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Deliberation of January 15th, 2013 relating to the fixing of rules of radioelectric resource sharing of the terrestrial digital radio bandages III of them

Publication date: Monday, February 4, 2013


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 22.25 and 30-2;
Considering the decree of January 8th, 2008 relating to the terrestrial hertzian digital radio fixing the characteristics of the emitted signals;
Considering that the Superior council of audio-visual, in charge of management and control with the use of the spectrum under the terms of article 22 of the law of September 30th, 1986, must as well as possible organize the management of this resource and take care of a rational exploitation of the frequencies available for development of the terrestrial digital radio; that, according to article 25 of the same law, the use of the radioelectric resource for the audio-visual diffusion of departments of communication per terrestrial hertzian way is subordinated to the respect of the technical requirements defined by the Superior council of audio-visual concerning, in particular, multiplexing and characteristics of the equipment used;
Considering that the methods of radioelectric resource sharing must be defined in order to allow the optimal assignment of the capacities; that these methods must take account of the standard of compression and diffusion used;
Considering that the council proceeded to a first call for candidate for services of terrestrial digital radio by a decision of March 26th, 2008, modified by the decisions n° 2008-802 of September 4th, 2008, n° 2009-359 of May 26th, 2009, n° 2009-837 of October 20th, 2009 and n° 2012-234 of April 12th, 2012; that it belongs to him to fix the quantity of essential resource at the diffusion of a service of radio;
After having deliberated on it,
Decide:
Article 1

The share of the radioelectric resource allotted to each service of radio is given according to the following methods:
104 thousandth for each service of radio operator authorized to diffuse according to standard T-DMB.
The authorizations delivered with the editors specify the standard used for the diffusion of the services and refer to this deliberation.
Article 2

In order to facilitate the implementation of sound codings differentiated or particular associated data, the authorizations of the editors envisage the possibility for each service of exchanging by contract, with one or more services present within the same multiplexing, part of the resource which is allotted to him. These contractual agreements will have to be concluded under equitable, reasonable and nondiscriminatory conditions, in accordance with the provisions of article 30-2 of the law of the modified September 30th, 1986.
Article 3

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

Fact in Paris, on January 15th, 2013.

For the Superior council of the audio-visual one:

The president,

Mr. Boyon

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