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Opinion of the SCUMS of June 14th, 2011 on the decree project relating to the assistance with diffusion DVB of the overseas local chains

Publication date: Wednesday, August 31, 2011


Opinion n° 2011-9 of June 14th, 2011 on a decree project relating to the assistance with the diffusion by terrestrial hertzian way in digital mode of the television services ultramarins in light with local vocation
  
 Seized by the Government, on May 17th, 2011, of a decree project relating to the assistance with the diffusion by terrestrial hertzian way in digital mode of the television services ultramarins in light with local vocation, the Superior council of audio-visual, joined together in plenary assembly on June 14th, 2011, gave a favorable opinion.
 
 Taken pursuant to article 173 of the law n° 2010-1657 of December 29th, 2010 of finances for 2011, which instituted financial aid, the decree project defines the methods of attribution of this one in the editors of television services to local vocation, authorized in digital mode pursuant to article 96 of the law of September 30th, 1986 relating to the freedom of communication, when their products of exploitation are lower than five million euros.
 
 The television services with local vocation of overseas which profit from a right of repossession except call to the candidatures, pursuant to article 96, are diffused either in the multiplexing Network OM 1, distributor of services within the meaning of article 30-2 of the law of 1986, to which the Council assigned the radioelectric resource necessary to the diffusion of the programs concerned near the public, or on a “simplex” when the editor of the service is the only holder of the right of use of the resource which was affected to him.
 
 The individual decreasing assistance of a maximum cumulated amount of 200,000 €, instituted by the law of 2010, makes it possible the local chains concerned to face the loads pulled by the passage to the digital whole over one three years transitional period. The Council notes with satisfaction that its suggestion, formulated within the framework of the Strategic committee for the digital one, to pour a significant quota as of the first year, is 90% of the expenses of diffusion in 2011, is taken into account by the decree project.
 
 However, the Council, anxious to ensure the safeguard of pluralism in the mediums, wish that the local chains Zouk TV (Martinique) and Flash TV (Guadeloupe), of which the right of repossession except call to the candidatures was differed, for lack of place on the ROMANIAN multiplexing 1, and who could not be, so diffused in digital mode that starting from December 2011, can also profit from the provisions of the decree. Admittedly, these two chains will not have to practically support the expenses of diffusion inherent in a double diffusion, in modes analogical and digital, but the requirements of safeguard of pluralism and the safeguarding of the plurality of the formats, principles affirmed by the law of September 30th, 1986, justify the benefit of a financial aid, adapted to their situation.
 
 These services, authorized on a “simplex”, are the only holders of the right of use of the resource which was allocated to them and are thus not governed by the provisions of article 30-2 of the law of September 30th, 1986. In order to allow these services, holders of a right of repossession differed, who do not enter the field of application of the decree project, to assume their costs of diffusion per terrestrial hertzian way in digital mode, the Council proposes that it is granted to them to each one a decreasing help whose maximum cumulated amount could rise with 100,000 euros over two years. This help would thus cover 90% of the costs of diffusion, within the limit of 60,000 euros in 2012, and 70% of the costs of diffusion, within the limit of 40,000 euros, in 2013.
 
 These opinion will be published in the Journal officiel de la République française .
 
 Fact in Paris, on June 14th, 2011.
  
 For the Superior council of the audio-visual one:
 The president,
 Mr. Boyon
 

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