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Decision of July 27th, 2017 relative to a call to the candidatures for the edition of services of radio operator multiplexed diffused by terrestrial hertzian way in full-time digital mode bandages III of them

Publication date: Thursday, August 3, 2017
Plenary assembly of July 27th, 2017

 

The Superior council of the audio-visual one,

Considering the code of the stations and electronic communications, in particular its L-43 article;

Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 28-4, 29-1, 29-3, 30-2 and 31;

Considering the decree of January 3rd, 2008, modified by the decree of August 16th, 2013, relating to the radio diffused in digital mode by terrestrial hertzian way or satellite way in band L or band S fixing the characteristics of the emitted signals;

Considering the decree n° 94-972 of November 9th, 1994 taken for the application of the 1° of article 27 of the law n°86-1067 of September 30th, 1986 relating to the freedom of communication and defining the obligations relating to the access to local publicity and the local sponsorship of the editors of services of radio operator diffused by terrestrial hertzian way pursuant to articles 29,29-1 and 30-7 of the same law;

Considering the decree n° 2011-732 of June 24th, 2011 relating to the technical committees envisaged in article 29-3 of the law of September 30th, 1986 relating to the freedom of communication;

Considering the deliberation of January 15th, 2013 modified by the deliberation 2013-31 of October 16th, 2013 relating to the fixing of rules of radioelectric resource sharing of the terrestrial digital radio bandages III of them;

Considering the document of the Superior council of audio-visual “the Services and profile of indication for the diffusion of ground the digital radio” of January 15th, 2013;

Considering the public consultation launched by the Superior council of audio-visual on June 12th, 2017 pursuant to the provisions of articles 28-4 and 31 of the law of September 30th, 1986;

Considering the impact studies of the Superior council of audio-visual published on June 12th, 2017 and relating to the decisions of authorization of use of the radioelectric resource on the base of article 31 of the law of September 30th, 1986;

Considering the syntheses of the public consultation and observations relating to the impact studies launched pursuant to articles 28-4 and 31 of the law of September 30th, 1986 and the conclusions adopted by the council;

Considering that the observations relating to the impact studies call into question, neither in its principle, nor in its perimeter, the launching of a call to the candidatures for services of radio operator multiplexed diffused by terrestrial hertzian way in full-time digital mode;

After having deliberated on it,

Decide: 

Article 1st.- Nature of the call, standards of diffusion, description of the available resource and obligations of cover.

It is proceeded to a call to the candidatures for the exploitation of services of radio operator multiplexed by terrestrial hertzian way in digital mode in light, full-time bandages III of them.

The features of the diffused signals must be in conformity with the provisions of the decree of January 3rd, 2008 modified referred to above, which to date impose conformity on the European standard INTO 300,401 bandages III of them, like with the document establishing the “services and profile of indication for the diffusion of the digital ground radio” whose electronic version is available on the website of the council. The candidates thus have the choice enters, on the one hand, technical specification TS 102,563, also called “standard Usually +”, and, on the other hand, technical specifications TS 102,427 and TS 102,428, also called “standard T-DMB”. It is technically possible to share the same radioelectric resource between services diffused in Usually + and services diffused in T-DMB.

The geographical zones being the object of the call to the candidatures are the following ones:

a) Territorial committee of audio-visual of Caen 

  • Wide Rouen;
  • Local Rouen;
  • Le Havre.

b) Territorial committee of audio-visual of Rennes

  • Wide Nantes;
  • Local Nantes;
  • Saint-Nazaire;
  • The Roche-sur-Yon.

The geographical zones are defined in the appendix I, which also mentions the channels available bandages III of them. The resource is planned by allotment, in accordance with article 25 of the law of September 30th, 1986 referred to above, and according to the methods described with appendix II of this decision.

The width of these channels and the standards of diffusion envisaged by the decree referred to above make it possible to share the same radioelectric resource between several services of radio. The deliberation of January 15th, 2013 modified by the deliberation 2013-31 of October 16th, 2013 relating to the fixing of the rules of radioelectric resource sharing of the terrestrial radio digital bandages III of them envisages the number of thousandth of resource radioelectric which will be allotted to each service of radio according to the standard of diffusion retained by the selected candidate and thus makes it possible to determine the number of authorized services.

The entirety of the radioelectric resources mentioned with appendix I am available: the number of thousandth which will be allotted by the Council, on the base of the deliberation referred to above, with services authorized on the same radioelectric resource of appendix I will not be able to thus exceed 1,000 (thousand) for services in equivalent full-time.

Only one type of allotment (local or wide) is put at the call in each zone. The candidature in a zone is worth consequently candidature for the type of allotment put at the call in this zone. The type of the allotment put at the call in each zone is specified with appendix I.

The candidates engage on effective deposit rates of each allotment within the following times as from the date of starting of the emissions of the editors authorized in the zones of the call fixed by the Council:

  • at least 40% of the population included in the allotment with the starting of the emissions;
  • at least 60% of the population included in the allotment within a period of 2 years;
  • at least 80% of the population included in the allotment within a period of 4 years.

So of the resource becomes inalienable, in particular following the exercise of the priority right envisaged to article 26 of the law of September 30th, 1986 for services of the public sector, the council publishes in the Journal officiel de la République française a decision indicating the resource which would be booked for the diffusion of these services. 

Article 2.- Candidatures.

This call is opened to the editors of services, in accordance with the provisions of II of article 29-1 and article 30-5 of the law of the modified September 30th, 1986.

a) Definition of a service of radio 

Pursuant to article 2 of the law of September 30th, 1986, is regarded as a service of radio: “ any department of communication with the public by electronic way intended to be received simultaneously by the whole of the public or a category of public and whose main program is composed of an ordered succession of emissions comprising of the sounds ”.

A service of radio can, pursuant to the provisions of article 29-1 of the law of September 30th, 1986, being accompanied by associated data intended to enrich or supplement the main program.

b) As regards services of radio, categories of services concerned with the call 

This call relates to the five categories of following services of radio: 

CATEGORY A. - SERVICES OF RADIO OPERATOR ASSOCIATIVE ACHIEVING A MISSION OF SOCIAL COMMUNICATION OF PROXIMITY AND WHOSE COMMERCIAL RESOURCES COMING FROM THE PUBLICITY OF BRAND OR SPONSORSHIP ARE LOWER THAN 20% OF THEIR TOTAL TURNOVER

Concern this category the services of radio whose commercial resources coming from messages diffused with the antenna and presenting the character of publicity of brand or sponsorship are lower than 20% of their total turnover, in accordance with article 80 of the law of September 30th, 1986.

These services achieve a mission of social communication of proximity, consisting in supporting the exchanges between the social and cultural groups, the expression of the various sociocultural currents, the support for local development, environmental protection or the fight against exclusion.

Their program of local interest, except publicity, must represent a one daily duration diffusion of at least four hours, between 6 a.m. and 22 hours.

For the rest of time, the holder can appeal:

  • with the retransmission simultaneous or differed from elements of programs provided by thirds (banks of programs, independent producer, etc). These elements of programs, except for flash of information, do not have to be identified with the antenna, nor to understand advertisement. They are provided with the help of the payment of a royalty whose amount is established according to the market rates. The holder must preserve a total independence with regard to his supplier;
  • with a supplier of identified program:
  • that is to say a titular supplier of an authorization of category A and carrying out the supply free of charge;
  • that is to say another supplier when the following conditions are met:
  • the supplier is an association or one Groupement d'Interet Economique whose associates or members are exclusively titular associations of an authorization of category A;
  • the provided program is made up only of elements provided by the members of this organization and identified like such, and of elements directly manufactured or assembled by this one;
  • the supply of the program is booked with the services of category A authorized and members of the organization;
  • the conditions under which the members of association or the grouping take part in the financing of the organization are made available of the Superior council of the audio-visual one. 

CATEGORY B. - SERVICES OF RADIO OPERATOR BUILDINGS OR REGIONAL INDEPENDENT NOT DIFFUSING A PROGRAM WITH NATIONAL VOCATION IDENTIFIED

This category consists of services which are diffused by local operators or regional, whose zone of service road does not cover a population of more than six million inhabitants and who diffuse a program having a local or regional vocation marked. They are characterized by the diffusion of a programme of one daily duration local interest, except publicity, of at least four hours, between 6 a.m. and 22 hours.

The local or regional services independent can also call on the retransmission simultaneous or differed from elements of programs provided by thirds (banks of programs, independent producer, etc). These elements of programs, except for flash of information, do not have to be identified with the antenna, nor to understand advertisement. They must be provided with the help of the payment of a royalty whose amount is established according to the market rates. The holder must preserve a total independence with regard to his supplier. 

CATEGORY C. - SERVICES OF RADIO OPERATOR BUILDINGS OR REGIONAL DIFFUSING THE PROGRAM OF A NETWORK SET OF THEMES TO NATIONAL VOCATION

This category consists of services which are diffused by local operators or regional, whose zone of service road does not cover a population of more than six million inhabitants and who are characterized:

  • by the daily diffusion of a program of local interest, for one duration which cannot be lower than three hours, except publicity, under the conditions laid down in the convention concluded with the Superior council from audio-visual, between 6 a.m. and 22 hours;
  • by the diffusion, in complement of these emissions, of an identified program provided by a network set of themes to national vocation.

The candidates presenting itself in this category must provide precise indications on the network and the contractual conditions under consideration with this one. They must, in particular, produce a copy of the agreement of programming concluded or considered, which specifies the terms of dissemination of the provided program. 

CATEGORY D. - SERVICES OF RADIO SETS OF THEMES TO NATIONAL VOCATION

This category consists of services whose vocation is the diffusion of a program set of themes on the national territory without local unhookings. 

CATEGORY E. - SERVICES OF RADIO GENERAL PRACTITIONERS WITH NATIONAL VOCATION

This category consists of services with national vocation and general practitioner whose programs, of a great diversity of kinds and contents, make a big part with information. The candidates must describe with precision the various categories of emissions.

These services can carry out unhookings one daily total duration lower than one hour and intended for the diffusion of local information.

c) Legal people likely to be candidates

The announcements of candidacy are presented, in accordance with the second subparagraph of the I of article 29-1 of the law of the modified September 30th, 1986, either by a company, or by a foundation, or by an association declared according to the law of July 1st, 1901 relating to the contract of association, or an association with nonlucrative goal control by the local law in the departments of the Low-Rhine, Haut-Rhin and the Moselle.

The candidate commits himself ensuring the effective exploitation of the service. The effective owner is that which ensures the leading responsibility for the service and assumes his economic risk. 

Article 3. – Device anti-concentration

The editor must comply with the rules relating to the nationality and the concentration of the media such as they are fixed at articles 40 (for the companies) and 41 (for the companies and associations) of the law of the modified September 30th, 1986.

Article 4. - Withdrawal of the files.

The models of candidates' files for the five categories of services are consultable and downloadable on the website of the Superior council of the audio-visual one. They can also be obtained from the direction of the radio operator media of the CSA (01 40 58 38 00).  

Article 5. - Deposit of the candidatures.

Under penalty of inadmissibility, the candidates' files must:

  • that is to say to be given before October 17th, 2017 to 5 p.m. to the Superior council of audio-visual, Mirabeau turn, 39-43, quai André-Citroën, 75015 Paris, a receipt of deposit of the file being delivered to the candidates or their agents;
  • that is to say to be addressed by mail recommended with acknowledgement of delivery to the Superior council of audio-visual, call to the candidatures RNT, 39-43, quai André-Citroën, 75739 Paris Cedex 15, at the latest October 17th, 2017, the postmark being taken.

The files must be written in French language.

The number of specimens of the file required to the Superior council of audio-visual varies according to the number of territorial committees of audio-visual concerned with the candidature. The candidate refers in the table below in order to know the number of specimens of the file to be produced.

At least a specimen must be provided in form dematerialized, on USB key or CD-ROM: the transmission of this specimen by email or provision on a site extranet will not be accepted. In the event of difference between the specimen on paper and the specimen dematerialized, only the contents of the specimen on paper will be retained for the instruction of the candidature.

 

Many territorial Committees concernés* Many files required to the CSA
1 2 specimens in form paper and 1 specimen in dematerialized form
2 3 specimens in form paper and 1 specimen in dematerialized form

 

 (*) to precisely know the number of territorial committees of audio-visual concerned, to refer to appendix I of this decision.  

 

The Superior council of audio-visual transmits to each territorial committee of audio-visual the candidates' files concerned with his geographical competence. 

The candidate who wishes to withdraw his candidature must, without delay, to inform some by mail recommended with acknowledgement of delivery the council, which takes note of it. If desistance is carried out after the delivery of the authorization, the resource planned for the service which is the object of desistance can be allotted only after one new call to the candidatures.

Article 6. - Contents of the candidates' file.

The candidates fill a candidates' file corresponding to the category of service of their choice. Only one file by project must be filled, even if the diffusion of the program is envisaged on several zones.

Models of candidates' files are, according to the category of service chosen, downloadable on the site of the CSA.

After the deadline of deposit of the files, any modification made to a candidature, which would be regarded as substantial by the Superior council of the audio-visual one, would make that the corresponding candidature would be looked like news and, consequently, rejected with the reason for the inadmissibility. 

Article 7. - Admissibility.

The Superior council of audio-visual adopts the list of the admissible candidates after opinion of the territorial committees of the audio-visual one.

The candidates are admissible who observe the following conditions:

  • Deposit or sending of the files to the seat of the Superior council of audio-visual under the deadlines and conditions fixed at the first subparagraph of article 5;
  • Project corresponding to the object of the call to the candidatures;
  • Effective existence of the legal person candidate to the deadline of deposit of the candidatures or, failing this, commitment of the necessary steps to the acquisition of the legal entity, justified by the production of the following documents:
  • for an association declared according to the law of July 1st, 1901 relating to the contract of association which has been the object of a publication to the Official journal, statutes dated and signed and publication copies;
  • for an association declared according to the law of July 1st, 1901 relating to the contract of association which has not been yet the object of a publication to the Official journal, statutes dated and signed and copy request for publication or, failing this, receipt of declaration or certificate of deposit of the file of declaration in prefecture;
  • for a company registered with the trade register and companies, extract K-(a) going back to less than three months, dated and signed statutes;
  • for a company not yet registered with this register, banking certificate of a frozen account, dated and signed statutes. 

The effective existence of the legal person will be required prior to the delivery of the authorization and with the conclusion of the convention envisaged in article 28 of the law of September 30th, 1986.

The list of the admissible candidates is published in the Journal officiel de la République française . The Superior council of audio-visual notifies the rejection of the candidatures whose projects were declared inadmissible. 

Article 8. - Instruction and selection of the files.

The territorial committees of audio-visual inform the files of the candidates concerned with their geographical competence:

- the territorial committee of audio-visual of Caen for the zones of: Wide Rouen; Local Rouen; Le Havre;

- the territorial committee of audio-visual of Rennes for the zones of: Wide Nantes; Local Nantes; Saint-Nazaire; The Roche-sur-Yon.

They transmit to the council an opinion accompanied by a list of the candidates who appear to them to be able to profit from an authorization.

Within sight of these opinions, the council proceeds, on a purely preparatory basis, a selection of the candidates. It notifies their selection to them and proposes to them, as a need, to conclude a convention.

The list of the selected candidates is the object of a publication on the website of the council

Article 9. - Development of convention

If necessary, the council negotiates the convention envisaged in article 28 of the above mentioned law with the selected candidates. Models of convention are available on the website of the council: www.csa.fr.

In the absence of agreement on the terms of convention, the candidature is rejected. The council carries out then the selection of new candidates under the conditions envisaged in article 8. 

Article 10. - Authorization or rejection of the candidatures.

The council delivers the authorizations, which are published in the Journal officiel de la République française .

The criteria taken into account by the council for the attribution of the authorizations and the rejection of the other requests are mentioned to II of article 29-1 of the law of September 30th, 1986.

In accordance with the provisions of article 29-1 and in the limit of the availability of the radioelectric resources, the council selects in priority the services of radio authorized beforehand in analogical mode on the base of article 29 of the same law, which are received in the same geographical zone.

As far as the radioelectric resource available and within sight of the proposals formulated by the candidates, the council grants the right of use to the services of radio operator diffused by terrestrial hertzian way in digital mode by also taking account of coherence of the proposals formulated by the candidates as regards technical and commercial regrouping with other services.

The authorizations are one ten years maximum duration. They are likely to be taken back by the Superior council of audio-visual, except call to the candidatures, within the limit of twice and each time for one five years period. These decisions specify in particular the standard of diffusion retained by the candidate.

The council not notifies to the candidates - authorized the rejection of their candidature under the conditions envisaged for article 32 of the law of September 30th, 1986. 

Article 11. - Choice and authorization of the operator of multiplexing.

In accordance with article 30-2 of the law of September 30th, 1986, within a period of two months as from the issue of their permits, the titular editors of services of a right of use of the same radioelectric resource jointly propose to the council a distinct company charged to make assure the technical operations necessary for the transmission and the diffusion near the public of their programs. For this reason, it is in charge of in particular ensuring to assemble the signals of the services authorized on the same radioelectric resource and to contract, on behalf of the editors, with a company in charge to diffuse these signals.

In the absence of agreement between the editors on the choice of the operator of multiplexing, the council launches a new appeal for the candidatures on the radioelectric resource concerned, under the conditions envisaged in article 29-1 of the law of September 30th, 1986.

The council authorizes the company proposed and assigns to him the corresponding radioelectric resource. In the event of refusal of authorization by the council, the editors of services then have new a two months deadline to jointly propose a new operator of multiplexing. 

Article 12. - Approval of the sites.

The operator of multiplexing proposed by the editors of services indicates in particular to the council the features of working of the signal, his transmission and his diffusion. They can be approved by the Council only if one examination, carried out by itself or any other organization which he elected, makes it possible to make sure of the absence of embarrassments of proximity on tape III or other tapes, respect of the other allotments planned by the Council thus of the international agreements.

The sites of emission and the main features of diffusion suggested must, in all the cases, to be the object of a consultation near the National agency of the frequencies to obtain an opinion of the advisory commission of the sites and constraints (Comsis), in accordance with the article L. 43 of the code of the stations and the electronic communications.

In the event of rejection of the proposals of the operator of multiplexing, this one addresses a new technical proposal to the council.

Failing this, in accordance with article 25 of the law of September 30th, 1986, the council can subject the user of a site of emission to particular obligations, according in particular to the scarcity of the sites of emission in an area. It can, in particular, impose the regrouping of several multiplexings on the same site. 

Article 13. - Starting of the emissions.

The titular editors of services of an authorization are held to ensure the effective beginning of the emissions the date scheduled by the council and under the conditions fixed by their authorization. Failing this, the council can note the nullity of the authorization.

Article 14. - Publication.

The present decision will be published in the Journal officiel de la République française

 

Fact in Paris, on July 27th, 2017.
For the Superior council of the audio-visual one:
The president,
O. SCHRAMECK

 

To download the models of candidates' files: 

Radio of category A

Radio of category A (file Word format)

Radio of category B

Radio of category B (file Word format)

Radio of category C

Radio of category C (file Word format)

Radio of category D

Radio of category D (file Word format)

Radio of category E

Radio of category E (file Word format)

 

Download in framed “the Resources” the appendices of the call for candidate, as well as the cards of the zones concerned.