Key Benefits:
Audio-Visual Higher Council,
Seen Law n ° 86-1067 of 30 September 1986 on freedom of communication, in particular Articles 28 and 42-12;
In view of the decree of 24 December 2001 on the Terrestrial digital terrestrial television setting out the characteristics of the signals emitted and the decree of 27 December 2001 relating to the characteristics of reception facilities for services broadcast by terrestrial digital terrestrial radio;
Seen Decision of the Audiovisual Superior Council of 16 March 2010 as amended Authorising the company Overseas Network 1 (ROM 1) to use a radio resource for the multiplexing of the programmes of television services publishers broadcast by terrestrial terrestrial in digital mode of the OM network 1 in the Overseas departments;
In view of decision n ° 2010-743 of the Conseil supérieur de l' audiovisuel of 5 October 2010 on frequencies and sites for terrestrial over-the-air broadcasting in digital television services on the OM 1 network in the Department of Martinique;
Due to Decision No. 2010-761 of June 22, 2010 Authorizing the company HRTV SAS for the full and simultaneous digital version of the local generalist television service known as ATV Martinique broadcast in clear terrestrial radio in the department of Martinique;
Given the Deliberation of 25 July 2006 of the amended Supreme Audiovisual Council on the setting of the rules for the sharing of radio resources for terrestrial digital terrestrial television multiplexes;
In view of the judgment delivered by The Joint Court of Trade of Fort-de-France on 23 April 2013 Judicial remedy of HRTV;
In view of the judgment delivered by the Joint Court of Commerce of Fort-de-France of 28 October 2014, corrected by decision of 2 December 2014, authorising the conclusion of a lease-management for profit Of the company Media H Antilles Guyana;
In view of the leasing contract between the company Media H Antilles Guyana and Holding Radio Télévision on 30 December 2014;
In view of the agreement concluded between the Conseil supérieur de Audiovisual and the company Media H Antilles Guyana on 4 March 2015;
Considering that Clause 42-12 of the aforementioned Act of September 30, 1986 provides that, during the course of leasing-stewardship, the Board Superior of the audiovisual sector decides on the grant to the assignee of the authorisation to use the frequency out of call for applications;
After deliberating,
Decides:
Media H Antilles Antilles Guyana is authorized until March 31, 2015, without the possibility of renewal, to use the Frequencies set out in Annex 1 to this Decision for the operation of a generalist local private television service known as ATV Martinique, broadcast in clear by terrestrial radio in the Department of Martinique, Under the conditions laid down in Annex 1 and by the Convention as of 4 March 2015 In Appendix 2 of this authorization.
The radio resource is shared with other communications services Audiovisual. The amount of useful radio resource allocated to each authorized service on the multiplex is set in the above discussion on July 25, 2006. It is intended to transmit the necessary binary flows for the video component and the sound components of each program, the associated data, the service information, information relating to the current and subsequent events (including crossover between multiplex), the information required for access control systems, and the upload or update streams of receive terminals.
The service may not use the spectrum resources allocated to it for any use other than that provided for in this Decision.
The characteristics of the signals issued by the company are consistent with the Regulation in force as well as the document establishing " The services and the signalling profile for the broadcasting of digital terrestrial television " Developed within the technical committee of experts meeting under the aegis of the Conseil supérieur de l' audiovisuel. This document was approved by the Conseil supérieur de l' audiovisuel during the plenary session of 22 July 2008 and published on 10 October 2008 on its website. Any subsequent amendments to this document will be subject to the approval of the Senior Audiovisual Council, after consideration by the Technical Committee of Experts on Digital Earth Television, and will be Published.
The Company makes available to multiplex operators the signal data for the crossing, between the various multiplexes, of the information concerning the current emissions and the following emissions from its Service.
If the service requires an interactivity engine, the company Informs the board of the system it wishes to use, so that it can ensure compliance the provisions of the eighth paragraph of Article 25 of the above-mentioned Act of 30 September 1986. Specifications or references to recognized standards are referred to the Board. Changes to the interactivity engine or changes in this engine are also the subject of information from the board.
The This decision shall be notified to the company Media H Antilles Guyana and published in the Official Journal of the French Republic.
APPENDIX I
| Bellefontaine | Le Ventre à Terre | 61 | 2.5 W (1) | 40 H |
| Case Pilote | Southern Agglomeration | 37 | 0.6 W (2) | 40 H |
| Fond Saint Denis | Cadet Morne | 540 | 13 W (3) | 48 H |
| Fort de France | Morne Bigot | 486 | 1585 W (4) | 41 H |
| Grand' River | Beauséjour Habitation | 179 | 5 W (5) | 33 H |
| Trinity | Morne Pavillon | 223 | 501 W (6) | 33 H |
| Le Carbet | Morne Lajus | 133 | 2 W (7) | 31 H |
| Le Morne Vert | Morne Moulinguet | 487 | 5 W (8) | 31 H |
| Prêcheur | Coquette | 34 | 2.5 W (9) | 31 H |
| Vauclin | Morne Carrière | 224 | 1 W (10) | 43 H |
| Vauclin | Morne Beauséjour | 265 | 5 W (11) | 40 H |
| Fort De France | Clairière | 117 | 32 W (12) | 40 H |
| Macouba | Bellevue Habitation | 270 | 2.5 W (13) | 33 H |
| Morne Red | Aileron | 854 | 200 W (14) | 48 H |
| Driver River | Morne Aca | 291 | 25 W (15) | 30 H |
| Saint Joseph | Park Wood | 376 | 5 W (16) | 41 H |
| Saint Pierre | Morne Folie | 119 | 63 W (17) | 31 H |
| Sainte Marie | La Chapelle | 279 | 8 W (18) | 33 H |
| Schoelcher | Lahaye Fond | 174 | 1 W (19) | 31 H |
| Bellefontaine | Boucher Fond | 126 | 1 W (20) | 33 H |
| (1) PAR of 2.5 W in the area between azimuth directions 325 ° and 145 °. (2) PAR of 0.6 W in azimuth direction 45 °, 0.5 W in azimuth direction 90 °, 0.6 W in the direction of azimuth 145 °. (3) by 6.3 W in the direction Of azimuth 80 °, PAR of 13 W in the direction of azimuth 305 °. (4) PAR of 1.3 kW in the direction of azimuth 75 °, 1.6 kW in the direction of azimuth 345 °. (5) PAR of 5 W in the direction of azimuth 290 °. (6) PAR of 501 W in the direction Of azimuth 165 °, 501 W in the direction of azimuth 290 °. (7) Main Lobe of PAR 2 W between the azimuths 180 ° and 360 °. (8) PAR of 3.2 W in the direction of azimuth 90 °, PAR of 5 W in the direction of azimuth 290 °, PAR of 3.2 W in the direction Of azimuth 355 °. (9) PAR of 2.5 W in the direction of azimuth 80 °. (10) by 1 W in the Direction of azimuth 10 °, PAR of 0.6 W in the direction of azimuth 140 °, PAR of 0.6 W in the direction of azimuth 265 °. (11) PAR of 2 W in the direction of azimuth 20 °, PAR of 2 W in the direction of azimuth 120 °, PAR of 5 W in the direction Of azimuth 215 °. (12) PAR of 32 W in the direction of azimuth 40 °, 32 W in the direction of azimuth 175 °. (13) PAR of 1.6 W in the direction of azimuth 30 °, PAR of 2.5 W in the direction of azimuth 80 °, PAR of 2 W in the direction of azimuth 120 °, PAR of 1.6 W in the direction of azimuth 305 °. (14) PAR 200 W in the azimuth direction 65 °, 200 W in the direction of azimuth 180 °. (15) PAR of 13 W in the direction of azimuth 25 °, 10 W in the direction of azimuth 125 °, 25 W in the direction of azimuth 280 °. (16) PAR of 5 W in the direction of azimuth 170 °, PAR of 4 W in the direction Of azimuth 310 °. (17) PAR of 63 W in the direction of azimuth 145 °, PAR of 20 W in the direction of azimuth 330 °. (18) PAR of 8 W in the direction of azimuth 50 °, 8 W in the direction of azimuth 180 °, 8 W in the direction of azimuth 265 °. (19) by 1 W in the direction of azimuth 175 °. (20) by 1 W in the direction Azimuth 175 ° | ||||
The CSA can later, if the development of the television networks requires it, substitute the specified channels of other channels for receiving equivalent quality.
1. The Recipient is required to provide the following information to the CSA, which it will certify:
Information communicated within two months of implementation:
-installation technical description (emitter type and rated power, antenna system ...);
-maximum PAR and theoretical radiation diagram (H and V);
-date of commissioning;
-comprehensive reporting of Realization of offset, offset changes, channel changes, and other changes mentioned above.
Information communicated without delay if available:
-measured radiation diagram.
This information is due upon express request from the board.
2. In the event that the information referred to in 1 is subsequently amended, the beneficiary shall communicate to the CSA an updated version within one
. The Recipient is also required to provide the CSA with all information in its possession on the coverage of the issuer, in particular the results of the coverage measures performed in the service area.
4. If the CSA has found non-compliance with the technical requirements of the authorisation, the beneficiary shall be required to carry out, by a recognised organisation, an inspection of the conformity of its installation with the requirements set out in the Annex Authorization technique. The beneficiary shall transmit to the CSA the results of this audit.
AGREEMENT BETWEEN THE SENIOR AUDIOVISUAL COUNCIL AND THE MEDIA H ANTI-LLES GUYAN CORPORATION DESIGNATED THE EDITOR ON THE ATV TELEVISION SERVICE
The responsibilities and commitments of the publisher derive from the general principles laid down in the amended Act No. 86-1067 of 30 September 1986 relating to the Freedom of communication, in particular 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 information, the quality and diversity of programmes, the development of production and National cinematographic and audiovisual creation, the defence and illustration of the French language and culture.
On the basis of the provisions of Articles 28 and 33-1 of this Law, the parties have agreed on the Following stipulations.
The purpose of this Convention is to lay down the rules Applicable to the service known as ATV, as well as the powers that the Conseil supérieur de l' audiovisuel holds to ensure compliance with the obligations of the publisher.
ATV is a local television service broadcast in Clear by terrestrial terrestrial in the department of La Martinique. This service may be repeated in an integral and simultaneous manner by networks that do not use spectrum assigned by the board.
The nature and duration of the programming of the service is defined in section 3-1-1.
Article 1-2
Publisher
The publisher is a simplified capital stock company of € 500,000, called MEDIA H ANTILLES GUYANE, registered in the register of trade and companies of Fort de France, under number 807 857 438. Its head office is located in the California area, housing La Trompeuse 97 232 Le Lamentin.
In Appendix 1:
-the amount and composition of the social capital of the holding company;
-the list of social agents ;
-the name of the publisher.
The publisher shall inform the Board as soon as possible of any changes to the data contained in this article
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 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
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. Creole is used in some programs. 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 22 December 2004 for the application of article 20-2 of the Act of 30 September 1986 as amended.
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 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;
- Respecting the Council on the exhibition of tobacco products, alcoholic beverages and illicit drugs on the broadcasting and television services of the broadcasting and television services on 17 June 2008.
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 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 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 " Deontological obligations ", with a view to ensuring compliance.
Article 2-3-11
Specific Commitments
A committee of independent personalities is made up of the publisher to ensure that the Principle of pluralism.
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
identification and classification of programs
The publisher follows Recommendation No. 2005-5 of 7 June 2005 the Board of Directors of television services in respect of youth signage and the classification of programs.
By way of exception to this recommendation:
-the time constraint established at 22 hours in items 1, 3, and 5.2 is set at 9.30 p.m.;
-that relating to Category III programs established at 8.30 p.m. in Article 3 is set at 20 hours;
-that relating to programmes of Category IV established at 10.30 p.m. in Article 3 is set at 10 p.m.
Category V programmes, namely cinematographic works prohibited to minors under 18 years of age and pornographic or very violent programmes Set aside for an informed adult public that is likely to interfere with physical, mental or mental development Or moral of 18-year-olds, are subject to a total ban on broadcasting.
ATV is a full-time local expression television service. The daily duration of the program is at least 14:30 Monday to Friday and 18 hours on Saturday and Sunday.
The general features of the program are as follows:
(a) The program includes a minimum of 14 hours of local average weekly programming, first broadcast;
(b) Local programming consists primarily of information programs, economic magazines, sports, and Cultural, service or discovery, as well as youth and music programs;
(c) A twenty minute news log devoted to local news is broadcast daily at the beginning of the evening and redistributed at the end of the day Evening;
d) The publisher agrees to retain full control Editorial of the programmes it produces or co-produces in conjunction with its partners;
e) In addition to its local programme, MEDIA H ANTILLES GUYANE can resume programming of TF1, M6 and BFM TV, NRJ 12 and I-Télé.
f) The publisher undertakes not to broadcast programmes or retransmit shows or events of which he or she does not hold broadcast rights. "
The publisher agrees to retain the entire editorial control of the broadcasts Product or co-product in conjunction with its partners.
A Program Grid Figure, as an indication, in Annex 2.
Article 3-1-2
Corporate Communication
The publisher is authorized to schedule, for remuneration or other consideration, corporate communication issues as soon as possible. They do not come from political parties or groups, trade unions, faith-based or philosophical groupings, or undertakings which fall within the economic sectors for which the advertising is subject to a legislative ban or Regulatory.
Communications emissions Shall be placed under the responsibility of the Director of Publication who shall be subject to the provisions of Articles 6, 93-2 and 93-3 of Law No. 82-652 of 29 July 1982 as amended.
They shall be the subject of contracts that the publisher shall communicate to the Board within one month of their signature, together with tariffs, if such emissions result in remuneration.
Elles Are broadcast with a specific starting and ending credits, clearly indicating the identity of the organisms that are the source of the program. 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 per broadcast hour on average daily, without exceeding fifteen minutes for a given clock hour.
The publisher shall ensure a clear identification of the advertising screens in Programmes for young people. 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
Tele-shopping
The publisher complies with the teleshoping emission provisions set out in the Order No. 92-280 of March 27, 1992 , as amended, laying down general principles defining the obligations of service publishers with regard to advertising, sponsorship and teleshoping.
If the same property or service is presented in a programme of And in an advertising message, 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.
Item 3-1-8
Product Placement
The publisher respects the advice of the placement of the Product in television services programs.
Article 3-1-9
Commercial communications in favour of a gambling and gambling operator
The publisher respects the Board's deliberation on the conditions of Broadcast, by television and radio services, of Commercial communications for a legally authorized gambling and gambling operator.
II. -DISSEMINATION AND PRODUCTION OF AUDIOVISUAL WORKS
Article 3-2-1
Broadcasting of audiovisual works
The publisher reserves, in total annual time devoted to the broadcasting of audiovisual works, at least 60 % of the broadcasting time Of European works and 40 % in the dissemination of works of original French expression, as defined in Articles 4, 5 and 6 of Order No. 90-66 dated January 17, 1990, as amended.
In accordance with the provisions of section 14 of the Order, these proportions Must also be respected during prime time. These hours are between 18 hours and 23 hours, as well as Wednesday, between 14 hours and 6 p.m.
The program editor and broadcasts programs devoted to live arts and entertainment in the region. It promotes the dissemination of different forms of expression of local and regional cultural identity.
Article 3-2-2
Production of Audiovisual Works
Investment obligations in the production of works The provisions of Title I of Decree No. 2010-747 of 2 July 2010 concerning the contribution to the production of cinematographic and audiovisual works by terrestrial terrestrial television services.
Article 3-2-3
Producer Relations
The publisher undertakes to ensure equal treatment between producers of audiovisual works and to promote free competition in the production sector.
It is committed to the contracts it concludes for the acquisition of Rights of distribution, accompanied where appropriate by co-production shares, include a list of the media and modes of 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 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 total number Annual broadcasting and rebroadcasting of long-term cinematographic works, at least 60 % in the dissemination 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 Order in Council.
These proportions must also be respected during prime time. These hours are between 7.30 p.m. and 9:30 p.m.
Article 3-3-2
Quantum and Broadcast Grid
The editor has chosen to broadcast a number of different long-term and lower-or long-term cinematographic works each year. 52 without the total number of releases and rebroadcasts of any nature of these works exceeds 104.
In accordance with provisions of Article 3 of Decree No. 92-1188 of 5 November 1992, no long-term cinematographic work will be broadcast, on the one hand, on Friday evening, except for the works of " Club-club " Broadcast after 9:30 p.m., on the other hand, on Saturday, all day, and Sunday before 19:30.
Article 3-3-3
Media Timeline
Contracts entered into by the publisher for the acquisition of broadcast rights Cinematographic works shall provide for the period within which the dissemination of cinematographic works may be carried out.
Where there is an agreement between one or more professional organisations in the film industry and the publisher Time limits for one or more types of television operations Of cinematographic works, the time limits laid down in this agreement are binding on the publisher.
Article 3-3-4
Production of cinematographic works
The publisher shall not be subject to the obligations relating to the contribution of Presenters to the development of the production of cinematographic works.
Article 3-3-5
Overview of Feature Film
If the publisher presents the news of cinematographic works in the theatre Of programmes devoted to this event, he undertakes to ensure that This presentation is diverse.
IV. -DATA ASSOCIATED
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 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
The Editor informs Immediately the board 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 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 Deliver to the Board within six months after the The closure of each financial year, its balance sheet, results account and annexes, as well as its management report, as provided for in Item L 232-1 of the Commerce Code.
It also communicates the documents provided by 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 As provided for in Article 4-1-4 of this Convention or at the express request 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 results of the holding company or the Group.
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 sectors The culture and the communication and revenue generated by these activities.
Article 4-1-3
Program Control
The publisher communicates its foreprograms to the Board within a reasonable period of time before Broadcast.
It keeps four weeks at least one record of the emissions 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 a 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 30 September 1986, as amended;
2 the suspension for one month at most of the edition, distribution or distribution of the service, of a program category, Part of the programme or of one or more advertising sequences;
3. The reduction of the duration of the authorisation for the use of frequencies within the one-year limit.
In the event of a new violation of the provisions of this agreement having Given the imposition of a sanction, the Board 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 board.
Article 5-2
Communication
This Agreement is an administrative document that any person may request a copy to the Board, 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 Tax.
Done at Paris, in two originals, on March 4, 2015.
For Editor:
The President,
J.-M. Hegesippe
For the Conseil supérieur de l' audiovisuel:
The President,
O.Schrameck
Appendix 1
AMOUNT, COMPOSITION OF THE CAPITAL ON THE SIGNATURE OF THE CONVENTION
SAS Media H, with a capital of EUR 500 000 held 100 % by the company HMEDIA having the sole shareholder of the company JMH, 100 % owned by Mr Jean-Michel HEGESIPPE and his family.
Chair: Jean-Michel HEGESIPPE
The Director of the publication, within the meaning ofArticle 93-2 of Law No. 82-652 of 29 July 1982, is Mr. Jean-Michel HEGESIPPE, President of the Corporation
Done In Paris, March 4, 2015.
For the Conseil supérieur de l' audiovisuel:
The President,
O. Schrameck
