Key Benefits:
On Conseil supérieur de l' audiovisuel,
In the light of Act No. 86-1067 of 30 September 1986 on freedom of communication, in particular Articles 25, 28 and 30-1 ;
In view ofarticle L. 4433-30 of the General Code of Territorial Communities ;
In view of the Order of 24 December 2001 Relating to digital terrestrial television Land fixing the characteristics of the signals emitted and the order of 27 December 2001 relating to the characteristics of reception facilities for services broadcast by terrestrial digital terrestrial television;
Given Decision No. 2010-248 of 16 March 2010 authorizing 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;
Seen decision n ° 2010-743 of 5 October 2010 relative The frequencies and sites for terrestrial terrestrial broadcasting in digital mode of television services on the OM 1 network in the Department of Martinique;
In view of Decision No. 2014-164 of 9 April 2014 on an appeal to the Applications for the publishing of a local community community television service broadcast in digital mode by terrestrial radio in digital mode in the Department of Martinique;
In view of Decision No. 2014-599 of 17 December 2014 on the List of eligible candidates in the context of the call for applications under the Decision No. 2014-164 of 9 April 2014 for the edition of a local community-based community television service broadcast in digital mode by terrestrial radio in digital mode in the Department of Martinique;
Due to 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;
Seeing the referral to the Regional Council of Martinique in Date of 15 January 2015;
Given the agreement concluded on 28 July 2015 between the Conseil supérieur de l' audiovisuel et l' Association pour le développement des techniques modem de la communication;
Vu le document " Signage profile for the broadcasting of digital terrestrial television services and ultramarine " The Senior Audiovisual Council whose latest version is published on its website;
The association having been Heard at public hearing on February 11, 2015;
After deliberation,
Decides:
The Association for the Development of Modern Communication Techniques is authorized to use the frequencies defined at Annex 1 to this Decision for the operation of a local local television service known as KMT broadcast over-the-air terrestrial in the Department of Martinique, as set out in Annex 1 to the Present decision and set out in the abovementioned Convention between the Conseil supérieur de l' audiovisuel et l' association pour le développement des techniques modernes de la communication, appearing in appendix 2 to this decision.
The duration of the authorisation shall be ten years from the publication in the Official Journal of the French Republic of this authorisation. If, within a period of three months from that date, the association has not started the effective operation of the service, the Council may declare this authorization.
The radio resource corresponding to ROM network 1 is shared by several audiovisual communication services. The amount of useful radio resources allocated to each authorized service on the multiplex is set out in the above amended discharge of 25 July 2006. It allows to determine, as a proportion of the total flow available on the multiplex, the bit rate, nominally allocated to each service, which contains the different flows constituting the latter, and allows the implementation of the necessary mechanisms to Its broadcast.
However, the editor can exchange contractually with one or more service editors, present within the same multiplex, a portion of the resource, and a corresponding proportional rate assigned to it in the Conditions under this same release.
The service cannot use the frequencies allocated to it for any use other than that provided for in this decision.
The Characteristics of the signals broadcast by the association are in accordance with the regulations in force as well as the abovementioned document establishing the " Signal profile for the broadcasting of the services of digital terrestrial television and ultramarine ". 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 Publication.
This Decision will be notified to the Association for the Development of Modern Communication Techniques and Published in the Official Journal of the French Republic.
ANNEXES
SCHEDULE 1
| Bellefontaine | Ventre on Earth | 61 | 2.5 W (1) | 40 H |
| Case-Driver | South of Agglomeration | 37 | 0.6 W (2) | 40 H |
| Fonds-Saint-Denis | Morne Cadets | 540 | 13 W (3) | 48 H |
| Fort-de-France | Morne Bigot | 486 | 1585 W (4) | 41 H |
| Grand' River | Beauséjour Housing | 179 | 5 W (5) | 33 H |
| Trinity | Morne Pavilion | 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 |
| Le Vauclin | Morne Beauséjour | Align="center"> 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 |
| Rivière-Pilote | 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 | The Chapel | 279 | 8 W (18) | 33 H |
| Schœlcher | Lahaye Fond | 174 | 1 W (19) | 31 H |
| Bellefontaine | Boucher Fond | 126 | 1 W (20) | 33 H |
| a) The maximum PAR is equal to the minimum PAR. (1) PAR of 2.5 W in the area between the azimuth directions 325 ° and 145 °. (2) PAR of 0.6 W in the direction of azimuth 45 °, 0.5 W in the direction Of azimuth 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) by 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 azimuth 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 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 of 200 W in the direction of azimuth 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 azimuth Direction of azimuth 170 °, BY 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) PAR of 1 W in the direction of azimuth 175 °. (20) PAR of 1 W in the direction of azimuth 175 ° |
The CSA can later, if the development of the television networks requires it, substitute the specified channels of other channels for quality reception Equivalent.
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 recipient will forward the results of this audit to the APF
ANNEX II
AGREEMENT BETWEEN THE COUNCIL SUPERVISOR OF THE AUDIOVISUAL AND THE ASSOCIATION FOR THE DEVELOPMENT OF MODERN TECHNIQUES FOR COMMUNICATION CI-AFTER THE EDITOR IN RESPECT OF THE KMT TELEVISION SERVICE
The responsibilities and commitments of the publisher Are derived from the general principles of Law n ° 86-1067 of 30 September 1986 on freedom of communication, including respect for the dignity of the human person, the protection of children and Adolescence, 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 film and audiovisual production and creation National, defence and illustration of language and culture French.
On the basis of the provisions of sections 28 and 33-1 of this Act, the parties have agreed to the following provisions.
The purpose of this Convention is to lay down the rules Applicable to the service known as the KMT, as well as the powers that the Conseil supérieur de l' audiovisuel holds to ensure compliance with the obligations of the publisher.
KMT is a local television service broadcast in clear by way Terrestrial hertzienne in the department of 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
Editor
The editor is an association governed by the law of 1901, named " Association for the Development of Modern Communication Techniques, declared in the prefecture of Martinique on 17 November 1983 (publication in the Official Journal of 1 December 1983). Its head office is located at 7, Renéville, 97200 Fort-de-France, Martinique.
In Appendix 1:
-the composition of the association's office;
-copies of the objectives and means conventions that the publisher signed with the Territorial communities;
-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 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 Programming schedules, pre-announced programming schedules.
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 links, 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 a strictly informative character. 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, remarks 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 " Ethical obligations ", with a view to ensuring compliance.
Article 2-3-11
Specific Commitments
A committee of independent individuals is made up of the publisher to supervise all
composition of this committee is set out in Annex 2 to this Convention. The Board shall be kept informed of any changes to it.
The Committee shall establish a semi-annual review. It can be consulted at any time by the publisher. The Board may seek its advice.
IV. -PROTECTION OF CHILDREN AND ADOLESCENCE
Article 2-4-1
Reporting and Classification of Programs
The publisher follows Recommendation 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 2:30 p.m.;
-that for Category III programs established at 8.30 p.m. in item 3 is set at 20 hours;
-that for programs of Category IV established at 10.30 p.m. in item 3 is set at 22 o'clock.
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 physical development 18-year-olds are subject to a total ban on broadcasting.
The entire broadcast program is designed or assembled by the editor.
KMT is a social and educational community television service. The daily programming time is twenty-four hours.
The weekly minimum weekly volume of local programming is twelve hours. These programs are broadcast at the best hours of the hearing (mid-day, early evening).
The locally produced programs consist primarily of local expression and information programming, educational programming, sports programming, Cultural, political, service or discovery, cultural and educational programs, as well as the work of the elected assemblies of the department and cultural and musical captions.
A newspaper Information of thirty minutes devoted to local news is distributed Monday to Friday as well as a 15-minute diary.
The publisher regularly broadcasts the public meetings of the local and regional authorities; the agreements with the local authorities to this effect are
These local programs can be complemented by programming rooted in the social, cultural and environmental life of the West Indies and Guyana.
The publisher agrees to retain full control The editorial content of the programs it produces or co-produces in conjunction with its Partners.
The publisher informs the Conseil supérieur de l' audiovisuel of the daily duration of its programme, as well as any changes. A program grid is provided as an indication in Appendix 3.
Article 3-1-2
Institutional Communication
The publisher is authorized to program, for remuneration or other consideration, communication programs Institutions, if they come from political parties or groupings, trade unions, faith-based or philosophical groupings, or undertakings which fall within the economic sectors for which the advertising is the subject of a Legislative or regulatory prohibition.
Emissions from Institutional communication shall be placed under the responsibility of the Director of the Publication who shall be subject to the provisions of Articles 6, 93-2 and 93-3 of Law No. 82-652 dated July 29, 1982.
They must be the object of contracts that the editor communicates to the In the month following their signature, accompanied by the tariffs if these programs give rise to remuneration.
They are issued with a specific starting and ending credits, clearly indicating the identity of the organizations that Are originally. For local and regional authorities, the signatures to the generic are those of the legal entity (commune, department, region). Elected personalities or assemblies may not be signatories.
The daily duration of all such broadcasts (broadcast and rebroadcast) does not exceed one hour.
These broadcasts have an informative vocation to present the Activities of the organizations that have access to them.
They may not contain any advertising or promotional character in favour of a product or service.
When it comes to the emissions of the local authorities and their emanations, they May not contain any promotional character in favour of the Elected representatives or political groupings of elected assemblies. They must comply with the provisions of Article L. 52-1 of the Election Codein its application periods.
Article 3-1-3
Territorial Community TV Funding
The publisher follows the recommendation of the Board of January 4, 2007, on the funding of television programs by communities Territorial.
Item 3-1-4
Access Program for people who are deaf or hard of hearing
The publisher endeavours, to the extent of its technical and financial possibilities, to develop programmes for persons who are deaf or hard of hearing. It shall inform the Council, in its performance report of the obligations, of the efforts made each year.
Article 3-1-5
Advertising
Advertising messages shall be inserted in accordance with the conditions laid down in Article 73 of the Law Of 30 September 1986 as amended and by the amended Decree No 92-280 of 27 March 1992 laying down the general principles defining the obligations of the publishers of services in respect of Advertising, sponsorship and tele-shopping.
Time spent The broadcast of advertising messages shall not exceed twelve minutes 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
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, within the meaning of Article 4, 5 and 6 of the same decree, at least 60 % of the dissemination of European works and 40 % in the dissemination of works of original French expression.
In accordance with the provisions of Article 14 of the same decree, these proportions must also be respected On prime time. These hours are those from Wednesday between 14 hours and 23 hours, and the other days of the week, between 18 hours and 23 hours.
Item 3-2-2
Production of Audiovisual Works
The editor does not reserve Annually more than 20 % of the broadcasting time of the service to audiovisual works. 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 for the broadcasting of the service to audiovisual works, the contribution obligations to development Of the audiovisual production are then applicable and a rider Is concluded in order to provide for these obligations in accordance with the same Order.
Article 3-2-3
Relations with Producers
The publisher is committed to ensuring equal treatment between producers of audiovisual works and To promote free competition in the production sector.
It undertakes that the contracts it concludes for the acquisition of broadcasting rights, accompanied where appropriate by co-production shares, include a list of the media and Operating modes, 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
The publisher does not broadcast cinematographic works.
Article 3-3-2
Overview of Feature Film
If the publisher presents the current affairs of the cinematographic works released in the exhibition space, he undertakes to ensure that this presentation is
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
Article 2-2-2 on the use of the French language in television service programs applies to the associated data.
The publisher respects French property law for the associated 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
Article 4-1-1
Evolution of the Association's Governing Bodies
The Editor Shall immediately inform the Council of any change in the composition of the governing bodies of the Association.
If the material before the Board appears to it to raise difficulties with regard to the provisions of Article 42-3 of the The law of 30 September 1986, as amended, informs the publisher in
It shall inform the Council of the name of the legal representative (s) of the association and of the director of the publication within the meaning of Article 93-2 of the law of 29 July 1982 as amended. This information shall also be brought to the attention of the Council in the event of change.
Amendments to the information of the High Audiovisual Council pursuant to the preceding paragraphs shall give rise to the approval of this Last.
The approval of the Conseil supérieur de l' audiovisuel must be exported. The Board shall act within a maximum of two months after it has obtained all the necessary elements for its instruction.
Article 4-1-2
Economic Information
The publisher shall forward to the Board within one month Signing, contracts of objectives and past means, underArticle L. 1426-1 of the General Code of Communities Territorial, with the communities involved.
It Shall also, within one month of their signature, forward contracts for institutional communication with a territorial community.
The publisher shall forward to the Board, within six months after the close of each fiscal year, the The balance sheet, the profit and loss account and the annex to the publisher association, as well as the management report of that association.
If it does not have the sole activity of publishing the television service covered by this Convention, it shall Also communicates analytical accounting elements, validated by a Accounts commissioner, to distinguish the revenue obtained by each of the services it publishes.
Article 4-1-3
Program Control
The publisher communicates its foreprograms to the Board within a time frame
It shall keep at least four weeks at least one recording of the broadcast as well as the corresponding program 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 statutory and regulatory obligations
The communication of the data shall be in accordance with the standards and procedures defined by the Board, after consultation with the publishers.
The publisher shall communicate to the Board at its request And on a confidential basis, information relating to the cost and financing of programs other than cinematographic and audiovisual works.
It shall transmit to the Board, at its request and in confidence, the hearing studies that it
It communicates annually to the Board by March 31, at the latest Report on the conditions of performance of its obligations and commitments with regard to programmes, for the previous financial year
It shall provide the Council with information enabling it to ensure compliance by the publisher of Articles 16 and 17 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 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 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 fiscal.
Done at Paris, in two originals, July 28, 2015.
For the editor:
The President,
R. Laouchez
For the Audio-Visual Higher Council:
The President,
O. Schrameck
Appendix 1
COMPOSITION OF THE OFFICE OF THE ASSOCIATION TO THE SIGNATURE OF THE CONVENTION
Chair: Mr. Roland LAOUCHEZ.
Treasurer: Mr. Charles MARAJO.
Secretary: Ms. Sylvie VITS.
DIRECTOR OF PUBLICATION
The Director of Publication, as defined inArticle 93-2 of Law No. 82-652 of 29 July 1982, is Mr. Roland LAOUCHEZ, President of the Association
Appendix 2
LIST OF MEMBERS OF THE INDEPENDENT PERSONALITIES COMMITTEE
René Legendri (President of the Order of Doctors of Martinique), remaining 9, rue du Gouverneur-Ponton, 97200 Fort-de-France;
Roland Suvelor (retired French teacher), remaining in the Marsan Demare building, rue du Professor-Raymond-Garcin, 97200 Fort-de-France;
Evelyne Billot (president of the high school of national defence in Martinique), remaining 2, rue de la Réjane, l' Entraide, 97200 Fort-de-France;
Yvette Laurent (social assistant), Staying Petits lizards, Le Diamant, 97200 Martinique.
Olga Ancette (President of the Federation of the Elderly), remaining c/s of FMAC, Emma Ventura Centre, former Schoelcher Road, 97200 Fort-de-France;
Léon-Laurent Valere (former Bar Association of the Bar Association and retired Magistrate), remaining Clairière, 97200 Fort-de-France
Appendix 3
PROGRAM GRILLES
This appendix is available at: Conseil supérieur de l' audiovisuel
Done in Paris, July 28, 2015.
For the Audio-Visual Higher Council:
The President,
O. Schrameck
