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Decision No. 2013-468 June 26, 2013 On A Call For Nominations For The Edition Of A Private Service Local Vocation In High-Definition Television Broadcast Unencrypted Terrestrially In Digital Mode In The Department...

Original Language Title: Décision n° 2013-468 du 26 juin 2013 relative à un appel aux candidatures pour l'édition d'un service privé de télévision à vocation locale en haute définition diffusé en clair par voie hertzienne terrestre en mode numérique dans le dépar...

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JORF n ° 0157 of July 9, 2013
text # 132



Decision No. 2013-468 of June 26, 2013 on a call for applications for#039;edition d ' a private, high-definition private television service broadcast in digital mode by terrestrial radio in digital mode in Department of Guadeloupe

NOR: CSAC1317675S ELI: Not available


The Higher Audiovisual Council,
Seen Law n ° 86-1067 of 30 September 1986 on freedom of communication, in particular its articles 26, 30-1, 31;
In view of the public consultation launched by the Board of Governors Audio-visual on March 12, 2013;
After deliberation,
Decides:

Article 1


A call for applications for the use of a high definition radio resource for a Local television service, in full time, intended to be broadcast in digital terrestrial radio in digital mode.
The geographical area covered by this call for applications is the department of Guadeloupe.



I. -The object of the call to
I-1 applications. The Available Resource


Appendix I to this decision lists the available frequencies. It sets the technical conditions for the use of these frequencies.
The authorized service will be required to broadcast on all frequencies on call.


I-2. The category of service under appeal


This call is for local television projects that are intended to be broadcast in plain language.


I-2.1. The definition of a television service


According to section 2 of the Act of September 30, 1986, is considered 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. Legal persons liable to be candidates


The call for applications may be answered in accordance with the provisions of Article 30-1 of the Act of 30 September 1986:
-commercial companies, including companies Local mixed economy;
-cooperative societies of mutual interest;
-public institutions for cultural cooperation;
-associations declared in accordance with the Act of 1 July 1901 on the association contract.


I-2.3. The characteristics of the programming


The minimum average weekly volume of local broadcast programming devoted to Guadeloupe is twelve hours. These programs are broadcast during the best hours of the hearing. The Convention sets out the broadcasting schedules and may set an increase in the volume of the broadcasts in the first broadcast. In the first year of service delivery, this volume cannot be less than seven hours.
These local programs can be complemented by programming rooted in the social, cultural and environmental life of the Caribbean and the Caribbean. Guyana.
In addition, the service can resume national television programs that are not broadcast in the free offering of ROM 1.


I-2.4. Financing


The financing of the service can be provided by commercial revenue, in particular advertising, through sponsorship and tele-shopping (cf. Decree No 92-280 of 27 March 1992) and by public aid in compliance with Community rules.


I-3. The rules on nationality and media concentration


The publisher must comply with the rules on nationality and media concentration in accordance with the provisions of Articles 39, 40 (for companies), 41, 41-1-1 and 41-2-1 (for corporations and associations) of the Act of September 30, 1986.


II. -
II-1 authorization procedure.
II-1.1 application folders. Filing


As a penalty of inadmissibility, applications must be submitted in five copies, including one in computer format (CD-ROM) identical to the paper version, before August 30, 2013, at 5 p.m. Conseil supérieur de l' audiovisuel (tour Mirabeau, 39-43, quai André-Citroën, 75739 Paris Cedex 15), or to the Territorial Audiovisual Committee of the Antilles and Guyana (Beterbat business centre, corner of Victor-Lamon streets and Stade de Stade, place D' Armes, 97232 Le Lamantin, telephone: 05-96-30-09-63, fax: 05-96-30-09-64, e-mail: cta.antillesguyane@csa.fr). A receipt attesting to the filing of the file is issued to the candidates or their agents.
The files may also be sent to the Conseil supérieur de l' audiovisuel (tour Mirabeau, 39-43, quai André-Citroën, 75739 Paris Cedex 15) by way of Post on or before August 30, 2013, the postmark, under registered mail with acknowledgment of receipt.


II-1.2. Disclaimer


After the files are filed, candidates who wish to withdraw their applications must immediately notify the Conseil supérieur de l' audiovisuel by registered mail with an acknowledgement of receipt. If
withdrawal occurs 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 call for applications.


II-1.3. Contents of the Candidator File


A sample application package is presented in Annex II.
After the deadline for submitting applications, any substantial change to a file would lead to consideration Application as new and therefore inadmissible.


II-2. Admissibility of applications


The Council of the Whole of the Council shall draw up a list of eligible candidates and shall refer, in accordance with the provisions of Article LO 4433-30 of the General Code of Local and Regional Authorities, the Regional Council of Guadeloupe for opinion on these applications.
Candidates who meet the following conditions are eligible:
1. Filing of file within the time limits and conditions set out in II-1.1. Of this decision;
2. Project corresponding to the subject of the call for applications;
3. Effective existence of the candidate legal person by the deadline for submitting applications 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, the dated and signed statutes and a copy of the publication, as well as the list of its officers;
-for an association that has not yet been the subject of a Publication in the Official Journal, the statutes dated and signed and a copy of the application for publication or, failing that, the receipt of the declaration or declaration of filing of the declaration file;
-for a company registered in the register of the Trade and companies, dated and signed statutes and a K bis extract from less than Three months as well as the list of executives;
-for a company not yet registered in the commercial and corporate register, the dated and signed statuses, the bank certificate of a locked account, and the list of executives.
Existence Of the legal personality is required before the conclusion of the Convention provided for in Article 28 of the Law of 30 September 1986.
The list of admissible candidates shall be published in the Official Journal of the Republic. The Board of the Whole of the Board notifies the rejection of their application to candidates whose projects are declared inadmissible.


II-3. Public Hearing


The Board hears candidates for public hearing.


II-4. Selection


At the conclusion of the application files and in view of the advice of the Guadeloupe Regional Council, the Board, as a preparatory measure, selects a candidate.


II-5. Elaboration of the Convention


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


II-6. Authorization and rejection of applications


After the conclusion of the agreement, the board issues the authorization for the use of the radio resource and notifies the refusals. The authorisation decision shall be published in the Official Journal of the French Republic with its obligations.
This authorisation shall be for a maximum period of ten years. It can be renewed out of call, once, for a maximum period of five years.


II-7. Selection criteria


The board issues the authorization for the use of the radio resource, in the light of the opinion of the Regional Council of Guadeloupe, following a comparative examination of the candidature files. The accuracy of the information provided by the candidates is an essential element in informing the Council in the investigation of cases.
The criteria taken into account for the granting of authorisation are defined in Article 30 (1). Of the Act of 30 September 1986 on freedom of communication.
Thus, the Council grants authorisations by appreciating the interest of each project for the public in relation to the priority requirements of safeguarding pluralism of the Socio-cultural expression, diversification of operators and The need to avoid abuse of a dominant position as well as the practices impedes the free exercise of competition.
It takes into account:
, where applicable, the commitments of candidates in the production and distribution of works European audiovisual and cinematographic and original French expression;
-the need to provide a service that meets 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 publishing companies Press releases;
-for services whose programs Include political and general information broadcasts, the provisions envisaged to ensure the pluralistic nature of the expression of currents of thought and opinion, the honesty of information and its independence in respect of Economic interests of shareholders, in particular when they are holders of public contracts or public service delegations;
-the contribution to the production of locally produced programmes.
In accordance with Article 30-1 Of the Act of 30 September 1986, the Council favours the services which contribute to To reinforce the diversity of operators as well as the pluralism of information, all media, to the extent of the economic and financial viability of these services, in particular, with regard 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, within two months of the grant of the authorisation, the publisher of the incumbent service proposes, together with the Basse-Terre Télévision, a separate company responsible for ensuring the technical operations necessary for the transmission and dissemination to the public of their programs.
The board authorizes the proposed company and assigns it The radio resource.


II-8.2. Commencement of emissions


The publisher of the licensed service is responsible for ensuring the effective start of the emissions on the date and under the conditions set out in its 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




    PRIMARY TOWN
    SITE
    MAXIMUM ALTITUDE
    antenna (m)
    maximum
    CANAL/POLARIZATION

    Basse-Terre

    Citerne

    1 242

    400 W (1)

    45 H

    Le Morne-à-Louis

    Pointe-Noire

    794

    20 W (2)

    47 H

    Deshaies

    Piton Saint-Rose

    394

    1.5 W (3)

    28 H

    Pointe-à-Pitre

    City

    143

    13 W (4)

    34 H

    (1) 400 W in the direction of azimuth 35 °, 250 W in azimuth direction 160 °, 125 W in azimuth direction 280 °.
    (2) PAR 20 W in the azimuth directions 70 °, 160 ° and 340 °, 16 W in the Direction of azimuth 250 °.
    (3) PAR of 1.5 W in azimuth directions 85 ° and 235 °, 1.2 W in azimuth direction 340 °.
    (4) PAR of 13 W omnidirectional


    Type of modulation: 16 QAM.
    Corrector code Error: 1/2.
    Guard interval:
    The technical characteristics of the frequencies are given as an indication.
    The CSA may, in the future, if the development of the television networks requires it, substitute the technical features of specified broadcasts of others. Technical broadcast characteristics that allow for a receipt of equivalent quality.


    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 (1)


    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 statutes dated and signed;
    -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, in particular in the audiovisual, press, cinema, advertising and internet sectors.

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



    II-1.2. Shareholders or partners who, without controlling the candidate company, directly hold a share equal
    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.


    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. Media concentration device


    It is recalled that the constraints resulting from the anti-concentration device apply to the legal person holding an authorization and to the persons who control it (2 ° of the article 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 that it will not be found, 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 the 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 the service broadcast schedules and, as a result, the daily broadcast time of the channel.


    III-1.3. General Programming Characteristics


    The minimum average weekly volume of local programming on Guadeloupe is twelve hours. These programs are broadcast during the best hours of the hearing. The fixed convention and the timetables and can fix the increase in the volume of the broadcasts in the first broadcast. In the first year of service delivery, this volume cannot be less than seven hours.
    These local programs can be complemented by programming rooted in the social, cultural and environmental life of the Caribbean and the Caribbean. Guyana.
    In addition, the service may resume national television programs that are not broadcast in the free offering of MBS 1.
    Specify the schedules for the broadcast of the local broadcast on the first broadcast. Guadeloupe; situate this programming in the program grid provided; Specify the volume and broadcast schedules for these emissions.
    Specify the volume of programming anchored in the social, cultural and environmental life of the Caribbean and French Guiana, as well as their broadcasting schedules; Programming in the provided program grid.
    If the project resumes programming from another licensed local television service, specify the schedule volume, and the location in the program grid.
    If The project uses national television programming that does not Are not present in the free offer of ROM 1, specify the volume and broadcast schedules; locate this programming in the program grid provided.
    The candidate is invited to complete the table:



    VOLUME HEBDOMADAIRE DES TYRES IN ANTENNE TIME

    Local Emissions
    for Guadeloupe
    Emissions Anchored
    in Social, Cultural Life
    Environmental of the West Indies
    and Guyana
    Others Align="center">

    Information
    -News and Flashes;
    -magazines




    Documentaries




    TV Fiction




    Emissions for Youth




    Entertainment




    Sport




    Other Programs




    Advertising




    Telepurchasing



    Total





    Specify:
    -the language of the service and Captioning;
    -the share of programming accessible to persons who are deaf or hard of hearing as well as, potentially, persons with visual impairments; and
    -measures put in place to promote the representation of the diversity of society French.


    III-1.4. Information
    a) Local news and flashes of information


    Specify the daily volume and the number of editions of the information logs.
    Specify the daily volume and number of releases of the information flashes.


    b) Production means


    Specify the existence of an internal writing to the company.
    Specify:
    -if the service uses an associated agency;
    -if log production is externalized;
    -if there is an association, if any, with a press title;
    -the number of professional journalists.
    Specify If there is a difference between local/national information.


    c) Provisions guaranteeing pluralism and, for a company,
    independence of information vis-a-vis shareholders


    Specify if there is a charter Independence.
    Specify if the service has other Provisions.


    d) Ethic of the antenna


    Existence of a charter of ethics (definition of antenna guiding principles).
    Setting up an ethics committee.
    Relations with viewers.


    III-1.5. Advertising, Sponsorship, Tele-shopping
    a) Advertising


    Specify the average daily duration of planned advertising.


    b) Tele-shopping Emissions


    Specify the schedules and broadcast frequencies for these programs;
    Indicate whether the service uses an outside company.


    c) Sponsorship Remedies


    Indicate whether the service involves 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) Diffusion


    For reminder, the I of Article 7 of Decree No. 90-66 of 17 January 1990 Amended, to which the Decree n ° 92-1188 of 5 November 1992 laying down obligations for the dissemination of cinematographic works in the French overseas departments, provides that the Publishers of services broadcasting works Cinematographic works, in the total annual number of films and replays of cinematographic works, at least 60 % of the distribution of European works and 40 % in the distribution of works of original French
    . Proportion must also be respected during prime time. Works whose broadcast is broadcast in whole or in part from 19.30 to 21.30.


    b) Production


    Question No. 1: what number of titles and releases and releases are considered to be broadcast during prime time. Replays of cinematographic works do you plan to program 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 turnover of the previous year (2). 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 support?
    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 (% of CA [year N-1])








    3.2 %

    EOF works (% of CA [year N-1])








    2.5 %

    (2) For the purpose of determining 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 Animated film and image, as well as the share devoted to programming In a geographical 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) Diffusion


    The modified I of Article 13 of Decree No. 90-66 of 17 January 1990 provides that the In the total annual time devoted to the dissemination of audiovisual works, at least 60 % of the time devoted to the dissemination of European works and 40 % to the dissemination of works of original French
    . Article 13 of the same decree offers the possibility of reaching in two years These broadcast quotas, without the share of European works being below the 50 % threshold laid down in the Audiovisual Media Services Directive. This increase in workload discussed with the board will be recorded in the service agreement.
    Question #4: Do you want to have this support?
    Yes No
    If yes, can you indicate in the table below? Workload that 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 to benefit from specific listening hours?
    Yes No
    If yes, specify which ones:


    b) Production


    The following questions apply only to services that broadcast at least 20 % audiovisual works in their total annual broadcast volume.



    EN HOURS
    IN PERCENTAGE OF PROGRAMMING

    Annual volume of works released




    If the volume of audiovisual works represents Less than 20 % of your broadcast time, end of questionnaire.
    Represents more than 20 %, answer the following questions:


    1. Fixing of the obligation regime


    General system:
    Article 9 of Decree n ° 2010-747 of 2 July 2010 Obligation for publishers to devote at least 15 % of the annual net annual turnover of the preceding year (3) to expenditure contributing to the development of the production of European audiovisual works or original expression French (EOF). For the purpose of determining this obligation, it shall be referred to in this questionnaire as " Overall obligation ".
    Within the overall production obligation, expenditure contributing 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 obligation ".

    (3) 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, the tax provided for in the Article L. 115-6 of the Code of Motion Picture and Animated Image and Article 302 bis KG of the General Tax Code and the share devoted to programming on a geographical area with an enumerated population of less than 10 million Of inhabitants.



    System " Heritage " :
    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 No. 6: ?
    System " General " Regime " 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 videomusic performances represent more than 50 % of your total annual programming?
    Yes No
    Question 8: Videomusics represent more than 40 % of total Your annual programming?
    Yes No


    2. Supported


    Heritage Obligation:
    The second paragraph of Article 10 of Decree n ° 2010-747 of 2 July 2010 Fixed the ownership of the heritage obligation, taking into account the net annual turnover of the preceding financial 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 gradual increase in the " obligation Global " 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:

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

    Obligation Global








    15 % (general system), or 12.5 % (heritage regime), or 8 % (musical regime)


    For Signatory Services, for more than three years after the entry into force of the Decree n ° 2010-747 of July 2, 2010, of a 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 net annual turnover Cumulative over the same period.
    Question 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 acquisitions (in thousands 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 accommodations, you will also need to get closer to the professional organizations and communicate the agreements to the consulting services.


    4. Additional commitment


    Question 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") : expenditure referred to in the 1 °, 2 °, 4 ° of Article 27)?
    Yes No
    If yes, what would be the proportion of these unpublished works (in % of the rates of overall and heritage obligations)? : %


    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, Stereo, broadcast in multi-channel sounds ... ;
    -a device that is intended to provide access to programs for people who are deaf or hard of hearing, as well as, potentially, visually impaired people;
    -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 of the Prime Minister of 26 January 2006 on the application at local level of Community competition rules on state aid to enterprises, Official Journal 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 digital terrestrial television activity of the company or association that is the candidate 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;
    -delivery 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;
    -working capital need variation







    Total Jobs







    Resources:
    -self-financing capability;
    -equity input;
    -long-term loans:
    -intercompany borrowing;
    -bank loans;
    -credit providers;
    -other (detail)







    Total Resources







    Cash Flow (Job Resource)







    Start-of-Office Cash







    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 Options


    The candidate describes the technical means that he or she plans to implement to operate his or her service.
    In particular, the candidate describes the projected dissemination costs, as contemplated.
    Also presents the technical means that it intends to implement to forward 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 interactivity engine and, on the other hand, the means which it intends to implement to ensure a Service compatibility with other authorized services.


    3. Use of the radio resource


    The candidate specifies the bandwidth requirement for the service to be broadcast (expressed in hundreds of kilobits per second), detailing the distribution of the flow for the video. Sound and 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, 2013.


For the Audio-Visual Higher Council:

The President,

Y. Schrameck


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