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Decision No. 2014-573 November 19, 2014, On The Renewal Of The Permit Of The Company Tv Mirror Services

Original Language Title: Décision n° 2014-573 du 19 novembre 2014 portant reconduction de l'autorisation délivrée à la société Télé Miroir Services

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JORF n ° 0284 dated December 9, 2014
text #60




Decision No. 2014-573 dated November 19, 2014 extending l ' authorization issued to Télé Miroir Services

NOR: CSAC1428657S ELI: Not available


The Conseil supérieur de l' audiovisuel,
Seen the Act No. 86-1067 of 30 September 1986 on freedom of communication, in particular its article 28-1;
In view of the Order of 24 December 2001 as amended relating to terrestrial digital terrestrial television setting out the characteristics of the signals emitted;
In view of Decision No. 2005-30 of 18 January 2005, as amended by the Conseil supérieur de l' audiovisuel Authorizing the Société de gestion du réseau R 1 (GR 1) to use a radio resource for the multiplexing of the programs of the terrestrial terrestrial television service publishers in digital mode of the R 1 network;
In view of Decision No. 2005-246 of 17 May 2005 of the Conseil supérieur de l' audiovisuel authorizing the company Télé Miroir Services to use frequencies for the operation of a local private television service broadcast in clear terrestrial radio in the Nîmes area;
In view of Decision No. 2008-638 of 1 July 2008 as amended from Conseil supérieur de l' audiovisuel authorizing the company Télé Miroir Services to use a radio resource for the full and simultaneous digital broadcasting of the local television service broadcast in clear by way Terrestrial hertzian named " Télé Mirror " ;
In view of Decision No. 2011-94 of 18 January 2011 as amended by the Conseil supérieur de l' audiovisuel authorizing the company Télé Miroir Services to use a radio resource for the broadcasting of the local television service by way of service Terrestrial hertzienne in the area of Alès;
In view of Decision No. 2014-105 of 26 March 2014 of the Conseil supérieur de l' audiovisuel on the possibility of redriving out of call for applications the authorisation issued to the company Télé Miroir Services ;
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;
After having deliberated,
Decides:

Item 1


The permission of the company Télé Miroir Services is renewed from 17 May 2015 to 16 May 2020.

Article 2


Company is authorized to use the frequencies mentioned in Annex 3 to Decision No. 2005-30 of 18 January 2005 Above for the purpose of operating a local private television service Le TV Sud Camargue-Cévennes, broadcast in clear by terrestrial radio, in accordance with the conditions laid down in the Convention set out in the Annex to this authorisation.
The Council may later, if the development of networks of
service is broadcast in a standard format and not in a high definition format within the meaning of the decree of December 24, 2001. The share of the radio resource allocated to the service shall be fixed by the discharge of 25 July 2006. However, the publisher may exchange contractually with one or more service editors, present within the same multiplex, part of the resource and a corresponding proportional flow rate assigned to it under the conditions set out in the This same release.

Item 3


The radio resource is shared with other audiovisual communication services.
It is Intended to transmit the necessary binary flows for the Video component and sound components of each program, associated data, service information, current and subsequent event information (including cross-plex crossing), information required for the Access control systems as well as download or update streams for receiving terminals.

Article 4


This Decision Be notified to the company Télé Miroir Services and published in the Journal Official of the French Republic.

  • Appendix


    APPENDIX
    AGREEMENT BETWEEN THE SENIOR AUDIOVISUAL COUNCIL AND THE TÉLÉ SOCIETY MIROIR SERVICES, CI-AFTER DEAPTED BY THE EDITOR ON THE SOUTH TV TELEVISION SERVICE CAMARGUE-GRANTS


    The publisher's responsibilities and commitments come from the general principles of law n ° 86-1067 of 30 September 1986 as amended on the freedom of communication, in particular respect for the dignity of the human person, the protection of childhood and adolescence, the pluralistic nature of the expression of currents of thought and Of opinion, the honesty of information, the quality and diversity of programmes, the development of national film and audiovisual production and creation, the defence and illustration of language and culture
    On the basis of the provisions of Articles 28 and 33-1 of that Act, The parties have agreed to the following stipulations.


    PART I PART
    Purpose of the Agreement and Presentation of the Editor


    Article 1-1
    Purpose of the Agreement


    The purpose of this Agreement is to Establish the special rules applicable to the service known as the TV Sud Camargue-Cévennes, as well as the powers which the Conseil supérieur de l' Audiovisuel holds in order to ensure compliance with the obligations incumbent on the
    . Is a local television service that is broadcast in clear by way Terrestrial hertzienne in the department of Gard, in the Languedoc-Roussillon region. This service is fully and simultaneously taken over by networks not using frequencies assigned by the Commission.
    The nature and duration of the service's programming are defined in Article 3-1-1.


    Article 1-2
    Publisher


    The publisher is a simplified capital stock company of 143 760 €, called Télé Miroir Services, registered on 2 April 1999 in the Register of Commerce and Societies of Nîmes, under number 422 443 242. Its head office is located at 240, avenue Le Corbusier, industrial zone of Grézan, 30000, Nîmes.


    In Appendix 1:
    -the amount and composition of the social capital (and the distribution of voting rights) of the holding company;
    -the list of the natural or legal person (s) who control the holding company within the meaning of section 41-3 of the Act of the 30 September 1986 as amended, as well as possible intermediary structures, with, for companies, the distribution of their social capital and voting rights.


    Copies of specific conventions of objectives and means concluded Between the company Télé Miroir Services and the Community territorial Nîmes Métropole, On the one hand, and the City of Beaucaire, on the other hand, are listed in Appendix 2.
    The publisher shall inform the Board as soon as possible of any changes to the data contained in this Article.


    PART TWO
    Stipulations
    I. -SERVICE DISSEMINATION


    Section 2-1-1
    Release of Service


    The publisher may not, unless specifically authorized, use the spectrum resources allocated to it for a use other than that provided for in this Convention.
    The characteristics of the signals broadcast by the publisher are in conformity with the regulations in force (Decree of 24 December 2001 concerning terrestrial digital terrestrial television setting out the characteristics of the signals emitted) and the Document establishing " The services and the signalling profile for the broadcasting of digital terrestrial television " Adopted by the Council.
    The publisher shall make available to multiplex operators the signal data for the crossing, between the various multiplexes, of information concerning the current emissions and the following emissions from the Its service.
    In order to enable the Council to enforce the provisions of the eighth paragraph of Article 25 of the Act of 30 September 1986 as amended, for services requiring the use of an interactivity engine, the publisher shall inform the Council The system it wants to use. Specifications or references to recognized standards are referred to the Board. The evolutions of the interactivity engine, or the changes of this engine, are the subject of information of the board.
    The publisher undertakes to exploit the service himself for the duration of the authorization under the conditions stipulated in the 3-1-1 (I-Programs, Part 3).


    Item 2-1-2
    Territorial Coverage


    The publisher ensures the broadcast of its terrestrial terrestrial programs from all emission sites for which It has an authorization to use a resource in frequencies.


    Article 2-1-3
    Conventions concluded with the multiplex operator


    The editor signs conventions with the company responsible for ensuring the technical operations necessary for the transmission and distribution of the service To the public. These agreements are communicated to the Board in confidence.


    II. -GENERAL OBLIGATIONS


    Item 2-2-1
    Editorial Responsibility


    The publisher is responsible for the content of the broadcasts it broadcasts.
    It retains control of its antenna in all circumstances.


    Item 2-2-2
    French Language


    The broadcast language is French. In the case of a program broadcast in a foreign language, the program results in simultaneous translation or captioning. These stipulations do not apply to musical works.
    The publisher ensures the correct use of the French language in its programs, as well as in adaptations, duplications and subtitles of foreign programs. He strives to use French in the titles of his programs.


    Item 2-2-3
    Intellectual Property


    The publisher respects French intellectual property law.


    Article 2-2-4
    Major Events


    The publisher respects the legislative and regulatory provisions relating to the retransmission of events of major importance, in particular the provisions of decree n ° 2004-1392 of December 22, 2004 made for the purposes of section 20-2 of the Act of September 30, 1986 as amended.


    Item 2-2-5
    Hourly Respect


    The publisher makes best efforts to comply with the Distribution of its programming, the programming schedules previously announced.


    III. -DEMONTOLOGICAL OBLIGATIONS


    In compliance with the constitutional principles of freedom of expression and communication and the editorial independence of the publisher, the publisher respects the following stipulations.
    For Appreciation of compliance with these stipulations, the board takes into account the type of program involved.


    Article 2-3-1
    Pluralism of the expression of currents of thought and opinion


    The editor ensures the pluralism of the currents Of thought and opinion, particularly as part of the recommendations Formulated by the Council, in particular of the deliberation n ° 2009-60 of 21 July 2009 on the principle of political pluralism in radio and television services Television and n ° 2011-1 of 4 January 2011 on the principle of political pluralism in radio and television services during an election period.
    Journalists, presenters, animators or antenna collaborators ensure that they respect a Honest presentation of controversial issues and ensure The expression of the different points of view.
    The publisher shall forward to the request of the Council, for each period indicated by the latter, the statement of the time of intervention of the political, trade union and professional figures.


    Item 2-3-2
    Public Life


    The publisher's program is to:
    -do not incite dangerous, delinquent or harmful behaviour or behaviour;
    -respect the different political, cultural and religious sensitivities of the public;
    -do not encourage discriminatory behaviour in Reason of race, sex, religion or nationality;
    -promote the values of integration and solidarity that are those of the Republic and fight against discrimination;
    -taking into account, in representation On the air, the diversity of origins and cultures;
    Deliberation n ° 2008-51 of 17 June 2008 of the Council on the exposure of tobacco products, alcoholic beverages and illicit drugs to the broadcasting and television services.


    Article 2-3-3
    Rights of the Person


    The publisher may not enter into specific agreements that have the effect of impairing the dignity of the human person, even if the person consents to it.
    It shall not broadcast any programming that affects the human dignity of the human person. Dignity of the human person as defined by law and
    It respects the rights of the individual in relation to his private life, image, honour and reputation as defined by law and jurisprudence.


    In particular, he is responsible for:
    -proof of restraint in the dissemination of images or testimonies liable to humiliate people;
    -that complacency is avoided in the evocation of human suffering, as well as any degrading treatment The individual or demeaning to the rank of object;
    -the fact that the testimony of individuals on the facts of their private life is collected only with their informed consent;
    -the participation of non-professionals in Set, play or entertainment shall not be accompanied by any waiver of their Irrevocable or indefinite leave to their fundamental rights, including the right to an image, the right to privacy and the right to appeal.


    It is a measure when it broadcasts Information or images concerning a victim or person in a situation of danger or distress.


    Article 2-3-4
    Rights of participants in certain programs


    In its programs, including games and Entertainment, the publisher agrees not to overemphasize the spirit Exclusion, or to encourage defamatory or abusive comment against the participants.


    Article 2-3-5
    Antenna Rights of Actors


    People involved in the antenna are informed of the title and subject matter of the 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
    Minors' Testimonials


    The editor respects the Action taken by the Council to ensure the protection of minors from the dangers of their participation in a television programme, in particular the deliberation of 17 April 2007 on the intervention of minors in the The framework of television programmes broadcast in metropolis and in the departments Overseas.


    Article 2-3-7
    Information and Program honesty


    The requirement of honesty applies to all programs.
    The publisher avoids confusion between information and Entertainment.
    For policy and general information programs, it uses journalists.
    It reviews the validity and sources of each information. Where possible, the origin of the latter must be indicated. The uncertain information is presented with the conditional.
    It is rigorous in the presentation and processing of information.
    It ensures that the context in which the images were collected and the subject matter is appropriate. Show. Any use of archival images is announced by a screen popup, possibly repeated. If necessary, mention is made of the origin of the images.
    Images produced for a reconstruction or script of actual fact, or supposed to be, must be presented as such to the viewers.
    Subject to caricature Or of the pastiche, when a montage of images or sounds is carried out, the latter may not distort the original meaning of the images or remarks collected, or abuse the viewer.
    In the information broadcasts, the publisher shall not resort to Technological processes to change 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 those who are filmed or recorded Must be limited to the need for information. It should be restricted to cases where it provides information that is difficult to collect otherwise. It must be made known to the public. Persons and places should not be able to be identified, with the exception of exceptions, or if the consent of the persons was obtained prior to the issuance of the
    . Micro-sidewalk " Viewers, who cannot be qualified as a poll, should not be presented as representative of the general opinion or group in particular, nor should they abuse the viewer on the competence or authority of persons Solicited.


    Item 2-3-8
    Independence of Information


    The publisher ensures that policy and general information programs are produced under conditions that ensure the independence of information, In particular with respect to the interests of its shareholders. It shall bring to the attention of the Council the provisions it implements for this purpose.
    When it presents to the air, outside the advertising screens, activities for the publishing or distribution of audiovisual communication services Developed by a legal entity with which it has significant capitalistic ties, it attaches itself, in particular by the moderation of the tone and the measure in the importance given to the subject, to the fact that this presentation is strictly a character Information. On this occasion, it shall inform the public of the nature of such links.


    Article 2-3-9
    Judicial Proceedings


    In compliance with the right to information, the dissemination of broadcasts, images, statements or documents relating to Judicial proceedings or to facts likely to give rise to judicial information requires that particular attention be paid to respect for privacy, to the anonymity of minors and to respect for the presumption Innocence.
    The publisher ensures, in the presentation of court decisions, that they do not Are not commented on under conditions that would affect the authority of justice or its independence.


    When an ongoing judicial proceeding is referred to the antenna, the publisher must ensure that:
    -the case is handled with measurement, thoroughness and honesty;
    -the handling of the case does not constitute a serious obstacle to this procedure;
    -pluralism is ensured by presenting the various theses in presence, in Ensuring that the parties or their representatives are in a position to make their views known.


    Article 2-3-10
    Producer Information


    The publisher provides information to producers on the occasion of Agreements with them, the provisions of the articles of the Convention appearing in the party " Ethics obligations ", with a view to ensuring compliance.


    Article 2-3-11
    Ethics Committee


    A committee of independent individuals is made up of the publisher to oversee all programs of the To ensure that the principle of pluralism is respected.
    The composition of this committee is contained in Annex 3. The Board shall be kept informed of any changes to it.
    The Committee shall establish a semi-annual review. It can be consulted at any time by the publisher. The Board may seek its advice.


    IV. -PROTECTION OF CHILDREN AND ADOLESCENCE


    Article 2-4-1
    Reporting and Classification of Programs


    The publisher follows recommendation # 2005-5 of June 7, 2005 to the publishers of television services in respect of youth signage and the classification of programs.
    Category V programs, namely cinematographic works prohibited to minors 18 years and pornographic or very large programmes Violence reserved for an informed adult public that is likely to interfere with the physical, mental or moral development of 18-year-olds, are subject to a total ban on dissemination.


    PART THREE
    Stipulations
    I. -Programs


    Article 3-1-1
    Nature and duration of programming


    TV Sud Camargue-Cévennes is a full-time local television service. The daily duration of the program is 24 hours a day. The identification of the channel appearing permanently on the antenna is " TV Sud Camargue-Cévennes ".
    The publisher spends at least one daily hour on information programmes dealing only with the Gard department, while ensuring a balanced distribution of the amount of information disseminated among the Different sectors of this zone (Le Vigan, Alès, Nîmes, Arles, Vauvert, Aigues-Mortes, ...).
    This time includes a television newspaper with a minimum duration of five minutes for the Gard only. It is programmed in the first broadcast exclusively in the zone where the service is authorized, between 18:30 and 20:30, by a minimum of thirty minutes.
    This daily hour is broadcast on 44 weeks per year. The publisher shall communicate to the Board by registered letter with acknowledgement of receipt, before 1 September of each year, of the eight-week numbers during which it does not broadcast this daily hour. If not, will be retained for the eight weeks of the summer period, i.e. weeks 27 to 34.
    This daily hour is complemented by local or regional programming devoted solely to topics rooted in social, economic and social life. The cultural and environmental aspects of the area in which the service is authorized, the neighbouring departments and the administrative region to which it belongs.
    This set (daily time of information programmes and local programming Or regional) represents at least, each week, half of the time Service and is broadcast between 6 hours and midnight.


    The publisher must retain editorial independence in all circumstances. Therefore:
    -the broadcast programs must include the identification of the authorized service;
    -whether or not programming schedules are imposed on the publisher by one or more program providers, the programs provided (with the exception of the hour The daily programme of information referred to in the second subparagraph and of the local or regional programmes referred to in the fifth subparagraph shall not exceed 50 % of the broadcasting time of the service on a daily basis.


    A programme grid is provided for information purposes only. Annex 4.


    Article 3-1-2
    Institutional Communication


    The publisher is authorized to program, for remuneration or other consideration, institutional communication issues when they are not coming from political parties or groupings, trade unions, faith-based groups Or businesses that fall under the economic sectors for which advertising is subject to a legislative or regulatory ban.
    Corporate communication programs are placed under the responsibility of The publication director who is subject to the provisions of the Items 6, 93-2 and 93-3 of Law No. 82-652 dated July 29, 1982.
    They must be the object of contracts that the editor communicates to the In the month following their signature, accompanied by the tariffs if these programs give rise to remuneration.
    They are issued with a specific starting and ending credits, clearly indicating the identity of the organizations that Are originally. For local and regional authorities, the signatures to the generic are those of the legal entity (commune, department, region). Elected personalities or assemblies may not be signatories.
    The daily duration of all such broadcasts (broadcast and rebroadcast) does not exceed one hour.
    These broadcasts have an informative vocation to present the Activities of the organizations that have access to them.
    They may not contain any advertising or promotional character in favour of a product or service.
    When it comes to the emissions of the local authorities and their emanations, they May not contain any promotional character in favour of the Elected representatives or political groupings of elected assemblies. They must comply with the provisions of Article L. 52-1 of the Election Codein its application periods.


    Article 3-1-3
    Territorial Community TV Funding


    The publisher follows the recommendation of the Board of January 4, 2007, on the funding of television programs by communities Territorial.


    Item 3-1-4
    Access Program for people who are deaf or hard of hearing


    The publisher endeavours, to the extent of its technical and financial possibilities, to develop programmes for persons who are deaf or hard of hearing. It shall inform the Council, in its performance report of the obligations, of the efforts made each year.


    Article 3-1-5
    Advertising


    Advertising messages shall be inserted in accordance with the conditions laid down in Article 73 of the Law Of 30 September 1986 as amended and by the amended Decree No 92-280 of 27 March 1992 laying down the general principles defining the obligations of the publishers of services in respect of Advertising, sponsorship and tele-shopping.
    Time spent The broadcast of advertising messages shall not exceed twelve minutes for a given clock hour.
    The publisher shall ensure a clear identification of the advertising screens in programmes intended for youth. To this end, it shall use, for all these programmes, generic advertising screens of a minimum duration of four seconds, composed of sound and visual elements enabling the young public to identify them easily.
    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 advertising messages TV.


    Article 3-1-6
    Parrainage


    In accordance with the provisions of the amended Decree No. 92-280 of 27 March 1992 , sponsored television programmes must be clearly identified as such. Start or end of the program. In these programs and in their trailers, the mention of the sponsor is possible only to the extent that it remains punctual and discreet.
    In youth programming, this sponsorship reminder must be of modest size and Be the subject of 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 shall ensure that there is no interference between Name of the sponsor or one of its brands and the name of a youth programme or Element of this one.


    Item 3-1-7
    Teleshoping, voyance, gambling and gambling


    The publisher complies with the teleshopal emission provisions set by the decree n ° 92-280 of 27 March 1992 laying down general principles defining the obligations of service publishers with regard to advertising, sponsorship and Tele-shopping.
    If the same asset or service is presented in both a tele-shopping broadcast and a message Advertising, a period of at least twenty minutes must elapse between the end of the advertising screen and the start of the teleshoping program and vice versa.
    The publisher does not broadcast voyance programs.
    It does not broadcast game programs Money and chance before midnight and after six o'clock in the morning.


    Item 3-1-8
    Product Placement


    The publisher respects the release of the product placement council in the services programs TV.


    Item 3-1-9
    Commercial Communications in A gambling and gambling operator


    The publisher respects the Council's deliberation on the conditions for broadcasting, by television and radio services, of commercial communications in favour of an operator of Legally authorized gambling and gambling.


    II. − DISSEMINATION AND PRODUCTION OF AUDIOVISUAL WORKS


    Article 3-2-1
    Broadcasting of Audiovisual Works


    In accordance with provisions of I of Article 13 of Decree No. 90-66 of 17 January 1990 relating to the dissemination of works Cinematographic and audiovisual on television, the publisher reserves, in total annual time devoted to the broadcasting of audiovisual works, at least 60 % to The dissemination of European works and 40 % to the dissemination of works of original French 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 Met during prime time. These hours are those of the actual distribution of the service.


    Article 3-2-2
    Production of Audiovisual Works


    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 on the contribution to the production of cinematographic works and Audiovisual television services broadcast by terrestrial terrestrial television.
    If the publisher reserves more than 20 % of the broadcasting time of the service to audiovisual works on an annual basis, 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 Order.


    Article 3-2-3
    Relations with Producers


    The publisher undertakes to ensure equal treatment between producers of audiovisual works and to promote Free competition in the production sector.
    It undertakes 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 media and modes 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.


    III. - DISSEMINATION AND PRODUCTION OF CINEMATOGRAPHIC WORKS


    Article 3-3-1
    Distribution of European Cinematographic Works French original expression


    In accordance with the provisions of Article 7 of Decree No. 90-66 of 17 January 1990 changed, the editor reserves, in the Annual total number of broadcasts and replays of long-term cinematographic works, at least 60 % in the dissemination of European works and 40 % in the dissemination of works of French original expression, within the meaning of Articles 2, 3, 5 and 6 of the
    These proportions must also be met during prime time. These hours are between 20:30 and 22:30.


    Item 3-3-2
    Quantum and Broadcast Grid


    The editor has chosen to broadcast a number of different long-term and lower-than-long motion picture works each year or 52 without the total number of broadcasts and rebroadcasts of any nature exceeding 104.
    The conditions for the distribution of long-term cinematographic works shall be fixed in accordance with section 10 of Order No. 90-66 dated January 17, 1990 modified.


    Article 3-3-3
    Timeline of Media


    Contracts entered into by the publisher for the acquisition of rights to broadcast cinematographic works provide for the period within which the distribution of cinematographic works can occur.
    Where there is an agreement between one or more Several industry professional organizations Film and the publisher relating to the time limits applicable to one or more types of television exploitation of cinematographic works, the time limits laid down in this agreement are binding on the publisher.


    Article 3-3-4
    Production Cinematographic works


    The publisher is not subject to the obligations relating to the contribution of broadcasters to the development of the production of cinematographic works.


    Article 3-3-5
    Overview of current events Movie


    If the editor is current Of cinematographic works released in the hall in broadcasts devoted to this actuality, he undertakes to make this presentation diverse.


    IV. -ASSOCIATED DATA


    Article 3-4-1
    Definition of Associated Data


    Data is associated with data that is intended to enrich and complement the main program of the television service, as defined in the Section 2 of the Act of 30 September 1986 as amended.
    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 service programs, applies to associated data.
    The publisher respects French property law for related data Intellectual Property.


    Article 3-4-3
    Ethics Obligations


    With the exception of Articles 2-3-1 and 2-3-11, the provisions of the agreement relating to ethical obligations apply to related data.
    In these Data, the editor ensures fairness in the pluralistic expression of Currents of thought and opinion.


    Article 3-4-4
    Protection of the Young Public


    The publisher classifieds the associated data according to the five categories of programs provided for by the recommendation of the Board to the publishers of Television about youth signage and the classification of programs.
    These data are offered with the pictogram corresponding to their category.
    The publisher cannot propose any associated data belonging to others Categories for which the television service is Allowed.
    During the release of or near youth programs, the publisher ensures that minors are not encouraged to view related data that might conflict with their sensitivity.
    Messages Advertising or sponsorship sequences for reserved or adult content are not proposed until midnight and after five o'clock in the morning.


    Article 3-4-5
    Commercial Communication


    Communication Commercial present within associated data must conform to Requirements of truthfulness, decency and respect for the dignity of the human person. It shall not affect the credit of the State.
    It shall be free from discrimination on the grounds of race, sex or nationality, any scene of violence and any incitement to conduct harmful to health, The security of persons and property or the protection of the environment.
    It must not contain any element that offend religious, philosophical or political beliefs.
    It must be designed in accordance with the interests of the Consumers and not adversely affect minors.
    It Must be easily identifiable as such.


    Article 3-4-6
    Commercial communications to an operator of gambling and gambling


    The dissemination of related data in the form of commercial communications In favour of game operators, within the meaning ofArticle 7 of Law No. 2010-476 of 12 May 2010, is prohibited during the broadcast of Programmes presented to minors as well as During the thirty minutes preceding and following the broadcast of these programs.


    Item 3-4-7
    Use of the radio resource by associated data


    The distribution of associated terrestrial hertzian data
    use of this resource shall be carried out in accordance with the rules laid down by the Board. In particular, it should not result in a decrease in the quality of the main program.


    Item 3-4-8
    Contractual Penalties


    Sections 4-2-1 to 4-2-4 apply to Associated data.


    Item 3-4-9
    Modification


    The stipulations in sections 3-4-1 to 3-4-8 apply until December 31, 2015. Six months before this deadline, the publisher establishes a balance sheet for the dissemination of associated data.


    PART FOUR
    Contractual Control and Penalties
    I-CONTROL


    Article 4-1-1
    Evolution of Ownership and Executive bodies


    The publisher shall immediately inform the board of any change in the amount of social capital and any change in the distribution of 1 % or more of the social capital or voting rights of the corporation Owner. The amendment shall be assessed in relation to the last distribution communicated to the Board.
    It shall inform the Board, as soon as it becomes aware of it, of any change in control and any change in the allocation of 5 % or more of the Social capital or voting rights of the company (s) which control, where appropriate, the holding company, within the meaning of Article 41 (3) of the Act of 30 September 1986 as amended, as well as of any intermediate companies. The change is appreciated in relation to the last allocation communicated to the Board. In the case of companies whose shares are admitted to negotiations on a regulated market, the publisher shall inform the Council of any crossing of thresholds for participation in their social capital, as soon as it becomes aware thereof, under conditions Article L. 233-7 of the Commercial Code and, where appropriate, by their statutes.
    It shall, at the request of the Detailed composition of social capital and rights of Vote of the holding company and of the company (s) that control, where appropriate, the holding company.
    If the evidence before the Board pursuant to the preceding paragraphs appears to raise difficulties in the Pursuant to the provisions of Article 42 (3) of the Act of 30 September 1986, as amended, it shall inform the publisher as soon as possible.
    For the purposes of Article 40 of the Act of 30 September 1986, as amended, the publisher shall provide half-yearly Advice on the grounds for determining nationality within the meaning of the second Paragraph of Article 40, of each of its shareholders and the share of its non-Community shareholding. Where the shares of the holding company or of one of its direct or indirect shareholders are admitted to the negotiations on a regulated market, those elements shall consist, at the request of the Council, in the transmission of the Euroclear France statements of the
    The provisions set out in this section do not apply where the corporation that controls the holding company is itself a publisher of a television service authorized by the board.


    Article 4-1-2
    Economic Information


    The editor passes to the In the month following their signature, the contracts of objectives and past means, underArticle L 1426-1 of the Code
    also transmits, within one month of their signature, past contracts, as an institutional communication, to a territorial community.
    It Communicates to the Board at the beginning of the year An account of the forecast results and then a financial statement of the profit and loss account at the end of the financial year.
    It shall deliver to the Council, within six months following the close of each financial year, its balance sheet, profit and loss account, and Annexes, as well as its management report, as set out inarticle L 232-1 of the trade code.
    It communicates Also the documents provided for 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 item L 232-2 of the same code.
    Forward to the Board, at its request, the annual balance sheets and annual reports of each of the shareholders holding on their own behalf at least 5 % of its capital.
    It provides information to the Board, as part of the annual report Provided for in Article 4-1-4 of this Agreement or the application Of the board, in addition to the table of subsidiaries and holdings, the characteristic published data on the activity of subsidiaries or sub-subsidiaries whose importance is significant at the level of the assets or the results of the company
    In the course of the exercise of its tasks, the Board may ask the publisher to provide it, in confidence, with information on the diversification activities that it itself, or one of its subsidiaries, develops In the areas of culture and communication and generated revenues
    If the publisher does not have the sole activity of publishing the television service covered by this agreement, the publisher shall also communicate analytical accounting elements, validated by an auditor,


    Article 4-1-3
    Program Control


    The publisher communicates its foreprograms to the Board within a reasonable period of time. Broadcast.
    It keeps four weeks at least one record of the Programmes and the corresponding programme drivers. The Board may request these elements within the same time frame, on a medium for which it defines the characteristics. Furthermore, the publisher shall make the necessary arrangements for the retention of documents liable to give rise to a right of reply, as provided for in Article 6 of the Law of 29 July 1982 as amended.


    Article 4-1-4
    Compliance Information


    In accordance with the provisions of section 19 of the Act of September 30, 1986, as amended, the publisher shall provide the Board with all the information it deems necessary for Ensure the publisher's compliance with its legal and regulatory obligations as well as The
    of the data shall be carried out in accordance with the standards and procedures defined by the Council, after consultation with all the publishers.
    The publisher shall communicate to the Council, at its request and at Confidential, information relating to the cost and financing of programs other than cinematographic and audiovisual works.
    It shall, at its request and in confidence, provide the Board with the hearing studies
    It communicates annually to the Board by March 31, at the latest Report on the conditions of performance of its obligations and commitments relating to programmes, for the preceding financial year.
    It shall provide the Council with information enabling it to ensure compliance with Articles 16 and 17 of the Directive 2010 /13/EU of 10 March 2010, known as ' Audio-visual media services ".


    Article 4-1-5
    Resuming another service's programs


    The publisher shall, within eight days of their conclusion, communicate to the Board all agreements made for full recovery or Part of another television service.


    II. -CONTRACTUAL PENALTIES


    Article 4-2-1
    Home


    The board may retain the publisher to comply with the terms and conditions set out in the agreement and in any future amendments that may be appended to it. It makes public this notice.


    Article 4-2-2
    Sanctions


    If the publisher does not comply with the formal notice, the Board may, in view of the seriousness of the breach, impose one of the following sanctions:
    1. A monetary penalty, under the conditions set out in section 42-2 of the amended Act of September 30, 1986; and
    2. The suspension for one month at most of the edition, distribution or distribution of the service, program category, part of the program or of one or more advertising sequences;
    3. The reduction in the duration of the authorisation for the use of frequencies within a year.
    In the event of a new violation of the provisions of this Convention which has given rise to a sanction, the Council may impose a sanction Monetary amount that cannot exceed the limit set in the event of a re-offending in section 42-2 of the Act of September 30, 1986 as amended.


    Article 4-2-3
    Inserting a News Release


    In the event of non-compliance with the provisions of the Agreement, the Board may order the insertion into the programs The terms and conditions set out in section 42-4 of the Act of September 30, 1986, as amended.


    Article 4-2-4
    Procedure


    Contractual penalties referred to in Articles 4-2-2 and 4-2-3 shall be pronounced by the Council in accordance with the guarantees laid down in Articles 42 et seq. Of the Law of 30 September 1986 as amended.


    FIFTH PART
    Duration, validity and communication of the Convention Modification


    No stipulation of this Agreement can make An obstacle to the applicability of the applicable laws and regulations to the publisher.
    Any legislative or regulatory amendment applicable to the service will result in a revision of the agreement as a This
    may also be amended by mutual agreement between the publisher and the Board.


    Article 5-2
    Communication


    This Agreement is an administrative document that any person may Request copy to council, in application of Law n ° 78-753 of 17 July 1978 , modified with various measures to improve relations between the administration and the public and various administrative provisions, Social and fiscal.


    Done at Paris, in two originals, November 19, 2014.


    For the editor:
    The President,
    C. MUSSET


    For the Audio-Visual Higher Council:
    The President,
    O. SCHRAMECK

  • Appendix


    Appendix 1
    Amount, Composition of Capital and Distribution of Company Voting Rights to the Corporation Signing the
    I convention. -Amount, composition of social capital and distribution of voting rights of the company


    The company Télé Miroir is a company with a simplified share capital of 143 760 €, divided as follows:




    ACTIONS
    PART (%)
    VOTE FEE (%)

    TV SOUTH LR

    998

    83.3

    83.3

    Holding Company TISSOT

    73

    6.09

    6.09

    Ms. Geneviève RABES

    43

    3.59

    3.59

    M. Jean-Louis GAZEAU

    28

    2.34

    2.34

    M. Christian TAVES

    14

    1.17

    1.17

    M. Marco LUCA

    14

    1.17

    1.17

    M. Jean GABOURDES

    14

    1.17

    1.17

    SAS ALMENDRICOS

    14

    1.17

    1.17

    TOTAL

    1 198

    100

    100


    II. -Natural or legal persons who control the holding company (as defined in Article 41-3 of the Act of 30 September 1986 as amended)


    The distribution of the capital of the SAS TV SUD LR, of an amount of € 2,146 000 divided into 21,460 shares of 100 € each, is as follows:


    SHAREHOLDERS
    DEDUCTIONS
    EN %

    SAS South Media

    19,320

    90 %

    Société du journal Midi Libre

    2 140

    10 %

    Total

    21 460

    100.0

  • Appendix


    Appendix 2
    Objectives and means conventions between mirror services and the territorial community and the city of Beaucaire


    Copy of the specific objectives and means agreements concluded between the company Télé Miroir Services and the territorial community Nîmes Métropole, on the one hand, and the town of Beaucaire, on the other hand, are consulted at the Board of Governors Audio visual

  • Appendix


    Appendix 3
    Ethics Committee Membership


    The composition of the expert committee responsible for ensuring the principle of pluralism is The following:
    -Mr Bruno KEZACHIAN, President National Medical Officer;
    -Mr Philippe REIG, Director for TV Mistral;
    -Mr Lucien CARRIE, President of the Gard Olympic and Sports Departmental Committee (CDOS)

  • Appendix


    Appendix 4
    Program Grids


    This appendix is available to the Conseil supérieur de l' audiovisuel


Done at Paris, November 19, 2014.


For the Audio-Visual Higher Council:

The President,

Y. Schrameck


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