Key Benefits:
Top Council of Audio-visual,
Given the Act No. 86-1067 of 30 September 1986 on freedom of communication, in particular Articles 25, 28 and 30-1;
Seen Decree No. 90-66 of 17 January 1990 , as amended The application of Act No. 86-1067 of 30 September 1986 and laying down general principles concerning the dissemination of cinematographic and audiovisual works for the Television publishers;
Seen decree n ° 92-280 of 27 March 1992 modified for the application of articles 27 and 33 of Act No. 86-1067 of September 30, 1986 and laying down general principles defining obligations Publishers of advertising, sponsorship and tele-shopping services;
Seen Decree n ° 2010-747 of 2 July 2010 on the contribution to production Cinematographic and audiovisual works of terrestrial television broadcasting services;
In view of the Decree of 24 December 2001 on terrestrial digital terrestrial television setting out the characteristics of the signals emitted and The Decree of 27 December 2001 on the characteristics of the Reception facilities for terrestrial digital terrestrial broadcast services;
In light of Decision No. 2005-30 of 18 January 2005, as amended, authorizing the network management company R 1 (GR 1) to use a radio resource for the Multiplexing of the programmes of the terrestrial terrestrial television service publishers in digital mode of the R 1 network;
In view of Decision No. 2012-522 of 26 June 2012 on a call for applications for the edition of private services Local television broadcast in clear by terrestrial terrestrial in the area of Nancy;
Due to the deliberation of July 25, 2006, as amended by the Board of Governors of the Audiovisual Council on the setting of the rules for the sharing of radio resources for terrestrial digital terrestrial television multiplexes;
Seen Application for authorisation by Mirabelle TV and the application package accompanying it;
Given the agreement between the Audiovisual Council and Mirabelle TV on 11 May 2010, as amended by the Amendment No 2 of 4 February 2015;
The company was heard in public hearing on October 23, 2013;
After deliberation,
Decides:
Mirabelle TV is authorized to use the frequencies and transmitters referred to in Decision No. 2005-30 of January 18, 2005 for the purpose of The operation of a local private television service known as Mirabelle TV Nancy, broadcast in clear by terrestrial radio, in accordance with the conditions laid down in the agreement concluded between the Conseil supérieur de l' audiovisuel and the Mirabelle TV, in particular those of the Supplement No. 2 set out in the Annex to this Decision.
The Council may at a later stage, if the development of the television networks so require, substitute the channels indicated in other channels Allowing a receipt of equivalent quality.
The service is broadcast in a Standard format and not in a high definition format within the meaning of the December 24, 2001 Order. The share of the radio resource allocated to the service is fixed by the deliberation of 25 July 2006. However, the publisher may exchange contractually with one or more service publishers, 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 frequencies referred to in Decision No. 2005-30, for the operation of the Mirabelle TV Nancy service, Shall be allocated from the date of publication of this Decision in the Official Journal of the French Republic.
If, within six months of that date, the company has not started the effective operation of the service, the Council may declare this authorisation lapsed.
The radio resource authorization term is set to May 10, 2020.
The Radio resource is shared with other audiovisual communication services.
It is intended to transmit the necessary binary flows for the video component and the sound components of each program, the data Associated, service information, information about current and subsequent events (including crossover between multiplex), information necessary for access control systems, and upload or release feeds Day to receive terminals.
This decision will be notified to Mirabelle TV and published in the Official Journal of the French Republic.
ANNEXEAVENANT NO 2 TO THE CONVENTION CONCLUE MAY 11, 2010 BETWEEN THE SUPERIOR COUNCIL OF THE AUDIOVISUAL HEARING ON BEHALF OF THE STATE, OF A PART, AND THE MIRABELLE TV SOCIETY, FROM OTHER PART
Between the Audio-Visual Superior Council Acting on behalf of the State and Mirabelle TV, it was agreed as follows:
Article 1
The second subparagraph of Article 1 (1) (purpose of the Convention) of the Convention of 11 May 2010 is replaced by the The following stipulations:
"Mirabelle TV is a local terrestrial broadcast television service in the fields of:
" -Metz, Verdun, Forbach, Longwy and Sarreburg;
" -Nancy, Toul, Lunéville, the natural park of Lorraine and Baccarat. "
Article 2
Before the last paragraph of Article 1-2 (editor) of the same Convention, a new paragraph shall be inserted as follows:
" The copy of the specific conventions of objectives and means concluded between the company and Of the territorial authorities, defining the relations between the publisher of the service shall be annexed, where appropriate, to this Convention. "
Article 3
In article 2-1-2 (territorial coverage) of the same convention, the words:" In numeric mode " Deleted.
Article 4
The fifth paragraph of article 2-3-3 (public life) of the same convention is supplemented by the following words:
"and combat discrimination;"
Article 5
Section 3-1-1 (programming) of the same agreement is replaced by the following stipulations:
"Article 3-1-1: Nature and duration of programming
" I.-Mirabelle TV is a local television service on time Complete. The daily duration of the program is 24 hours a day.
"The continuously appearing string on the antenna is:
" - "Mirabelle TV in the area of Metz, Verdun, Forbach, Longwy and Sarreburg;
" - "Mirabelle TV Nancy in the area of Nancy, Toul, Lunéville, the natural park of Lorraine and Baccarat.
" II. -For each of the two zones defined in Article 1-1, the publisher shall devote at least one daily hour to information programmes dealing only with the area in which that time is broadcast. For each hour, it ensures a balanced distribution between the different sectors of the two zones, namely:
" -Metz, Verdun, Forbach, Longwy and Sarreburg;
" -Nancy, Toul, Lunéville, the natural park of Lorraine and Baccarat.
" For each of these two zones, this time includes a television news of a minimum duration of fifteen minutes concerning only the area of Metz and a television news A minimum of ten minutes for only the Nancy field.
" For each of the two fields, this time is scheduled for first broadcast only in the zone where the service is authorized, between 20:30 and 2230 hours, per slice Minimum of thirty minutes.
" These two daily hours are 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 these two hours of daily operation. Failing this, will be retained for the eight weeks of the summer period, i.e. weeks 27 to 34.
" III. -These two daily hours are complemented by local or regional programming devoted solely to subjects rooted in the social, economic, cultural and environmental life of the areas in which the service is authorized, of their Department, bordering departments and the administrative region to which it belongs.
" This set (daily time of information programs and local or regional programming) represents at least, every week, half of the Air time of the service and is broadcast between 6 hours and midnight.
" IV. -The publisher must keep editorial independence in all circumstances. Therefore:
" -broadcast programs must include identification of authorized service;
" -whether or not programming schedules are imposed on the publisher by one or more programme providers, the programmes provided (with the exception of the daily information programme referred to in the first subparagraph of II and the local programmes or Shall not exceed 30 % of the broadcasting time of the service on a daily basis.
" A programme schedule is provided for guidance in Annex 3. "
Article 6
The last paragraph of article 3-1-5 (ad) of the same convention is replaced by the following stipulations:
" The editor respects deliberation n ° 2011-29 of 19 July 2011 of the Council on the technical characteristics of the sound intensity of television programmes and commercials. "
Article 7
Article 3-1-7 of the same convention is replaced by the following stipulations:
" Article 3-1-7: Teleshopal, voyance, gambling, and chance
" The editor does not broadcast any Teleshopal.
" The publisher does not broadcast a vowel or gambling or gambling program. "
Article 8
It is added to the same convention two new articles, numbered 3-1-8 and 3-1-9, respectively:
" Article 3-1-8: Product Placement
" The editor respects the Deliberation of the advice on product placement in television services programs.
" Article 3-1-9: Commercial communications in favour of a gambling and gambling operator
" The publisher respects the Council's deliberation on the conditions for broadcasting, by television and radio services, of communications Business in favour of a legally authorized gambling and gambling operator. "
Article 9
Article 3-2-1 of the same Agreement is replaced by the following stipulations:
" Article 3-2-1: Dissemination of audiovisual works
" In accordance with the provisions of Article 13 of Decree No. 90-66 of 17 January 1990 amended relating to the broadcasting of cinematographic and audiovisual works on television, the publisher reserves, in the total annual time devoted to the broadcasting of audiovisual works, at least 60 % of the dissemination of works European and 40 % to the dissemination of works of expression In accordance with Articles 4, 5 and 6 of the same Decree.
" In accordance with the provisions of Article 14 of the same decree, these proportions must also be respected during prime time. These hours are those of the actual dissemination of the service. "
Article 10
Article 3-2-2 of the same Agreement is replaced by the following stipulations:
" Article 3-2-2: Production of Audiovisual Works
" The Publisher does not reserve more than 20 % annually The broadcasting time of the service to audiovisual works. As such, it is not subject to the obligations laid down in the amended Decree n ° 2010-747 of 2 July 2010 concerning the contribution to the production of works Cinematographic and audiovisual television services terrestrial.
" If the publisher reserves annually more than 20 % of the broadcasting time of the service to audiovisual works, the contribution obligations to the Development of audiovisual production are then applicable and a rider Is concluded in order to provide for these obligations in accordance with the same Order. "
Article 11
IV (related data) of Part Three (Specific stipulations) of the same Agreement is replaced by the following stipulations:
" IV. -ASSOCIATED DATA
"Article 3-4-1: Defining Related Data
" Comes data associated with data that is intended to enrich and supplement the main program of the television service, within the meaning of Section 2 of the Act of 30 September 1986 as amended.
"The publisher of the television service shall exercise editorial responsibility for the associated data.
" They shall be 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 related data.
" The publisher respects, for the data Related, French Intellectual Property Legislation.
" Article 3-4-3: Deontological obligations
"With the exception of Articles 2-3-1 and 2-3-11, the provisions of the convention relating to ethical obligations apply to related data.
" In these data, the publisher ensures fairness in Pluralistic expression of currents of thought and opinion.
" Article 3-4-4: Protection of the young public
" The publisher classies the associated data according to the five categories of programs provided for by the recommendation of the Board to the television services publishers concerning the identification of youth and
"These data are proposed with the pictogram corresponding to their category.
" The editor may not propose any associated data belonging to other categories other than those for which the service TV is allowed.
" During the broadcast of programs for the Youth, or in the vicinity of youth, the publisher ensures that minors are not encouraged to consult associated data that may be sensitive to their sensitivity.
" Advertising messages or sponsorship sequences in favour of Reserved or intended for adults are not proposed until midnight and after five o'clock in the morning.
" Article 3-4-5: Business Communication
" The commercial communication within associated data must conform to the requirements of truth, 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 prejudicial to health, to The safety of persons and property or the protection of the environment.
"It shall not contain any element that offend religious, philosophical or political beliefs.
" It shall be designed in accordance with the interests of the Of consumers and shall not cause moral or physical harm to minors.
"It must be easily identifiable as such.
" Article 3-4-6: Commercial communications in favour of a gambling and gambling operator
" The dissemination of related data in the form of commercial communications in favour of game operators, as defined in section 7 of Law n ° 2010-476 of May 12, 2010, is prohibited during the broadcast of programs presented to minors as well as During the thirty minutes preceding and following the distribution of these programs.
"Item 3-4-7: Use of the radio resource by associated data
" The broadcast of associated terrestrial terrestrial data takes place on the radio resource allocated to the television service That they enrich and supplement.
" The use of this resource is carried out in accordance with the rules laid down by the Board. In particular, it shall not have the effect of causing a perceptible reduction by the viewer of the quality of the main program.
"Article 3-4-8: Contractual Penalties
" Sections 4-2-1 to 4-2-4 apply to: Associated data. "
Article 12
After the 2nd paragraph of Article 4-1-2 (Economic Information) of the same Agreement, a new paragraph shall be inserted as follows:
" The publisher shall forward to the Board at the beginning of accounting an account of Forecast and then a financial statement of the profit and loss account at mid-year and end of year. "
Article 13
In the second paragraph of article 4-1-3 (program control) of the same convention, the words:" Three weeks " Are replaced by the words: " Four weeks ".
Article 14
It is inserted at the end of Article 4-1-4 (compliance information) of the same convention, a new paragraph worded as follows:
" It shall provide the Council with information Enabling it to ensure compliance with Articles 16 and 17 of Directive 2010 /13/EU of 10 March 2010, known as ' Audio-visual media services ".
Article 15
Article 4-2-2 of the Convention is replaced by the following stipulations:
" If the publisher does not comply with a formal notice, the Board may, taking into account the Seriousness of the breach, impose one of the following sanctions:
"1o A monetary penalty, under the conditions set out in section 42-2 of the Act of September 30, 1986, as amended;
" 2. The suspension for one month in addition to the edition, broadcast or distribution of the service, of a class of Programme, 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 case of a new violation of the provisions of this Agreement which gave rise to a sanction, the Council may impose a Pecuniary sanction, the amount of which cannot exceed the ceiling laid down in the case of repeated infringement of Article 42 (2) of the Act of 30 September 1986 as amended. "
Article 16
This amendment applies after its signature.
Done at Paris, in two originals, on February 4, 2015.
For Mirabelle TV Company:
The President,
B. Hertzog
For the Conseil supérieur de l' audiovisuel:
The President,
O. Schrameck
Done at Paris, February 4, 2015.
For the Audio-Visual Higher Council:
The President,
O. Schrameck
