Key Benefits:
Le Conseil supérieur de l' audiovisuel,
Vu la loi n ° 86-1067 du 30 September 1986 on of communication, in particular Article 28-1 thereof;
Given the decision of 24 December 2001 on terrestrial digital terrestrial digital television setting out the characteristics of the signals emitted;
In light of Decision No. 2000-529 of 26 July 2000 amended by the Supreme Council of the Audiovisual TV7 Bordeaux to use frequencies for the operation of a local private television service broadcast in clear terrestrial radio in the Bordeaux metropolitan area;
In view of Decision No. 2005-30 of 18 January 2005 Amended of the Supreme Audiovisual Council authorizing the company to Management of the R1 (GR1) network to use a radio resource for the multiplexing of the programs of terrestrial terrestrial television service publishers in digital mode of the R1 network;
In view of Decision No. 2005-954 of 29 November 2005 of the Conseil supérieur de l' audiovisuel renewing the authority granted to the company TV7 Bordeaux;
Having regard to Decision No. 2007-503 of 24 July 2007 as amended by the Conseil supérieur de l' audiovisuel authorizing the company TV7 Bordeaux to Use a radio resource for full and simultaneous recovery in Digital mode of the local television service broadcast in clear by terrestrial terrestrial television " TV7 Bordeaux " ;
In view of Decision No. 2014-103 of 26 March 2014 of the Conseil supérieur de l' audiovisuel on the possibility of driving out of call for applications the authorisation issued to the company TV7 Bordeaux;
Due to the deliberation of 25 July 2006 Amendment of the Conseil supérieur de l' audiovisuel on the setting of the rules for the sharing of radio resources for terrestrial digital terrestrial television multiplexes;
After having deliberated,
Decides:
The authorization for the company TV7 Bordeaux is renewed from April 1, 2015 to March 31 2020.
Company is authorized to use the frequencies mentioned in Annex 3 to Decision 2005-30 of 18 January 2005 referred to above For the purpose of operating a local private television service, TV7 Bordeaux, broadcast in clear by terrestrial radio, in accordance with the terms of the agreement set out in the Annex to this authorisation.
The Council may later, if the development of the television networks so require, Substitute the specified channels of other channels for receiving equivalent quality.
The service is broadcast in a standard format and not in a high definition format within the meaning of the aforementioned December 24, 2001 order. 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.
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.
This Decision Be notified to the company TV7 Bordeaux and published in the Official Journal The French Republic.
ANNEX
AGREEMENT BETWEEN THE SUPERIOR COUNCIL OF AUDIOVISUAL AND TV7 BORDEAUX CI-AFTER DEAPTED BY THE EDITOR IN RESPECTING THE TELEVISION TV7 TELEVISION SERVICE
The publisher's responsibilities and commitments come from the general principles laid down by the Law No. 86-1067 of September 30, 1986 Relating to freedom of communication, including respect for the dignity of the human person, the protection of children and adolescents, the pluralistic nature of the expression of currents of thought and opinion, the honesty of The information, the quality and the diversity of the programmes, the development of national film and audiovisual production and creation, the defence and the illustration of the French language and
. Sections 28 and 33-1 of this Act, the parties have agreed to The following stipulations.
The purpose of this Convention is to lay down rules Applicable to the service known as TV7 Bordeaux, as well as the powers that the Conseil supérieur de l' audiovisuel holds to ensure compliance with the obligations of the publisher.
TV7 Bordeaux is a television service Local broadcast by terrestrial hertzian in the Bordeaux area. 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
The editor
The publisher is an anonymous company with a capital of 101 346 €, named TV7 Bordeaux, registered on 22 October 1999 in the register of commerce and companies of Bordeaux, under number B 424 580 298. Its head office is located at 73 Thiers Avenue, in Bordeaux (33100).
The amount and composition of the company's capital are listed in Annex 1.
The copy of the specific convention of objectives and means concluded between TV7 Bordeaux and the Aquitaine region, defining relations with the service publisher is set out in Annex 2 to this Convention.
The publisher shall inform the Council as soon as possible of any changes to the data contained in this Agreement. Item
The publisher may not, unless specifically authorized, 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 (adopted on 24 December 2001 Terrestrial digital terrestrial television setting Signal characteristics issued) 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 recognised standards shall be transmitted to the Council. The evolution of the interactivity engine, or the changes of this engine, shall be the subject of information of the Council.
The publisher undertakes to exploit the service itself for the duration of the authorisation under the conditions laid down 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 Commission in confidence.
II. -GENERAL OBLIGATIONS
Article 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 Commission 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 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 transmit at the request of the Council, for each period indicated by the latter, the statement of the hours of intervention of political, trade union and professional figures.
Item 2-3-2
Public Life
The publisher's program is to:
-do not incite dangerous, delinquent or incivic practices or behaviors;
-respect the different political, cultural and religious sensitivities of the public;
-do not encourage behaviour Discrimination on the grounds of race, sex, religion or nationality;
-promoting the values of integration and solidarity that are those of the Republic and combating discrimination;
-taking into account, In antenna representation, the diversity of origins and cultures;
- To comply with Council deliberation n ° 2008-51 of 17 June 2008 on the exposure of tobacco products, alcoholic beverages and illicit drugs to the broadcasting and television services.
Article 2-3-3
Human Rights
The publisher may not enter into 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 broadcast Infringing on the dignity of the human person as defined by law
It respects the rights of the individual in relation to his or her private life, image, honour and reputation as defined by law and jurisprudence.
In particular, he shall:
-with restraint in the dissemination of images or testimonials that can humiliate people;
-that complacency is avoided in evoking human suffering, and any treatment Defying the individual or bringing it to the rank of object;
-the fact that the testimony of individuals on facts pertaining to their privacy is collected only with their informed consent; and
-the participation of non-professionals in Plate, play or entertainment programming is not accompanied by any waiver of Their share, irrevocably or for an indefinite period of time, 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 antenna, outside the advertising screens, 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 an impediment to this process;
-pluralism is ensured by presenting the various theses in Presence, in particular by ensuring that the parties or their representatives are able to make their views known.
Article 2-3-10
Producer Information
The publisher informs producers, at The occasion of the agreements it concludes 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 Council shall be kept informed of any changes to it.
The Committee shall draw up a semi-annual review. It can be consulted at any time by the publisher. The Commission may seek its opinion.
IV. -PROTECTION OF CHILDREN AND ADOLESCENCE
Article 2-4-1
Reporting and Classification of Programs
The publisher follows Recommendation No. 2005-5 of 7 June 2005 of the Commission 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 under 18 years of age and Pornographic or very violent programmes Reserved for an informed adult public that are likely to impair the physical, mental or moral development of 18-year-olds, are subject to a total ban on broadcasting
TV7 Bordeaux is a full-time local television service. The daily duration of the program is 24 hours a day.
The publisher spends at least one daily hour on information programs dealing only with the Bordeaux area, while ensuring a balanced distribution of the volume Information disseminated between the various sectors of this zone (Bordeaux, Blaye, Libourne Saint-Emilion, Langon, Arcachon, ...).
This time includes a television news of a minimum duration of ten minutes concerning only the area of Bordeaux. It is programmed in the first broadcast exclusively in the zone where the service is authorized, between 18 hours and 20 hours, by a minimum of thirty minutes.
This daily hour is broadcast on 44 weeks per year. The publisher shall communicate to the Council 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, its department, the boundary departments and the administrative region to which it belongs.
This group (daily information program time and Local or regional programming) is at least, each Week, half the air time of the service and is broadcast between 6 a.m. and midnight.
The publisher must retain editorial independence in all circumstances. Therefore:
-the broadcast programs must include the identification of the authorized service;
-whether programming schedules are imposed on the editor by one or more program providers, the programs provided (with the exception of The daily information programme 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 air time of the service on a daily basis.
A programme schedule appears, at Guideline, in Appendix 4.
Article 3-1-2
Communication Institutional
The publisher is authorised to programme, for remuneration or other consideration, programmes of institutional communication when they are not coming from political parties or groups, trade unions, groups Denominational or philosophical, or businesses that fall under the economic sectors for which the advertising is subject to a legislative or regulatory ban.
Institutional communication programs are placed under the Responsibility of the publication director who is submitted To the provisions of 6, 93-2 and 93-3 of Law No. 82-652 dated July 29, 1982, as amended.
They must be the subject of contracts The publisher shall communicate to the Council, within one month of their signature, accompanied by the tariffs if these emissions give rise to remuneration.
They shall be broadcast with a specific generic start and end of issue, clearly indicating The identity of the organizations that are the source of the information. 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 Commission's recommendation 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 One element of this one.
Item 3-1-7
Teleshoping, voyance, gambling, and chance
The publisher does not broadcast a teleshopal program.
The publisher does not broadcast a vowel or gambling program and Chance.
Item 3-1-8
Product Placement
The editor respects the Commission's release on product placement in television services programs.
Item 3-1-9
Communications Business for a gambling and gambling operator
The publisher respects the Commission's deliberation on the conditions for broadcasting, by television and radio services, of commercial communications to a legally authorized gambling and gambling operator.
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 the 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 concerning 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
Broadcasting of European cinematographic works and original French expression
In accordance with provisions of I of Article 7 of Decree No. 90-66 of 17 January 1990 , modified, in the total annual number of Broadcasts and replays of long-term cinematographic works, at least 60 % in circulation Of European works and 40 % in the dissemination of works of original French expression, within the meaning of Articles 2, 3, 5 and 6 of the same decree.
These proportions must also be respected 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. -Related data
Article 3-4-1
Definition of associated data
Data is associated with data that is intended to enrich and supplement the main program of the television service, within the meaning of Article 2 of the The law of September 30, 1986 as amended.
The publisher of the television service has editorial responsibility for the associated data.
They are subject to the stipulations of articles 3-4-2 to 3-4-8.
Article 3-4-2
Language French 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
Ethical 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 in the Commission's recommendation to the publishers of services 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 any discrimination on the grounds of race, sex or nationality, any scene of violence and any incitement to conduct harmful to health, to the 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 Council. 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
The Editor informs Immediately the Council of any change in the amount of social capital and any change in the distribution of 1 % or more of the share capital or voting rights of the holding company. The amendment shall be assessed in relation to the last distribution communicated to the Council.
It shall inform the Council, 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 amendment is appreciated in relation to the last distribution communicated to the Council. 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 Council, 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 material before the Board in accordance with 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 Council 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 an editor of a television service authorized by the Commission.
Article 4-1-2
Economic Information
The editor passes to the Council, within one month of 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 Communicate to the Commission 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 Council, the documents referred to in Article L. 232-2 of the same code.
It shall transmit to the Council, at its request, the annual balance sheets and annual reports of each of the corporate shareholders holding For their own account at least 5 % of its capital.
It shall communicate for information to the Council, in the context of the annual report provided for in Article 4-1-4 of this Convention or at the express request of the Council, in addition to the table of subsidiaries and Shareholdings, published characteristic data on the activity of companies Subsidiaries or sub-subsidiaries that are significant in terms of the assets or results of the holding company or the group.
In the course of carrying out its tasks, the Commission may ask the publisher to provide it, as Confidential, information on diversification activities that itself, or one of its subsidiaries, develops in the sectors of culture and communication and revenue generated by these activities.
If it does not have a single activity The edition of the television service covered by this Agreement, The publisher shall also communicate analytical accounting elements, validated by an auditor, to distinguish the turnover generated by each of the services it publishes.
Article 4-1-3
Control of Programs
The publisher communicates their pre-programs to the Commission within a reasonable period of time before they are released.
It keeps at least four weeks of recording of broadcast programs as well as program drivers Corresponding. The Council 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 Article 19 of the Act of 30 September 1986 as amended, the publisher shall communicate to the Council all information that the latter 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 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, transmit to the Commission the hearing studies
It shall communicate annually to the Council by 31 March at the latest Report on the conditions for the implementation of its obligations and commitments relating to programmes for the previous 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
Resumption of another service's programs
The publisher shall, within eight days of their conclusion, communicate to the Commission all agreements made for full recovery or Part of another television service.
II. -CONTRACTUAL PENALTIES
Article 4-2-1
Home
The Commission 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 Act of September 30, 1986, as amended; and
2. The suspension for one month at most of the edition, broadcast or distribution of the service, of a program category, Part of the programme or of one or more advertising sequences;
3 ° The reduction in the duration of the authorisation for the use of frequencies within the limit of one year.
In the event of a new violation of the provisions of this agreement having Given a sanction, the Council may impose a sanction Monetary amount that cannot exceed the prescribed limit for 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 failure to comply with the provisions of This Convention, the Council may order the insertion in the programmes of a communiqué of which it lays down the terms and conditions, in accordance with the provisions of Article 42-4 of the Law of 30 September 1986 as amended.
Article 4-2-4
Procedure
Contractual penalties mentioned 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
Nothing in this Agreement shall prevent The applicable legislative and regulatory provisions are applicable to the publisher.
Any legislative or regulatory change applicable to the service will result in a review of the agreement as
. May also be amended by mutual agreement between The publisher and the Council.
Article 5-2
Communication
This Agreement is an administrative document that any person may request a copy to the Commission, pursuant to 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 Director General,
T. Guillemot
For the Audio-Visual Higher Council:
The President,
O. Schrameck
Appendix 1
Amount, Composition of Capital and Distribution of Company Voting Rights At the signing of the agreement
The share capital of the TV7 Bordeaux company is 101,346 euros, divided into 6,650 shares of 15.24 euros each.
The distribution of capital is as follows:
| Southwest Group SA | 5 527 | 83.118 % |
| SBCIC | 1 009 | 15.17 % |
| CM-CIC Capital finance | 91 | 1.37 % |
| Digivision | 16 | 0.24 % |
| Congress and Exhibitions Bordeaux | 4 | 0.06 % |
| CREPAC Aquitaine | 2 | 0.03 % |
| VINEXPO | 1 | 0.018 % |
| Total | 6,650 | 100 % |
Appendix 2
Agreement for objectives and means between TV7 Bordeaux and the Region Aquitaine
Copy of the specific convention of objectives and means concluded between TV7 Bordeaux and the Aquitaine region is available to the Conseil supérieur de l' audiovisuel
Appendix 3
Ethics Board Membership
The composition of the committee of experts to ensure that the principle of pluralism is respected is as follows:
Pierre Sadran, former director of the Bordeaux IEP;
Marcel Desvergne, vice-president of l' Association nationale des acteurs de l' Ecole (ANAE);
A representative of the Ecole Nationale de la Magistrature (ENM).
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
