The Superior council of the audio-visual one,
Considering the law of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 4 and 17-1;
Considering the decree n° 2001-492 of June 6th, 2001 taken for the application of chapter II of title II of the law n° 2000-321 of April 12th, 2000 and relating to the acknowledgement of delivery of the requests presented to the administrative authorities;
Considering the decree n° 2006-1084 of August 29th, 2006 taken for the application of article 17-1 of the law n° 86-1067 of September 30th, 1986 and relating to the procedure of regulation of disagreements by the Superior council of the audio-visual one;
Considering the decree n° 2014-382 of March 28th, 2014 relating to the organization and the operation of the Superior council of the audio-visual one;
After having deliberated on it,
TITLE Ier : INNER WORKING OF THE COUNCIL
The council meets in theory at least once per week on convocation of its president.
The council is also convened by the president at the request of with less the three advisors. This request is addressed to the president of the Council and must be accompanied by a proposal for an agenda.
The agenda of the meetings of the council is stopped by the president on a proposal from the chief executive officer. Each advisor can request the registration of one or more questions from the agenda. It informs the president or the chief executive officer of it in good time. As far as possible, it communicates for this purpose with the secretariat of the college the data elements necessary to the deliberation. Except emergency case, the agenda is transmitted to the advisors at least four days before the meeting. It can comprise a topic “questions various”. The files of the meeting, which contain in particular the projects of deliberation, are prepared under the responsibility of the chief executive officer. Except emergency case, they are transmitted to the forty-eight advisors hours at least before the meeting.
The files subjected to the deliberation of the council, as far as possible, are examined beforehand in working group. They are reported to the Council by the president of the working group or his substitute. The secretariat of the college holds the calendar of work of these groups. The chief executive officer can report files to the council when the latter treat relative questions with its organization or its inner working.
The Council can deliberate only so at least six advisors are present. As from the expiry of the mandate of the member designated by the President of the Republic in 2011, the Council can deliberate only so at least four advisors are present. The deliberations of the council are adopted in the majority of the advisors present; in the event of equal division of the voices, that of the president is dominating.
The secret ballot is of right at the request of an advisor. In the event of equal division of the voices, a second vote is organized. In the event of new equal division of the voices at the conclusion of this second vote, the vote of the president is made public and its voice is dominating.
The chief executive officer attends the deliberations of the Council. Collaborators of the council or people external with this one can attend its deliberations with the authorization of the president, except if the majority of the attending members asks for the door - closed. They are then held with the secrecy of the deliberations.
The Council can carry out hearings.
The president signs the acts and correspondences deliberated by the Council.
The advisors are held informed daily arrivals and weekly departures of the mail. They can have access to any mail.
The Council is informed of the missions of each advisor and those of the members of the services.
TITLE II: FORMALITIES RELATING TO THE DELIBERATIONS
The official reports of the meetings are establish by the secretariat of the college, under the responsibility of the chief executive officer. Must appear in it:
- names of the advisors present;
- tackled questions;
- the interventions whose advisors ask that they appear in the official report;
- the summary of the decisions.
The official reports, as far as possible, are adopted at the beginning of the meeting which follows that to which they are referred.
A specimen of the approved official report, signed by the president or, in the event of prevention of this last, by the member whom has taken the presidency of the meeting, is preserved at the secretariat of the college.
The deliberations of the Council which are the object of a publication to the Official journal are recorded in the shape of a special electronic file.
For the application of articles 2,3,8 and 12, the secretariat of the college is charged, under the responsibility for the chief executive officer, the preparation of the agendas, the convocations, working of the files of the meetings, of hearings in link with the services concerned, of the drafting and the diffusion of the official reports, as well as theirs conservation.
The president presents each year to the council the assessment of the implementation of the budget of the previous year. The Council deliberates on it on this occasion. In the course of exercise, the advisors are informed, with their request, of the state of consumption of the administrative expenditure.
Press releases are adopted by the Council. However, when the urgency justifies it, they can be adopted by the president, assisted of the president of the working group concerned.
TITLE III: RULES RELATING TO THE DECISIONS TAKEN PURSUANT TO ARTICLE 17-1 OF THE LAW OF SEPTEMBER 30TH, 1986
When one of the people aimed to article 17-1 of the law of September 30th, 1986 approaches of a disagreement the Superior council concerning the audio-visual one, the annexed sasine and parts are addressed to the council in as many specimens as of parts concerned more fifteen specimens:
- maybe by registered letter with notice of receipt which causes the delivery, by the Superior council of audio-visual, of an acknowledgement of delivery;
- maybe by deposit with the seat of the council against delivery of a receipt.
If sasine does not satisfy the conditions fixed at the article 1st with the decree of August 29th, 2006 referred to above, the council into formless the author while requiring of him to supplement it and by indicating the time to him of which it has for the transmission the missing parts. Any sasine is marked of a stamp indicating its date of arrival. The parts addressed to the council in the course of instruction are also marked of a stamp indicating their date of arrival.
In accordance with article 2 of the decree of August 29th, 2006 referred to above, if the request is sullied with a manifest inadmissibility, the Council into formless the applicant, after having put it able to present its observations.
The Council addresses to or the parts mentioned in sasine, the respect of the secrecies protected by the law, a copy of the act of sasine and parts annexed to the act of sasine.
In order to allow the respect of the time enacted the second subparagraph of article 17-1 of the law of September 30th, 1986 and that of the principle of contradictory, to reception of complete sasine, the chief executive officer can invite the parts with a meeting with the seat of the council to determine, by mutual agreement, an estimated calendar scheduling the dates of production of the observations.
The parts transmit their observations and parts to the Council in as many specimens as of parts concerned more fifteen specimens. The observations and parts transmitted by telefax or e-mail must be authenticated by the later production of the documents duly signed in the number of specimens mentioned above. This production must be carried out within the time allowed at the parts to produce their observations.
As of reception of the observations and parts, the council addresses these documents to the other or the other parts, in the respect of the secrecies protected by the law, registered letter or any other means allowing to attest the date of reception, in their pointing out the date before which they must transmit to the council their annexed observations and parts with the support of their counterpart.
All the notifications are made in the residence or instead of establishment of the parts, as mentioned in the act of sasine.
The parts must indicate to the council, by registered letter with notice of receipt, the address to which they wish to obtain the notification of the acts, if this address is different from that which is mentioned in the act of sasine.
When the instruction reveals that a person who was not mentioned in sasine left to the litigation, the chief executive officer addresses to him the whole of the parts of the file and into formless the other parts.
When the number, the volume or the characteristics of the produced parts prevent the production of copies, the chief executive officer can authorize the parts to produce them only in one specimen. The other parts can then become acquainted with the seat of the council of it and take copy with their expenses of it.
When they are requested, the opinions of the Regulatory authority of the electronic communications and the stations, the Authority of the competition and the observations of the interested thirds are notified with the parts under the conditions envisaged in article 23.
Except urgency, the file of instruction is transmitted to the council at the latest three clear days before the meeting of examination of the disagreement. The Council can hear during this meeting any person whose hearing appears useful to him. It informs of them beforehand the parts. The parts, which can be made represent or assist, answer the questions of the members of the council and present their oral observations. They must be put capable to take the floor in the last, the last word returning to the part put in question.
The decisions taken by the Council are notified with the parts by registered letter with notice of receipt or any other means making it possible to attest the date of reception. This notification mentions the time of recourse in front of the Council of State. The decisions are published or mentioned in the Journal officiel de la République française, subject to the secrecies protected by the law.
The deliberation of February 12th, 2008 relating to the rules of procedure of the Superior council of audio-visual is repealed. The present deliberation will be published in the Journal officiel de la République française.
Fact in Paris, on April 9th, 2014.