Translation with SYSTRAN Links


Which is the procedure to be followed to obtain an authorization for a radio which will diffuse by hertzian way?

The procedure of authorization of the permanent private radios in frequency modulation comprises several stages:
 - the CSA publishes a call to candidatures which specifies the geographical areas, the frequencies being able to be allotted and the categories of radios concerned (the definition of five categories for the private radios aims at guaranteeing the diversity and the balance of the radiophonic landscape in each area);
 - at the end of this call, it stops the list of the admissible candidates then carries out their selection;
 - after having signed a convention with each operator, it delivers the authorizations of diffusion for one five years maximum duration. These authorizations can be taken back except call to the candidatures within the limit of twice and for one duration five years each time.
An operator can, in certain conditions, to request from the CSA a change of the holder of the authorization and category without resorting to the procedure of appeal to candidatures. The CSA defined the methods of them on July 29th, 2004.

Consult the topic on the FM radios. 

How to create a webradio?

RadioMeuh, Dauphine One Air, RFM Innovation, Heard FM 2, Arte Radio… Associative, commercial or public, the webradios have existed for almost twenty years. But what does one call webradio precisely and how to create one of them?

A webradio is a radio diffused on Internet in streaming, proceeded technical of reading uninterrupted which allows the listening or the visualization of a file as temporary download of the data the component.

The first webradio diffused was called Radio operator HK and was created in 1995. It used the technology of the multicast which makes it possible to transmit the same information with several recipients. However, the process was summary: CD turning in loop constituted the single programming.

Currently, the techniques evolved and the webradios multiplied, offering varied programming. These stations attract from now on until several tens of thousands of listeners according to the popularity of the site, of the presenters, the regularity of the emissions and the capacity of the waiters. Contrary to the radios diffused by hertzian way which have only one number of frequencies limited, the webradios have access to an abundant resource. In addition, their diffusion does not know a border thanks to the generalization of the telecommunication networks during this last decade.

Article 2 of the law of the modified September 30th, 1986 relating to the freedom of the communication defines a service of radio like “any department of communication in 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”. Today, everyone can create its webradio, on condition that having a connection Internet of the type ADSL and the software requirements.

208 webradios listed by the CSA

The mode which is applicable for them is defined by article 33-1 of the law of September 30th, 1986. It provides that these services are subjected to the mode of the conventionality by the Council or, by way of derogation, with that of the declaration.

Those whose budget is lower than 75,000 € must be declared at the CSA. For the others, the Council concludes a convention for one duration from ten years. He studies the request files of conventionality to the glance as of provisions of the decree of April 27th, 2010 relating to the cinematographic and audio-visual contribution of the editors of television services and to the editors of services of radio operator distributed by the networks not using the frequencies which he assigns. The conventionality is not however necessary if the webradio is made up by the integral and simultaneous resumption of the programming of radio per hertzian way.

At the end of 2015.197 radios were declared at the CSA and 11 were the object of one conventionnement.

Lastly, in France, any creator of webradio must discharge a right near the Company of the authors and composers of music (SACEM) or other companies of having right. 


Consult the topic on the radios diffused by other networks that the hertzian way. 

Which is the procedure to be followed to obtain temporary a FM frequency?

The CSA can grant authorizations for temporary radios at companies, associations or organizations which make the request of it, at the time of demonstrations or of exceptional events related to the local life: cultural, sporting event or realization of teaching experiments in school. The maximum duration of the authorization is nine months.

The temporary request for authorization must be made near the territorial committee of audio-visual (CTA) in the spring of which the zone of diffusion is. The CTA communicates a file to be supplemented with the operators who make of it the request by telephone or mail.

Obtaining the authorization is related to the conclusion of a convention between the CTA and the operator. The authorization is published in the Official journal.

At the end of the period of diffusion, the operator must present to the CTA a report on the activity of his radio.

All the requests for temporary authorization are not inevitably satisfied, for various reasons among which the absence of frequency in the zone requested, the fact that the request emanates from an operator candidate within the framework of a call to the candidatures in progress on the zone, that it does not correspond to a temporary project for an extraordinary event but raises of a call to the candidatures or that it can cause to puncture the advertising market at a given time (commercial event, tourist period…), at the expense of already authorized radios.

Consult the topic on the temporary radios.

With which conditions a radio can it change category?

Article 42-3 of the law of the modified September 30th, 1986, in its version resulting from the law n° 2004-669 of July 9th, 2004 relating to the electronic communications and the services of audio-visual communication, lays down the possibility for the CSA of authorizing changes of holder of authorization for the diffusion of services of radio operator accompanied, if necessary, of a change of category, without resorting to the procedure of appeal to candidatures. The legislator decided to frame this possibility in order not to destabilize the radiophonic landscape. Thus, the changes of holder and category who are derogatory with the call for candidate must remain exceptional.
In particular, the Council can give an approval only after having checked that the operation considered is compatible with “the safeguarding of in particular local advertising market market equilibrium” and to be itself assured the respect of the criteria of article 29 of the law of September 30th, 1986 (saves pluralism of the currents of expression sociocultural, diversification of the operators, need for avoiding the dominant position abuses as well as the practices blocking the free exercise of competition, etc). In addition, the changes of holder and category except call for candidate are not opened with the associative services achieving a mission of social communication of proximity, nor with the local, regional services and sets of themes independent.
For the instruction of the changes of category, the Council esteem necessary to have an overall vision of the projects which the interested operators would be likely to address to him and which it will examine after having collected the opinion of the territorial committees of the audio-visual one.

Consult the topic devoted to the possibilities of modification of the radios in the course of authorization.