JORF n ° 0046 February 24, 2015, text no. 87 Decision No. 2015-57 February 4, 2015 for society Mirabelle TV to use a radio resource for the dissemination of the television service in local terrestrially in the area of Nancy NOR: CSAC1504573S ELI: not available the higher Audiovisual Council, saw the Act No. 86-1067 of 30 September 1986 on freedom of communication including its sections 25, 28 and 30-1;
Considering Decree No. 90 - 66 of 17 January 1990 modified taken for the application of Act No. 86 - 1067 of 30 September 1986 and laying down the General principles for the broadcasting of cinematographic and audiovisual works for the editors of television services;
See Decree No. 92-280 of 27 March 1992 amended taken for the application of articles 27 and 33 of Act No. 86-1067 of 30 September 1986 and laying down the General principles defining the obligations of publishers of advertising, sponsorship and teleshopping services.
Considering Decree No. 2010-747 July 2, 2010 relating to the contribution to the production of cinematographic and audiovisual of television services works broadcast terrestrially;
Given the order of December 24, 2001, relative to terrestrial over-the-air digital television setting the characteristics of the signals and the Decree of December 27, 2001, relative to the characteristics of the equipment of receipt of services broadcast terrestrially digital;
Given the decision No. 2005-30 January 18, 2005 changed allowing the company to network management R 1 (GR 1) to use a radio resource for multiplexing of the programs of the editors of television services terrestrially in digital mode of the R 1 network;
See decision No. 2012-522 June 26, 2012 a call for nominations for the edition of private local television services broadcast in clear terrestrially in the Nancy area.
Given the deliberation of July 25, 2006 amended of the Superior Council of the audiovisual relative to setting the rules of sharing the radio resource for the multiplex to digital television terrestrial land;
Saw the application presented by the Mirabelle TV company and the application form accompanying it;
Given the convention concluded between the Broadcasting Council and the Mirabelle TV company on May 11, 2010, modified by Amendment No. 2 of February 4, 2015;
The company having been heard in public hearing on October 23, 2013;
After deliberating in, decides: Article 1 more on this article...
The Mirabelle TV company is authorized to use frequencies and transmitters on mentioned in decision No. 2005-30 January 18, 2005 for the operation of a private local vocation known as Mirabelle TV Nancy, broadcast television service in clear terrestrially, according to the conditions stipulated in the agreement concluded between the Supreme Audiovisual Council and society Mirabelle TV in particular those of rider No. 2 contained in the annex to this decision.
The Council may at a later date, if required by the development of the television networks, substitute for the indicated channels other channels allowing reception of equivalent quality.
The service is broadcast in a standard format and not in a format high definition in the sense of the order of 24 December 2001. The share of radio resource allocated to the service is set by the deliberation of July 25, 2006. However, the Publisher may exchange contract with one or more publishers services, present within the same multiplex, a part of the resource and a corresponding proportional flow which are attributed to him, in accordance with this same deliberation.
Article 2 the mentioned in decision No. 2005-30, for the exploitation of the Mirabelle TV Nancy service, are allocated from the date of publication of this decision in the Official Journal of the French Republic.
If, within a period of six months from that date, the company has not commenced the effective operation of the service, the Board may declare the authorization lapses.
Article 3 the term of the authorization of use of the radio resource is set to May 10, 2020.
Article 4 the radio resource is shared with other audiovisual communication services.
It is intended to convey the data rates necessary for the video component and components sound for each program, associated data, service information, information on the current and following events (including the intersection between multiplex), the information necessary for the systems of access control as well as the flow of download or update of the receiving terminals.
Article 5 this decision will be notified to the Mirabelle TV company and published in the Official Journal of the French Republic.
Annex ANNEXEAVENANT NO 2 to THE AGREEMENT MAY 11, 2010 BETWEEN THE COUNCIL SUPERIOR OF AUDIOVISUAL ACTING in THE NAME OF the STATE, of ONE PART, AND THE COMPANY MIRABELLE TV, of OTHER SHARE between the Supreme Council of audiovisual acting on behalf of the State and society Mirabelle TV, it was agreed the following: Article 1 paragraph 2 of article 1-1 (object of the convention) of the convention of 11 May 2010 above is replaced by the stipulations following: "Mirabelle TV is a local television service broadcast terrestrially in clear areas of: '-Metz, Verdun, Forbach, Longwy and Sarrebourg;
"- Nancy, Toul, Lunéville, the natural park of Lorraine and Baccarat."
Article 2 before the last paragraph of section 1-2 (Publisher) of the same convention, inserted a new paragraph thus written: "the copy of specific objectives and means agreements between the company and local authorities, defining the relationship between the Publisher of the service is annexed, as appropriate, to this convention."
Article 3 in article 2-1-2 (territorial coverage) of the same convention, the words: 'in digital mode"are deleted.
Article 4 the fifth paragraph of section 2-3-3 (public life) of the same convention is supplemented by the following words: "and to fight discrimination;"
Article 5 article 3-1-1 (programming) of the convention is replaced by the following provisions: "Article 3-1-1: Nature and duration of programming"i. - Mirabelle TV is a service of local television full-time. " The daily length of the program is 24 hours a day.
"The identification of the string appearing constantly on the air is: '-'Mirabelle TV' in the area of Metz, Verdun, Forbach, Longwy and Sarrebourg;
"-"Mirabelle TV Nancy"in the area of Nancy, Toul, Lunéville, the natural park of Lorraine and Baccarat. '" II. - For each two areas defined in section 1-1, the editor spends at least an hour daily to information programs dealing only with the area in which this time is broadcast. For each hour, it ensures a balanced distribution between different sectors of the two areas, namely: "-Metz, Verdun, Forbach, Longwy and Sarrebourg;
"- Nancy, Toul, Lunéville, the natural park of Lorraine and Baccarat. '" For each of these two areas, this time includes a newscast of a minimum duration of 15 minutes only for the area of Metz, and a newscast for a minimum of ten minutes only on the area of Nancy.
"For each two areas, this time is programmed in first broadcast exclusively in the area where the service is authorized, between 20.30 and 22.30, minimum 30-minute increments. '" These two hours a day are broadcast over 44 weeks per year. The Publisher shall communicate to the Council by registered letter with acknowledgement of receipt, before 1 September of each year, the numbers of eight weeks during which he does not broadcast these two hours daily. Otherwise, will be held the eight weeks of summer weeks 27 to 34.
"III.-these two daily hours are complemented by a local or regional programming only devoted to subjects rooted in life social, economic, cultural and environmental areas in which the service is authorized, their Department, adjacent departments and the administrative region to which it belongs. '" This set (daily hour of information programs and local or regional programming) represents at least every week, half of the airtime of the service and is broadcast between 6 a.m. and midnight.
"IV. - the Publisher must keep its editorial independence in all circumstances. Therefore: "-broadcast programs must include the identification of the service allowed;
"- whether programming schedules are imposed to the editor by one or more providers of programs, provided programs (with the exception of the daily time of the information programme referred to in paragraph 1, II and local programs or regional referred to in paragraph 1 of the III) cannot exceed 30% of the airtime of service daily. '" A program schedule is, for guidance, in annex 3. ' Article 6
The last paragraph of article 3-1-5 (advertising) of the convention is replaced by the following provisions: "the editor respects deliberation No. 2011-29 of July 19, 2011 of the Council relating to the technical characteristics of the loudness of programs and commercials from television."
Article 7 article 3-1-7 of the convention is replaced by the following provisions: "Article 3-1-7: teleshopping, clairvoyance, games of chance and money" the editor does not show teleshopping broadcast. «»»» The editor does not clairvoyance or gambling and gambling show broadcast. «Article 8 it is added to the same convention two new items, numbered respectively 3-1-8 and 3-1-9, so written: ' Article 3-1-8: Product Placement "the Publisher respects the Council deliberations on product placement in television services programs. «»»» Article 3-1-9: commercial Communications for an operator of money and games of chance "the Publisher respects the Council deliberations on the broadcasting conditions, by the services of television and radio, commercial communications for a gambling and of legally authorized gambling operator."
Article 9 section 3-2-1 of the convention is replaced by the following provisions: "Article 3-2-1: dissemination of audiovisual works «In accordance with the provisions of the I of article 13 of the Decree No. 90-66 of 17 January 1990 amended relating to the release of cinematographic and audiovisual works on television, the editor reserve, in the total time annually dedicated to the dissemination of audiovisual works»» at least 60% for the broadcasting of European works and 40% to the dissemination of works of French original expression within the meaning of articles 4, 5 and 6 of the same Decree.
"In accordance with the provisions of article 14 of the same Decree, these proportions must also be respected in the hours of prime time. These hours are those of the effective dissemination of the service. "Article 10 section 3-2-2 of the same convention is replaced by the following provisions:" Article 3-2-2: Production of audiovisual works "the editor reserves annually not more than 20% of the time of dissemination of the service for audiovisual works." As such, it is not subject to the obligations provided for by the Decree No. 2010-747 July 2, 2010 modified relative to the contribution to the production of cinematographic and audiovisual works of television services broadcast terrestrially.
"If the editor holds annually more than 20% of the time of dissemination of the service for audiovisual works, obligations to contribute to the development of audiovisual production will apply and a rider is concluded in order to provide these obligations in accordance with the order."
Article 11 the IV (associated data) of the third part (specific provisions) of the same convention is replaced by the following provisions: "IV. -DATA associated WITH "section 3-4-1: Definition of associated data" are associated data data that are intended to enrich and complement the main program of the television service, within the meaning of article 2 of the Act of 30 September 1986 as amended. «»»» The editor of the television service has responsibility editorial on the associated data.
"They are subject to the provisions of articles 3-4-2-3-4-8 '" Section 3-4-2: French language and respect for intellectual property "article 2-2-2, on the use of the French language in the service of television programs, apply to associated data. '" The Publisher respects, for related data, French legislation on intellectual property.
«Article 3-4-3: ethical Obligations "except for sections 2-3-1 and 2-3-11, the provisions of the convention relating to the ethical obligations apply to associated data. «»»» In these data, the Publisher ensures fairness in the pluralistic expression of currents of thought and opinion.
«Article 3-4-4: Protection of young audiences ' editor class data according to five categories of programs provided by the recommendation of the Board to the editors of television services regarding youth signage and the classification of programs. «»»» These data are offered along with the corresponding pictogram to their category.
"The editor may propose to data in other categories than the ones for which the television service is allowed. '" During the broadcast of programs for youth, or close to the latter, the editor ensures that minors are not encouraged to consult related data that could offend their sensibilities.
"Advertising messages or sequences of sponsorship for reserved or adult content are not available before midnight and after five o'clock in the morning. '" Section 3-4-5: commercial Communication "this commercial communication within the associated data must conform to the requirements of truthfulness, of decency and respect for the dignity of the human person. It may affect the credit of the State.
"It must be free from discrimination because of race, sex or nationality, of any scene of violence and all incitement to behaviors that are harmful to the health, the safety of persons and property or the protection of the environment. '" It must contain nothing would shock the religious, philosophical or political convictions.
"It must be designed in accordance with the interests of consumers and should not be a physical or moral harm to minors. '" It must be easily identifiable as such.
«Article 3-4-6: commercial Communications for an operator of games of chance and money "the dissemination of data associated with the form of commercial communications in favor of gambling operators, within the meaning of article 7 of law No. 2010-476 on May 12, 2010, is prohibited during the broadcast of programs presented as speaking to minors as well as during the thirty minutes preceding and following the broadcasting of these programmes. «»»» Section 3-4-7: use of the radio resource by associated data "the dissemination of data associated with terrestrially takes place on the radio resource allocated to the service of television that they enrich and complement. '" The use of this resource is done in accordance with the rules laid down by the Council. Should not have to result in a perceptible decline by the viewer of the quality of the main program.
"Section 3-4-8: contractual penalties"articles 4-2-1 to 4-2-4 apply to associated data.""
Article 12 after the 2nd paragraph of section 4-1-2 (economic information) of the same convention, inserted a new paragraph thus written: "the editor transmits to the Council at the beginning of fiscal year projected income statement and a financial statement of the results mid-year and year-end."
Article 13 in the second paragraph of section 4-1-3 (control program) of the same convention, the words: 'three weeks' are replaced by the words: "four weeks".
Article 14 it is inserted, at the end of section 4-1-4 (information on compliance with obligations) of the same convention, a new paragraph thus written: "it provides to the Council the information allowing it to ensure respect of articles 16 and 17 of directive 2010/13/EU on March 10, 2010, called 'Audiovisual Media Services'.»
Article 15 article 4-2-2 of the same convention is replaced by the following provisions: "If the editor does not notice, the Council may, in view of the seriousness of the breach, impose one of the following sanctions:" 1o a penalty, in accordance with article 42-2 of the amended Act of 30 September 1986; '»»» (2) the suspension for a month at most of the publishing, broadcasting or the distribution of the service, a category of program, part of the program or of one or several advertising sequences.
"(3) the reduction of the period of authorization of the use of frequencies in the limit of a year; '" New violations of provisions of the present convention which gave rise to the imposition of a penalty, the Board may impose a pecuniary penalty which the amount cannot exceed the ceiling laid down in the case of recidivism in article 42-2 of the Act of 30 September 1986 as amended. ' Article 16 this addendum applies from his signature.
Done at Paris, in two original copies, February 4, 2015.
Mirabelle TV society: president, B. Hertzog for the Council superior audiovisual: president, O. Schrameck fact in Paris, February 4, 2015.
For the higher Audiovisual Council: president, O. Schrameck