mise à jour LEGIFRANCE au 28 novembre 2001

With the participation of Jérôme HUET, 

Professor at the University of Paris II.

Freedom of Communication Act No. 86-1067 of 30 September 1986

(Official Journal of 1 October 1986)

Article D0

The President of the Republic, François Mitterrand, the Prime Minister,

Jacques Chirac

Minister of State, Minister of Economic, Finance and Privatisation,

Edouard Balladur,

Garde des Sceaux, Minister of justice,

Albin Chalandon,

Minister of Defence,

André Giraud,

Minister of Culture and Communication,

François Léotard,

Minister of Foreign Affairs,

Jean-Bernard Raimond,

Minister of Interior,

Charles Pasqua,

Minister of Infrastructure, Housing, and Regional Planning and Transports,

Pierre Méhaignèrie,

Minister of French Overseas administrative divisions and territories,

Bernard Pons,

Minister of Industry, Posts and Telecommunications and of Tourism,

Alain Madelin,

Minister attached to the Prime Minister, with responsibility for the Civil Service and Economic Planning,

Hervé de Charette,

Minister attached to the Minister for Economy, Finance and Privatisation, with responsibility for the budget,

Alain Juppé,

Minister attached to the Minister for Industry, Posts and Telecommunications and for Tourism, with responsibility for Posts and Telecommunications,

Gérard Longuet,

State Secretary to the Prime Minister, with responsibility for the French speaking world,

Lucette Michaux-Chèvry

State Secretary to the Minister for culture and communication

Philippe de Villiers

 

Article 1

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 1, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 28 and 32, Official Journal of 2 August 2000)

 

Audio-visual communication is free.

The exercise of this freedom may be limited only, to the extent required, on the one hand, for the respect of human dignity, freedom and property of other people, the pluralistic nature of the expression of ideas and opinions and, on the other hand, for the safeguarding of law and order, for national defence, public service reasons, for technical reasons inherent to the means of communication as well as for the need to develop a national audio-visual production industry.

The Conseil supérieur de l'audiovisuel, an independent authority, guarantees the exercise this freedom in accordance with the terms provided for in this Act.

It ensures equality of treatment; it guarantees the independence and impartiality of the public radio and television broadcasting sector. It sees to the promotion of the free competition and the creation of non-discriminatory relations between producers and service distributors; it sees to the quality and diversity of programmes, the development of the national audio-visual production and creation as well as to the defence and illustration of the French language and culture. It may put forward proposals to improve the quality of programmes.

It may send to the producers and distributors of audio-visual communication services recommendations relating to compliance with the principles set forth in this Act. Said recommendations shall be published in the Official Journal of the French Republic.

 

Article 2

 

Telecommunication is understood as any transmission, emission or reception of signs, signals, documents, pictures, sound or information of any kind by wire, optics, radio electric or other electromagnetic systems.

Audio-visual communication is understood as any act of putting at the disposal of the public or parts of the public, by means of a telecommunication process, signs, signals, writing, pictures, sound or any kind of messages which do not have the nature of private correspondence.

 

Article 2-1

 

(inserted by Act No. 2000-719 of 1 August 2001, Article 57, Official Journal of 2 August 2000)

 

For the application of this Act, the words ‘services distributor' designates any person who establishes contractual relations with service producers with a view of constituting an offer of audio-visual communication services put at the disposal of the public by terrestrial radio link, cable or satellite. Is also regarded as service distributor any person who makes such an offer by establishing contractual relations with other distributors.

 

Article 3

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 2, Official Journal of 18 January 1989)

 

The confidentiality of selection made by persons amongst the telecommunication services and amongst the programmes offered, may not be disclosed without their consent.

 

TITLE 1

CONSEIL SUPERIEUR DE L'AUDIOVISUEL

 

Article 4

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 3, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall be comprised of nine members appointed by decree by the President of the Republic. The President of the Republic shall appoint three members, the president of the Assemblée nationale shall appoint three members and the chairman of the Sénat shall appoint three members.

Persons over the age of sixty five shall be ineligible for appointment.

The President of the Republic shall appoint the chairman for the duration of his term of office as council member. In the event of the Chairman being prevented from attending to his duties, whatever the reason may be, the eldest council member shall act as chairman.

The term of office of council members shall be six years. The term of office shall not be revocable or renewable. It shall not be interrupted by the rules in respect of any age limit applicable to the concerned persons.

A third of the council shall be renewed every two years.

In the event of a vacancy occurring more than six months prior to the expiry of a term of office, a new member shall be appointed in accordance with the terms of this Article. The term of office of such new member shall expire on the date on which the term of office of the person that he replaces would have expired. His term of office may be renewed if he occupied such replacement office during at least two years.

The Conseil supérieur de l'audiovisuel may deliberate only if at least six of its members are present. It shall deliberate with the majority of the members present. The chairman shall have a casting vote in the event of a tie in voting.

The Conseil supérieur de l'audiovisuel shall draw up its rules and regulations.

 

Article 5

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 4, Official Journal of 18 January 1989)

(Act No. 92-1336 of 16 December 1992, Article 267, Official Journal of 23 December 1992 in force on 1 March 1994)

 

            The office of member of the Conseil supérieur de l'audiovisuel is incompatible with any elective office, any public office or any other professional activity.

Subject to the provisions of the Copyright Act No. 57-298 of 11 March 1957, council members may not, directly or indirectly, hold office, receive fees, save for services rendered prior to taking up office, or hold interests in an audio-visual, cinema, production, press, advertising or communications firm. However, if a council member holds interests in such a firm, he shall have a period of three months within which to conform with the law.

Non-compliance with the provisions of the previous paragraph shall be punishable in accordance with Article 432-12 of the Penal Code.

The council member who carried on an activity, accepted an employment or an elective office that is incompatible with his member status or breached the obligations defined in the second paragraph of this Article shall be declared to have resigned as a matter of course by the board deciding with a two thirds majority of its members.

During the term of their offices and during one year as from the termination of their offices, council members shall be bound to abstain from all public stances on issues that the council is to review or has reviewed or that may be submitted to it in the course of carrying out its assignment.

After the termination of their offices, members of the Conseil supérieur de l'audiovisuel shall be subject to the provisions of Article 432-12 of the Penal Code and, in addition, to the obligations arising from the second paragraph of this Article during a period of one year, subject to the penalties provided for in the same Article.

The chairman and members of the Conseil supérieur de l'audiovisuel shall respectively receive a salary equal to that allocated to the two highest off scale* categories of State employment.

Upon expiry of their terms of office, the members of the Conseil supérieur de l'audiovisuel shall continue to receive their salary during a term of one year at most. However, if the concerned parties return to a remunerated activity, receive a pension or, for civil servants or judges, are reinstated, payment of said salary shall cease. It shall also cease upon decision of the council deciding with a two thirds majority of its members after the concerned parties have been given an opportunity to submit their remarks, if they breach the obligations provided for in the second paragraph.

 

* Act 57-298 of 11 March 1957 has been repealed by Article 5 of Act 92-597 of 1 July 1992. References to said provisions shall be replaced by references to the relevant provisions of the Intellectual Property Code.

 

Article 6

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

The decisions of the council referred to in Articles 22 and 27 and in the second paragraph of Article 34 that are regulatory in nature shall be forwarded to the Prime Minister who, within fifteen days following receipt thereof, may request the council to take new deliberations.

The results of deliberations as well as the reports by the council, regardless of the nature thereof, shall be published in the Official Journal of the French Republic.

 

 

Article 7

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 5 and 29, Official Journal of 18 January 1989)

(Act No. 96-314 of 12 April 1996, Article 53, Official Journal of 13 April 1996)

 

The Conseil supérieur de l'audiovisuel has services which are placed under the authority of its chairman.

The personnel of said services may not be members of the Board of Directors of public corporations and of companies provided for under Articles 44, 45, 49 and 51 of this Act or hold authorisation in respect of an audio-visual communication service or hold office or hold interests in a company or an association that holds such authorisation.

The Conseil supérieur de l'audiovisuel shall propose the credits needed to carry out its assignments when the finance bill of the year is being prepared. Said credits shall be entered on the general budget of the State. The provisions of the Act of 10 August 1922 relating to the organisation of the audit of expenditure incurred shall not apply to management thereof.

The chairman of the Conseil supérieur de l'audiovisuel shall be the orderer of expenses. He shall submit the council's accounts for auditing by the Court of Auditors.

 

Article 8

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 92-1336 of 16 December 1992, Article 333, Official Journal of 23 December 1992 in force on 1 March 1994)

 

The council members and officials shall be bound by professional secrecy in relation to all facts, acts and information that may come to their knowledge by reason of their office in accordance with the terms and subject to the penalties provided for in Article 75 of the Penal Code and, subject to the disclosures that need to be made to prepare the annual report provided for in Article 18 of this Act and in Articles 226-13 of the same Code.

 

Article 9

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 6, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall consulted in respect to the definition of France's position in international negotiations on radio and television broadcasting.

The Conseil supérieur de l'audiovisuel shall favour the co-ordination between the positions of public sector audio-visual communication companies and corporations, on the one hand, and, authorised and licensed audio-visual communication services, on the other hand, within international authorities or institutions, whether governmental or not and, in particular, European authorities and institutions.

 

Article 10

 

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

(Act No. 89-25 of 17 January 1989, Article 7 and 29, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 11, Official Journal of 30 December 1990)

(Act No. 2000-719 of 1 August 2000, Article 85, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall authorise:

1 The establishment and use of telecommunications facilities other than those owned by the State for the distribution of the services referred to in Articles 25 and 33-2.

2 The operation of the facilities referred to in Article 34.

 

Article 12

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 1989)

(Act No. 90-1170 of 29 December 1990, Article 13, Official Journal of 30 December 1990)

(Act No. 94-88 of 1 February 1994, Article 16, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 85, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall be consulted in respect of any plan to impose standards relating to equipment and techniques of broadcasting or distribution of audio-visual communication services by cable. It may make all recommendations concerning such standards.

However, the technical features of the signals emitted for the supply of services broadcast by terrestrial radio link or by satellite must conform with the technical specifications defined by inter ministerial order adopted after consulting the Conseil supérieur de l'audiovisuel. When said signals are digitised, their technical features shall be standardised. Said order shall specify the conditions applicable to the radio-electric protection of the audio-visual communication services in question.

 

Article 13

 

(Act No. 89-25 of 17 January 1989, Article 8, Official Journal of 18 January 1989)

(Act No. 94-88 of 1 February 1994, Article 6 and 18, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 29, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall ensure respect for the pluralistic expression of currents of thought and opinion in the programmes of the radio and television broadcasting services, in particular, for political and general information programmes.

The Conseil supérieur de l'audiovisuel shall provide the chairmen of the Assemblée nationale and the Sénat and the leaders of the various political parties represented in Parliament with a record of the speaking time of the politicians in news programmes, information bulletins, current affairs programmes and other programmes broadcasted.

 

Article 14

 

(Act No. 87-588 of 30 July 1987, Article 98, Official Journal of 31 July 1987)

(Act No. 88-227 of 11 March 1988, Article 16, Official Journal of 12 March 1988)

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 90-55 of 15 January 1990, Article 22, Official Journal of 16 January 1990)

 

The Conseil supérieur de l'audiovisuel shall exercise control, using all relevant means, over the subject matter, content and modes of programming advertising programmes broadcast by all national programme companies and by holders of authorisations issued by the audio-visual communication services pursuant to this Act. Advertising programmes of a political nature are prohibited.

Any violation of the provisions of the above paragraph shall be punished by the penalties provided for in Article L90-1 of the Franchise Act.

 

Article 15

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 19, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall ensure that programmes distributed to the public by an audio-visual communication service protect children and adolescents and respect human dignity. It shall ensure that a radio and television broadcasting service does not distribute programmes to the public that may harm the physical, mental or moral development of minors, unless it is ensured, by the choice of broadcasting time or by any relevant technical process, that minors are not normally liable to see or hear such programmes.

When television services distribute programmes to the public that may harm the physical, mental or moral development of minors, the council shall ensure that a warning is issued to the public prior to the distribution thereof and that a visual symbol identifies such programmes during the distribution thereof.

It shall also ensure the radio and television broadcasting services do not distribute any programme to the public that may seriously harm the physical, mental or moral development of minors.

Lastly, it shall ensure that the programmes of the radio and television broadcasting services do not contain any incitement to hatred or violence on the grounds of race, sex, morality, religion or nationality.

 

Article 16

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall set the rules concerning the conditions applicable to the production, programming or broadcasting of programmes relating to election campaigns that the national programme companies are bound to produce and programme and that the company provided for in Article 51 of this Act is bound to broadcast. Provisions set forth in the terms of reference cover the services provided in this respect.

The council shall send recommendations for the duration of election campaigns to the operators of audio-visual communication services authorised pursuant to this Act.

 

Article 16-1

 

(inserted by Act No. 98-535 of 1 July 1998, Article 5, Official Journal of 2 July 1998)

 

The Conseil supérieur de l'audiovisuel shall set the rules concerning the conditions applicable to the broadcasting at prime time of health warning messages issued by the Minister of Health by the national programme companies referred to in paragraphs 1, 2, 3 and 4 of Article 44 of this Act and by the television services broadcast by terrestrial radio link.

Provisions set forth in the terms of reference cover the services provided in this respect.

 

Article 17

 

(Act No. 86-1210 of 27 November 1986, Article 5, Official Journal of 28 November 1986)

(Act No. 88-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall make recommendations to the government in respect of the development of competition in audio-visual communication activities.

It shall be empowered to raise the matter of restrictive trading practices and economic mergers with the proper administrative or judicial authorities. Said same authorities may ask it for its opinion.

 

 

Article 18

 

(Act No. 89-25 of 17 January 1989, Article 9, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 14, Official Journal of 30 December 1990)

(Act No. 96-62 of 29 January 1996, Article 6, Official Journal of 30 January 1996)

 

 

Each year, the Conseil supérieur de l'audiovisuel shall draw up a public report on its activity, on the application of this Act and on compliance by the companies and the public corporation referred to in Articles 44 and 49 of this Act with their obligations. Said report shall be sent to the President of the Republic, the government and to Parliament before the end of the first quarter. The Conseil supérieur de l'audiovisuel may suggest in this report the legislative and regulatory changes that it considers are required by reason of the technological, economic, social and cultural development of the activities of the audio-visual sector. It may also make comments on the allocation of licence and advertising proceeds between public sector institutions.

Any member of the Conseil supérieur de l'audiovisuel may be heard by the relevant commissions of the Assemblée nationale and Sénat.

The government, the chairman of the Assemblée nationale, the chairman of the Sénat or the relevant commissions of the Assemblée nationale and Sénat may ask the Conseil supérieur de l'audiovisuel for its opinion or for studies in respect of all activities within its remit.

 

Article 19

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 30, Official Journal of 2 August 2000)

 

 

To carry out the assignments entrusted to it pursuant to this Act, the Conseil supérieur de l'audiovisuel may:

1° Gather, without any additional limitations other than those that ensue from the freedom to exercise the activity of the political parties and groups referred to in Article 4 of the Constitution :

- from administrative authorities, all information needed to prepare its opinions and decisions ;

- from authorities or producers and distributors of audio-visual communication services, all information needed to check the latter's compliance with their obligations ;

- from any physical or legal person that directly or indirectly owns a share equal or superior to 10% of the capital or voting rights at the general meetings of a company that produces or distributes a radio or television broadcasting service whose programmes contribute to providing political and general information, all information on procurement contracts and public service concessions which said individual or entity, or company that it controls submitted an offer to obtain over the last twenty four months.

2° Carry out surveys of the authorities or of services producers and distributors.

The information that the council gathers pursuant to the provisions of this Article may be used only to carry out the assignments entrusted to it pursuant to this Act. Disclosure of said information is prohibited.

 

Article 20

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

To carry out the assignments entrusted to the Conseil supérieur de l'audiovisuel pursuant to this Act, the chairman thereof shall be empowered to take legal action in the name of the State.

 

Article 20-1

 

(Act No. 94-665 of 4 August 1994, Article 12, Official Journal of 5 August 1994)

(Act No. 2000-719 of 1 August 2000, Article 20, Official Journal of 2 August 2000)

 

Apart from films and audio-visual works in the original version, the use of the French language is compulsory for all programmes and advertisements by radio and television broadcasting institutions and services regardless of the method of broadcasting or distribution thereof.

Subject to the provisions of paragraph 2 a of Article 28 of this Act, the previous paragraph shall not apply to musical works, of which all or part of the text is written in a foreign language.

The obligation provided for in the first paragraph shall not apply to programmes, parts of programmes or advertising included in the latter which are intended be broadcast entirely in the foreign language or the purpose of which is to learn a language or the live transmission of cultural ceremonies.

[Provisions declared to violate the Constitution by decision of the Conseil constitutionnel No. 94-345 DC of 29 July 1994.]

When the programmes or the advertisements referred to in the first paragraph of this Article are accompanied by translations in foreign languages, the presentation in the French language must be as legible, audible or intelligible as the presentation in the foreign language.

 

Article 20-2

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 21, Official Journal of 2 August 2000)

 

Events of major importance may not be transmitted live subject to exclusive rights in such a way to as deprive a large part of the public from the possibility of following the events by live or delayed transmission on a free access television service.

A decree in Conseil d'Etat defines the list of events of major importance. Said decree determines the terms of application of this Article.

Television services may not exercise exclusive rights that they acquired after the 23 August 1997 in such a way as to deprive a large part of the public of another member State of the European Community or of a State party to the European Economic Space agreement the possibility of following events declared to be of major importance by said State on a free access television service.

The Conseil supérieur de l'audiovisuel shall ensure that televisions comply with the provisions of this Article.

 

Article 20-3

 

(inserted by Act No. 2000-719 of 1 August 1994, Article 21, Official Journal of 2 August 2000)

 

Television services that broadcasts events deemed to be of major importance on the list referred to in Article 20-2 shall be bound to broadcast short programmes highlighting the anti-doping laws for the protection of athletes' health before, during and after the live transmissions in question. Said measures shall be implemented free of charge. A decree signed jointly by the Ministers for Communication, Youth and Sports and Health shall define the provisions for the application of this Article.

 

 

TITLE II

USE OF TELECOMMUNICATIONS PROCESSES

CHAPTER I

Services using radio link

Section I

General rules for the allocation of frequencies

 

Article 21

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 96-659 of 26 July 1996, Article 16, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Article 27, Official Journal of 2 August 2000)

 

The Prime Minister, after consulting the Conseil supérieur de l'audiovisuel, shall define the frequency bands or frequencies that shall be allocated to the authorities of the State and the frequency bands or frequencies of radio broadcasting, the allocation or assignment of which are entrusted to the council.

 

 

Article 22

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 10 and 29, Official Journal of 18 January 1989)

(Act No. 96-659 of 26 July 1996, Article 16, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Article 31, Official Journal of 2 August 2000)

 

The use by holders of authorisations of radioelectric frequencies available in France constitutes a mode of private occupancy of the State's public domain.

In compliance with the international treaties and agreements signed by France, the Conseil supérieur de l'audiovisuel authorises use of frequency bands or frequencies allocated or assigned for radio broadcasting.

It shall control the use thereof and take the necessary measures to ensure good receiver signal.

Section II

Rules applicable to uses other than broadcasted audio-visual communication services

 

Article 23

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 15, Official Journal of 30 December 1990)

(Act No. 93-1 of 4 January 1993, Article 12, Official Journal of 5 January 1993)

(Act No. 2001-616 of 11 July 2001, Article75, Official Journal of 13 July 2001)

 

When a telecommunications service uses frequency bands or frequencies, the allocation or assignment of which has been entrusted to the Conseil supérieur de l'audiovisuel pursuant to Article 21, the authorisation to provide the service is issued by the Minister for Telecommunications after the applicant has obtained the consent of the Conseil supérieur de l'audiovisuel to use of said frequency bands or said frequencies.

The authorisation referred to in the previous paragraph shall be issued in Mayotte by the representative of the government, in the territories of New Caledonia and French Polynesia by the high commissioner and in the territories of the islands of Wallis and Futuna by the senior administrator.

 

*Article 222 IV of the Constitutional Act* No. 99-209 of 19 March 1999 relating to New Caledonia provides:

“IV. In all laws and regulations in force

1° Reference to the territory of New Caledonia shall be replaced by reference to New Caledonia;

2° Reference to the territorial assembly of New Caledonia shall be replaced by reference to the congress of New Caledonia;

3° Reference to the executive of New Caledonia shall be replaced by reference to the government of New Caledonia.”*

 

Section III

Rules applicable to broadcast audio-visual communication services

 

Article 25

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 44, Official Journal of 2 August 2000)

 

Use of the radio resource to broadcast audio-visual communication services by terrestrial radio link is subject to compliance with the technical conditions defined by the Conseil supérieur de l'audiovisuel concerning, in particular:

1° The features of the signals emitted and of the transmission and broadcasting equipment used.

1°bis The technical conditions the multiplexing and the features of the equipment used.

2° The place of emission;

3° The higher limit of effective radiated power;

4° The protection against possible interferences with use of other telecommunications techniques.

The Conseil supérieur de l'audiovisuel shall also ensure that the services using an interactivity engine may, as far as the technical constraints so permit, be received on all of the terminals operated in France for digital terrestrial television. An inter ministerial order adopted after consulting the Conseil supérieur de l'audiovisuel defines the technical conditions of this interoperability of receiving systems.

The council may impose special obligations, in relation, in particular, to the scarcity of emission sites in a region, on the user of a site. In particular, it may require that several users group together on a same site. It shall determine the maximum time limit within which the holder of the authorisation must begin actual use of the radio resource in accordance with the terms provided for in the authorisation.

 

Article 26

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 91-645 of 10 July 1991, Article 1, Official Journal of 13 July 1991)

(Act No. 94-88 of 1 February 1994, Article 2, Official Journal of 2 February 1994)

(Act No. 96-659 of 26 July 1996, Article 16, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Article 38, Official Journal of 2 August 2000)

 

I. - As from the effective date of Act No. 2000-719 of 1 August 2000, which amends the Freedom of Communication Act No. 86-1067 of 30 September 1986, the companies provided for in Article 44 and the cultural channel resulting from the treaty of 2 October 1990 shall become holders of the right to use the radio resources that were previously assigned to broadcast their programmes to the company referred to in Article 51.

If the technical constraints so require, the Conseil supérieur de l'audiovisuel may however withdraw all or part of said resource on the condition that, without interruption of the service, it assigns to them use of the radio resource allocated for the use of radio broadcasting that permits reception of an equivalent quality.

It may also withdraw use of the radio resource that they no longer need to carry out the assignments defined in Article 43-11 and in their terms of assignments and of reference.

II. - The Conseil supérieur de l'audiovisuel and the telecommunications regulatory authority, respectively for the radio resources of radio broadcasting and transmission, shall first and foremost grant the companies referred to in Article 44 the right to use the radio resource that they need to carry out their public service assignments.

Subject to the same terms, the Conseil supérieur de l'audiovisuel shall first and foremost

grant the European cultural channel resulting from the treaty signed on 2 October 1990 the right to use the radio resource that it needs to carry out the assignments entrusted to it pursuant to said treaty.

Subject to the same terms, the Conseil supérieur de l'audiovisuel shall first and foremost grant the channel referred to in Article 45-2 the right to use the radio resource that it needs to broadcast its programmes in digital mode.

The Conseil supérieur de l'audiovisuel shall ensure that the services of companies broadcast in digital mode that benefit from the provisions in the previous three paragraphs are grouped together on one or more frequencies.

The telecommunications regulatory authority shall assign the radio resource needed to transmit radio and television broadcasting programmes in accordance with the terms of Article L. 36-7 of the Posts and Telecommunications Code.

When it assigns, reorganises or withdraws said resource, it shall take into account the requirements related to the public service assignments of the companies provided for in Article 44 and the assignments entrusted to the European cultural channel pursuant to the treaty of 2 October 1990.

The government shall submit a three yearly report to Parliament on the European cultural channel's performance of its assignments.

 

Article 27

 

(Act No. 89-25 of 17 January 1989, Article 11, Official Journal of 18 January 1989)

(Act No. 92-61 of 18 January 1992, Article 1, Official Journal of 21 January 1992)

(Act No. 2000-719 of 1 August 2000, Article 25, 39 and 40, Official Journal of 2 August 2000)

 

Considering the public interest assignments of the public sector institutions and the various categories of audio-visual communication services broadcast by terrestrial radio link, decrees in Conseil d'Etat define the general principles outlining obligations in respect of:

1° Advertising, teleshopping and sponsoring;

1°bis The services devoted exclusively to autopromotion or teleshopping;

2° The broadcasting, in particular, at prime time, of proportions at least equal to 60 percent of European films and audio-visual works and of proportions at least equal to 40 percent of original French films and audio-visual works;

However, for the application of the provisions provided for in the above paragraph to audio-visual works broadcast by the authorised services, the Conseil supérieur de l'audiovisuel may substitute for prime time significant viewing or listening time which it shall set each year for each service in relation, in particular, to the features of its audience and its programming as well as the importance and nature of its contribution to the production;

3° The contribution of services producers to the development of the production of films and audio-visual works, in particular, of independent production with regard to them, as well as the share of said contribution or the amount allocated for the purchase of broadcasting rights of said works on the services that they produce, by setting, where applicable, different rules for films and for audiovisual works and in relation to the nature of the works broadcast and the exclusive terms of the broadcasting thereof. Said contribution may include a share for distribution of films;

4° The purchase of broadcasting rights, according to the various modes of operation and the limitation of the term of said rights when they are exclusive. For the first broadcast of films in exclusivity, the term of the exclusive rights may vary in relation to the nature and the amount of the contribution to the development of the production;

5° The system of broadcasting feature films and, in particular, the setting of a maximum number of broadcasts and repeat broadcasts per year and the hourly schedule of programming of said works.

Said decrees may define different rule depending on whether the broadcasting is uncoded or is offered against remuneration to users or depending on the extent of the geographic area serviced and they may provide for a gradual application in relation to the development of terrestrial digital television.

Said decrees shall be adopted after consulting the Conseil supérieur de l'audiovisuel. Said reasoned opinion and the presentation report of the decree shall be published in the Official Journal of the French Republic.

[Provisions declared to violate the Constitution by decision of the Conseil constitutionnel No. 88-248 DC of 17 January 1989.]

 

 

Article 28

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

 (Act No. 89-25 of 17 January 1989, Article 13, Official Journal of 18 January 1989)

(Act No. 92-61 of 18 January 1992, Article 2, Official Journal of 21 January 1992)

(Act No. 93-1420 of 31 December 1993, Article 11, Official Journal of 1 January 1994)

(Act No. 94-88 of 1 February 1994, Article 7, 8 and 12, Official Journal of 2 February 1994)

(Act No. 94-665 of 4 August 1994, Article 13, Official Journal of 5 August 1994)

(Act No. 2000-709 of 1 August 2000, Article 42, Official Journal of 2 August 2000)

 

Issue of authorisations to use the radio resource for each new service broadcast by terrestrial radio link other than those operated by the national programme companies shall be subject to the execution of an agreement between the Conseil supérieur de l'audiovisuel in the name of the State and the person applying for authorisation.

In respect for the integrity and pluralism of information and programmes and the general rules defined pursuant to this Act and, in particular, Article 27 thereof, this agreement shall define the special rules applicable to the service, considering the extent of the area serviced, the share of the service in the advertising market, respect for equality of treatment between the various services and the terms of competition specific to each of them.

In particular, the agreement shall relate to one or more of the following issues:

1° The terms and general features of the actual programme;

2The time devoted to the first broadcasting of original French audio-visual works in France, the share of revenue devoted to the purchase of the broadcasting rights of said works as well as the hourly schedule of the programming thereof;

2 bis The substantial proportion of French musical works or musical works performed in a regional language spoken in France, which must reach a minimum of 40% of the French songs, half at least of which come from new talents or new productions broadcast at significant viewing or listening time for each of the radio broadcasting services authorised by the Conseil supérieur de l'audiovisuel for the share of its programmes comprised of light music.

By way of derogation, the Conseil supérieur de l'audiovisuel may authorise the following proportions for specific formats:

-         for radios specialised in the development of musical heritage: 60% of titles from the French speaking world, including a percentage of new productions of up to 10% of the total, with a minimum of one title per hour on average;

-         for radios specialised in the promotion of young talent: 35% of titles from the French speaking world, including at least 25% of the total from new talent;

3°;

4° The share of the revenues devoted to the purchase of broadcasting rights of original French films;

4 bis Specific provisions to ensure respect for the French language and the influence of the French speaking world;

5° The broadcasting of educational and cultural programmes as well as programmes to promote the various forms of artistic expression;

5° bis The development, using suitable devices, of access to the broadcasted programmes by persons who are deaf or hard of hearing;

6° Specific provisions to ensure the independence of producers with regard to broadcasters;

7° Contribution to cultural, educational actions and defence of consumers;

8° Contribution to the broadcasting of radio and television broadcasting programmes in overseas administrative divisions, territories and territorial communities, to the knowledge in metropolitan France of said administrative divisions, territories and territorial communities and to the broadcasting of cultural programmes of said communities;

9° Contribution to the broadcasting abroad of radio or television broadcasting programmes;

10° The maximum time devoted to advertising or sponsored programmes as well as the methods of including them in programmes;

11° Assistance in addition to the financial support of the film industry and the audio-visual programmes industry in accordance with the terms of allocation defined by the Finance Act,

12° The terms in which television services with national authorisation for uncoded broadcasting shall be authorised to broadcast local television under their editorial responsibility, with the aggregate limit of three hours per day, unless an exception is authorised by the Conseil supérieur de l'audiovisuel. The local television referred to in this paragraph are not deemed to be separate services with local authorisations and may not contain advertisements or sponsored programmes;

13° Undertakings in relation to extension of the territory's cover;

14° Modes of repeat broadcasting, in whole or in part, by terrestrial radio link, by cable or satellite, of the television service in several programmes. Said repeat broadcasts must be made according to an identical principle with regard to the use or not of remuneration by users. The obligations referred to in paragraphs 3 and 4 of Article 27 shall then relate, as a whole, to the service and the obligations referred to in paragraphs 1, 2 and 5 of Article 27 shall relate to each of the programmes forming it;

15° The data related to the main programme to enrich and to complete it.

The agreement referred to in the first paragraph also defines the prerogatives and, in particular, the contractual penalties that the Conseil supérieur de l'audiovisuel may impose to ensure compliance with contractual obligations. Said penalties may not exceed the penalties provided for in paragraphs 1, 2 and 3 of Article 42-1 of this Act. They shall be notified to the holder of the authorisation who may file an appeal to the Conseil d'Etat.

For the application of the provisions of paragraph 2 a of this Article, the Conseil supérieur de l'audiovisuel shall adapt agreements already entered into with authorised radio broadcasting services within six months as from the publication of the Act No. 94-88 of 1 February 1994 amending the Freedom of Communication Act No. 86-1067 of 30 September 1986.

 

Without prejudice to the general rules defined pursuant to this Act and, in particular, its Article 27 and in order to facilitate the development of terrestrial digital television, one or more of the previously listed issues may be regularly revised in agreements entered into with the services producers authorised pursuant to Article 30-1.

 

Article 28-1

 

(Act No. 94-88 of 1 February 1994, Article 8, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 43, Official Journal of 2 August 2000)

 

I. - The term of the authorisation issued pursuant to Articles 29, 30, 30-1, 30-2 and 33-2 may not exceed ten years for television services and five years for other services.

Without invitations to tenders, the Conseil supérieur de l'audiovisuel shall renew authorisations issued pursuant to Articles 29, 30, 30-1 and 33-2 two times at most in addition to the initial authorisation and each time for five years, unless:

1° The State modifies the destination of the frequency or frequencies in question pursuant to Article 21;

2° A penalty, a paid-up fine or a conviction that has been imposed on the holder of the authorisation pursuant to this Act or a conviction passed against it pursuant to Articles 23, 24 and 24 a of the Freedom of the Press Act of 29 July 1881 or Articles 227-23 or 227-24 of the Penal Code is liable to justify the non-renewal of said authorisation, without invitation for tenders;

3° the renewal of the authorisation, without invitations to tenders, is liable to infringe the requirement of pluralism on the national level or on the regional or local level,

4 the holder's financial position prevents it from continuing the operation in satisfactory conditions;

5° For radio broadcasting services, if the service does not satisfy the specific criteria of the category for which authorisation has been granted;

As from 1 January 2002, the authorisations provided for in Articles 30 and 30-1 shall be renewed, without invitations to tenders, only once for a maximum period of five years, save for the cases referred to in paragraphs 1 and 5 above.

II. - One year prior to the expiry of the authorisation issued pursuant to Articles 29, 30 and 33-2, the Conseil supérieur de l'audiovisuel shall publish its reasoned decision of whether or not to implement the renewal procedure, without an invitation for tenders. Said time limit is of eighteen months for the authorisation issued pursuant to Article 30-1.

In the event the Conseil supérieur de l'audiovisuel decides to implement the renewal without an invitation for tenders, its decision, for audio-visual communication services other than radio, shall mention the main clauses of the agreement in force that it wishes to see revised as well as those clauses of which the holder requests amendment.

For the audio-visual communication services other than radio, the Conseil supérieur de l'audiovisuel shall hold a public hearing of the holder within one month following publication of its decision. It may also hold a public hearing of concerned third parties.

 

Failing agreement at least six months prior to the date of expiry of the authorisation issued pursuant to Articles 29, 30 or 33-2 or nine months prior to the date of expiry of the authorisation issued pursuant to Article 30-1, the authorisation shall not be renewed without an invitation for tenders. The Conseil supérieur de l'audiovisuel may then issue a new authorisation to use frequencies only in accordance with the terms of Articles 29, 30, 30-1 and 33-2.

 

Article 28-2

 

(Act No. 94-88 of 1 February 1994, Article 9, Official Journal of 2 February 1994)

 

For the application of Article 28-1, the holder of a concession contract entered into pursuant to Article 79 of the Audio-visual Communication Act No. 82-652 of 29 July 1982 shall be deemed to hold authorisation, without there being any change, however, in the planned expiry of the concession.

 

Article 28-3

 

(Act No. 94-88 of 1 February 1994, Article 9, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 34, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel may, without being bound to make invitations to tenders provided for in Articles 29, 30 or 30-1, issue any company, foundation or association declared pursuant to the Act of 1 July 1901 relating to the contract of association or non-profit-making association governed by the local law in the administrative divisions of Bas-Rhin, Haut-Rhin and Moselle, authorisations relating to a radio or television broadcasting service by terrestrial radio link for a period of nine months at most.

 

Article 29

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 89-25 of 17 January 1989, Article 14 and 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 33, Official Journal of 2 August 2000)

 

Subject to the provisions of Article 26 of this Act, the Conseil supérieur de l'audiovisuel  shall authorise the use of frequencies for the broadcasting of radio broadcasting services by terrestrial radio link in accordance with the terms of this Article.

The council shall publish invitation for tenders for pre-defined geographic areas and categories of services. It shall set the time limit in which tenders must be lodged.

Tender applications shall be submitted either by a company, a foundation or an association governed by the Act of 1 July 1901 relating to the contract of association or non-profit-making association governed by the local law in the administrative divisions of Bas-Rhin, Haut-Rhin and Moselle.

In particular, said applications must state the purpose, the general features of the service, the technical features of emission, the forecasts of expenses and income, the origin and amount of the planned financing as well as the list of directors, the composition of the management body or bodies, the Articles of association of the legal person making the tender. They shall also include the clauses of an agreement that contains proposals in respect of one or more of the issues referred to in Article 28. In the event of a tender submitted by a company, said applications shall also mention the composition of its capital and of its assets, the composition of the share capital of the company that controls the applicant company within the meaning of paragraph 2 of Article 41-3 as well as the composition of its managing bodies and the composition of its assets.

The council shall draw up the list of applicants at the end of the time limit provided for in the second paragraph above.

Based on the tender applications registered, the council shall draw up a list of frequencies that may be allocated in the area in question together with information concerning the emission sites and the effective radiated power.

The applicants on the list provided for in the fifth paragraph of this Article shall inform the council of the frequency or frequencies that they wish to use to broadcast their service.

The council shall grant authorisation by considering each project's public interest, having regard to the priority requirements of the protection of the pluralism of the currents of socio-cultural expression, the diversification of operators and the need to avoid abuse of dominant position as well as restrictive trading practices.

It shall also take account:

1° Of the applicant's experience in communication activities;

2° The financing and the operating prospects of the service, in particular, in relation to the possibilities of sharing advertising resources between the written press firms and audio-visual communication services;

3° The applicant's direct or indirect stakes in the capital of one or more advertising agencies or in the capital of one or more press publishing firms;

4° For services whose programmes include political and general information programmes, the measures envisaged to guarantee the pluralistic nature of the expression of currents of thought and opinion, the integrity of information and its independence with regard to the economic interests of shareholders, especially when they hold procurement contracts or public service concessions;

5° The contribution of the production of locally produced programmes.

The Conseil supérieur de l'audiovisuel shall ensure throughout the territory that an adequate share of frequency resources are allocated to the services produced by an association implementing a communication assignment on the social situation at the local level, which is

defined as favouring exchanges between social and cultural groups, the expression of various socio-cultural currents, support for local development, protection of the environment or the fight against exclusion.

The council shall also ensure a fair balance between the national radio broadcasting networks, on the one hand, and the local, regional and independent theme-based services, on the other hand.

It shall ensure that the public enjoys services whose programmes contribute to political and general information.

 

Article 29-1

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall establish technical committees to examine applications for the authorisations referred to in Article 29 and to ensure performance with the obligations set forth in said authorisations.

Said committees, chaired by a member of the administrative jurisdiction still holding office or an honorary member appointed by the vice-chairman of the Conseil d'Etat, shall be comprised of a six members at most appointed by the The Conseil supérieur de l'audiovisuel from amongst personalities qualified, in particular, in frequency planning, telecommunications or radio broadcasting sectors.

The number of said committees, their geographic jurisdiction, the number of members thereof and the modes of operating shall be defined by decree after consulting the Conseil supérieur de l'audiovisuel.

 

Article 30

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 89-25 of 17 January 1989, Article 17 and 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 35, Official Journal of 2 August 2000)

 

Subject to the provisions of Articles 26 and 65 of this Article, the Conseil supérieur de l'audiovisuel shall authorise the use of frequencies for the broadcasting of television services by terrestrial radio link in analogue mode in accordance with the terms of this Article.

For pre-defined geographic areas and categories of services, the council shall publish a list of available frequencies, by taking account of the specific radio resource requirements to ensure the development of television in digital mode and in particular the need to develop local television services as well as an invitation for tenders. It shall set the time limit within which applicants must be filed.

The tender applications shall be submitted by a commercial company or by an association referred to in the third paragraph of Article 29. In particular, said application shall state the purpose, the general features of the service, the technical features of emission, the forecasts of expenses and income, the origin and amount of the planned financing as well as the composition of the capital, management bodies or assets of said company as well as of the company that controls it within the meaning of paragraph 2° of Article 41-3. If the application is submitted by an association, it shall also provide the list of its corporate officers and members. All tender applications shall include the clauses of an agreement that contains proposals in respect of one or more of the issues referred to in Clause 28, at the end of the time limit provided for in the second paragraph above and after the applicants have been granted a public hearing.

The council shall grant the authorisation by considering each project's public interest, having regard to the priority requirements referred to in the eighth paragraph of Article 29.

It shall also take account of the criteria set forth in paragraphs 1 to 5 of Article 29.

 

Article 30-1

 

(Act No. 2000-719 of 1 August 2000, Article 45, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 17, Official Journal of 18 July 2001)

 

Subject to the provisions of Article 26, the Conseil supérieur de l'audiovisuel shall authorise the use of radio resources for the broadcasting of any television service by terrestrial radio link in digital mode in accordance with the terms of this Article.

I. - The Conseil supérieur de l'audiovisuel shall define categories of services and launch an invitation for tenders to cover a geographic area equal to the whole of the metropolitan territory for the national services. The Conseil supérieur de l'audiovisuel shall pre-define geographic areas for local services. It shall set the time limit in which tenders must be filed and it shall publish the list of frequencies that may be allocated in the area in question together with information concerning the areas in which emission stations may be established and the effective radiated power. It shall endeavour, within the limits of technical and economic restraints, to take account of the various modes of digital terrestrial television reception and, in particular, to favour the development of portable reception and mobile reception.

The Conseil supérieur de l'audiovisuel shall organise a meeting of all concerned public and private players and an all-party consultation relating to the planning of the radio spectrum in view of the optimal development of digital terrestrial broadcasting. It shall publish the conclusions of said consultation prior to 31 October 2000.

II. - Tender applications shall be submitted by the services producers established as a company or an association referred to in the third paragraph of Article 29. In addition to the information referred to in the third paragraph of Article 30, they shall specify:

1° Where applicable, the share of programmed reserved for local expression;

2° The envisaged geographic areas and for the national services the applicant's undertakings with regard to the extension of cover of the territory;

3° If the service is remunerated by users, the terms and conditions of marketing and any agreement entered into or envisaged relating to the conditional access system;

4° The passband requirement for the broadcasting of the service in question;

5° any proposals by the applicant in respect of the choice of its frequency, technical or commercial regrouping of its service with other services that it or third parties produce, the choice of the services distributors referred to in Article 30-2 and, where applicable, the terms and conditions of marketing;

6° Where applicable, the data associated with the television programme to enrich and to complete it as well as broadcasting of audiovisual communication services other than television services;

7° The applicant's undertakings with regard to the time limit for implementing the service.

III. - The Conseil supérieur de l'audiovisuel shall hold a public hearing of the applicants.

 

Without prejudice to the provisions of Articles 1 and 26, it shall authorise the full and simultaneous rerun of authorised television services prior to the entry into force of the aforementioned Act No. 2000-719 of 1 August 2000 when the applicants made a request to this effect and if said rerun occurs according to an identical principle with regard to the use or not of remuneration by users. Full and simultaneous rerun is understood independently of technical features related in particular, to programme format and definition. Moreover, the condition of simultaneousness is not required when the service is directly distributed to the public in the overseas administrative divisions, territories and territorial communities and in New Caledonia. Without prejudice to Articles 39 to 41-4, apart from the second paragraph of Article 41, this authorisation shall be treated as an initial authorisation, of which it constitutes an extension only.

Without prejudice to Articles 1, 26, 39 to 41-4 and the requirements and criteria referred to in the two following paragraphs, the Conseil supérieur de l'audiovisuel shall also grant any producer of a national service authorised pursuant to the previous paragraph that makes a request to this effect a right to use the radio resource for the broadcasting of another television service, on condition that it is produced by a separate legal person controlled by said producer within the meaning of paragraph 2 of Article 41-3.

The council shall grant other authorisations to use the radio resource by considering the project's public interest having regard to the priority requirements and criteria referred to in Articles 29 and 30 as well as the applicant's undertaking with regard to cover of the territory, production and broadcasting of French and European audio-visual works and films. It shall also take account of the consistency of the proposals made by the applicants with regard to technical and commercial regrouping with other services and with regard to the choice of services distributors as well as the need to offer services that satisfy the expectations of a large public and that are liable to encourage a rapid development of digital terrestrial television.

To the extent of their economic and financial viability, in particular, with regard to the advertising resource, it shall favour services that do not use remuneration by users and that contribute to the diversity of operators as well as the pluralism of information, all media combined.

It shall also ensure that local services, in particular, those consisting of the rerun of local services approved under Article 33-1, are favoured.

When the Conseil supérieur de l'audiovisuel authorises one or more programmes consisting, in accordance with the terms of paragraph 14 of Article 28, of the repeat broadcasting in whole or in part of a television service broadcast by terrestrial radio link, each of said programmes shall be deemed, for application of the third paragraph of Article 41, to be covered by a separate authorisation.

 

IV. - To the extent of the radio resource available and based on regrouping proposals made by the applicants, the Conseil supérieur de l'audiovisuel shall specify on which frequency the right to use granted to each service shall be exercised by ensuring as best possible that regroupings thus formed are technically and commercially consistent.

 

Article 30-2

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 47, Official Journal of 2 August 2000)

 

I. - Within a period of two months as from the issue of authorisations pursuant to Article 30-1 and the granting of rights to use the radio resource pursuant to Article 26, services producers that hold a right to use the same radio resource shall jointly propose a separate company that shall be responsible for causing the implementation of the technical operations required to transmit and broadcast their programmes to the public. Failing agreement between the producers on the choice of said distributor, the Conseil supérieur de l'audiovisuel shall launch a new invitations to tenders for the radio resource in question in accordance with the terms of Article 30-1.

II. - Any company proposed under paragraph I shall provide the Conseil supérieur de l'audiovisuel, according to its company form and the scope of the assignments that the services producers entrusted to it, with:

- the information referred to in Article 37, the composition of its capital, managing bodies and assets of said company as well as of the company that controls it within the meaning of paragraph 2 of Article 41-3;

- the forecasts of expenses and income, the commercial terms of broadcasting of programmes, the origin and amount of the planned financing, any agreement to market the conditional access system;

- the technical features of signal shaping relating, in particular, to the choice of the access control system, its transmission and its broadcasting.

III. - The Conseil supérieur de l'audiovisuel shall authorise any company proposed under section I and shall allocate the relevant radio resource to it. Said company shall be deemed to be a services distributor within the meaning of Article 2-1. In the event the council refuses to grant authorisation, the services producers that hold a right to use the same radio resource shall have a new period of two months to jointly propose a new services distributor.

Authorisations issued pursuant this Article shall include criteria to guarantee the fair, reasonable and non-discriminatory conditions of use of the radio resource by the services producers authorised pursuant to Article 30-1. They shall also include the criteria referred to in Article 25.

IV. - A separate producers' company shall market the programmes of services producers authorised pursuant to Article 30-1 to the public. Said company shall be deemed to be a services producer within the meaning of Article 2-1 and it must file a prior declaration with the Conseil supérieur de l'audiovisuel. Said declaration shall include the criteria referred to in the second paragraph of Article 34.2.

For the application of Articles 30-3, 30-5, 41-1-1 and 41-2-1, the holder of a receipt of declaration shall be deemed to hold authorisation to distribute services.

V. - Paragraphs 1 and 2 of Article 42-1 shall not apply to services distributors authorised pursuant to this Article.

 

The Conseil supérieur de l'audiovisuel may withdraw the authorisation in the event of a substantial change in the conditions under the terms of which it had been issued and in particular upon joint request by the holders of authorisations issued pursuant to Article 30-1.

 

Article 30-3

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 48, Official Journal of 2 August 2000)

 

With a period of two months as from the issue of the authorisations provided for in Article 30-2, the producers of television services seeking remuneration from users and holding an authorisation to use the radio resource in accordance with Article 30-1 must have entered into the required agreements on fair, reasonable and non-discriminatory conditions so that each digital reception termination, whose conditional access system and interactivity engine are operated by services distributors holding an authorisation provided for in Article 30-2, may receive their programmes and the services associated therewith.

Failing such agreements, the Conseil supérieur de l'audiovisuel shall define the technical and commercial terms necessary for the execution of said agreements in accordance with the terms provided for in Article 30-5.

 

Article 30-4

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 49, Official Journal of 2 August 2000)

 

To permit better reception of the services authorised pursuant to Article 30-1 in their geographic area, the Conseil supérieur de l'audiovisuel may authorise use of new frequencies and use of new sites, without invitation for tenders, unless said authorisations interfere with the provisions of Article 1 and on condition that the radio resource is adequate to enable all of the services authorised in the geographic area in question to benefit from the provisions of this paragraph.

Failing such authorisations, the Conseil supérieur de l'audiovisuel may launch a new invitation for tenders in accordance with the terms of Article 30.1. Without prejudice to the provisions of Article 26, it shall authorise the full and simultaneous rerun of television services authorised pursuant to Article 30 when the applicants made a request to this effect, then the services that do not seek remuneration from users.

 

Article 30-5

 

(Act No. 2000-719 of 1 August 2000, Article 50, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 17, Official Journal of 18 July 2001)

 

I. - The holders of authorisations referred to in Articles 30-1 and 30-2, the companies holding a priority right to use the radio resource under Article 26, any person referred to in Article 95, the services providers to which said holders, companies and persons use as well as any person referred to in Article 42 may refer any dispute relating to the technical and financial terms relating to the distribution of audio-visual communication services to the public by digital terrestrial radio link to the Conseil supérieur de l'audiovisuel.

When the facts at the origin of the dispute are liable to constitute an anti-competitive practice within the meaning of paragraph III of Order No. 86-1243 of 1 December 1986 relating to unrestricted prices and freedom of competition, the Conseil supérieur de l'audiovisuel shall refer the matter to the Conseil de la concurrence and submit its opinion to it within a period of one month. The matter may be submitted to the Conseil de la concurrence in the scope of emergency proceedings. In this case the Conseil de la concurrence shall decide within two months following the date of such referral to the Conseil.

In other cases, the Conseil supérieur de l'audiovisuel shall implement the procedure provided for in paragraph II.

II. - The Conseil supérieur de l'audiovisuel shall decide within a period of two months after it has given the parties an opportunity to submit their comments.

When the dispute restricts the offer of telecommunication services, the Conseil supérieur de l'audiovisuel shall consult the telecommunications regulatory authority which shall decide within a period of one month. Subject to respect for secrets protected by law, the council may also invite the concerned third parties to submit comments on information that might be of use in settling the disputes referred to it. The opinion of the telecommunications regulatory authority and comments by concerned third parties shall be notified to the parties.

When the dispute directly interferes with the composition of the programme offer authorised by the Conseil supérieur de l'audiovisuel, it may, after hearing the parties in question, order protective measures to ensure the continuity of the programme offer to television viewers.

The Conseil supérieur de l'audiovisuel shall give the reasons for its decision and shall specify the technical and financial terms in which the services shall be marketed and broadcast, in fair, reasonable and non-discriminatory conditions.

The Conseil supérieur de l'audiovisuel shall publish its decision, subject to the secrets protected by law. It shall notify them to the parties and as a consequence modify, where applicable, the authorisations issued.

 

Article 32

 

(Act No. 94-88 of 1 February 1994, Article 15, Official Journal of 2 February 1994)

 

The authorisations provided for in this Article shall be published in the Official Journal of the French Republic with their attendant obligations.

The applicants shall be notified of the refusal to grant authorisation and reasons for such refusal within one month after the publication provided for in the previous paragraph.

 

CHAPTER II

Provisions applicable to radio and television broadcasting by cable and satellite

Section I

Production of radio and television broadcasting services by cable and satellite

 

Article 33

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 17, Official Journal of 30 December 1990)

(Act No. 94-665 of 4 August 1994, Article 13, Official Journal of 5 August 1994)

(Act No. 2000-719 of 1 August 2000, Article 54 and 55, Official Journal of 2 August 2000)

 

A decree in Conseil d'Etat, adopted after consulting the Conseil supérieur de l'audiovisuel, defines for each category of radio or television broadcasting services distributed by cable or broadcast by satellite:

1° The maximum term of agreements;

2° The general rules of programming;

3° The rules applicable to advertising, teleshopping and sponsoring;

4° The rules applicable to the services devoted exclusively to autopromotion or teleshopping;

5° The specific measures to ensure respect for the French language and the influence of the French speaking world as well as those relating to the broadcasting of French musical works or works performed in a regional language spoken in France on radio broadcasting services;

6° The contribution of services producers to the development of the production of films and audio-visual works, in particular, of independent production with regard to them, as well as the share of said contribution or the amount allocated for the purchase of broadcasting rights of said works on the services that they produce, by setting, where applicable, different rules for films and for audiovisual works and in relation to the nature of the works broadcast and the exclusive terms of the broadcasting thereof. For services whose main purpose is the programming of films or audio-visual works, when so justified by the nature of their programme, said contribution may take account in whole or in part of the costs of safeguarding, restoring and developing heritage works. It may also include a part for distribution of films;

7° The purchase of broadcasting rights, according to the various modes of operation and the limitation of the term of said rights when they are exclusive. For the first broadcast of films in exclusivity, the term of the exclusive rights may vary in relation to the nature and the amount of the contribution to the development of the production;

8° The system of broadcasting feature films and, in particular, the setting of a maximum number of broadcasts and repeat broadcasts per year and the hourly schedule of programming of said works;

9° Proportions of European and original French films broadcast, in particular, at prime time, at least equal to respectively 60% and 40%;

10° Proportions of European and original French audio-visual works that may vary, in particular, in relation to the extent of the service producer's investment in the production, without, however, the proportion of European works being less than 50%.

 

Said decree may provide for derogations from the provisions of 5° and 10° for services issued in a language other than that of a member State of the European community.

 

Article 33-1

 

(inserted by Act No. 2000-719 of 1 August 2000, Articles 36, 54 and 85, Official Journal of 2 August 2000)

 

Radio and television broadcasting services that do not consist of the full and simultaneous rerun either of a service provided by a company referred to in Article 44 for the performance of the assignments referred to in Article 43-11 by the channel referred to in Article 45-2 or by the European cultural channel resulting from the treaty signed on 2 October 1990 and broadcast by terrestrial radio link, a service holding an authorisation pursuant to Articles 29, 30 and 30-1 or a service subject to the system of public service concession may be broadcast by satellite or distributed on the cabled networks established pursuant to this chapter only after an agreement has been entered into with the Conseil supérieur de l'audiovisuel defining the obligations specific to said services.

The condition of simultaneousness is not required when the service is directly distributed to the public in the overseas administrative divisions, New Caledonia, the territories of French Polynesia, the islands of Wallis and Futuna and the territorial communities of Mayotte and Saint Pierre-et-Miquelon. Moreover, the condition of full and simultaneous broadcasting is not required for services comprised of several programmes within the meaning of paragraph 14° of Article 28.

Said agreement, which may be entered into with a legal person only, shall define, in compliance with the general rules laid down pursuant to this Act and, in particular, its Article 33, the obligations specific to the service in question as well as the prerogatives and contractual penalties that the Conseil supérieur de l'audiovisuel may impose to ensure compliance with the contractual obligations. It may, within the limits set by the decree provided for in Article 33, provide for the gradual application of the rules provided for therein, in relation, in particular, to the number of households receiving or that may receive said service; however, said time limit may not exceed five years.

For the services that broadcast films, the agreement may also relate to the assistance in addition to the financial support of the film industry and the audio-visual industry in accordance with the terms of allocation defined by the Finance Act.

For the television services whose programmes include political and general information programmes, the agreement shall specify the measures to be implemented to guarantee the pluralistic nature of the expression of currents of thought and opinion as well as the integrity of information and its independence with regard to the economic interests of shareholders, especially when they hold procurement contracts or public service concessions.

The agreement shall specify the modes of repeat broadcasting, in whole or in part, by cable or satellite, of the television service in several programmes. Said repeat broadcasts must be made according to an identical principle with regard to the use or not of remuneration by users. The obligations referred to in 6° and 7° of Article 33 shall then relate, as a whole, to the service and the obligations referred to in 1°, 2°, 3°, 4°, 5°, 8°, 9° and 10° of same Article shall relate to each of the programmes forming it.

 

Article 33-2

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 54 and 56, Official Journal of 2 August 2000)

 

Subject to the provisions of Article 26 of this Act, the Conseil supérieur de l'audiovisuel shall authorise the use of broadcasting frequencies for radio and television broadcasting by satellite in accordance with a procedure laid down by decree in Conseil d'Etat. Authorisations, the term of which may not exceed ten years for television services and five years for radio broadcasting services, may be granted to companies only.

The council shall grant the authorisation having regard to the priority requirements referred to in the eighth paragraph of Article 29 and by taking account of the criteria set forth in the last three paragraphs (1°, 2° and 3°) of this Article.

The radio and television broadcasting services broadcast on said frequencies shall be subject to the provisions provided for in Articles 33 and 33-1.

 

Article 33-3

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 54 and 85, Official Journal of 2 August 2000)

 

Telecommunication services whose purpose is directly related to the supply of a radio and television broadcasting service may be provided on cabled networks established pursuant to this chapter only after authorisation by the Conseil supérieur de l'audiovisuel in accordance with the terms provided for in Article 34 if they are related to several radio and television broadcasting services or else after an agreement has been entered into subject to the terms provided for in Article 33-1 if they are related to one service only.

 

Section II

Distribution of radio and television broadcasting services by cable and satellite

 

Article 34

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 17, Official Journal of 30 December 1990)

(Act No. 92-653 of 13 July 1992, Article 2, Official Journal of 16 July 1992)

(Act No. 2000-719 of 1 August 2000, Article 54 and 58, Official Journal of 2 August 2000)

 

I. - Towns or groups of towns shall establish or authorise the establishment of networks that distribute radio and television broadcasting services by cable on their territory, by ensuring the consistency of all cabled distribution infrastructures in the public interest.

Towns shall authorise the establishment and modifications of collective aerials in accordance with the terms provided in the previous paragraph.

In dispersed residential areas whose features are defined by decree, such a network may consist of one or more radio links for the exclusive use of the transmission within said network of radio and television broadcasting services, after authorisation to use the necessary frequency or frequencies has been issued by the proper authority pursuant to Article 21.

For the territory of French Polynesia, such a network may consist of one ore more radio links to permit direct and individual reception of signals in transit by subscriber households.

The networks must conform with overall technical specifications defined by joint order by the Ministers for Industry, Telecommunications and Communication, adopted after consulting the Conseil supérieur de l'audiovisuel. They shall be subject to technical supervision by the aforementioned ministers.

The Conseil supérieur de l'audiovisuel shall authorise operation of the networks thus established based on proposals by towns or groups of towns in accordance with the terms defined by decree in Conseil d'Etat.

II. - Authorisation to operate may be issued only to a company, a low cost housing body within the meaning of Article L. 411-2 of the Building and Housing Code or a town or inter-town authority such as provided for in Article L. 221-10 of the General Code of Territorial Communities or provided for by Electricity and Gas Nationalisation Act No. 46-628 of 8 April 1946, which is a legal person and is financially independent. It shall specify the term of the authorisation as well as the composition and structure of the services offer, the terms and conditions of marketing thereof and any agreement to market the conditional access system. It may include obligations. It shall define the methods of checking compliance with such obligations. Said obligations shall relate to the following issues:

1° The live transmission of services broadcast by radio link normally received in the area and the live transmission of the international service covered by an agreement in accordance with Article 33-1 that contributed to France's external audio-visual action, to the influence of the French speaking world and to that of the French language in which at least one of the companies referred to in Articles 44 and 45 is involved within the limits and subject to the terms defined in the decree referred to in the sixth paragraph of I of the present Article;

2° The composition and structure of the services offer and, in particular, in accordance with the terms defined by decree in Conseil d'Etat, the minimum proportions of services in the French language amongst the services that entered into an agreement pursuant to Article 33-1 that, on the one hand, are not controlled directly or indirectly either by the services distributor or by one of its shareholders that owns at least 5% of its capital or by the physical or legal person that directly or indirectly controls at least half of the services in question and, on the other hand, are not controlled directly or indirectly by a services distributor within the meaning of Article 2-1.

Moreover, the authorisation may provide for :

a) The full time or shared allocation of a channel to a town or a group of concerned towns for information on town and, where applicable, inter-town life. A legal person with which the town or group of towns may sign a contract with regard to objectives and means defining the public service assignments and the terms of implementation thereof may be appointed to operate the channel for a term between three and five calendar years. Said contract shall be attached to the agreement provided for in Article 33-1;

b) The full time or shared allocation of a channel to an association declared pursuant to the Act of 1 July 1901 relating to the contract of association or non-profit-making association governed by the local law in the administrative divisions of Bas-Rhin, Haut-Rhin and Moselle, whose role is to program programmes concerning local life. The Conseil supérieur de l'audiovisuel shall appoint the association to which the channel is to be allocated in relation, in particular, to the guarantees that it submits with regard to respect for the pluralism of currents of thought and opinion;

c) Distribution of a minimum number of own programmes;

d) Payment by the operator of a licence to the town or group of concerned towns,

III. - The Conseil supérieur de l'audiovisuel shall ensure that the composition of the offer, with regard to the services that it approved pursuant to Article 33-1, conform with the public interest having regard, in particular, to the variety of services proposed, the economic equilibrium of contractual relations between services producers and for services subject to the obligations provided for in paragraph 6 of Article 33, in relation to the extent of their contribution to the development of film and audio-visual production.

Any change in the composition and structure of an offer shall be notified to the Conseil supérieur de l'audiovisuel which may object thereto by reasoned decision within one month following notification if it considers that it is liable to call the authorisation into question, in particular, with regard to the obligations provided for in 1° and 2° of II as well as the criteria referred to in the previous paragraph.

 

Article 34-1

 

(Act No. 90-1170 of 29 December 1990, Article 17, Official Journal of 30 December 1990)

(Act No. 91-645 of 10 July 1991, Article 3, Official Journal of 13 July 1991)

(Act No. 93-1 of 4 January 1993, Article 12, Official Journal of 5 January 1993)

(Act No. 2000-719 of 1 August 2000, Article 16 and 54, Official Journal of 2 August 2000)

 

Radio and television broadcasting services that do not consist of the full and simultaneous rerun either of a service provided by a company referred to in Article 44 for the performance of the assignments referred to in Article 43-11 by the channel referred to in Article 45-2 or by the European cultural channel resulting from the treaty signed on 2 October 1990 and broadcast by terrestrial radio link, a service holding an authorisation pursuant to Articles 29, 30, 31 and 65 or a service subject to the system of public service concession may be distributed on the cabled networks established pursuant to this chapter only after an agreement has been entered into with the Conseil supérieur de l'audiovisuel defining the obligations specific to said services.

The condition of simultaneousness is not required when the service is directly distributed to the public in the overseas administrative divisions, New Caledonia, the territories of French Polynesia, the islands of Wallis and Futuna and the territorial communities of Mayotte and Saint Pierre-et-Miquelon. Moreover, the condition of full and simultaneous broadcasting is not required for services comprised of several programmes within the meaning of 14° of Article 28.

Said agreement, which may be entered into with a legal person only, shall define, in compliance with the general rules laid down pursuant to this Act and, in particular, its Article 33, the obligations specific to the service in question as well as the prerogatives and contractual penalties that the Conseil supérieur de l'audiovisuel may impose to ensure compliance with the contractual obligations. It may, within the limits set by the decree provided for in Article 33, provide for the gradual application of the rules provided for therein, in relation, in particular, to the number of households receiving or that may receive said service; however, said time limit may not exceed five years.

 

Article 34-2

 

(Act No. 90-1170 of 29 December 1990, Article 17, Official Journal of 30 December 1990)

(Act No. 93-1 of 4 January 1993, Article 12, Official Journal of 5 January 1993)

(Act No. 96-659 of 26 July 1996, Article 21, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Articles 54 and 60, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 17, Official Journal of 18 July 2001)

 

Any services distributor that distributes an audio-visual communication services offer that includes radio and television broadcasting services to the public by satellite must make a prior declaration to the Conseil supérieur de l'audiovisuel. Said declaration may be submitted by a company only.

The declaration shall contain a file with the following information: the composition and structure of the services offer, the terms and conditions of marketing thereof, the economic equilibrium of relations with the services producers, the composition of the company's capital as well as any agreement to market the conditional access system.

Any change in said information must be notified to the Conseil supérieur de l'audiovisuel before such change occurs.

For the application of Articles 41-1-1 and 41-2-1, the holder of a receipt of declaration shall be deemed to hold authorisation to distribute services.

A decree in Conseil d'Etat defines the terms in which each services distributor by satellite whose offer includes services covered by an agreement pursuant to Article 33-1 must provide, amongst such services, minimum proportions of services in the French language which, on the one hand, are not controlled directly or indirectly by the distributor or by one of its shareholders that owns at least 5% of its capital or by the physical or legal person that directly or indirectly controls at least half of the services in question and, on the other hand, are not controlled directly or indirectly by a services distributor within the meaning of Article 2-1.

Any services distributor by satellite on the metropolitan territory shall distribute free of charge to its subscribers the international service covered by an agreement pursuant to Article 33-1 that contributes to France's external audio-visual action, to the influence of the French speaking world and to that of the French language, in which at least one of the companies referred to in Articles 44 and 45 is involved.

The Conseil supérieur de l'audiovisuel may by reasoned decision within one month following the declaration provided for in the first paragraph or the notification provided for in the third paragraph object either to the operation of a services offer by satellite or to a change in the composition and structure of said offer if its considers that said offer does not satisfy or no longer satisfies the criteria and obligations provided for in the fifth paragraph.

 

Article 34-3

 

(Act No. 92-653 of 13 July 1992, Article 4, Official Journal of 16 July 1992)

(Act No. 2000-719 of 1 August 2000, Article 54 and 61, Official Journal of 2 August 2000)

 

Any services distributor by satellite on the metropolitan territory shall distribute free of charge to its subscribers the services of the national programme companies referred to in paragraph I of Article 44 and of the European cultural channel resulting from the treaty of 2 October 1990 that are broadcast by terrestrial radio link in analogue mode, unless said latter companies consider that the services offer is clearly incompatible with compliance with their public service assignments.

Notwithstanding Article 108 for overseas administrative divisions, territories, territorial communities and New Caledonia, any services distributor by satellite shall distribute free of charge to its subscribers the services of the national programme company France Overseas Network that are broadcast by terrestrial radio link in analogue mode, unless said latter company considers that the services offer is clearly incompatible with compliance with its public service assignments.

Services distributor by satellite shall bear the costs of the transportation and broadcasting of said rerun. For overseas administrative divisions, territories, territorial communities and New Caledonia, services distributors and the national programme company France Overseas Network may share said costs.

 

CHAPTER III

Provisions applicable to all audio-visual communication services subject to authorisation

 

Article 35

 

It is forbidden to lend one's name, in any way whatsoever, to any person who applies for the issue of an authorisation for an audio-visual service or who owns or controls, within the meaning of Article 355-1 of Companies Act No. 66-537 of 24 July 1966, a company that holds such an authorisation.

 

Article 36

 

(Act No. 2000-719 of 1 August 2000, Article 62, Official Journal of 2 August 2000)

 

Shares representing the capital of a company that holds an authorisation issued pursuant to this Act must be registered.

 

Article 37

 

(Act No. 2000-719 of 1 August 2000, Article 63, Official Journal of 2 August 2000)

 

Any legal person that holds an authorisation for an audio-visual communication service shall make permanently available to the public:

1° ;

2° Its name or corporate name, its registered office, the name of its legal representative and of its three main shareholders;

3° The name of the director of the publication and the name of the editorial manager;

4° The list of publications produced by the legal person and the list of other audio-visual communication services that it provides.

 

Article 38

 

(Act No. 89-25 of 17 January 1989, Article 39, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 64, Official Journal of 2 August 2000)

 

Any physical or legal person that happens to hold a part in excess of or equal to 10 percent of the capital or voting rights at the general meetings of a company that holds an authorisation pursuant to this Act must inform the Conseil supérieur de l'audiovisuel thereof within one month as from exceeding said thresholds.

 

Article 39

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 94-88 of 1 February 1994, Article 14, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 65, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 17, Official Journal of 18 July 2001)

 

I. - A same physical or legal person acting alone or together with others may not hold, directly or indirectly, more than 49% of the capital or voting rights of a company that holds an authorisation for a national television service broadcast by terrestrial radio link whose average annual audience by terrestrial radio link, by cable and by satellite, both in analogue and in digital mode, exceeds 2.5% of the total audience of the television services.

For the application of the previous paragraph, the audience of each of the programmes consisting, within the meaning of paragraph 14 of Article 28, in the repeat broadcasting, in whole or in part, by terrestrial radio link, by cable and by satellite, of a broadcast television service shall be counted jointly with the audience of the repeat broadcast of the service.

A decree in Conseil d'Etat defines the provisions for application of the previous two paragraphs. In particular, it shall set the conditions in which the Conseil supérieur de l'audiovisuel shall record the audience share of the television services and, in the event the audience level referred to above is exceeded allow the parties in question a time limit which may not exceed one year to conform with the aforementioned rule.

When a physical or legal person holds, directly or indirectly, more than 15 percent of the capital or voting rights of a company that holds an authorisation for a national television service by terrestrial radio link in analogue mode, such party may not hold, directly or indirectly, more than 15 percent of the capital or voting rights of another company that holds such an authorisation.

When a physical or legal person owns, directly or indirectly, more than 5 percent of the capital or voting rights of two companies that hold an authorisation for a national television service broadcast by terrestrial radio link in analogue mode, such party may not hold, directly or indirectly, more than 5 percent of the capital or voting rights of another company that holds such an authorisation.

II. - A same physical or legal person may not hold, directly or indirectly, more than half the capital or voting rights of a company that holds an authorisation for a television service broadcast exclusively on the frequencies allocated to a radio and television broadcasting service by satellite.

When a physical or legal person owns, directly or indirectly, more than one third of the capital or voting rights of a company that holds an authorisation for a television service broadcast exclusively on the frequencies allocated to a radio and television broadcasting service by satellite, such party may not hold, directly or indirectly, more than one third of the capital or voting rights of another company that holds such an authorisation.

 

When a physical or legal person owns, directly or indirectly, more than 5 percent of the capital or voting rights of two companies that hold an authorisation for a television service broadcast exclusively on the frequencies allocated to a radio and television broadcasting service by satellite, such party may not hold, directly or indirectly, more than 5 percent of the capital or voting rights of another company that holds such an authorisation.

III. - A same physical or legal person may not hold, directly or indirectly, more than half the capital or voting rights of a company that holds an authorisation for a television service broadcast by terrestrial radio link that services an area with a recorded population of between two hundred thousand and six million people.

IV. - The provisions of this Article shall apply subject to compliance with vested legal interests.

V. - The fact of exceeding the part of the capital or voting rights provided for under the regulations adopted pursuant to Article 6 a of the Stock Exchange Act No. 88-70 of 22 January 1988 shall entail the obligation to file a draft public offer only within the limit of the share of the capital or rights that enable it to reach the applicable limit pursuant to this Article.

 

Article 40

 

Subject to the international undertakings signed by France, no foreign national may make a purchase that directly or indirectly causes the share of capital owned by foreigners to exceed 20 percent of the share capital or voting rights in general meetings of a company that holds an authorisation for a radio or television broadcasting service by terrestrial radio link provided in the French language.

For the application of this Article, any individual of foreign nationality, any company of which the majority of the capital is not owned, directly or indirectly, by individuals or legal entities of French nationality and any association whose corporate officers are foreign nationals shall be deemed to be persons of foreign nationality.

 

Article 41

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 94-88 of 1 February 1994, Article 15, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 66, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 17, Official Journal of 18 July 2001)

(Act No. 2001-616 of 11 July 2001, Article 75, Official Journal of 13 July 2001)

 

A same physical or legal person may, on the basis of authorisations for the use of frequencies that it holds for the broadcasting of one or more radio broadcasting services by terrestrial radio link or by means of a programme that it provides to other holders of authorisations, have de jure or de facto several networks only insofar as the sum of the recorded populations in the areas serviced by said different networks does not exceed a population of 150 million.

No one may hold two authorisations each for a national television service broadcast by terrestrial radio link or simultaneously hold authorisation for a national television service broadcast by terrestrial radio link and an authorisation for a service of the same kind other than a national service.

However, a same person may simultaneously hold an authorisation for a national television service broadcast by terrestrial radio link and several authorisations for services of the same kind each servicing a different geographic area located in an overseas administrative division or in an overseas territory or in New Caledonia or in Mayotte.

However, a same person may hold, directly or indirectly, a maximum number of five authorisations each for a national television programme or service broadcast by terrestrial radio link in digital mode when said services or programmes are produced by separate companies or when they are authorised in accordance with the terms provided for in the second or last paragraph of paragraph III of Article 30-1.

A person may not hold more than two authorisations each for a television service broadcast exclusively on frequencies allocated to radio and television broadcasting by satellite.

A person that holds one or more authorisations each for a television service broadcast by terrestrial radio link in analogue mode other than national may not become a holder of a new authorisation for a service of the same kind other than national if said authorisation were to cause the recorded population of the areas serviced by all of the services of the same kind for which it would hold authorisation to exceed a population of six million.

A person that holds one ore more authorisations each for a television service broadcast by terrestrial radio link in digital mode other than national may not become a holder of a new authorisation for a service of the same kind other than national if such authorisation were to cause the recorded population of the areas serviced by all of the services of the same kind for which it would hold authorisations to exceed a population of six million.

A person that holds an authorisation to operate a television service by terrestrial radio link in analogue mode in a specific area may not become a holder of a new authorisation for a service of the same kind broadcast in whole or in part on the same area in analogue mode.

 

A person that holds an authorisation to operate a television service by terrestrial radio link in digital mode for a specific area may not become a holder of a new authorisation for a service of the same kind broadcast, in whole or in part, on the same area in digital mode.

 

A person that holds one or more authorisations each for the operation of a network that distributes radio and television services by cable may not become a holder of a new authorisation for a service of the same kind if said authorisation causes the recorded population of the areas serviced by all of the networks that it would be authorised to operate to exceed a population of eight million.

 

Article 41-1

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 67, Official Journal of 2 August 2000)

 

To protect pluralism on the national level in analogue mode, no authorisation for a radio or television broadcasting service by terrestrial radio link in analogue mode or for the operation of a network that distributes radio and television broadcasting services by cable may be issued to a person who, on account thereof, would be in more than two of the following situations:

1° Be a holder of one or more authorisations for television services broadcast by terrestrial radio link that allows servicing of areas whose recorded population stands at four million people;

2° Be a holder of one or more authorisation for radio broadcasting services that allows servicing of areas whose recorded population stands at thirty million people;

3° Be a holder of one or more authorisations for the operation of networks that distribute radio and television broadcasting services by cable that allow servicing of areas whose recorded population stands at six million people;

4° Produce or control one or more daily printed publications of political and general information representing more than 20% of the total circulation on the national territory of printed daily publications of the same kind, considered over the last twelve months known prior to the date on which the application for authorisation was submitted.

However, an authorisation may be issued to a person who does not satisfy the provisions of this Article, provided that such person conforms with said provisions within a time limit set by the Conseil supérieur de l'audiovisuel and which may not exceed six months.

 

Article 41-1-1

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 68, Official Journal of 2 August 2000)

 

To protect pluralism on the national level in digital mode, no authorisation may be issued pursuant to Articles 30-1 or 30-2 to a person who, on account thereof, would be in more than two of the following situations:

1° Be a holder of one or more authorisations for television services broadcast by terrestrial radio link in digital mode that allows servicing of areas whose recorded population stands at four million people;

2° Be a holder of one or more authorisation for radio broadcasting services that allows

servicing of areas whose recorded population stands at thirty million people;

3° Be a holder of one or more authorisations to distribute services that allow servicing of areas whose recorded population stands at six million people;

4° Produce or control one or more daily printed publications of political and general information representing more than 20% of the total circulation on the national territory of printed daily publications of the same kind, considered over the last twelve months known prior to the date on which the application for authorisation was submitted.

However, an authorisation may be issued to a person who does not satisfy the provisions of this Article, provided that such person conforms with said provisions within a time limit set by the Conseil supérieur de l'audiovisuel and which may not exceed six months.

 

Article 41-2

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 2000-719 of 1 August 2000, Article 67, Official Journal of 2 August 2000)

 

To protect pluralism on the regional and local level in analogue mode, no authorisation for a radio or television broadcasting service, other than national, by terrestrial radio link in analogue mode or the operation of a network that distributes radio and television broadcasting services by cable may be issued for a specific geographic area to a person who, on account thereof, would be in more than two of the following situations:

1° Be a holder of one or more authorisations for television services, whether national or not, broadcast by terrestrial radio link in the area in question;

2° Be a holder of one or more authorisations for radio broadcasting services, whether national or not, whose total potential audience in the area in question exceeds 10 percent of the total potential audiences in the same area of all public or authorised services of the same kind;

3° Be a holder of one or more authorisations for the operation of networks that distribute radio and television broadcasting services by cable within said area;

4° Produce or control one or more daily printed publications of political and general information, whether national or not, circulated in said area.

However, an authorisation may be issued to a person who does not satisfy the provisions of this Article, provided that such person conforms with its provisions in accordance with the terms set forth in the last paragraph of Article 41-1 above.

 

 

Article 41-2-1

 

(Act No. 2000-719 of 1 August 2000, Article 67, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 17, Official Journal of 18 July 2001)

 

To protect pluralism on the regional and local level in digital mode, no authorisation, other than national, may be issued pursuant to Articles 30-1 or 30-2 for a specific geographic area to a person who, on account thereof, would be in more than two of the following situations:

1° Be a holder of one or more authorisations for digital television services, whether national or not, broadcast by terrestrial radio link in the area in question;

2° Be a holder of one or more authorisations for radio broadcasting services, whether national or not, whose total potential audience in the area in question exceeds 10 percent of the total potential audiences in the same area of all public or authorised services of the same kind;

3° be a holder of one or more authorisations for the operation of networks that distribute services in the area in question;

4° produce or control one or more daily printed publications of political and general information, whether national or not, circulated in said area.

However, an authorisation may be issued to a person who does not satisfy the provisions of this Article, provided that such person conforms with said provisions in accordance with the terms set forth in the last paragraph of Article 41-1.

 

Article 41-3

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Act No. 94-88 of 1 February 1994, Article 15, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 70, Official Journal of 2 August 2000)

 

For the application of Articles 39, 41, 41-1, 41-1-1, 41-2 and 41-2-1:

1° ;

2° Any physical or legal person that controls, in the light of the criteria set forth in Article 355-1 of the aforementioned Act No. 66-537 of 24 July, a company holding an authorisation or which is under said company's authority or dependent upon said company shall be deemed to hold an authorisation. Any entity that operates or controls a radio broadcasting service by terrestrial radio link or a television service broadcast exclusively on the frequencies allocated to radio and television broadcasting by satellite from abroad or on frequencies allocated to foreign States and normally received in the French language in France;

3° Any physical or legal person that controls, within the meaning of Article 11 of Act No. 87-897 of 1 August 1986 on reform of the legal status of the press, the firm that publishes a publication shall be deemed to be the publisher of said publication;

4° In relation to radio broadcasting by terrestrial radio link:

a) Any service or group of services that broadcasts a same programme for a majority proportion of air time of each service shall constitute a network;

b) Any network that services an area with a recorded population in excess of 30 million people shall constitute a national broadcasting network.

5° Any television service broadcast by terrestrial radio link that services a geographic area with a recorded population in excess of six million people shall be deemed to be a national service;

6° Any service broadcast by terrestrial radio link which is broadcast simultaneously and in full on frequencies allocated to radio and television broadcasting by satellite shall be deemed to constitute a sole service broadcast by terrestrial radio link;

6° bis Any service broadcast by terrestrial radio link in digital mode, authorised after an invitation for tenders and consisting for overseas areas in the full rerun of a national programme authorised on the metropolitan territory, produced by the same legal person, shall be deemed to constitute a sole service broadcast by terrestrial radio link;

7° The potential audience of an audio-visual communication service means the population recorded in the towns or parts of the towns located in the servicing area of said service.

 

Article 41-4

 

(Act No. 86-1210 of 27 November 1986, Article 1, Official Journal of 28 November 1986)

(Order No. 86-1243 of 1 December 1986, Article 60, Official Journal of 9 December 1986)

(Act No. 89-25 of 17 January 1989, Article 18, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 37, Official Journal of 2 August 2000)

(Act No. 2001-420 of 15 May 2001, Article 98, Official Journal of 16 May 2001)

 

When mergers or planned mergers concerning, directly or indirectly, a producer or a distributor of audio-visual communication services are referred to the Conseil de la concurrence, pursuant to Article L. 430-5 of the Commercial Code, the Conseil de la concurrence shall consult the Conseil supérieur de l'audiovisuel. For this purpose, the Conseil de la concurrence shall notify the Conseil supérieur de l'audiovisuel of any seisin in relation to said transactions. The Conseil supérieur de l'audiovisuel shall forward its comments to the Conseil de la concurrence within a period of one month following receipt of said communication.

The Conseil de la concurrence shall also consult the Conseil supérieur de l'audiovisuel in respect of anti-competitive practices referred to it concerning the audio-visual communication sector. For this purpose, it shall notify it of any seisin in relation to such practices. The Conseil supérieur de l'audiovisuel shall forward its comments to the Conseil de la concurrence within a period of one month following receipt of said communication.

The Conseil supérieur de l'audiovisuel shall refer any fact that may constitute an anti-competitive practice within the meaning of title III of the aforementioned order No. 86-1243 of 1 December 1986 that may come to its knowledge concerning the audio-visual communication service to the Conseil de la concurrence.

 

Article 42

 

(Act No. 86-1210 of 27 November 1986, Article 6, Official Journal of 28 November 1986)

(Order No. 86-1243 of 1 December 1986, Article 60, Official Journal of 9 December 1986)

(Order No. 86-1243 of 1 December 1986, Article 60, Official Journal of 9 December 1986)

(Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

(Act No. 94-88 of 1 February 1994, Article 5, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel may serve producers and distributors of radio or television broadcasting services with formal notice to comply with their obligations pursuant to the law and regulations and pursuant to the principles defined in Article 1 of this Act.

The Conseil supérieur de l'audiovisuel shall publish said formal notices.

Professional organisations and trade unions representative of the audio-visual communication sector, the Conseil national des langues et cultures régionales and family associations as well as associations of which one of their objects is the defence of television viewers' interests may request the Conseil supérieur de l'audiovisuel to initiate the formal notice procedure provided for in the first paragraph of this Article.

 

Article 42-1

 

(Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

If a producer or a distributor of a radio or television broadcasting service fails to comply with the formal notice served, the Conseil supérieur de l'audiovisuel may, considering the seriousness of the breach, one of the following penalties:

1° Suspension of the authorisation or a part of the programme for one month at most;

2° Reduction of the term of the authorisation within the limit of one year;

3° A pecuniary penalty possibly accompanied by a suspension of the authorisation or a part of the programme if the breach does not constitute a criminal offence;

4° Withdrawal of the authorisation.

 

Article 42-2

 

(Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

The amount of the pecuniary penalty must be commensurate with the seriousness of the breaches committed and related to the benefits drawn from the breaches, without being able to exceed 3 percent of the revenues, excluding tax, made during the last year ended calculated over a period of twelve months. Said maximum shall be brought to 5 percent in the event of a further breach of the same obligation.

For the application of this Article, all advertising revenues from the activity of the service shall be included in the amount of the revenues.

Pecuniary penalties shall be recovered as state credits other than tax and state property.

Article 42-3

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

The authorisation may be withdrawn, without prior formal notice, in the event of a substantial change in data on the basis of which the authorisation had been issued, in particular, changes in the structure of the share capital or of management bodies and in the terms and conditions of financing.

 

Article 42-4

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

Whenever holders of authorisations for the operation of an audio-visual communication service breach their obligations, the Conseil supérieur de l'audiovisuel may order the inclusion in programmes of a communiqué whose the terms and conditions of broadcasting it shall define. The holder shall be liable to a pecuniary penalty in the event of refusal to conform with said decision.

 

Article 42-5

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

Facts dating back more than three years may not be referred to the Conseil supérieur de l'audiovisuel if no action has been taken to investigate, record or punish such facts.

 

Article 42-6

 

(Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

The decisions of the Conseil supérieur de l'audiovisuel shall be reasoned. They shall be notified to the producer or distributor of the radio or television broadcasting services. They shall be published in the Official Journal of the French Republic.

 

Article 42-7

 

(Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

The penalties provided for in paragraphs 2°, 3° and 4° of Article 42-1 as well as those of Article 42-3 shall be imposed in accordance with the terms of this Article.

The Conseil supérieur de l'audiovisuel shall notify the complaints to the producer or distributor of the radio or television broadcasting service for operation of an audio-visual communication service which may consult the file and submit its written comments within a period of one month. In the event of an emergency, the chairman of the Conseil supérieur de l'audiovisuel may shorten said period, without being able to set it at less than seven days.

The Conseil supérieur de l'audiovisuel shall hear the producer or the services producer.

 

Article 42-8

 

(Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

The producer or distributor of radio or television broadcasting services may file an appeal before the Conseil d'Etat against the decisions of the Conseil supérieur de l'audiovisuel referred to in Articles 42-1, 42-3 and 42-4 of this Act.

 

Article 42-9

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

The appeal filed against decisions of withdrawal taken without prior formal notice shall be suspensive unless the withdrawal is motivated by violation of law and order, public security or health. The Conseil d'Etat shall rule within three months.

 

Article 42-10

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

In the event of breach of obligations arising from the provisions of this Act and with respect to the performance of the assignments of the Conseil supérieur de l'audiovisuel, its chairman may seek a court order against the person liable for said breach which orders said person to conform with its provisions, to terminate the irregularity or to abolish the effects thereof.

The application shall be president of the legal service of the Conseil d'Etat, which shall rule in interlocutory proceedings and whose ruling shall be immediately enforceable. The president, even on his own motion, make take all protective measures and impose a fine with respect to the enforcement of his order.

Any concerned person may be joined as party in the legal action brought by the chairman of the Conseil supérieur de l'audiovisuel.

 

Article 42-11

 

(inserted by Act No. 89-25 of 17 January 1989, Article 19, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall refer any violation of the provisions of this Act to the public prosecutor.

 

Article 42-12

 

(Act No. 94-88 of 1 February 1994, Article 13, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 71, Official Journal of 2 August 2000)

 

When a firm that holds an authorisation in respect of an audio-visual communication service is concerned by a transfer plan in accordance with the terms provided for in Articles 81 et seq. of the Act No. 85-98 of 25 January 1985 relating to the court-ordered administration and liquidation of firms, the court may, at the request of the public prosecutor and after said magistrate has, within a period of one month, obtained the favourable opinion of the Conseil supérieur de l'audiovisuel, in accordance with the terms provided for by decree, authorise the execution of a business-leasing agreement in accordance with Articles 94 et seq. of the aforementioned Act No. 85-98 of 25 January 1985. Throughout the term of said business-leasing, the transferee, notwithstanding the provisions of Article 42-3 of this Act, shall hold the authorisation that had been granted to the transferred firm.

If, during the business-leasing, the transferee does not obtain the necessary authorisation from the Conseil supérieur de l'audiovisuel, the court, on its own motion or upon application by the commissioner with responsibility for implementing the plan or by the public prosecutor, shall order the termination of the business-leasing agreement and the cancellation of the plan. In this case, there shall be no need to apply the provisions of Article 98 of the aforementioned Act No. 85-98 of 25 January 1985.

The authorisation referred to in the previous paragraph shall be issued, without an invitation for tenders.

 

Article 42-13

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 76, Official Journal of 2 August 2000)

 

An action to have the decisions taken by the Conseil supérieur de l'audiovisuel pursuant to paragraph II of Article 30-5 declared void or reformed may be brought within a period of one month as from notification thereof.

The legal action shall not have suspensory effect. However, enforcement of the decision may be suspended by court order if it is liable to entail clearly excessive consequences or if new facts of an exceptional seriousness occur after the notification thereof.

An action to have the protective measures taken by the Conseil supérieur de l'audiovisuel declared void or reformed may be brought ten days at the most after the notification thereof. Said action shall be judged within a period of one month.

 

Article 42-14

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 77, Official Journal of 2 August 2000)

 

Actions against the decisions and protective measures taken by the Conseil supérieur de l'audiovisuel pursuant to paragraph II of Article 30-5 shall be brought before the Court of Appeal of Paris.

The appeal to the Cour de Cassation brought, where applicable, against the ruling of the Court of Appeal shall brought within a period of one month after notification of said ruling.

 

Article 42-15

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 78, Official Journal of 2 August 2000)

 

When a party to the dispute fails to conform within the time limits set in the decision taken pursuant to paragraph II of Article 30-5, the Conseil supérieur de l'audiovisuel may impose a pecuniary penalty on it in accordance with the terms of Articles 42-2 and 42-4.

Said decisions shall be reasoned. They shall be notified to the concerned party. A appeal before the Conseil d'Etat, which shall have a suspensory effect, may be brought against said decisions.

 

CHAPTER IV

Provisions relating to audio-visual communication services subject to a prior declaration

 

Article 43

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 18, Official Journal of 30 December 1990)

(Act No. 92-653 of 13 July 1992, Article 3, Official Journal of 16 July 1992)

(Act No. 2000-719 of 1 August 2000, Articles 2 and 85, Official Journal of 2 August 2000)

 

Shall be subject to prior declaration:

1° ;

2° Notwithstanding Articles 33-1 and 34 of this Act:

a) The operation of networks that service less than one hundred households and which only distribute radio and television broadcasting services broadcast by terrestrial radio link and by satellite and which are normally received in the area as well as the operation of networks which only distribute radio and television broadcasting services broadcast by terrestrial radio link and which are normally received in the area. Any legal person may then operate.

However, when said networks are located in an area serviced by a network authorised pursuant to Article 34, they may be operated under the regime of prior declaration only if an

offer to connect to the authorised network has been previously rejected either by the general meeting of co-owners in accordance with the terms provided for under j of Article 25 of Act No. 65-557 of 10 July 1965 defining the status of the co-ownership of buildings either by the tenants that the lessor consults in accordance with the terms of Article 42 of Act No. 86-1290 of 23 December 1986 that aims to favour rental investment, accession to ownership of public housing and the development of real property offer.

The ministerial order provided for in Article 34 defines the special terms in which said networks shall be subject to the overall technical specifications referred in said Article.

b) The internal audio-visual communication services within a firm or a public service.

The declaration concerning the services that use the telecommunication networks defined in paragraph I of Article L. 33-1 of the Posts and Telecommunications Code shall be filed with the public prosecutor. In all other cases provided for in paragraphs 1° and 2° above of this Article, the declaration shall be filed with the public prosecutor and with the Conseil supérieur de l'audiovisuel.

Advertising sports broadcast by the services referred to in this Article must be presented as such.

The service provider must inform users:

1° The information referred to in Article 37 of this Act;

2° The rate applicable when the service gives rise to remuneration;

A decree in Conseil d'Etat defines the rules applicable to the broadcasting of films by said services.

 

CHAPTER V

Determining the television services subject to this Act

 

Article 43-2

 

(Act No. 96-659 of 26 July 1996, Article 15, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Article 24, Official Journal of 2 August 2000)

 

This Act shall apply to television services whose operator is established in France according to the criteria provided for in Article 43-3 or which fall within the remit of France pursuant to the criteria provided for in Article 43-4, without prejudice to the application of the rules relating to occupancy of the public domain.

 

Article 43-3

 

(Act No. 96-659 of 26 July 1996, Article 15, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Article 24, Official Journal of 2 August 2000)

 

A television service operator shall be deemed to be established in France when its actual registered office is in France and management decisions relating to programming are taken in France.

When a service operator has its actual registered office in France, but management decisions relating to programming are taken in another member State of the European Community or another State party to the European economic space agreement, it shall be deemed to be established in France if an important part of the workforce employed in the activities of the service work there, even if an important part of the workforce employed in the activities of the service also works in the State where the management decisions relating to programming are taken. When an important part of workforce employed in the activities of the service do not work either in France or in the State where the management decisions relating to programming are taken, the service operator shall be deemed to be established in the first State where the service was lawfully distributed to the public, provided that a stable and real economic relationship is maintained with said State.

When a service operator has its actual registered office in France, but decisions relating to programming are taken in another State which is not a member of the European Community or in another State party to the European economic space agreement, it shall be deemed to be established in France if an important part of the workforce employed in the activities of the service work there.

When the service operator has its actual registered office in another member State of the European Community or in another State party to the European economic agreement, but management decisions relating to programming are taken in France, it shall be deemed to be established in France if an important part of the workforce employed in the activities of the service work there, unless an important part of the workforce employed in the activities of the service also work in another State. When an important part of the workforce employed in the activities of the service does not work in the State where it has its actual registered office or in France, the service operator shall be deemed to be established in the first State where the service was lawfully distributed to the public, provided that a stable and actual economic relationship is maintained with said State.

When the service operator has its actual registered office in another State which is not a member of the European Community or in another State not a party to the European economic service agreement, it shall be deemed to be established in France if decisions relating to the programming of the service are taken in France and if an important part of the workforce employed in the activities of the service work in France.

 

Article 43-4

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 24, Official Journal of 2 August 2000)

 

 

The television service operators to which none of the criteria defined in Article 43-3 apply shall fall within the remit of France if they satisfy one of the following conditions:

a) If they use a frequency allocated by France;

b) If, not using a frequency allocated by a member State of the European Community or by a State party to the European economic space agreement, they use a satellite capacity falling within the remit of France;

c) If, not using a frequency allocated by a member State of the European Community or by a State party to the European economic space agreement or a satellite capacity falling within the remit of one of said States, they use a liaison rising to a satellite from a station located in France.

 

Article 43-5

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 24, Official Journal of 2 August 2000)

 

Apart from the cases provided for in Articles 43-3 and 43-4, the establishment criteria provided for in Articles 52 et seq. of the treaty establishing the European Community shall be applied to determine the applicable law.

 

Article 43-6

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 24, Official Journal of 2 August 2000)

 

Service operators falling within the remit of another member State of the European Community or another State party to the European economic space agreement shall, prior to the distribution of the television service to the public by a means of telecommunication other than terrestrial radio link, make a declaration to the Conseil supérieur de l'audiovisuel, in accordance with a procedure defined by decree.

The Conseil supérieur de l'audiovisuel may provisionally suspend the live transmission of said services in accordance with a procedure defined by decree if the following conditions are fulfilled:

a) The service has broadcast programmes that may clearly, seriously and severely harm the physical, mental or moral development of minors or contain any incitement to hatred or violence on the grounds of race, sex, morality, religion or nationality more than twice during the previous twelve months;

b) After notification of the complaints to the service, the alleged violation persists.

 

CHAPTER VI

Provisions relating to on-line communication services other than private correspondence

 

Article 43-7

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 1, Official Journal of 2 August 2000)

 

Individuals or legal entities whose activity consists of offering access to on-line communication services other than private correspondence must, firstly, inform subscribers of the existence of technical means that allow access to certain services to be restricted or to be selected, secondly, propose at least one of said means to them.

 

Article 43-8

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 1, Official Journal of 2 August 2000)

 

Physicals or legal persons that provide, free of charge or on fee paying basis, direct and permanent storage for distribution to the public of signals, documents, pictures, sounds or

messages of any kind accessible through said services shall be criminally or legally liable on account of the contents of said services only:

- if, after a judicial authority has referred the matter to them, they have not acted promptly to prevent access to said contents;

[Provisions declared to violate the Constitution by decision of the Conseil constitutionnel No. 2000-433 DC of 27 July 2000]

 

Article 43-9

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 1, Official Journal of 2 August 2000)

 

 

The service providers referred to in Articles 43-7 and 43-8 must hold and keep data liable to permit the identification of any person who has contributed to the creation of the contents of services that they provide.

They must also provide persons who produce an on-line communication service other than private correspondence with technical means to enable them to comply with the conditions of identification provided for in Article 43-10.

The judicial authorities may request communication of data referred to in the first paragraph from the service providers referred to in Articles 43-7 and 43-8. The provisions of Articles 226-17, 226-21 and 226-22 of the Penal Code shall apply to the processing of said data.

A decree in Conseil d'Etat, adopted after consulting the Commission nationale de l'informatique et des libertés, shall define the data referred to in the previous paragraph and determine the retention period and the methods of retention.

 

Article 43-10

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 1, Official Journal of 2 August 2000)

 

I. - Persons whose activity consists of producing an on-line communication service other than private correspondence shall hold at the disposal of the public:

- if they are individuals, their surnames, forenames and addresses;

- if they are legal entities, their names or corporate names and their registered offices;

- the name of the director or joint director of the publication and, where applicable, that of the editorial manager within the meaning of Article 93-2 of Audio-visual Communication Act No. 82-652 of 29 July 1982;

- the name or corporate name and address of the service provider referred to in Article 43-8.

II. - To protect their anonymity, persons who produce an on-line communication service other than private correspondence in a non-professional capacity may only hold the name or corporate name and address of the service provider referred to in Article 43-8 at the disposal of the public, provided that they communicated to it the personal identification information provided for in I.

 

 

TITLE III

THE PUBLIC AUDIO-VISUAL COMMUNICATION SECTOR

 

Article 43-11

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 3, Official Journal of 2 August 2000)

The companies listed in Articles 44 and 45 carry out public service assignments in the public interest. They shall offer the public, taken as a whole, a group of programmes and services which are characterised by their diversity and their pluralism, their requirement of quality and innovation, respect for the rights of the person and of constitutionally defined democratic principles.

They shall present a diversified offer of programmes in analogue and digital modes in the areas of information, culture, knowledge, entertainment and sport. They favour democratic debate, exchanges between different parts of the population as well as integration into society and citizenship. They shall promote the French language and highlight cultural and linguistic heritage in its regional and local diversity. They shall contribute to the development and broadcasting of intellectual and artistic creation and of civic, economic, social, scientific and technical knowledge as well as to audio-visual and media education.

Using adapted devices, they shall favour access to their broadcasted programmes by persons who are deaf and hard of hearing.

They shall guarantee the integrity, independence and pluralism of information as well as the pluralist expression of currents of thought and opinion in respect for the principle of the equality of treatment and the recommendations of the Conseil supérieur de l'audiovisuel.

The institutions of the public audio-visual communication sector, with respect to the performance of their assignment, shall contribute to the external audio-visual action, the influence of the French speaking world and the broadcasting of the French language and culture throughout the world. They shall endeavour to develop new services that may enrich or complete their programme offer as well as the new technologies of production and broadcasting of audio-visual communication programmes and services.

A report on the application of the provisions of this Article shall be filed each year in Parliament.

 

Article 44

 

(Act No. 2000-719 of 1 August 2000, Article 4, Official Journal of 2 August 2000)

(Act No. 2000-1207 of 13 December 2000, Article 41, Official Journal of 14 December 2000)

 

I. - A company, named France Télévision, has been established. It shall be responsible for defining strategic orientations, co-ordinating and promoting programme policies and the offer of services, for implementing development measures by ensuring the integration of new broadcasting and production techniques and for managing the business common to the following companies of which it owns all of the capital:

1° The national programme company, named France 2, shall be responsible for designing and programming television programmes to be broadcast throughout the entire metropolitan territory. This company shall propose general-interest, reference and diversified programming for the widest audience, favour the creation of original television productions and provide national and international information;

2° The national television company, named France 3, shall be responsible for designing and programming national, regional and local television programmes to be broadcast throughout the entire metropolitan territory or part thereof. Said company shall propose general-interest and diversified programming. In particular, it shall provide local information and report on regional and local events;

3° The national programme company, named La Cinquième, shall be responsible for designing and programming educational television programmes and favouring access to knowledge, training and employment to be broadcast throughout the entire metropolitan territory. Said programming must contribute to image and media education.

Said company shall favour the broadcasting of educational and training programmes on diversified media as well as use thereof by other audio-visual communication services by teaching and training institutions.

The companies referred to in Article L. 321-1 of the Intellectual Property Code shall enter into agreements with the proper authorities that set forth the terms in which the teaching and training institutions shall be authorised to make and use copies of programmes broadcast by said companies for educational purposes.

The company France Télévision may establish subsidiaries for the purpose of producing television services broadcast in digital mode for which users do not pay a remuneration and which satisfy the public service assignments defined in Article 43-11 and in their terms of reference. The capital of said companies shall be owned directly or indirectly by public entities.

 

II. - The national progamme company, named Réseau France Outre-mer, shall be responsible for designing and programming television and radio programmes to be broadcast in overseas administrative divisions, territories and territorial communities as well as in New Caledonia. It shall promote the French language as well as regional languages and cultures. The programmes of the other national programme companies shall be distributed free of charge. The programmes that it produces shall be distributed free of charge to France Télévision as well as Radio France which shall promote and ensure the influence of the cultures of overseas France in the metropolitan territory.

It shall provide territorial continuity for other national programme companies according to systems that may be differentiated, by taking account of the distinctive features of the overseas administrative divisions according to terms and conditions defined by its terms of assignments and of reference after consultation of each Conseil Régional.

It may provide an international image service. It shall enter into multiyear co-operation agreements with Radio France and France Télévision, in particular, with respect to development, production, programmes and information.

III. - The national programme company, named Radio France, shall be responsible for designing and programming national and local radio broadcasting programmes to be broadcast throughout the entire metropolitan territory or part thereof. It shall favour regional expression on its decentralised aerials throughout the entire territory. It shall develop artistic heritage and creation, in particular, thanks to music groups that it shall manage and develop.

IV. - The national programme company, named Radio France Internationale, shall contribute to the spreading of the French culture through the design and programming of radio broadcasting programmes in French or in a foreign language for foreign audiences as well as for French nationals residing abroad. Said company's assignment shall be to provide information on French and international current affairs.

V.- In accordance with the officially defined terms, in particular, in their terms of assignment and of reference, the national programme companies and the subsidiaries referred to in the last paragraph of paragraph I may produce for themselves and incidentally audio-visual works and documents and participate in co-production agreements.

They may invest in co-producer's shares in the financing of a film only through the intermediary of a subsidiary, which is their own subsidiary, which is established for said sole company object.

 

Article 44-1

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 5, Official Journal of 2 August 2000)

 

France Télévision may also, in compliance with the attributions of the companies referred to in 1°, 2° and 3° of I of Article 44, establish subsidiaries to carry on activities within the scope of its company object that differ from those provided for in Clause 43-11.

 

Article 45

(Act No. 94-88 of 1 February 1994, Article 2, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 6, Official Journal of 2 August 2000)

 

A company, named Arte France, shall be responsible for designing and providing the programmes and means that the European economic interest grouping Arte arising from the treaty of 2 October 1990 establishing a European cultural channel needs to perform assignments. The programmes must take account of the international, in particular, European nature of its audience.

The capital of said company is owned directly or indirectly by public entities.

 

Article 45-1

(Act No. 94-88 of 1 February 1994, Article 3, Official Journal of 2 February 1994)

(Act No. 99-1174 of 30 December 1999, Article 1, Official Journal of 31 December 1999)

 

The Assemblée nationale and the Sénat shall produce a programme to present and report on their works, under the supervision of their committee, and cause the broadcasting thereof by cable and by radio link. This programme may also relate to the operating of parliamentary institutions and make provision for public debate in respect for the pluralism of the groups formed in each of the assemblies.

 

Article 45-2

(Act No. 99-1174 of 30 December 1999, Article 2, Official Journal of 31 December 1999)

(Act No. 2000-719 of 1 August 2000, Article 16, Official Journal of 2 August 2000)

 

The parliamentary and civic television channel established by the Assemblée nationale and the Sénat is named “La Chaîne parlementaire”. It contains, at parity of air time, the programmes of the two programme companies, one for the Assemblée nationale, the other for the Sénat.

It carries out a public service assignment, an assignment information and training of citizens in public life through parliamentary, educational and civic programmes.

In the scope of its editorial independence, the channel shall ensure the impartiality of its programmes.

The programme company, named “La Chaîne parlementaire-Assemblée nationale”, shall be responsible for designing and programming programmes to present the work of the Assemblée nationale as well as accompanying programmes. It shall produce and make them.

The programme company, named “La Chaîne parlementaire-Sénat”, shall be responsible for designing and programming programmes to present the work of the Sénat as well as accompanying programmes. It shall produce and make them.

Both said programme companies shall be managed by chairman and managing directors appointed for three years by the committees of the Assemblies, on a motion by their presidents.

The nature, composition, method of appointment and powers of the other management bodies shall be determined by the Articles of association of each programme company, which shall be approved by the committee of the Assembly to which it is attached.

Each programme company shall enter into an agreement with the Assembly that it reports to, which sets forth the terms and conditions of performance of its assignment as well as the amount of the financial participation that it is allocated by said Assembly.

The capital of each of said companies shall be held entirely by the Assembly to which it is attached. Programme companies shall be financed by annual allowances. Each Assembly shall directly allocate its company all of the sums that it considers to be necessary to carry out its assignments.

Subject to the provisions of this Article, said companies shall be governed by the law applicable to limited companies.

The Parliamentary Channel shall not broadcast any advertising spots and any tele-shopping programme.

The programme company as well as the programmes that they programme fall outside the scope of the authority of the Conseil supérieur de l'audiovisuel.

The committee of each of the Assemblies shall define and supervise the conditions in which the regulations applicable to the services referred to in Article 33 shall apply to the Parliamentary Channel.

Article L. 133-1 of the Code of Financial Jurisdictions shall not apply to said companies which shall be governed by the provisions of the regulations of each of the Assemblies concerning the auditing of their accounts.

 

Article 45-3

 

(Act No. 99-1174 of 30 December 1999, Article 3, Official Journal of 31 December 1999)

(Act No. 2000-719 of 1 August 2000, Article 85, Official Journal of 2 August 2000)

(Act No. 2001-624 of 17 July 2001, Article 18, Official Journal of 18 July 2001)

 

Save for an objection by the managing bodies of the programme companies referred to in Article 45-2, any distributor of services by cable or satellite must broadcast uncoded and at its expense the interactive programmes and services associated with the "La Chaîne Parlementaire". Said associated interactive programmes and services shall be distributed to all users free of charge, in accordance with technical broadcasting methods equivalent to those of the national programme companies.

 

Article 46

 

(Act No. 99-1174 of 30 December 1999, Article 4, Official Journal of 31 December 1999)

(Act No. 2000-719 of 1 August 2000, Article 7, Official Journal of 2 August 2000)

 

A Conseil consultatif des programmes has been established with France Télévision. Said Conseil shall be comprised of twenty members appointed for three years, after a draw amongst persons that owe a licence for the right to use television receivers and after they have expressed their consent, in accordance with the procedure defined by decree in Conseil d'Etat.

The Conseil consultatif des programmes shall issue opinions and recommendations on programmes. It shall meet at least twice a year, including once with the board of directors of France Télévision.

 

Article 47

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 89-532 of 2 August 1989, Article 1, Official Journal of 4 August 1989)

(Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

 

The State owns all of the capital of France Télévision, Réseau France Outre-mer, Radio France and Radio France Internationale.

Said companies as well as France 2, France 3 and La Cinquième shall be governed by the law applicable to limited companies, unless otherwise provided for by law. Their Articles of association shall be approved by decree.

 

Article 47-1

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

 

The board of directors of France Télévision shall  be comprised of twelve members with a five-year term of office:

1° Two members of Parliament appointed respectively by the Assemblée nationale and by the Sénat;

2° Four representatives of the State;

3° Four qualified personalities appointed by the Conseil supérieur de l'audiovisuel, of which at least one shall be from the associative movement and at least another from the audio-visual or film creation or production world;

4° Two employee representatives elected in accordance with the provisions of title II of Act No. 83-675 of 26 July 1986 relating to the democratisation of the public sector.

The Conseil supérieur de l'audiovisuel, by a majority of its members, shall appoint for a five year term of office the chairman of the board of directors of France Télévision amongst the personalities that it appointed.

The chairman of the board of directors of France Télévision shall also be the chairman of the board of directors of France 2, France 3 and La Cinquième.

The managing directors of France 2, France 3 and La Cinquième shall be appointed by the board of directors of France Télévision on a motion by its chairman.

The board of directors of each of the companies France 2, France 3 and La Cinquième shall be comprised, in addition to the chairman, of seven members for a five-year term of office.

1° Two members of Parliament appointed respectively by the Assemblée nationale and by the Sénat;

2° Two representatives of the State appointed by decree, one of which shall be appointed amongst the representatives of the State on the board of directors of France Télévision;

3° A qualified personality appointed by Conseil supérieur de l'audiovisuel amongst qualified personalities appointed by the Conseil supérieur de l'audiovisuel to the board of directors of France Télévision;

4° Two elected employee representatives.

 

Article 47-2

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

 

The board of directors of each of the companies Réseau France Outre-mer, Radio France and Radio France Internationale shall be comprised of twelve members with a five-year term of office:

1° Two members of Parliament appointed respectively by the Assemblée nationale and by the Sénat;

2° Four representatives of the State;

3° Four qualified representatives appointed by the Conseil supérieur de l'audiovisuel;

4°Two elected employee representatives appointed in accordance with the provisions applicable to the election of employee representatives to the board of directors of the firms referred to in paragraph 4 of the aforementioned Act No. 83-675 of 26 July 1983.

 

Article 47-3

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall appoint, by the majority of its members, the chairmen of the companies France Overseas Network and Radio France with a five year term of office from amongst the personalities that it appointed to the board of directors.

The Conseil supérieur de l'audiovisuel shall appoint, by the majority of its members, the chairman of Radio France Internationale with a five year term of office from amongst the representatives of the State on the board of directors.

 

Article 47-4

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

Appointments by the Conseil supérieur de l'audiovisuel of chairmen to the board of directors of the companies referred to in Articles 47-1 to 47-3 shall be the subject of a reasoned decision [Provisions declared to violate the Constitution by decision of the Conseil constitutionnel No. 2000-433 DC of 27 July 2000.]

 

Article 47-5

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

 

The terms of office of the chairmen of the board of directors of the companies referred to in Articles 47-1 to 47-3 may be withdrawn from them in accordance with the same procedures as that in which they were entrusted to them.

In the event of a tie in voting within a managing body of one of said companies, the chairman shall have a casting vote.

In the event of a vacancy, whatever the reason may be, of one or more of the seats of member of the board of directors of the companies referred to in Articles 47-1 to 47-3, the board of directors shall validly deliberate until one or more new members have been appointed, subject to compliance with the quorum rules.

 

 

Article 47-6

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)

 

The provisions of Articles 101 to 105 of the aforementioned Act No. 66-537 of 24 July 1966 shall not apply to agreements entered into between the State and the companies referred to in the first paragraph of paragraph I of Article 53 or to agreements entered into between France Télévision and the companies France 2, France 3 and La Cinquième as well as the companies referred to in the last paragraph of paragraph I of Article 44. The statutory auditors shall submit a special report on said agreements to the general meeting deciding on said report.

 

Article 48

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 20, Official Journal of 18 January 1989)

(Act No. 94-88 of 1 February 1994, Article 2, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 16, Official Journal of 2 August 2000)

 

The terms of reference set by decree define the obligations of each of the companies referred to in Article 44 and, in particular, the obligations related to their educational, cultural and social assignment. When one of said companies produces several services, the terms of reference shall specify the features of each of the services.

The terms of reference shall be published in the Official Journal of the French Republic.

The Government shall submit the provisions of the terms of reference to the Conseil supérieur de l'audiovisuel for opinion. Said reasoned opinion and the presentation report of the decree shall be published in the Official Journal of the French Republic.

The methods of programming advertising programmes of the national programme companies shall be specified in the terms of reference. Moreover, the terms of reference shall specify the maximum share of advertising that may come from a same advertiser.

Said companies may only have those of their programmes that correspond to their educational, cultural and social assignment sponsored in accordance with the terms defined by said terms of reference.

 

Article 48-1-A

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 9, Official Journal of 2 August 2000)

 

As from the entry into force of the aforementioned Act No. 2000-719 of 1 August 2000, the companies referred to in I, II and III of Article 44 may not grant or maintain, in any way whatsoever, an exclusive right to rerun their programmes broadcast by terrestrial radio link.

 

Article 48-1

 

(Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 73, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall serve formal notice on the companies referred to in Article 44 to comply with the obligations imposed on them by law and regulations and by the principles defined in Article 1.

The Conseil supérieur de l'audiovisuel shall publish said formal notices.

Professional organisations and trade unions representative of the audio-visual communication sector as well as the Conseil national des langues et cultures régionales and family associations recognised by Union nationale des associations familiales may request the Conseil supérieur de l'audiovisuel to initiate the procedure provided for in the first paragraph of this Article.

 

Article 48-2

 

(Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 72, Official Journal of 2 August 2000)

 

If a company referred to in Article 44 fails to comply with the formal notices served on it, the Conseil supérieur de l'audiovisuel may impose a suspension of a part of the programme for one month at most or a pecuniary penalty within the limits defined in Article 42-2 and provided that the breach does not constitute a criminal offence. The Conseil supérieur de l'audiovisuel shall request the company to submit its comments to it within a period of two clear days as from receipt of said request. The decision shall then be taken without implementation of the procedure provided for in Article 48-6. The refusal to comply with said decision shall be liable to a pecuniary penalty within the limits defined in Article 42-2.

 

Article 48-3

 

(Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 75, Official Journal of 2 August 2000)

 

In all events of breach of the obligations on the companies referred to in Article 44, the Conseil supérieur de l'audiovisuel may order the insertion of a communiqué in the programme. It shall define the terms and conditions of broadcasting thereof.  In the event of refusal to comply with said decision, the company shall be liable to a pecuniary penalty within the limits defined in Article 42-2.

 

Article 48-4

 

(inserted by Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

 

Pecuniary penalties shall be collected as state credits other than tax and state property.

 

 

Article 48-5

 

(inserted by Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

 

Facts dating back more than three years may not be referred to the Conseil supérieur de l'audiovisuel if no action has been taken to investigate, record or punish such facts.

 

Article 48-6

 

(Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 72, Official Journal of 2 August 2000)

 

The pecuniary penalties provided for in Article 48-2 shall be imposed in accordance with the terms of this Article.

The Conseil supérieur de l'audiovisuel shall notify the complaints to the company in question which may consult the file and submit its written comments within a period of one month. In the event of an emergency, the chairman of the Conseil supérieur de l'audiovisuel may shorten said period, without being able to set it at less than seven days.

The Conseil supérieur de l'audiovisuel shall hear the chairman of the company in question or its representative. It may also hear any person, the hearing of which it considers may make a relevant contribution to its information.

 

Article 48-7

 

(inserted by Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

 

The decisions of the Conseil supérieur de l'audiovisuel shall be reasoned. They shall be notified to the company in question and published in the Official Journal of the French Republic.

 

Article 48-8

 

(inserted by Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

 

The company in question may file an appeal before the Conseil d'Etat against the decision of the Conseil supérieur de l'audiovisuel taken pursuant to Article 48-2 or Article 48-31, within a period of two months of the notification thereof.

 

Article 48-9

 

(Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 79, Official Journal of 2 August 2000)

 

The provisions of Article 42-1 shall apply in the event of breach of the obligations incumbent on the companies referred to in Article 44.

 

Article 48-10

 

(Act No. 94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 74, Official Journal of 2 August 2000)

 

The Conseil supérieur de l'audiovisuel shall refer any breach of the provisions of this Act committed by the companies referred to in Article 44 of the public prosecutor.

 

Article 49

 

(Act No. 92-546 of 20 June 1992, Article 8, Official Journal of 23 June 1992)

(Act No. 2000-719 of 1 August 2000, Article 10, Official Journal of 2 August 2000)

 

The Institut national de l'audiovisuel, a public utility company, shall be responsible for keeping and developing the national audio-visual heritage.

I. - The Institut shall keep the audio-visual records of the national programme companies and contribute to use thereof. The nature, rates and financial terms of the documentary services and the methods of using said records shall be defined by agreement between the Institut and each of the companies in question. Said agreements shall be approved by order of the ministers with responsibility for the budget and communication.

II. - The Institut shall use extracts from the audio-visual records of the national programme companies in accordance with the terms set forth in the terms of reference. In this respect, it shall hold rights to use said extracts upon the expiry of a one-year period as from the first broadcasting thereof.

The Institut shall retain title to technical media and equipment and hold rights to use the audio-visual records of the national programme companies and the company referred to in Article 58 that had been transferred to it prior to the publication of the aforementioned Act No. 2000-719 of 1 August 2000. However, the national programme companies as well as the company referred to in Article 58 shall, each in its own respect, retain a priority right to use said records.

The Institut shall exercise the rights to use referred to in this paragraph in respect for the moral and pecuniary rights of the holders of copyright or of copyright neighbouring rights and of their assigns.

III. - The Institut may enter into agreements with any legal person in respect to the keeping and use of its audio-visual records. It may acquire rights to use said audio-visual documents and to receive bequests and donations.

IV.- Pursuant to Article 5 of Act No. 92-546 of 20 June 1993 relating to legal deposit and in accordance with the terms defined by decree in Conseil d'Etat, the Institut shall be responsible for the legal deposit of sound and audio-visual documents broadcast on radio or television which it shall manage in accordance with the objectives and terms defined in Article 2 of the same Act.

V.- The Institut shall contribute to innovation and research in the area of audio-visual production and communication. In the context of its assignments, it shall carry out studies and experiments and, in this respect, shall produce audio-visual works and documents for current and future networks. It shall contribute to initial and continuing vocational training and to all forms of teaching in the audio-visual communication professions.

VI.- The terms of assignment and of reference of the Institut national de l'audiovisuel is defined by decree.

The Institut national de l'audiovisuel may recourse to arbitration.

 

Article 49-1

 

(inserted by Act No. 94-88 of 1 February 1994, Article 6, Official Journal of 2 February 1994)

 

In the event of breach by the Institut national de l'audiovisuel of the obligations imposed on it pursuant to the law and regulations and pursuant to the principles defined in Article 1, the Conseil supérieur de l'audiovisuel shall make public comments to the board of directors. It may also, by reasoned decision, enjoin the chairman of the Institut to take, within a time limit set in the decision, the necessary measures to terminate breach.

 

Article 50

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Articles 13 and 14, Official Journal of 2 August 2000)

 

The board of directors of the Institut national de l'audiovisuel shall be comprised of twelve members with a five year term of office:

1° Two members of Parliament appointed respectively by the Assemblée nationale and by the Sénat;

2° Four representatives of the State appointed by decree;

3° Four qualified personalities appointed by the Conseil supérieur de l'audiovisuel;

4° Two elected employee representatives.

 

The chairman, chosen amongst the members of the board of directors representing the State, shall be appointed for five years by decree in conseil des ministres.

In the event of a tie in voting, the chairman shall have a casting vote.

 

 

Article 51

 

(Act No. 96-660 of 26 July 1996, Article 14, Official Journal of 27 July 1996)

(Act No. 2000-719 of 1 August 2000, Articles 16 and 17, Official Journal of 2 August 2000)

 

A company whose Articles of associations have been approved by decree and the majority of whose capital is owned directly or indirectly by the State shall broadcast and transmit the programmes of the companies referred to in Articles 44 and 45 in France and abroad using all analogue telecommunication processes.

Subject to the provisions of the previous paragraph, it may offer, concurrently with other operators, all broadcasting and transmission services to all distributors and producers of audio-visual communication services.

It shall investigate and collaborate in determining standards concerning radio and television broadcasting equipment and techniques.

It shall be subject to the law applicable to limited companies, subject to the contrary provisions of this Act. Terms of reference approved by decree in Conseil d'Etat shall define the company's obligations, considering, in particular, the requirements of national defence and the assistance that it must give to the operating of the Conseil supérieur de l'audiovisuel.

 

Article 53

 

(Act No. 2000-719 of 1 August 2000, Article 15, Official Journal of 2 August 2000)

 

I. - The State shall enter into agreements in respect of objectives and means with each of the companies France Télévision, Réseau France Outre-mer, Radio France and Radio France Internationale as well as the company Arte France and the Institute national de l'audiovisuel. The term of said agreements shall be between three and five calendar years.

In particular, the agreements in respect of objectives and means shall determine, in respect for the public service assignments as defined in Article 43-11, for each company or public corporation:

- the priorities of its development, including the undertakings made concerning diversity and innovation in creation;

- the estimated cost of its activities for each of the years in question and the quantity and quality indicators of performance and results applied;

- the amount of public funds to be allocated to it, by identifying as a priority those devoted to the development of the programme budgets;

- the amount of the income expected from own revenues, in particular, those from trademark advertising and sponsoring;

- the economic prospects for the services that give rise to payment of a price.

The agreement in respect of objectives and means of France Télévision shall determine the same data for each of the companies France 2, France 3 and La Cinquième and the subsidiaries referred to in the last paragraph of I of Article 44.

II. - The board of directors of France Télévision shall approve the draft agreement in respect of objectives and means of said company and shall deliberate on the annual performance thereof.

The board of directors of France 2, France 3 and La Cinquième and of each of the subsidiaries referred to in the last paragraph of paragraph I of Article 44 shall be consulted, each in its own respect, concerning the draft agreement in respect of objectives and means referred to in the previous paragraph as well as concerning the annual performance thereof.

The chairman of France Télévision shall submit a report each year to the commissions with responsibility for cultural affairs of the Assemblée nationale and the Sénat concerning the performance of the company's agreement in respect of objectives and means.

The board of directors of the Institut national de l'audiovisuel and the companies Radio France, France Overseas Network and Radio France Internationale as well as the proper body of the company Arte France shall approve their respective agreements in respect of objectives and means and shall deliberate on the annual performance thereof.

III. - Each year, at the time of the vote on the Finance Act, the Parliament, based on a report by a member of each of the finance commissions of the Assemblée nationale and Sénat with the powers of a special rapporteur, shall authorise the collection of a tax named licence for right to use based on television receivers and shall approve the allocation of public funds allocated to the licence application account between the companies France Télévision, Radio France, Radio France Internationale, France Overseas Network, the company Arte France and the Institut national de l'audiovisuel.

 

A Government report on the situation and management of public sector institutions shall be attached to the finance bill. Said report shall give a detailed account of the performance of each of the agreements in respect of objectives and means of said institutions. For the companies France 2, France 3 and La Cinquième, it shall provide forecasts of revenues and expenses and, in particular, specify the income expected from said companies' own revenues.

As from 1 January 2001, any taxpayer may, at its request, pay the tax named licence referred to in the first paragraph of this paragraph by instalments in accordance with the terms defined by decree in Conseil d'Etat, without any loss of funds ensuing therefrom for the allottee institutions.

IV. - The amount of public funds allocated to France Télévision shall be paid to said company, which shall allocate the amount thereof in full, in accordance with the terms defined in the agreement in respect of objectives and means, to the companies France 2, France 3 and La Cinquième as well as to the subsidiaries referred to in the last paragraph of paragraph I of Article 44.

For this purpose, the board of directors of France Télévision shall approve an estimate of revenues and expenses of said company and of its subsidiaries for each financial year. It shall also approve, after consultation of the board of directors of the companies in question, the changes made, where applicable, during the financial year to the allocation of the amount of public funds allocated pursuant to the Finance Act to France Télévision.

V. - Exemptions from the audio-visual licence decided on social reasons give rise to full reimbursement of the general budget of the State [Provisions declared to violate the Constitution by decision of the Conseil constitutionnel No. 2000-433 DC of 27 July 2000].

Said reimbursement shall be calculated on the basis of exemptions in force on the date of publication of the aforementioned Act No. 2000-719 of 1 August 2000 as well as on the basis of those that may be subsequently decided.

VI. - For each of the companies France 2 and France 3, the time devoted to the broadcasting of advertising spots may not exceed eight minutes per sixty-minute period.

For said same companies, the board of directors of France Télévision shall determine the time limitations applicable to messages to promote programmes.

VII. - At the end of the first financial year during which the rules referred to in VI are applied, the Government shall submit a report to Parliament on the impact thereof on the development of the advertising market.

 

Article 53-1

 

(inserted by Act No. 96-1811 of 30 December 1996, Article 79, Official Journal of 31 December 1996)

 

A document recording the credits of any kind that contribute to the operating of the operators intervening in the area of external audio-visual action and of which the State or the national programme companies referred to in Article 44 directly own more than half of the capital at the closing of the last financial year shall be attached to the finance bill of the year.

It shall be accompanied by the financial results of the previous year, the provisional accounts of the current year as well as forward budgets of the operators referred to in the previous paragraph and a Government report on France's external audio-visual action and on the situation and management of said institutions.

 

Article 54

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Article 86, Official Journal of 2 August 2000)

 

The Government may any time cause the companies referred to in paragraphs 1 and 2 of paragraph I of Article 44 and the company referred to in Article 51 to programme and broadcast all statements or communications that it considers necessary.

The programmes shall be announced as coming from the Government.

They may give rise to a right of reply according to terms and conditions defined by the Conseil supérieur de l'audiovisuel.

 

Article 55

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

Parliamentary debates shall be transmitted live by the national programme companies under the supervision of the committee of each of the Assemblies.

Programme time shall be granted to the political parties represented by a group in one or other of the Assemblies of Parliament as well as to representative trade union and professional organisations on a national scale according to the terms and conditions defined by the Conseil supérieur de l'audiovisuel.

 

Article 56

 

(Act No. 2000-719 of 1 August 2000, Article 16, Official Journal of 2 August 2000)

 

France 2 shall programme religious programmes devoted to the main religions practised in France on Sunday mornings. Said programmes shall be produced under the responsibility of the representatives of said religions and be presented in the form of the live transmission of cultural ceremonies or religious comments. The company shall bear the costs of production within the limit of a maximum amount set in the annual provisions of the terms of reference.

 

Article 57

 

(Act No. 2000-719 of 1 August 2000, Article 87, Official Journal of 2 August 2000)

 

I. - The rights of the personnel and the journalists of the institutions referred to in this title may not depend in their opinion, beliefs or trade union or political membership. Hiring, appointment, advancement and transfer shall be taking place without other conditions than the professional capacities required and respect for the public service open to all.

II. - In the event of a concerted termination of work in the national programme companies or in the companies referred to in the last paragraph of paragraph I of Article 44 or the company referred to in Article 51, continuity of the service shall be assured in the following conditions:

- notice of strike must reach the chairman of the institutions referred to in the previous paragraph within a period of five clear days prior to the starting of the strike. It must set the place, date and time of the start as well as the duration, whether limited or not, of the planned strike;

- a new notice may be lodged by the same trade union organisation only at the end of the initial notice period and possibly of the strike that followed the latter;

- radio and television signals must be created, transmitted and emitted by the services or the personnel of programme companies and the company referred to in Article 51 which are responsible therefor;

- a decree in Conseil d'Etat shall define the provisions for application of the above paragraph. In particular, it shall define the services and categories of personnel strictly essential for the performance of said assignment and which the chairmen of the companies in question may call on.

III. - Notwithstanding the provisions of paragraph II above, the chairman of each company must take the necessary measures with respect to performance of the services that the number and categories of personnel present permit to be provided.

 

TITLE IV

TRANSFER OF THE NATIONAL PROGRAMME COMPANY

"TELEVISION FRANCAISE 1"

 

Article 58

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

The capital of the national programme company, Télévision française 1, shall be transferred to the private sector in accordance with the terms of this title.

50 percent of the capital shall be transferred to a group of buyers appointed, in accordance with the terms defined in Articles 62 to 64 hereinafter, by the Conseil supérieur de l'audiovisuel. A group of buyers means two or more individuals or legal entities, acting together but not jointly and making joint and several undertakings for the purposes defined hereinafter. When they are legal entities, none of them must control, within the meaning of Article 355-1 of the aforementioned Act No. 66-537 of 24 July 1966, another legal person acting together with it.

Then 10 percent of the capital shall be proposed to the employees of the firm in accordance with the terms of Article 60 and 40 percent shall be the subject of a public issue in accordance with the terms of Article 61.

 

Article 59

 

The national programme company “Télévision française 1” may be transferred only at a price that it is at least equal to the value of said company.

The company's value shall be assessed by the privatisation commission provided for in Article 3 of Act No. 86-912 of 6 August 1986 relating to the provisions for the application of privatisations decided by Act No. 86-793 of 2 July 1986 authorising the Government to take various economic and social measures in accordance with the terms and conditions defined in this Article.

The Minister with responsibility for the economy and the Minister with responsibility for communication shall refer the matter to the privatisation commission. It shall set the firm's value.

The evaluation shall be made according to the objective methods currently practised in the matter of the total or partial transfer of assets by taking account of the terms of reference serving as a basis for the invitation for tenders referred to in the fifth paragraph of Article 62, the net assets and the intangible assets, the company's prospects of profits, the value of its subsidiaries as well as any information of any kind that may contribute to its stock exchange valuation. Said evaluation shall be made public.

The offer prices, the transfer prices as well as the exchange parities shall be defined by joint order of the relevant ministers upon consultation of the commission referred to in the second paragraph.

Said prices and parities may not be less than the evaluation made by the privatisation commission and shall take account of the estimated value of the benefits granted by the State pursuant to Article 60, apart from the ninth paragraph, and to Article 61.

The privatisation committee shall give its opinion on the marketing procedures.

 

Article 60

 

The part of 10 percent of the capital of the national television company, Télévision française 1, referred to in the third paragraph of Article 58 shall be offered first and foremost to the employees of said company and to those of its subsidiaries in which it owns the majority of the share capital and to the former employees if they provide proof of an agreement of a term of at least five years worked with the company or its subsidiaries.

Applications must be served in full. However, each individual application may be served only within the limit of three times the annual maximum amount of social security contributions.

The transfer price of securities shall be equal to 80 percent of the price set for the public issue in accordance with the terms of Article 59 at the time of the first offer of subscription or the trading price on the date of the transfer to the employees if it takes place during the period of two years provided for in the penultimate paragraph of this Article.

The securities thus acquired shall not be transferable prior to full payment thereof and, in any event, before a period of two years.

Government bonds or bonds serviced by the State shall be accepted in payment, within the limit of 50 percent at most of the amount of each purchase. Said securities shall be valued, at the date of exchange, on the basis of the average of their trading prices calculated over a period that includes the twenty trading days prior to the marketing of the shares on offer.

At the time of the exchange of the securities referred to in this Article, the provisions of Articles 92 B and 160 of the General Tax Code shall not apply to gains and capital gains on transfers.

In the event of the transfer of the shares received, the capital gain or loss shall be calculated on the basis of the purchase price or value of the securities exchanged. When said securities were purchased within the scope of Nationalisation Act No. 82-155 of 11 February 1982 or of the transactions referred to in Article 19 of the amending 1981 Finance Act (No. 81-1179 of 31 December 1981) and Article 14 of the amending 1982 Finance Act (No. 82-1152 of 30 December 1982), the calculation shall be based on the purchase price or value of the securities that granted entitlement to indemnification.

The employees shall be granted an extension of terms of payment. Said extension of terms of payment may not exceed three years. The purchasing employees shall, as from the date of purchase, have all the rights that the law applicable to limited companies grants to shareholders.

 

Moreover, the State shall allocate a bonus share for one share bought within the limit of half the monthly maximum amount of social security contributions from the moment the securities thus bought directly from the State have been kept at least one year as from the date on which they became transferable.

The benefits resulting from the method of setting the transfer price, the extension of terms of payment and the free distribution of shares referred to respectively in the third, seventh and eighth paragraphs of this Article may be accumulated. They shall not be applied to calculate the tax base of income tax and social security contributions.

The securities proposed by the State shall be transferred directly to the persons referred to in the third paragraph of Article 58. If the sum of applications submitted by said persons at the end of time limit set by the relevant ministers for the first offer of subscription is less than 10 percent of the capital, the Minister with responsibility for the economy, based on a proposal by the Minister with responsibility for culture and communication, shall again offer the securities that have not been bought, within the two years, to the persons referred to in the third paragraph of Article 58 on the same special terms.

Securities that have not been transferred at the end of the period of two years referred to in the previous paragraph shall be sold on the market.

 

Article 61

 

The public issue referred to in the third paragraph of Article 58 shall take place at the price set in accordance with the terms of Article 59. The terms and conditions of the public issue shall be defined by joint order of the relevant ministers. Purchase orders shall be reduced by joint order so as to favour orders relating to the lowest quantities.

The total amount of securities transferred directly by the State to foreign individuals or legal entities or under foreign control may not exceed 5 percent of the company's capital. Government bonds or bonds serviced by the State shall be accepted in payment within the limit of 50 percent at most of each purchase. Said securities shall be valued at the date of exchange on the basis of the average of their trading prices calculated over a period that includes the twenty trading days prior to the marketing of the shares on offer.

At the time of the exchange of the securities referred to in this Article:

1° For firms, the capital gain or loss resulting from the exchange of securities appearing on their balance sheet shall not be taken into account to determine the taxable income of the current financial year. Shares received in exchange shall be posted on the balance sheet for the same accounting value as that of the securities exchanged;

2° For individuals, the provisions of Articles 92 B and 160 of the General Tax Code shall not apply to gains and capital gains on transfer.

In the event of the transfer of shares received:

1° For firms, the date on which the securities remitted in exchange were acquired shall serve as a reference to calculate the capital gain. The calculation shall be made on the basis of the tax value posted in the company's records. For securities remitted pursuant to the aforementioned Act No. 82-155 of 11 February 1982 or in the scope of the transactions referred to in Article 19 of aforementioned Act No. 81-1179 of 31 December 1981 and Article 14 of aforementioned Act No. 82-1152 of 30 December 1982, said value shall be that defined in Article 248 A of the General Tax Code.

2° For individuals, the capital gain or loss shall be calculated on the basis of the purchase price or value of the securities remitted in exchange in accordance with the terms of Article 60.

A bonus share shall be allocated for five shares bought directly from the State and kept at least eighteen months and within the limit of an equivalent that does not exceed FRF 25,000.

Extension of terms of payment may be granted in accordance with the terms of the seventh paragraph of Article 60.

The benefits resulting from the extension of terms of payment and the free distribution of shares referred to in the previous paragraphs may be accumulated. They shall not be applied to calculate the tax base of income tax and social security contributions.

 

Article 62

 

(Act No. 2000-719 of 1 August 2000, Article 16, Official Journal of 2 August 2000)

 

The transfer referred to in the second paragraph of Article 58 shall be made subject to the following terms:

1° Obligation to cause the company's programmes to be broadcast throughout the entire area serviced on the date of publication of this Act, considering the work programmed or undertaken to resorb the radio shadow areas;

2° Maintenance of the terms and conditions existing on the same date for the distribution of the company's programmes to the company France Overseas Network;

3° obligation, during each of the first two years following transfer, to place orders with the Société française de production of an amount at least equal to half of the orders that the company Télévision française 1 with the Société française de production in 1986.

Moreover, a decree in Conseil d'Etat defines the terms of reference serving as a basis for the transfer. Said terms of reference set forth minimum obligations for each of the following points:

1° General programming rules, in particular, the integrity and pluralism of information and of programmes;

2° General terms applicable to the production of the works broadcast and, in particular, the share of programmes produced by the service operator;

3° rules applicable to advertising, in particular, the maximum programme time devoted to advertising;

4° system of broadcasting films and audio-visual works.

 

Article 63

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

The Conseil supérieur de l'audiovisuel shall publish, in accordance with the procedures and within the time limits provided for by decree in Conseil d'Etat, an invitation for tenders in respect to purchase of the part of the capital referred to in the second paragraph of Article 58.

The buyer groups making a tender must notify the allocation between their members of the share of the capital to be transferred to them.

Tenders may be accepted only from buyer groups formed in such a way that foreign entities or entities under foreign control do not own, directly or indirectly, more than one fifth of the share of the capital to be bought.

Applicants must provide evidence of their technical and financial capacities and of the envisaged methods of financing.

On the basis of the files submitted, the Conseil supérieur de l'audiovisuel shall draw up the list of applicants accepted, which shall be published in the Official Journal of the French Republic.

 

Article 64

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

Within a time limit set by decree in Conseil d'Etat, the buyer groups whose tenders have been accepted shall submit a project to operate the service. Said project shall include, in addition to the obligations set forth in the terms of reference referred to in Article 62, additional undertakings that the applicants intend to enter into, concerning:

1° the broadcasting of cultural and educational programmes;

2° the first broadcasting of original French works in France;

3° their contribution to cultural and educational actions;

4° their contribution to the action of institutions that ensure France's cultural presence abroad;

5° their additional assistance to the financial support of the film industry and the audio-visual programme industry in accordance with the terms of allocation defined by the Finance Act;

6° the volume and periodicity reserved for television news programmes, current affairs programmes and documentaries.

Based on the files thus formed and depending on the interest of the proposed projects for the public, considering, in particular:

- the experience acquired by the applicants in communication activities;

- the need to diversify operators;

- the need to ensure the pluralism of opinion;

- the need to avoid abuse of dominant position and anti-competitive practices in the area of communication;

- the sharing of advertising resources between the written press and the audio-visual communication services.

The Conseil supérieur de l'audiovisuel shall designate the transferee group of the part of the capital referred to in the second paragraph of Article 58. Its decision shall be reasoned.

 

Article 65

 

(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

 

On the effective date of the transfer to the buyer group referred to in the second paragraph of Article 58, the Conseil supérieur de l'audiovisuel shall grant “Télévision française 1”, authorisation to use, for a six year period, the frequencies that had been previously to it as the national programme company.

The authorisation shall be accompanied by:

1° The terms and obligations defined in Article 62 above;

2° Additional undertakings entered into by the accepted applicant.

The company shall be governed by the provision of this Act relating to authorised audio-visual communication services.

 

Article 66

 

As from the transfer, employee representatives shall make up at least one sixth of the board of directors of the company. The provisions of the decree-law of 30 October 1935 which organises State control over companies, trade unions and associations or firms of any kind that requested the State's financial assistance, as amended by Article 12 of Act No. 49-985 of 28 July 1949 relating to credit lines and authorisations to incur expenses under the general budget for the 1949 financial year (Civil expenses of reconstruction and infrastructure – new operations) shall not apply to the State's representation while the State owns a part of the company's capital.

 

Article 67

 

The disputes that application of the provisions of Articles 58 to 66 may give rise to shall be referred to the jurisdiction of the administrative court.

 

Article 68

 

At the time of the transfer by the State of the capital of “Télévision française 1”, all employment agreements in progress on the date of the transfer shall subsist between the new employer and the company's personnel in accordance with the terms of Article L. 122-12 of the Labour Code.

Within the three months following the date of the State's loss of the majority of the capital, negotiations must be begun, at the request of one of the concerned parties, with a view to entering into new collective labour agreements or accords between trade unions recognised to be representative of employees and the employer of the personnel referred to in the previous paragraph.

The collective labour agreements or accords applicable to said personnel on the date of publication of this Act shall continue to produce legal effect, apart from the provisions relating to the joint commission and disciplinary committee, until the agreement or accords that replace them come into force or, in default, for a period, running as from the date of the State's loss of the majority of the capital, equal to the term during which the agreements or accords in question are still applicable after the normal expiry thereof, in the event they have been terminated by the parties.

When the agreements or accords in force on the date of publication of this Act have not been replaced by a new agreement or accord prior to the end of the period referred to in the previous paragraph, the employees of the company in question shall retain the individual benefits that they had acquired pursuant to the agreement or accord upon the expiry of said period.

The employees in office on the date of the State's loss of the majority of the capital shall continue to be affiliated to the retirement and welfare schemes to which they contributed and, in particular, the supplementary retirement scheme established by decree No. 70-1277 of 23 December 1970 relating to the establishment of a National insurance supplementary retirement scheme in favour of non-tenured officials of the State and of public authorities. The new collective agreements shall provide for continued affiliation to said schemes for said employees.

 

Article 69

 

Prior to the transfer by the State of the part of the capital of the national programme company “Télévision française 1” referred to in the second paragraph of Article 58, the personnel of the institutions provided for in title III of the aforementioned Act No. 82-652 of 29 July 1982, aged fifty five years or more on 31 December 1986, may, at their request, be placed in an early retirement position.

Until they are able to obtain full rate retirement, this position shall guarantee them a replacement income, which shall be revalued on the basis of the change in salaries, equivalent to the total of the pension and, where applicable, to the supplementary retirement(s) that they may claim.

The employment freed on this account in the companies and public corporation falling within the scope of title III of this Act may be proposed first and foremost to the officials of the company transferred to the private sector pursuant to Article 58.

As required, a decree in Conseil d'Etat shall define the provisions for application of this Article.

 

TITLE V

DEVELOPMENT OF FILM CREATION

 

Article 70

 

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

(Act No. 92-61 of 18 January 1992, Article 4, Official Journal of 21 January 1992)

(Act No. 94-88 of 1 February 1994, Article 10, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 85, Official Journal of 2 August 2000)

 

Audio-visual communication services that broadcast films and, in particular, the companies referred to in Article 44 shall contribute to the development of national film activities in accordance with the terms and conditions set in the terms of reference, the authorisations granted pursuant to Articles 30, 30-1, 31 and 65 of this Act and the decrees provided for in Articles 33 and 43.

The provisions applicable to the broadcasting of films set forth in the terms of reference, the authorisations and decrees referred to in the previous paragraph must specify:

1° A maximum number of broadcasts and repeat broadcasts of feature films per year;

2° The obligation to devote proportions at least equal to 60 percent of European works and of proportions at least equal to 40 percent of original French works in said broadcasting, in particular, at prime time;

3° the hourly grid of programming of feature films.

The provisions applicable to the broadcasting of feature films shall be identical for public and private audio-visual communication services broadcast uncoded which is not financed by remuneration by users.

 

Article 70-1

 

(Act No. 94-88 of 1 February 1994, Article 10, Official Journal of 2 February 1994)

(Act No. 2000-719 of 1 August 2000, Article 26, Official Journal of 2 August 2000)

 

The agreements entered into by a television service producer for the purchase of film broadcasting rights provide for the time limit at the expiry of which the film may be broadcast.

When there is an agreement between one or more professional organisations of the film industry and a services producer relating to the time limits applicable to one or more types of television operating of films, the time limits for broadcasting provided pursuant to said agreement shall be binding on the services producer.

 

Article 71

 

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

(Act No. 2000-719 of 1 August 2000, Article 41, Official Journal of 2 August 2000)

 

The decrees provided for in Articles 27 and 33 specify the terms in which the film or audio-visual work may be taken into account with respect to a service producer's contribution to independent production, based on the following criteria:

1° The period for which the service producer holds broadcasting rights;

2° The scope of the secondary rights and the authorisations to market that the service producer holds directly or indirectly;

3° The nature and scope of the responsibility of the service in the production of the work.

For audio-visual works, the service producer may not directly or indirectly hold producer's shares.

Said decrees also take the following criteria into account for the firm that produces the work:

1° The share that the service producer owns directly or indirectly in the firm's capital;

2° The share that the firm owns directly or indirectly in the capital of the service producer;

3° The share that a shareholder or a group of shareholders owns directly or indirectly in the service producer's capital and in the company's capital;

4° The control that a shareholder or a group of shareholders exercises over the service producer and over the firm;

5° The share of the revenues or volume of work produced by the firm with the service producer.

Said decrees set the criteria referred to in this Article applied for the films and those applied for the audio-visual works and shall determine the provisions for application thereof.

 

Article 73

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 12, Official Journal of 18 January 1989 in force on 1 July 1989)

(Act No. 2000-719 of 1 August 2000, Article 16, Official Journal of 2 August 2000)

 

Without prejudice to the provisions of the aforementioned Act No. 85-660 of 3 July 1985, the broadcasting of a film or audio-visual work by an audio-visual communication service may not be interrupted more than once for advertising, save for an exemption granted by the Conseil supérieur de l'audiovisuel. The advertising spot must be clearly identifiable as such.

The advertising break may only contain advertising spots, to the exclusion of any other document, data or message of any kind, in particular, trailers, self-promotion tapes.

However, the broadcasting of a film by the companies referred to in Article 44 and by the television services, which is financed by remuneration by users, may not be interrupted for advertising.

Subtitling of films with advertising and any interruption of films broadcast in the context of film society programmes for advertising are prohibited.

 

*Certain provisions of Act No. 85-660 of 3 July 1985 have been repealed by Article 5 of Act 92-597 of 1 July 1992. References to said provisions shall be replaced by references to the relevant provisions of the Intellectual Property Code*.

 

TITLE VI

PENALTY PROVISIONS

 

Article 74

 

(Act No. 92-1336 of 16 December 1992, Article 322, Official Journal of 23 December 1992 in force on 1 March 1994)

 

Any one who lends his name or borrows another's name in violation of the provisions of Article 35 shall be punished by a one year prison sentence and a fine of FRF 200,000 or one of said penalties only. The same penalties shall apply to any person that benefits from a fronting operation.

When a fronting operation has been carried out in the name of a company or an association, the penalties provided under the provisions of the previous paragraph shall be apply, as the case may be, to the chairman of the board of directors, to the chairman of the management board or the sole managing director, to the manager of the company or to the chairman of the board of directors of the association.

 

Article 75

 

(Act No. 92-1336 of 16 December 1992, Article 322, Official Journal of 23 December 1992 in force on 1 March 1994)

 

Individuals and de jure or de facto corporate officers who fail to provide the information that said individuals or legal entities are bound to provide pursuant to Article 38 on account of their holdings or voting rights shall be punished by a fine of FRF 120,000.

 

Article 76

 

(Act No. 92-1336 of 16 December 1992, Article 322, Official Journal of 23 December 1992 in force on 1 March 1994)

 

The de jure or de facto corporate officers of a joint stock company who, in violation of the provisions of Article 36, have issued bearer shares or have not take all necessary action to convert bearer shares to registered form shall be punished by a fine of FRF 40,000.

The de jure or de facto corporate officer of an authorised audio-visual communication service who has not complied with the requirements of Article 37 and the supplier of the audio-visual communication service subject to a prior declaration who has not complied with the requirements of the seventh paragraph (1°) of Article 43 shall be punished by the same penalty.

Article 77

 

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

(Act No. 92-1336 of 16 December 1992, Article 322, Official Journal of 23 December 1992 in force on 1 March 1994)

 

Any one who violates the provisions of Article 39 or of Article 40 shall be punished by a fine of one million francs.

 

Article 78

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 23, Official Journal of 18 January 1989)

(Act No. 92-1336 of 16 December 1992, Article 322, Official Journal of 23 December 1992 in force on 1 March 1994)

(Act No. 2000-719 of 1 August 2000, Article 80, Official Journal of 2 August 2000)

 

I. - Shall be punished by a fine of FRF 500,000, the de jure or de facto corporate officer of an audio-visual communication service who issued or caused the issue:

1° Without authorisation of the Conseil supérieur de l'audiovisuel or in breach of a suspension or withdrawal decision taken on the basis of the provisions of Article 42 or on a frequency other than that allocated to it;

2° In violation of the provisions concerning the power or the location of the transmitter;

3° Without having entered into the agreement provided for in Article 33-1 with the Conseil supérieur de l'audiovisuel.

II. - Shall be punished by the same penalties:

1° The de jure or de facto corporate officer of a distributor of services by satellite who distributed an offer of audio-visual communication services to the public without having made the declaration provided for in Article 34-2 or having failed to notify the Conseil supérieur de l'audiovisuel of the changes provided for in the third paragraph of the same Article;

2° The de jure or de facto corporate officer of a distributor of services by terrestrial radio link  who distributed an offer of audio-visual communication services to the public without the authorisation of the Conseil supérieur de l'audiovisuel or without having made the declaration provided for in Article 30-2 or in breach of a suspension or withdrawal decision taken on the basis of the provisions of Article 42 or on a frequency other than that allocated to it;

3° The de jure or de facto director of a distributor of services by terrestrial radio link who carried on its activity in violation of the provisions concerning the power or the location of the transmitter.

III. - In the event of a repeat offence or in the event the illegal emission disturbed the radio programmes or relay links of a public service, a national programme company or an authorised service, the party liable for the offence may be punished by a fine of one million francs and a prison sentence of a maximum term of six months.

The officials of the Conseil supérieur de l'audiovisuel and those placed under its authority may, if they are specially empowered for this purpose by the Conseil and sworn in the terms defined by decree in Conseil d'Etat, record the offences provided for above in a report. Their reports shall be forwarded within five days to the public prosecutor. Within the same time limit, a copy thereof shall be sent to the chairman of the Conseil supérieur de l'audiovisuel and to the de jure or de facto corporate officer of the audiovisual communication service that committed the offence.

As soon as the offence has been recorded, the criminal investigation department may seize the facilities and equipment. The procedures provided for in Articles 56 and 57 of the Code of Criminal Procedure shall be applicable to the seizure.

In the event of a conviction, the court may order the confiscation of facilities and equipment.

 

Article 78-1

 

(Act No. 90-1170 of 29 December 1990, Article 19, Official Journal of 30 December 1990)

(Act No. 92-1336 of 16 December 1992, Article 322, Official Journal of 23 December 1992 in force on 1 March 1994)

(Act No. 2000-719 of 1 August 2000, Article 85, Official Journal of 2 August 2000)

 

Any one who established, without the authorisation provided for in the first paragraph of Article 34 or maintained in breach of a decision to withdraw said authorisation, a network that distributes radio and television broadcasting services by cable shall be punished by a fine of FRF 500,000.

Any one who operated a network that distributes radio or television broadcasting services by cable without the authorisation provided for in the sixth paragraph of Article 34, in breach of the terms of authorisation or of a decision to withdraw said authorisation shall be punished by the same penalties.

In the event of a repeat offence, the party liable for the offence shall be punished by a fine of one million francs and a prison sentence of a maximum term of one year.

 

Article 79

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 24, Official Journal of 18 January 1989)

(Act No. 2000-719 of 1 August 2000, Articles 26 and 81, Official Journal of 2 August 2000)

 

Shall be punished by the penalty provided for in the first paragraph of Article 78:

1° Any one who failed to observe the provisions of the terms of reference and the decrees provided for in Articles 27, 33 and 43 as well as the terms of reference attached to the concession contracts for the operation of the audio-visual communication services relating to the number and nationality of the films broadcast and repeat broadcasts, the hourly grid of programming of said works;

2° Any one who failed to observe the provisions of Article 89 of the aforementioned Act No. 82-652 of 29 July 1982.

As soon as the offence provided for in the Article 89 of the aforementioned Act No. 82-652 of 29 July 1982 has been recorded, the criminal investigation department may seize the media illegally distributed to the public. The procedures provided for in Articles 56 and 57 of the Code of Criminal Procedure shall be applicable to the seizure.

The individuals and de jure or de facto corporate officers who failed to reply or who replied inaccurately to the requests for information made by the Conseil supérieur de l'audiovisuel pursuant to the fourth paragraph of paragraph 1 of Article 19 shall be punished by a fine of FRF 120,000.

 

Article 79-1

 

(inserted by Act No. 92-1336 of 16 December 1992, Article 268, Official Journal of 23 December 1992 in force on 1 March 1994)

 

The manufacture, importation for sale or rental, the offer for sale, the holding for sale, the sale or installation of equipment, hardware, systems or instruments designed, in whole or in part, to fraudulently capture programmes broadcast on television when said programmes are reserved for a specific public which has access thereto by remuneration paid to the service operator shall be punished by a two year prison sentence and a fine of FRF 200,000.

 

Article 79-2

 

(inserted by Act No. 92-1336 of 16 December 1992, Article 268, Official Journal of 23 December 1992 in force on 1 March 1994)

 

The fact of ordering, designing, organising or broadcasting advertising that directly or indirectly promotes equipment, hardware, systems or instruments referred to in Article 79-1 shall be punished by a one year prison sentence and a fine of FRF 100,000.

 

Article 79-3

 

(inserted by Act No. 92-1336 of 16 December 1992, Article 268, Official Journal of 23 December 1992 in force on 1 March 1994)

 

The organisation, in fraud of the service operator's rights, of the reception by third parties of the programmes referred to in Article 79-1 shall be punished by a six month prison sentence and a fine of FRF 500,000.

 

Article 79-4

 

(inserted by Act No. 92-1336 of 16 December 1992, Article 268, Official Journal of 23 December 1992 in force on 1 March 1994)

 

The purchase or holding of equipment, hardware, systems or instruments referred to in Article 79-1 for use shall be punished by fine of FRF 500,000.

 

Article 79-5

 

(inserted by Act No. 92-1336 of 16 December 1992, Article 268, Official Journal of 23 December 1992 in force on 1 March 1994)

 

In the event of a conviction for one of the offences defined in Articles 79-1 to 79-4, the court may order the confiscation of equipment, hardware, systems and instruments as well as of advertising documents.

 

Article 79-6

 

(inserted by Act No. 92-1336 of 16 December 1992, Article 268, Official Journal of 23 December 1992 in force on 1 March 1994)

 

Even if the claimant brings a civil action before the criminal court on the ground of one of the offences referred to in Articles 79-1 to 79-4, the president of the Tribunal de Grande Instance may, by decision in ex parte proceedings, authorise the seizure of equipment, hardware, systems and instruments referred to in Article 79-1, technical documents, assembly plans, graphic descriptions, prospectuses and other advertising documents presenting said equipment, hardware, systems and instruments and even prior to publication or distribution as well as of the revenues generated by the illegal activity.

He may also, ruling in interlocutory proceedings, order the termination of any manufacturing.

 

TITLE VII

MISCELLANEOUS PROVISIONS

 

Article 80

 

(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986)

(Act No. 89-25 of 17 January 1989, Article 25, Official Journal of 18 January 1989)

(Act No. 90-1170 of 29 December 1990, Article 27, Official Journal of 30 December 1990)

(Act No. 2000-719 of 1 August 2000, Article 33, Official Journal of 2 August 2000)

 

The radio broadcasting services by radio link referred to in the fifteenth paragraph of Article 29, when their commercial resources coming from messages broadcast on the air and from trademark advertising or sponsoring are less than 20 percent of their total revenues, shall benefit from an aid in accordance with the terms and conditions defined by decree in Conseil d'Etat.

Said aid shall be financed by a drawdown on resources from the advertising broadcast by radio and television broadcasting.

The remuneration received by the radio broadcasting services by radio link when messages to support collective actions or the public interest are broadcast shall not be taken into account to determine the threshold referred to in the first paragraph of this Article.

 

Article 95

 

(inserted by Act No. 2000-719 of 1 August 2000, Article 22, Official Journal of 2 August 2000)

I. - Within the meaning of this Article, the words “conditional access system” means any technical system that permits, regardless of the mode of transmission used, the restriction of access to all or part of one or more television or radio broadcasting services transmitted by digital signals to the sole audience authorised to receive it and the words “operators of conditional access systems” means any physical or legal person that operators or provides a conditional access system.

II. - The operators of conditional access system shall accede, on fair, reasonable and non-discriminatory conditions, to the requests from distributors or producers of television or radio broadcasting services when said requests concern the supply of technical services required for the reception of their offer by the authorised audience.

Access to all terminals for the reception of television or radio services distributed to the public by digital signals shall be proposed on fair, reasonable and non-discriminatory conditions to all distributors or producers of television or radio broadcasting services that wish to use it to distribute their offer to the authorised audience. The provisions of this paragraph do not concern access to radio link broadcasting infrastructures and television distribution networks.

The operators of conditional access systems must use a technical process that permits, on reasonable economic conditions, distributors of grouped service offers using one of the networks provided for in Article 34 to distribute the television or radio broadcasting services by digital signals on the network that they use by means of a conditional access system of their choice.

When a producer or a distributor of television or radio broadcasting services uses a conditional access system pursuant to the first or second paragraphs of this paragraph II, the holder of the intellectual property rights shall grant licences to develop technical systems used with said conditional access system to said producers or distributors on fair, reasonable and non-discriminatory conditions. Said producers or distributors then undertake to comply, insofar as they are concerned, with the terms that guarantee the operating security of each of the systems that they use.

The holder of intellectual property rights to all or part of a technical system that permits the reception of an offer of radio or television broadcasting services by digital signals may not grant operating licences to manufacturers on terms that restrict the regrouping or connection of several of said systems on a same terminal from the moment said manufacturers undertake to comply, insofar as they are concerned, with terms that guarantee the operating security of each of said systems. Rights must be transferred on fair, reasonable and non-discriminatory conditions.

The operators or suppliers of conditional access systems to digital television or radio broadcasting services distributed to the public shall set up separate financial accounts recording their entire activity in respect of the operation or supply of said systems.

 

TITLE VIII

TRANSITIONAL AND END PROVISIONS

 

Article 98

 

After the termination of their duties, the members of the Haute Autorité de la communication audiovisuelle shall receive a monthly indemnity equal to the salary allocated to them. Said indemnity shall be paid for six months, unless the concerned parties have already resumed a remunerated activity or, if they are civil servants, have been reinstated in their occupation.

 

Article 100

 

(Act No. 90-1170 of 29 December 1990, Article 20, Official Journal of 30 December 1990)

 

For the application of Article 7 of this Act, the services of the public broadcasting corporation required to exercise the attributions granted to the Conseil pursuant to this Act referred to in Article 34 of the aforementioned Act No. 82-652 of 29 July 1982 shall, in particular, be placed under the authority of the Conseil supérieur de l'audiovisuel. The personnel of said services who are subject to private law shall retain all of the rights provided for in their employment agreements.

 

Article 101

 

Up to the effective date of the transfer referred to in the last paragraph of Article 64, the board of directors of the company “Télévision française 1” shall remain in office and the terms of reference applicable to said company on the date of publication of this Act shall continue in force.

 

Article 102

 

The boards of directors of the national programme companies and the Institut national de la communication audiovisuelle established pursuant to the aforemented Act No. 82-652 of 29 July 1982, which the institutions referred to in Articles 44 and 49 replace, shall remain in office until the date of appointment of the directors appointed pursuant to title III. Said appointment shall be made no later than six months after the date of publication of this Act. The provisions of the terms of reference of the institutions provided for under title III of the aforementioned Act No. 82-652 of 29 July 1982, which the institutions referred to in Articles 44 and 49 replace, shall continue in force until the terms of reference provided for in Articles 48 and 49 have been published. Said publication shall take place no later than six months after the date of publication of this Act.

 

Article 103

 

The chairman, managing director and the members of the board of directors of the public broadcasting corporation provided for in Article 34 of the aforementioned Act No. 82-652 of 29 July 1982 shall remain in office until the company provided for under Article 51 of this Act has been incorporated.

Up to the date on which the State has transferred at least 10 percent of the capital of the company referred to in the first paragraph of this Article, the composition of the board of directors of the company shall be governed by the same rules as those that apply to the Institut national de l'audiovisuel pursuant to Article 50 of this Act. The chairman shall be appointed by decree.

The personnel of the public broadcasting corporation shall retain all rights provided for in their employment agreements. Affiliations to retirement and welfare schemes in force on the date of the legal conversion of the public corporation into a company shall be maintained.

The terms of reference of the public broadcasting corporation shall continue in force until the terms of reference provided for in Article 51 have been published.

The property incorporated in the public domain of the corporation shall be delisted and transferred to the company's estate.

 

Article 104

 

(Act No. 96-314 of 12 April 1996, Article 53, Official Journal of 13 April 1996)

 

The estate and the rights and obligations of the institutions provided for under title III of the aforementioned Act No. 82-652 of 29 July 1982 shall, as required, be transferred to the institutions referred to in Articles 44, 49 and 51 under title III of this Act, which shall take over their attributions or, where applicable, to the State by joint oder of the relevant ministers.

Property, rights and obligations that may be transferred pursuant to this Article shall entail the collection of duties or taxes or payment of salaries or of fees.

 

Article 105

 

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

(Act No. 89-25 of 17 January 1989, Article 28, Official Journal of 18 January 1989)

 

I. - Authorisations to operate an audio-visual communication service issued prior to the date of publication of Act No. 89-25 of 17 January 1989 shall not be interrupted on account of said Act.

The provisions of Articles 42-42-11 shall apply to the holders of the authorisations referred to in the previous paragraph in the event of breach of the obligations imposed by law and regulations and by the authorisation decision.

II. - When the expiry of the authorisations issued pursuant to Article 17 of the aforementioned Act No. 82-652 of 29 July 1982 is situated between 1 May 1986 and the date of invitations for tenders provided for in Article 29 of said Act for a specific area, said expiry shall be extended to a date set by the Conseil supérieur de l'audiovisuel.

III. - The Conseil supérieur de l'audiovisuel shall supervise compliance, by the company holding a concession pursuant to the provisions of Article 79 of the aforementioned Act No. 82-652 of 29 July 1982, of obligations set forth in the concession agreement and the terms of reference attached thereto. If it records that the concessionary company has breached its obligations, it shall submit a proposal to the Government in respect of a penalty, based on the provisions of the concession agreement.

 

Article 106

 

(Act No. 86-1210 of 27 November 1986, Article 8, Official Journal of 28 November 1986)

 

Local semi-public companies established on the basis of Act No. 84-743 of 1 August 1984 for the operation of a radio-television service distributed to the public on a cabled network shall remain, at their request, governed by the provisions prior to this Act. In this case, the provisions relating to a minimum holding by public corporations in the capital of said companies shall no longer apply.

 

Article 107

 

Authorisations for the broadcasting of live television programmes by satellite issued pursuant to Article 7 of the aforementioned Act No. 82-652 of 29 July 1982 shall end as from the date of publication of this Act. The withdrawal of authorisation shall grant entitlement to compensation for any loss that the holder may have sustained.

 

Article 108

 

(Act No. 93-1 of 4 January 1993, Article 12, Official Journal of 5 January 1993)

(Act No. 2001-616 of 11 July 2001, Article 75, Official Journal of 13 July 2001)

 

Apart from its Article 53, this Act shall apply to the territories of New Caledonia, French Polynesia, the islands of Wallis and Futuna and to Mayotte.

* Article 53 has been repealed and codified under Article L. 216-1 of the Intellectual Property Code by Act No. 92-597 of 1 July 1992. Refer to Article L. 811-1 of said code concerning the scope of the new provisions.*

* Article 222 IV of Constitutional Act No. 99-209 of 19 March 1999 relating to New Caledonia provides:

“IV. – In all laws and regulations in force:

1° The reference to the territory of New Caledonia shall be replaced by reference to New Caledonia;

2° The reference to the territorial assembly of New Caledonia shall be replaced by reference to the new congress of New Caledonia;

3° The reference to the executive of New Caledonia shall be replaced by reference to the government of New Caledonia.

 

Article 109

 

Act No. 84-409 of 1 June 1984 relating to the establishment of the Carrefour international de la communication has been repealed as from 1 October 1986.

The property that the public corporation Carrefour international de la communication owns as well as the rights and obligations arising from agreements that it entered into shall be transferred by operation of law to the Institut national de l'audiovisuel.

However, the property that said public corporation bought in the Tête-Défense property complex and the rights and obligations related thereto shall be transferred by operation of law to the State.

 

Article 110

 

(Act No. 86-1210 of 27 November 1986, Article 4, Official Journal of 28 November 1986)

 

Have been repealed :

1° Article L. 34-1 and the second paragraph of Article L. 39 of the Posts and Telecommunications Code;

2° the aforementioned Act No. 82-652 of 29 July, apart from Articles 6, 73, 89, 90, 92, 93, 93-2, 93-3, 94, 95 and 96,

3° Paragraphs 4° and 5° of Article 11 of Act No. 83-597 of 7 July 1983 relating to local semi-public companies;

4° The aforementioned Act No. 83-653 of 12 July 1983, apart from its Articles 15 and 16;

5° The aforementioned Act No. 84-743 of 1 August 1984;

6° Article 27 of the aforementioned Act No. 84-747 of 2 August 1984.

 

Article 111

 

[Provisions declared to be inseverable from Articles 39 and 41 of this Act by decision of the Conseil constitutionnel No. 86-217 DC of 18 September 1986.]