisher does not reserve more than 20% of the service's broadcast time annually to audiovisual works. As such, it is not subject to the obligations provided by the Decree No. 2010-747 of 2 July 2010 relating to the contribution to the production of film and audiovisual works of terrestrial television services.
If the publisher reserves more than 20% of the service's broadcast time annually to audio-visual works, then the contribution obligations to the development of audio-visual production are applicable and an advent is concluded to provide for these obligations in accordance with the same 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.
It undertakes to ensure that the contracts it enters for the acquisition of broadcasting rights, accompanied, if any, by co-production shares, include a list of the materials and operating modes, a quantification of the acquired rights, the number of passages, their duration of detention and the territories concerned. This commitment does not relate to contracts to acquire videomusic rights.
III. ― DIFFUSION AND PRODUCTION OF CINEMATOGRAPHIC WORK
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, 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. These hours are between 20:30 and 22:30.
Article 3-3-2
Quantum and distribution grid
The publisher has chosen to broadcast a number of different long-term cinema works less than or equal to 52, without the total annual number of broadcasts and rebroadcasts of any nature of these works exceeding 104.
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 relating to the contribution of broadcasters to the development of film production.
Article 3-3-5
Presentation of film news
If the publisher presents the news of the cinematographic works that have been released in the classroom in the news, he agrees that this presentation will be diversified.
IV. ― ASSOCIATED DATA
Article 3-4-1
Definition of associated data
Constitute data associated with data intended to enrich and supplement the main program of the television service, as defined in section 2 of the Act of 30 September 1986.
The publisher of the television service 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
Section 2-2-2 relating to the use of the French language in television programs applies to associated data.
The publisher respects, for associated data, French intellectual property legislation.
Article 3-4-3
Ethics requirements
With the exception of sections 2-3-1 and 2-3-11, the provisions of the convention relating to ethical obligations apply to the associated data.
In these data, the publisher ensures equity in the pluralistic expression of currents of thought and opinion.
Article 3-4
Protection of young people
The publisher classifies the associated data according to the five program categories set out in the Board's recommendation to television service publishers regarding youth signage and program classification.
These data are proposed along with the pictogram corresponding to their category.
The publisher may not propose data associated with other categories other than those for which the television service is authorized.
During the broadcast of youth programs, or close to them, the publisher ensures that minors are not encouraged to consult associated data that may affect their sensitivity.
Advertising messages or sponsorship sequences for content reserved or intended for adults are not available until midnight and after five o'clock in the morning.
Article 3-4-5
Trade communication
The commercial communication within the associated data must comply with the requirements of truth, decency and respect for the dignity of the human person. It can't affect the state's credit.
It must be free from discrimination because of race, sex or nationality, any scene of violence and any incitement to conduct that is harmful to the health, safety of persons and property or the protection of the environment.
It should not contain any elements of a nature to shock religious, philosophical or political convictions.
It must be designed in accordance with the interests of consumers and should not cause moral or physical harm to minors.
It must be easily identifiable as such.
Article 3-4-6
Commercial communications
an operator of games of money and chance
The dissemination of associated data taking the form of commercial communications in favor of game operators, in the sense ofArticle 7 of Law No. 2010-476 of 12 May 2010, is prohibited during the broadcast of programs presented as directed to minors as well as during the thirty minutes preceding and following the broadcast of these programs.
Article 3-4-7
Use of radio resources by associated data
The dissemination of data associated by terrestrial hertzian channel takes place on the radio resource attributed to the television service that they enrich and complement.
The use of this resource is carried out in accordance with the rules established by the Board. In particular, it should not have the effect of causing a noticeable decrease by the viewer of the quality of the main program.
Article 3-4-8
Contractual penalties
Sections 4-2-1 to 4-2-4 apply to associated data.
Article 3-4-9
Amendment
The stipulations in sections 3-4-1 to 3-4-8 apply until December 31, 2013. Six months prior to this deadline, the publisher provides an assessment of the dissemination of associated data.
PART IV
CONTROL AND CONTRACTUAL PENALITIES
I. - CONTROL
Article 4-1-1
Changes in ownership and management bodies
The publisher shall immediately inform the board of any changes in the amount of the social capital as well as 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 Commission shall inform the Council, 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 licensee 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, it shall inform the publisher as soon as possible.
For the purposes of section 40 of the Act of 30 September 1986, the publisher semi-annually provides 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 Euroclear France statements from the various companies concerned.
The stipulations provided for in this section 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 board within one month of their signature, the contracts of objectives and means passed under section L. 1426-1 of the code CGCT with local or territorial authorities.
The publisher shall forward to the board, within six months of the closing of each fiscal year, its balance sheet, its result account and the schedule and its management report, as provided for in theArticle L. 232-1 of the Commercial Code.
It 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 Commission shall, at its request, communicate to the Board the annual balance sheets and reports of each of the shareholders holding at least 5% of its capital on their own behalf.
For information, the Commission shall communicate, in the context of the annual report provided for in section 4-1-4 of this Agreement or to the express request of the Board, in addition to the table of subsidiaries and participations, the characteristics published on the activity of subsidiary or sub-partial 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.
Article 4-1-3
Programme oversight
The publisher shall communicate its pre-programs to the board within a reasonable period of time prior to their release.
It retains at least four weeks a recording of the broadcasts and the conductors of the corresponding programmes. The board may request these elements within the same time, on a medium that defines the characteristics. In addition, the publisher shall make the necessary arrangements for the preservation of documents that may give rise to a right of reply as provided for in the orderArticle 6 of Act No. 82-652 of 29 July 1982.
Article 4-1-4
Information on compliance
Pursuant to the provisions of section 19 of the Act of 30 September 1986, the publisher shall transmit to the board all the information that the board considers necessary to ensure that the publisher complies with its legal and regulatory obligations as well as those resulting from this Agreement.
The communication of data is carried out according to the standards and procedures defined by the board, after consultation with all publishers.
The publisher shall, at its request and in confidence, provide information on the cost and financing of programs other than film and audiovisual works.
He shall transmit to the board, at his request and in confidence, the hearing studies he conducts.
The Commission 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.
It provides the Council with information to ensure compliance with articles 16 and 17 of Directive 2010/13/EU of 10 March 2010, known as "Audiovisual Media Services".
Article 4-1-5
Resuming programs from another service
The publisher shall communicate to the board, within eight days of their conclusion, all agreements reached for the total or partial resumption of the programs of another television service
II. - CONTRACTUAL PENALITIES
Article 4-2-1
Continuation
The board may retain the publisher to respect the stipulations contained in the agreement and in any amendments that may be annexed to it. It makes public this stance.
Article 4-2-2
Sanctions
The board may, if the publisher does not comply with the stipulations, taking into account the seriousness of the breach, impose one of the following sanctions:
1° A monetary penalty, under the conditions provided for in section 42-2 of the Act of 30 September 1986;
2° Suspension for up to one month of the publication, distribution or distribution of the service, a program category, part of the program or one or more ad sequences;
3° The reduction in the duration of the permission to use frequencies within one year.
In the event of a further violation of the provisions of this Agreement that gave rise to a sanction, the board may impose a monetary penalty, the amount of which may not exceed the limit set in the event of a recidivism under section 42-2 of the Act of 30 September 1986.
Article 4-2-3
Insertion of a communiqué
In the case of failure to comply with the provisions of this Agreement, the board may order the insertion in the programs of the publisher of a communiqué of which it sets the terms and conditions, as 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 shall be imposed by the board in accordance with the guarantees set out in sections 42 et seq. of the amended Act of 30 September 1986.
PART II
FINAL STIPULATIONS
Article 5-1
Amendment
No stipulation of this Agreement may preclude the applicable legislative and regulatory provisions from being 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 also be amended by mutual agreement between the publisher and the board.
Article 5-2
Communication
This Agreement is an administrative document to which any person may request a copy to the Board, pursuant to Act No. 78-753 of 17 July 1978 carrying out various measures to improve the relationship between administration and the public and various administrative, social and fiscal provisions.
Made in Paris, in two original copies, January 15, 2013.
For the editor:
The president of the company,
H. Raynaud
For the Conseil supérieur de l'audiovisuel :
The president,
Mr. Boyon
Annex 1
Amount and composition of capital and distribution of voting rights of society
I. ∙ Amount and composition of social capital and distribution of voting rights of AZUR TV:
| Fabrice Giusto | 1 250 € | 25 per cent | 25 per cent |
| Hervé Raynaud | 1 250 € | 25 per cent | 25 per cent |
| Michel Giuliani | 1 250 € | 25 per cent | 25 per cent |
| Philippe Codet | 1 250 € | 25 per cent | 25 per cent |
Annex 2
Composition of the committee composed of independent personalities formed by the publisher
in order to oversee all the programs of the chain and to ensure respect for the principle of pluralism
Philippe TALLOIS, past president of the Union des club de la presse de France.
Father Patrick KEPPEL, episcopal delegate to the communication of the Principality of Monaco.
Jean-Pierre GALVEZ, President of the Alps-Maritimes Chamber of Crafts and Crafts.
Bernard FLEURY, winemaker, Chairman of the Board of Directors of the Banque populaire de la Côte d'Azur.
Me Lionel ESCOFFIER, designated sticker of the Draguignan bar.
A member appointed by the presidency of the University of Sophia-Antipolis.
Didier Van Cauwelaert, writer.
Annex 3
Programme grids
This appendix is available to the Conseil supérieur de l'audiovisuel.
Done in Paris, January 15, 2013.
For the Conseil supérieur de l'audiovisuel :
The president,
Mr. Boyon
