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Radios diffused by other networks

The legal framework of the radios not using the frequencies assigned by the CSA

Radios diffused by other networks

The mode applicable to the services of television and radio which wish to be diffused or distributed by a network not using the frequencies assigned by CSA (cable, satellite, ADSL, Internet, telephony, etc) is defined by article 33-1 of the law of September 30th, 1986 relating to the freedom of the communication.

It provides that these services are subjected to the mode of the conventionality by the Council or, by way of derogation, of the declaration near him.

The services of radio whose annual budget is lower than 75,000 € are exempted of convention and are subjected to the declaratory mode. The declaratory mode, and thus the absence of signature of a convention, do not exonerate the services of radio operator respect of the law of the modified September 30th, 1986.

Moreover the conventionality is not necessary if the service consists of the integral and simultaneous recovery:

  • of a chain or a public radio,
  • of a chain or a radio operator recipient of a hertzian authorization, except if the recovery causes to make pass the population of the zone served by a television service local to more than 10 million inhabitants.

The services on Intranet or the services temporary are also concerned with the procedure of declaration or conventionality.

 

Obligations of the officially agreed and declared services

Officially agreed services

The Council studies the request files of conventionality taking into consideration the provisions of the decree n°2010-416 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 frequencies assigned by the Superior council of the audio-visual one.

As regards provisions applicable to the editors of services of sound broadcasting, the Council concludes a convention while fixing:

  • its duration within the ten years limit,
  • the proportion of musical works of expression French or interpreted in a regional language of use in France for the editors of service whose share of the programs devoted to the music of variety represents more than 50% within a time which cannot exceed five years as from the conclusion of the first convention. As for the radios diffused by hertzian way, the applicable quotas are of 40% of songs of French expression, and at least 20% coming from new talents or new productions.

On a purely derogatory basis, different quotas can apply to radios of specific formats. For the radios specialized in the development of the musical heritage, these quotas are established to 60% of French-speaking titles with a percentage of new productions which can go up to 10% of the total. For the radios specialized in the promotion of young talents, they are established to 35% of French-speaking titles with at least 25% of the total coming from new talents.

Declared services

As regards provisions applicable to the editors of services of sound broadcasting, the Council established a receipt of declaration. If the proportion of musical works of expression French or interpreted in a regional language of use in France for the editors of service whose share of the programs devoted to the music of variety represents more than 50%, the applicable quotas are of 30% of songs of French expression.

If the service, officially agreed or declared, proposes several simultaneous radio programs then the proportions can be calculated overall on the whole of the programs which devote more than 50% of their total time of diffusion to the music of variety.