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Decision No. 2015-409 Of 4 November 2015 Authorizing The Company To Use A 2L Radio Resource For Editing A Local Focus To Private Television Service Broadcast Unencrypted Terrestrially In Digital Mode ...

Original Language Title: Décision n° 2015-409 du 4 novembre 2015 autorisant la société 2L à utiliser une ressource radioélectrique pour l'édition d'un service privé de télévision à vocation locale diffusé en clair par voie hertzienne terrestre en mode numérique ...

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JORF n ° 0273 of November 25, 2015
text # 50



Decision n ° 2015-409 of 4 November 2015 authorizing the 2L company to use a radio resource for l ' edition d ' a local private television service broadcast in clear by terrestrial terrestrial in mode Digital in community of Saint-Martin

NOR: CSAC1528038S ELI: Not available


Audio-Visual Higher Council,
Seen article LO 6253-7 of the Territorial Community General Code ;
Seen Law n ° 86-1067 of 30 September 1986 on freedom of communication, in particular Articles 25, 28 and 30-1;
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 on the characteristics of reception facilities for services broadcast by terrestrial digital terrestrial radio;
Given Decision No. 2010-248 of 16 March 2010 authorizing the company Réseau overseas 1 (ROM 1) to Use a radio-electric resource for the multiplexing of television service editors' programmes broadcast by terrestrial terrestrial in digital mode of the OM 1 network in the overseas departments;
In view of Decision No. 2011-151 of the February 2, 2011 on frequencies and sites for diffusion by way Terrestrial television in digital mode of television services on the OM 1 network in the community of Saint-Martin;
Given Decision No. 2014-373 of 2 July 2014 on a call for applications for the edition of a private service of Local broadcast television broadcast terrestrial in digital mode in digital mode in the community of Saint-Martin;
Given Decision No. 2014-603 of 17 December 2014 concerning the list of admissible candidates in the context of the appeal To the applications provided for by Decision No. 2014-373 of 2 July 2014 for the edition of a Local private television service broadcasting terrestrial in digital mode in digital mode in the community of Saint-Martin;
In view of the deliberation of the amended Council of the Audiovisual Council of 25 July 2006 on the Fixation of the rules for the sharing of radio resources for terrestrial digital terrestrial television multiplexes;
In view of the opinion of the Executive Council of Saint-Martin dated 10 February 2015;
In view of the Convention concluded on 4 November 2015 Between the Conseil supérieur de l' audiovisuel et la société 2L;
Vu le Document " Signage profile for the broadcasting of digital terrestrial television services and ultramarine " The Conseil supérieur de l' audiovisuel whose latest version is published on its website;
The company heard in public hearing on February 12, 2015;
After deliberation,
Decides:

Article 1


Company 2L is authorized to use the frequencies set out in Annex I to this Decision for the purpose of The operation of a local local television service known as IO TV broadcast in clear terrestrial radio in the community of Saint-Martin, in accordance with the conditions set out in Annex 1 to this Decision and stipulated in the Above agreement concluded between the Conseil supérieur de l' audiovisuel and company 2L, appearing in Annex 2 to this Decision.

Article 2


The duration of the authorisation shall be ten years from the publication in the Official Journal of the French Republic of this authorization. If, within a period of three months from that date, the company has not started the effective operation of the service, the Board may declare this authorization.

Article 3


The radio resource for 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.

Article 4


The service cannot use the spectrum resources allocated to it for use other than that provided for in this decision.
The Characteristics of the signals broadcast by the company are in conformity 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.

Article 5


This decision will be notified to Company 2L and published in the Official Journal of the French Republic.

  • Appendix


    ANNEX I


    SENIOR CITY
    SITE
    MAXIMUM
    ALTITUDE antenna
    M)
    PAR maximum
    (A)
    CANAL/
    Polarisation

    Saint-Martin

    Pic Paradis

    462

    250 W (1)

    43 H

    Saint-Martin

    Terre Basse

    21

    3.2 W (2)

    41 H

    (A) The maximum PAR is equal to the minimum PAR.
    (1) PAR 250 W omnidirectional.
    (2) PAR 3.2 W in the direction of azimuth 120 °


    The CSA may 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.


    APPENDIX 2
    AGREEMENT BETWEEN THE SUPERVISOR OF THE AUDIOVISUAL BOARD AND THE CORPORATE 2L AFTER THE EDITOR, REGARDING THE TELEVISION TV IO 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.

    • PART I: PURPOSE OF THE CONVENTION AND PRESENTATION OF THE PUBLISHER


      Article 1-1
      Purpose of the Convention


      The purpose of this Agreement is to Set the special rules applicable to the IO TV service, as well as the powers that the Conseil supérieur de l' audiovisuel holds to ensure compliance with the obligations of the publisher.
      IO TV is a local television service of Community-based participatory and information-based information Terrestrial hertzian in the community of Saint-Martin. 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 company with limited liability for the capital of € 1,500.00, named 2L, registered on April 8, 2015, in the register of trade and companies of Basse-Terre under the number 810 500 660. Its head office is located at 7 Friar's Bay Road, 97150 St. Martin.
      In Appendix 1:


      -the amount and composition of the social capital of the 2L company;
      -the name of the publisher, as defined in article 93-2 of Law n ° 82-652 of 29 July 1982.


      The editor informs the board as soon as possible Modification of the data contained in this article

    • PART II: GENERAL STIPULATIONS I.-SERVICE DISSEMINATION


      Section 2-1-1
      Service Delivery


      The editor is unable, unless authorized Use of the frequencies allocated to it for a 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 (order of the 24 December 2001 on terrestrial digital terrestrial television Fixing the characteristics of the signals emitted) 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 Section 3-1-1 (I. -Programs, part 3).


      Article 2-1-2
      Territorial Coverage


      The publisher ensures the broadcasting of its terrestrial terrestrial programs from all the emission sites for which it benefits An authorization to use the resource in frequencies.


      Item 2-1-3
      Conventions concluded with the multiplex operator


      The editor signs conventions with the company responsible for ensuring technical operations Necessary for the transmission and dissemination of service to the public. These agreements are communicated to the Commission in confidence.


      II. -GENERAL OBLIGATIONS


      Item 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;
      -avoidance of human suffering as well as 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 partners. 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 # 2005-5 of June 7, 2005 of the Board to television publishers concerning the identification 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 relating to Category III programs established at 8.30 p.m. in item 3 is set at 20 hours;
      -that relating to 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 mental development Or moral of 18-year-olds are subject to a total ban on circulation

    • PART THREE SPECIFIC STIPULATIONS I.-PROGRAMS


      Article 3-1-1
      Nature and duration of programming


      The entire broadcast program is designed or assembled by the editor.
      IO TV is a local, participatory local television service And information. The programming is between 6 a.m. and 23 p.m.
      The minimum weekly volume of local broadcast programming is twelve hours. The publisher spends at least two hours daily on programs dealing with Saint-Martin at the best hours of the audience (mid-day, early evening).
      Locally produced programs mainly consist of: Local and information programs, educational, cultural and service programs, music programs in partnership with local associations, a culinary magazine, and a series of fiction.
      This Programming includes: An information log of an hour devoted to local news, broadcast at 19 p.m. Monday to Friday and rebroadcast at 10.25 p.m. Monday to Friday, as well as news flashes broadcast from 6 a.m. to 10 a.m., at 11 a.m., 12 noon, 12.30 p.m., 2 p.m. and 3 p.m. Monday to Friday and 11 a.m., 12 noon, 12 p.m. and 1 p.m. on Saturdays.
      These local programming can be complemented by regional programming that is rooted in the social, cultural and environmental life of Saint-Martin.
      The publisher agrees to retain full editorial control of the Emissions that it produces or co-produces in conjunction with its partners.
      The publisher agrees not to broadcast programs or retransmit shows or events for which it does not hold broadcast rights.
      The Publisher Informs the Audiovisual Board of the daily life 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 Part of this one.


      Item 3-1-7
      Tele-shopping


      The editor does not broadcast a tele-shopping issue.


      Item 3-1-8
      Product Placement


      The editor respects the Board's deliberation Product placement 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 Broadcast conditions, by television services and Radio, 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 media, the publisher reserves, in the total annual time devoted to the dissemination of audiovisual works, in the sense of the Articles 4, 5 and 6 of the same Decree, at least:


      -in year 1: 50 % to the dissemination of European works and 30 % to the dissemination of works of original French expression;
      -in year 2: 55 % to the dissemination of European works and 35 % to the Distribution of works of original French expression;
      -in year 3: 60 % to the distribution of European works and 40 % to the distribution of works of original French expression;


      In accordance with the provisions of Article 14 of the same decree, These proportions must also be respected during prime time. These hours are between 18 hours and 22 hours.


      Article 3-2-2
      Production of Audiovisual Works


      The publisher does not reserve more than 20 % of the broadcasting time of the service to audiovisual works on an annual basis. As such, it is not subject to the obligations laid down in the Decree n ° 2010-747 of 2 July 2010 concerning the contribution to the production of cinematographic works and Audiovisual television services broadcast by terrestrial terrestrial television.
      If the publisher reserves more than 20 % of the broadcasting time 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 a cinematographic work.


      Article 3-3-2
      Overview of Feature Film


      If the publisher presents the news of cinematographic works released in the exhibition space, he is committed to making this presentation Is diverse.


      IV. -ASSOCIATED DATA


      Article 3-4-1
      Definition of Associated Data


      Data is associated with data that is intended to enrich and complement the main program of the television service, as defined in the Section 2 of the Act of 30 September 1986 as amended.
      The publisher of the television service has editorial responsibility for the associated data.
      They are subject to the provisions of Articles 3-4-2 to 3-4-8.


      Article 3-4-2
      French Language and Respect for Intellectual Property


      Section 2-2-2, relating to the use of the French language in television service programs, applies to 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 any discrimination on the grounds of race, sex or nationality, any scene of violence and any incitement to conduct harmful to health, to the The security of persons and property or the protection of the environment.
      It must not contain any element that offend religious, philosophical or political beliefs.
      It must be designed in accordance with the interests of the Consumers and not adversely affect minors.
      It Must be easily identifiable as such.


      Article 3-4-6
      Commercial communications to an operator of gambling and gambling


      The dissemination of related data in the form of commercial communications In favour of game operators, within the meaning ofArticle 7 of Law No. 2010-476 of 12 May 2010, is prohibited during the broadcast of Programmes presented to minors as well as During the thirty minutes preceding and following the broadcast of these programs.


      Item 3-4-7
      Use of the radio resource by associated data


      The distribution of associated terrestrial hertzian data
      use of this resource shall be carried out in accordance with the rules laid down by the 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

    • PART FOUR: CONTROL AND CONTRACTUAL PENALTIES I.-CONTROL


      Article 4-1-1
      Evolution of the Association's Governing Bodies


      The Editor Immediately inform the Board of any change in the amount of social capital and any change in the allocation of 1 % or more of the share capital or voting rights to 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, as defined in 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 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 General of territorial communities, with the communities concerned.
      It also transmits, within one month of their signature, contracts awarded for institutional communication with a community Territorial.
      The publisher transmits to the board within six months Following the closure of each financial year, its balance sheet, results account and annexes and its management report, as provided for in article 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 Article L. 232-2 of the same code.
      It shall forward to the Board, at its request, the balance sheets and annual reports of each of the corporate shareholders holding On their own account at least 5 % of its capital.
      It shall communicate for information to the Council, in the context of the annual report provided for in Article 4-1-4 of this Convention or at the express request of the Board, in addition to the table of subsidiaries or Sub-subsidiaries that are significant in terms of assets or results In
      course of the exercise of its tasks, the Board may ask the publisher to provide it, on a confidential basis, with information on the activities of diversification itself, or one of its Subsidiaries, develops in the sectors of culture and communication and revenue generated by these activities.
      If it does not have the sole activity of publishing the television service covered by this Convention, it shall communicate in In addition to elements of cost accounting, validated by an auditor,


      Article 4-1-3
      Program Control


      The publisher communicates its foreprograms to the Board within a reasonable period of time.
      It keeps 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

    • PART FIVE: DURATION, VALIDITY AND COMMUNICATION OF THE CONVENTION


      Article 5-1
      Modification


      Nothing in this Agreement can Interfere with the applicability of existing laws and regulations to the publisher.
      Any legislative or regulatory amendment applicable to the service will result in a revision of the agreement as a This
      may also be amended from a 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, the 4 November 2015.


      For the editor:
      The managers of SARL 2L,
      L. Lagoutte L. Gentil


      For the Audio-Visual Board:
      The President,
      O. Schrameck

  • Appendix


    Appendices
    Appendix 1
    AMOUNT, CAPITAL COMPOSITION AND ALLOCATION OF VOTE FROM THE CORPORATION TO THE SIGNATURE OF THE CONVENTION


    ACTIONARIES PARTICIPATIONS

    Loïc LAGOUTTE

    50 %

    Laëtitia GENTIL

    50 %


    Manager: Loïc Lagoutte.
    Laëtitia Gentil.
    The Director of Publication, within the meaning ofArticle 93-2 of Law No. 82-652 of 29 July 1982, is M. Loïc Lagoutte

  • Appendix


    Appendix 2
    LIST OF MEMBERS OF THE INDEPENDENT PERSONS COMMITTEE


    Lucienne Kabache, Director
    Sabrina Lastennet, accountant.
    Rachelle Chilin, entrepreneur.
    Anthony Voltz, doctor of pharmacy.
    Robert Cheron, merchant.
    Jean-Marc Gervais, president of the association. Sualiga Youth ".

  • Appendix


    Appendix 3
    PROGRAM GRILLES


    APF Viewable


Done at Paris, November 4, 2015.


For the Audio-Visual Higher Council:

The President,

O. Schrameck


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