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Decision n° 2017-845 of November 15th, 2017 relative to a call to the candidatures for the edition of a television service for local vocation diffused in light by terrestrial hertzian way and high definition in the zone of Castle-Arnoux

Publication date: Friday, November 24, 2017
Plenary assembly of November 15th, 2017
Official journal of November 28th, 2017, decision n°2017-845

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 and 30-1;

Considering the decree of the terrestrial hertzian modified December 24th, 2001 relative on television digital fixing the characteristics of the emitted signals;

After having deliberated on it, 

Decide: 

Article 1st. – It is proceeded to a call to the candidatures for the use of a radioelectric resource for the diffusion in light, by terrestrial hertzian way, of a television service with local, full-time vocation and in high definition.
The geographical zone concerned with the call to the candidatures is defined in appendix 1.

 I. Presentation of the call to the candidatures

I.1. Radioelectric resources and geographical zone put in call

I.1.1. Description of the radioelectric resource put in call
Appendix 1 of this decision establishes the zones of emission, as well as the frequencies to be used for the diffusion of a television service in high definition with full-time local vocation. It specifies the technical requirements of use of the frequencies.

I.1.2. Technical requirements of use of the resource
The radioelectric resource put in call is exploited in accordance with the features of use defined by the Superior council of audio-visual in appendix 1 of this decision.

I.2. Features of the emitted signals

The features of the diffused signals must be in conformity with the provisions of the decree of the modified December 24th, 2001.
In particular, the services are diffused in standard DVB-T on the basis of encoding of the components according to standard MPEG-4.
The signals must also be in conformity with the headed document “Profile of indication for the diffusion of the services of the metropolitan and overseas ground digital television” whose electronic version is available on the website of the Council (www.csa.fr).
The video component understands a number of lines equal or higher than 1080.

I.3. Categories of services being the object of this call

This call relates to the edition of a television service to local vocation, in light, diffused by terrestrial, full-time hertzian way and in high definition.

I.3.1. Definition of a television service 
According to article 2 of the law of September 30th, 1986, is regarded as television service: “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 images and the sounds. » 
A television service can, pursuant to the provisions of article 30-1 of the same law, being accompanied by associated data intended to enrich and supplement the television program.

I.3.2. Definition of a television service with local vocation
According to article 30-1 of the law of September 30th, 1986, with local vocation any service is whose geographical zone is equivalent to part of the metropolitan territory.

I.4. Legal people likely to be candidates 

I.4.1. Rules applicable to the calls to the candidatures
Can answer the call to the candidatures, in accordance with article 30-1 of the law of September 30th, 1986:

  • marketing companies, including the mixed-ownership companies local;
  • cooperative societies of collective interest;
  • public corporations of cultural cooperation;
  • the associations declared according to the law of July 1st, 1901 relating to the contract of association;
  • associations with nonlucrative goal controls by the local law in the departments of the Low-Rhine, Haut-Rhin and the Moselle. 

I.4.2. Rules relating to the nationality and the concentration of the media
For the application of the device anti-concentration and in accordance with the 5° of article 41-3 of the law referred to above, a television service which serves a geographical zone whose listed population is higher than 10 million inhabitants is regarded as a service in national matter.

The editor must comply with the rules relating to the nationality and the concentration of the media such as they are fixed at articles 39 and 40, for the companies, and 41 and 41-1-1, for the companies and associations, of the law of September 30th, 1986.

I.5. Characteristics of the local programming 

I.5.1. Candidature presented by an editor of a television service with local vocation profiting already from an authorization
The convention of an editor already authorized to diffuse a television service with local vocation will be modified by way of endorsement in order to introduce there the commitments outstanding by the editor relative to the new zone of service within the framework of this call to the candidatures. 

I.5.2. Candidature presented for a new service

The candidature must respect the general characteristics of program following: 
a. The editor devotes at least a daily, new hour and in first diffusion, with programs of information treating only his zone of diffusion per terrestrial hertzian way while taking care of a balanced distribution of the volume of information disseminated between the various sectors of this zone. The local programs in first diffusion are diffused in real high definition;
B. This hour comprises tv news a one minimum duration old 5 minutes devoted to the news of the zone of Castle-Arnoux. It is programmed in first diffusion by 30 minute old time slot exclusively in a 2 hour old time slot to define by the candidate.
c. This daily hour is supplemented by one overtime of local or regional programming only devoted to subjects anchored in the social life, economic, cultural and environmental of the geographical zone in which the service is authorized, of its department, the departments bordering and the administrative area to which it belongs.
D. The editor preserves the whole leading control of the emissions which it diffuses.
E. The identification of the service diffused on the radioelectric resource object of this call must be permanent with the screen.

I.6. Characteristics of the programming in real high definition 

I.6.1. Definition of the programs in real high definition
Programs in real high definition are qualified: 
- those whose images profited, of collecting to the diffusion, a high definition resolution at least equal to that of the diffusion;
- those which mainly are carried out, produced and post-products in real high definition and which minoritairement comprise elements carried out, products and post-products into standard definition, converted in high definition;
- among works having profited from an analogical collecting on a silver film of sufficient size, those whose loan-with-to diffuse it “editor” is in high definition. 
The programs having been the object of one conversion to the high definition by later digital processing (“upscaling”) are not regarded as programs in real high definition. 

I.6.2. Must carries in real high definition

I.6.2.1. General obligation
Eight hours of programs must, each day, being diffused completely in real high definition between 11:00 and midnight. 

I.6.2.2. Possibilities of exemptions
However, the editor can diffuse distribution programmes standard, since it acts:
• works of heritage, i.e.:
 - the audio-visual works diffused at least twenty years after their first exploitation by a television service;

 - the cinematographic works diffused at least thirty years after their exit into the room in France;
• repeat broadcasts, i.e. any diffusion of a program in standard definition which has already been the object of a diffusion on a concerning television service the competence of a Member State of the European Union;
• archives, i.e. images, in particular extracts of programs, whose first diffusion took place more than one year before a new use within the framework of a program in high definition. 

I.7. Possible ways of financing

The financing of the service can be assured by advertising revenues, receipts resulting from sponsorship and armchair shopping (decree n° 92-280 of March 27th, 1992), or any other receipt of commercial nature, and by government aid, in the compliance with the applicable European rules.
The candidate will have to make sure that the government aid is in conformity with the right of the European Union relating to the State aid. The editor transmits to the Council, if necessary, the documents which attest this conformity.

II. General methods of the procedure of authorization

II.1. Candidates' files

II.1.1. Deposit
The candidates' files must be given, in six specimens of which under digital form (key USB), with the Superior council of audio-visual, Direction of the televisual media, Mirabeau Turn, 39 – 43 quai André-Citroën, 75739 Paris cedex 15, before on Thursday, January 4, 2018 at 17:00, hardly of inadmissibility. 
The files can be also addressed to the Council by post way at the latest on Thursday, January 4, 2018, the postmark being taken, by registered mail with notice of following receipt at the address: 

SUPERIOR COUNCIL OF THE AUDIO-VISUAL ONE
Direction of the televisual media
Call to candidatures DVB – Zone of Castle-Arnoux
39 – 43 quai André Citroën 75 739 Paris Cedex 15

The files must be paginated, connected and written in French language.

II.1.2. Desistance 
After the deposit of his file, a candidate wishing to withdraw his candidature must inform of it the Council without delay by mail recommended with notice of receipt. Its candidature is immediately isolated.
If desistance is notified after the delivery of the authorizations, the resource planned for the service which is the object of desistance can be allotted only after one new call to the candidatures.

II.1.3. Contents of the candidates' file
Two models of candidates' files are presented in appendices 2 and 3, for the extension of an existing service, the other for the candidature of a new actor. 
After the deadline of deposit of the files, if the Council considers that a modification made to a candidature is substantial, the candidature will be looked like news and, consequently, will be declared inadmissible.

II.2. Conditions of admissibility of the candidatures

The candidatures are admissible which respect the totality of the following conditions imperatively:
1. Deposit of the files under the deadlines and conditions fixed at the II.1.1;
2. Project corresponding to the object of the call;
3. 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 all the legal people candidates: up to date, dated and signed statutes;
- for an association having been the object of a publication to the Official journal: copy of the publication;
- for an association not having been yet the object of a publication to the Official journal: copy of the request for publication or, failing this, of the receipt of declaration or the certificate of the 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;
- for a company not yet registered with this register, banking certificate of the existence of 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 Council draws up the list of the admissible candidates.

II.3. Public hearing

The Council hears in public hearing the candidates declared admissible.

II.4. Selection

At the conclusion of the instruction of the candidates' files, the Council proceeds, as preparatory measurement, a selection among the candidates, according to the criteria appearing in paragraph II.7.
The name of the selected candidate is the object of a publication on the website of the Council (www.csa.fr). 

II.5. Development of convention

The Council defines with the candidate selected the stipulations of convention envisaged in article 28 of the law of September 30th, 1986. 

II.6. Authorization or rejection of the candidatures

After the conclusion of a convention with the selected candidate, the Council delivers to him an authorization of use of the radioelectric resource.
The decision of authorization is published in the Journal officiel de la République française with the obligations of which it is matched.
The authorization is inalienable. It is granted for one ten years maximum duration and can be taken back except call to the candidatures, only once, for one five years maximum duration, under the conditions envisaged in article 28-1 of the law of September 30th, 1986.
The refusal are justified and notified to the candidates concerned.

II.7. Selection criteria

The Superior council of audio-visual delivers the authorizations of use of the radioelectric resource, at the end of a compared examination of the candidates' files. The precision of the furnished information by the candidates constitutes an element likely to light the Council in the instruction of the files.
The criteria taken into account by the Council for the attribution of the authorizations are defined in articles 29.30 and 30-1 of the law of September 30th, 1986 and are pointed out hereafter.
Extracts of article 29 (subparagraphs 6 to 14):
“The Council grants the authorizations by appreciating the interest of each project for the public, with the glance as of priority requirements 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 as well as 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 participations, direct or indirect, 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 in order 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. “
Extracts of article 30 (subparagraphs 4 and 5):
“The Council grants the authorization by appreciating the interest of each project for the public taking into consideration priority requirement mentioned with the sixth subparagraph of article 29. He also keeps account of the criteria appearing in the 1° with 5° and 7° of article 29. ”
Extracts of III of article 30-1:
“[The Council] grants the authorizations of use of the radioelectric resource by appreciating the interest of each project for the public to the glance as of priority requirements which are the safeguard of the pluralism of the sociocultural currents of expression, the diversity of the operators and the need for avoiding the dominant position abuses as well as the practices blocking the free exercise of competition and the criteria mentioned in articles 29 and 30 as well as commitments of the candidate as regards cover of the territory, production and diffusion of French and European works audio-visual and cinematographic. He also takes account of the coherence of the proposals formulated by the candidates as regards technical and commercial regrouping with other services and as regards choice of the distributors of services, as well as need for offering services answering waitings of a large audience and likely to encourage a fast development of the ground digital television.
As far as their economic and financial viability, in particular in comparison with the advertising resource, it supports the services not calling on a remuneration on behalf of the users and contributing to the diversity of the operators like reinforcing the pluralism of information, all confused media.
It takes care moreover to support the services with local vocation, in particular those consistent in the resumption of the officially agreed local services in accordance with article 33-1.
For the granting of the authorizations to the editors of television services in high definition, it authorizes in priority the services which are received in the same geographical zone already authorized by terrestrial hertzian way in digital mode. He takes account of the commitments in volume and kind taken by the candidate production diffusion in high definition of programs, in particular of audio-visual and cinematographic works European and French original expression, as of the offer of programs whose formats are adapted to the most capable high definition and to encourage the reception of services in high definition by the greatest number. »

II.8. Beginning of the emissions

The titular editor of service of an authorization is held to ensure the effective beginning of the emissions, under the times and the conditions fixed by his authorization. Failing this, the Council 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, For the Superior council of the audio-visual one:

The president,
O. SCHRAMECK