Decision of March 28th, 2018 relative to a call to the candidatures for the exploitation of services of radio per terrestrial hertzian way in full-time frequency modulation in the spring of the territorial committee of audio-visual of Marseilles
Publication date: Thursday, April 5, 2018
Plenary assembly of March 28th, 2018
The Superior council of the audio-visual one,
Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 28.29 and 29-3;
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 the modified 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 authorized services of sound broadcasting;
After having deliberated on it,
Article 1st. - It is proceeded to a call to the candidatures for the exploitation of services of radio per terrestrial hertzian way in full-time frequency modulation in the spring of the territorial committee of audio-visual of Marseilles.
The frequencies determined by the Superior council of audio-visual and their technical requirements of use are mentioned in appendix with the present decision.
The call to the candidatures relates to the five categories of radiophonic services defined in chapter II.
Chapter 1st – Withdrawal and deposit of the candidates' files
The request must be presented by the company, the association or the foundation which are committed 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.
1. Withdrawal of the files
The candidates withdraw the files with the seat of the territorial committee of audio-visual of Marseilles, 3 rue de la République, 13002 Marseille (telephone: 01.40.58.34 .13), where they can obtain all desired information. The files can, with their request, their being addressed by post way. They are also available on the website of the Superior council of audio-visual, www.csa.fr, file “the private radio stations hertzian them procedure of authorization”.
2. Deposit of the files
Under penalty of inadmissibility, the candidates' files must:
- that is to say to be given, before May 15th, 2018 at 5 p.m., the seat of the territorial committee of audio-visual of Marseilles, a receipt of the 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 territorial committee of audio-visual of Marseilles at the latest on May 15th, 2018, the postmark being taken.
The candidates must concomitantly transmit three complete and identical specimens of their candidates' file: a specimen on paper and two specimens in dematerialized form.
The dematerialized specimens are provided either on USB keys, or on CD-ROM (the transmission of these specimens by email or provision on a site extranet will not be accepted). The two dematerialized specimens must be provided on distinct supports.
In the event of difference between the specimen on paper and the specimens dematerialized, only the contents of the specimen on paper will be retained for the instruction of the candidature.
Chapter 2 – Categories of services
1. Determination of the category
The category in which a candidature is presented is a crucial factor. Any change of category which would occur after the delivery of the authorization without the agreement of the Superior council of audio-visual could cause the application of the provisions of the first subparagraph of article 42-3 of the law of September 30th, 1986, in virtue of which the authorization can be withdrawn, without preliminary formal notice, in the event of substantial modification of the data with considering which it was delivered.
If the service does not fill any more the criteria suitable for the category for which it is authorized, the authorization cannot be taken back.
2. Definition of the five categories of services
CATEGORY WITH - 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 (see item 3 of this chapter).
For the rest of the time of diffusion, the holder can appeal:
a) 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;
b) with a supplier of identified program:
- is a titular supplier of an authorization of category A and carrying out the supply free of charge;
- is 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 elements which compose the program must be directly manufactured by this association or this grouping or, if they are provided by the associates or members of the organization supplier, assembled by this one;
- the supply of the program is booked with 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 IDENTIFIES
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 (see item 3 of this chapter).
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 (see item 3 of this chapter) ;
- 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 WITH 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 RADIOPHONIC GENERAL PRACTITIONERS WITH NATIONAL VOCATION
This category understands 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 intended for the diffusion of local information.
3. DEFINITION OF THE PROGRAM OF LOCAL INTEREST
For the application of this decision, and in accordance with the terms of the decree n° 94-972 of November 9th, 1994 defining the obligations relating to the access to local publicity and the local sponsorship of the authorized services of sound radio, are regarded as “programs of local interest”, since they are diffused on a zone whose population is lower than six million inhabitants and which they are locally carried out by the staffs or local services directly remunerated by the holder of the authorization, local the data transmission, the emissions of local services, the emissions devoted to the expression or the local life, the radiophonic fictions and the musical programs, of which the composition or itanimation are local, like all the programs produced and diffused locally by the owner with an educational or cultural aim.
Chapter 3 – Contents of the candidates' file
The candidates' files must correspond to the category of service chosen by the candidate. Only one file must be filled by project, even if the diffusion of the program is envisaged on several zones. The files are written in French language.
The production of the file is an essential element of appreciation for the Superior council of the audio-visual one. This file must be made up in the name of the legal person candidate. It understands six parts:
1° Form indicating the principal elements of identification of the candidature.
The candidate specifies the geographical zone put in call asked and mentions, as an indication, the frequency that it wishes to exploit on this zone.
2° Information on the legal person candidate.
3° Characteristic general of the service.
4° Methods of financing of the service.
5° Features of emission.
6° Components of convention to be concluded with the Superior council from the audio-visual one.
Chapter 4 – Course of the procedure
1. LIST OF THE ADMISSIBLE CANDIDATES
The Superior council of audio-visual adopts the list of the admissible candidates after opinion of the territorial committee of the audio-visual one.
The candidates are admissible who observe the following conditions:
- deposit of the files at the territorial committee of audio-visual within the time allowed at chapter I of this decision;
- project whose object corresponds to the text of the call to the candidatures;
- effective existence of the legal person candidate 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 having been the object of a publication to the Official journal, dated and signed statutes and copies publication;
- for an association not having been yet the object of a publication to the Official journal, dated and signed statutes and copies 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, statutes dated and signed and extracted K (a) going back to less than three months;
- for a company not yet registered with the trade register and companies, statutes gone back and signed and banking certificate to a frozen account.
The effective existence of the legal entity is required prior to 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 Official journal. The Superior council of audio-visual notifies the rejections of candidature.
2. SELECTION OF THE CANDIDATURES
The territorial committee of audio-visual informs the files of the candidates being reproduced on the list mentioned above. It transmits to the Superior council of audio-visual opinion accompanied by a list of the candidates who appear to him to be able to profit from an authorization.
Within sight of this opinion, the Superior council of audio-visual proceeds, on a purely preparatory basis, a selection of the candidates by adopting the geographical zone put in call and the frequencies on which it plans to authorize them to emit. It makes notify this selection with the candidates and proposes to them as a need the conclusion for the convention envisaged in article 28 of the law of September 30th, 1986.
The list of the selected candidates is the object of a publication on the website of the www.csa.fr council. It can be sent by the territorial committee of audio-visual, by post way or electronics, on request.
3. site of emission
The selected candidates indicate by mail recommended with notice of receipt to the Superior council of audio-visual, within a period of one month as from the reception of the letter notifying to them their selection, the sites of emission as well as the precise characteristics of their system of antenna, in particular the maximum altitude of the sending antennas. These proposals must indicate the postal address of each site, its altitude and its localization on an extract of chart of the national geographical Institute. In the absence of answer within the time indicated, the candidature can be rejected.
The sites suggested are the object of an approval of the Superior council of the audio-visual one. They can be approved 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 the whole of the FM band or other tapes, in particular those which are used for the needs for the aerial navigation.
The sites of emission must, in all the cases, to be the object of a consultation near the National agency of the frequencies.
If no site could be approved within a period of three months as from the reception of the letter of notification of the selection, the Superior council of audio-visual can refuse the application. However, it can itself determine a site pursuant to article 25 of the law of September 30th, 1986. The absence of acceptance of this site by the candidate within a period of fifteen days involves the rejection of its request.
4. DEVELOPMENT OF CONVENTION
The Superior council of audio-visual examines with each candidate selected the particular clauses of the convention envisaged in article 28 of the law of September 30th, 1986, of which the general clauses appear in the model available on the website of the www.csa.fr council, file “the private radio stations hertzian them procedure of authorization”. Convention must be supplemented and returned to the council within a period of fifteen days as from the reception of the letter of notification of the selection.
The particular elements of convention relate in particular to the following points:
- duration and general characteristics of the program;
- the format of the program (public aimed, type of diffused, natural music of the nonmusical emissions);
- the proportion of the songs of French expression, the new talents and the new productions;
- the diffusion of educational and cultural programs and emissions intended to make known the various forms of artistic expression;
- the maximum time devoted to publicity and the sponsored emissions, as well as the methods of their insertion in the program.
In the absence of signature of convention within a period of eight weeks as from the notification of the decision of selection, the candidature can be rejected.
When the candidature was rejected under the conditions envisaged to the 3 or the 4 above, the Superior council of audio-visual carries out the selection of a new candidate under the conditions envisaged in the present chapter.
5. AUTHORIZATION OR REJECTION OF THE CANDIDATURES
In accordance with the provisions of article 29 of the law of September 30th, 1986, the Superior council of audio-visual grants the authorizations by appreciating the interest of each project for the public, taking into consideration priority requirement which are the safeguard of the pluralism of the sociocultural currents of expression, the diversification of the operators and the need for avoiding the dominant position abuses and the practices blocking the free exercise of competition.
He also takes account:
1° of the experience gained by the candidate in the activities of communication;
2° of the financing and the prospects for exploitation of the service, in particular according to the possibilities of advertising resource sharing between the companies of written press and the departments of communication audio-visual;
3° of the direct or indirect participations held by the candidate in the capital of one or more advertising agencies or the capital of one or more companies editors of press publications;
4° for the services whose programs comprise political and general data transmission, provisions planned to guarantee the pluralist character of the expression of the currents of thought and opinion, the honesty of information and its independence with regard to the economic interests of the shareholders, in particular when those are titular public contracts or public service delegations;
5° of the contribution to the production of programs carried out locally;
6° for the services whose musical programs constitute a significant proportion of the programming, provisions under consideration in favour of musical diversity to the glance, in particular, of the variety of works, the interpreters, the new programmed talents and their conditions of programming.
7° if it is the issue of a new permit after the previous authorization came to a end, of the respect of the principles mentioned with the third subparagraph of article 3-1.
The Superior council of audio-visual takes care, on the whole of the territory, that a sufficient share of the frequency resources is allotted to the services published by an association and achieving a mission of social communication of proximity, is heard like the fact of 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.
It also takes care of the right balance between the domestic networks of broadcasting, on the one hand, and the services local, regional and sets of themes independent, on the other hand.
It makes sure that the public profits from services whose programs contribute to political and general information.
In mountainous area, it is taken account of the geographical constraints to facilitate the attribution of Iso-frequencies and to allow the services radios to overcome these difficulties.
The Superior council of audio-visual delivers the authorizations which are published in the Official journal. It makes notify to the candidates not - authorized the rejection of their candidature, under the conditions envisaged in article 32 of the law of September 30th, 1986.
The authorization is given provided the exploitation of the service starts indeed within three month as from the date of coming into effect. If this condition is not satisfied, the Superior council of audio-visual can note the nullity of the authorization.
Article 2. - The present decision will be published in the Journal officiel de la République française .
Fact in Paris, on March 28th, 2018.
For the Superior council of the audio-visual one:
To download the models of candidates' files: