5th PART: DIFFUSION AND DISTRIBUTION OF THE SERVICE
ON PERSONAL MOBILE TELEVISION
Article 5-1: rules of use of the resource
The editor cannot, except specific authorization, to use the frequency resources which are allotted to him for a use other than that envisaged in present convention.
The characteristics of the signals diffused by the editor are in conformity with the decree of the relative September 24th, 2007 on television mobile personal diffused in digital mode by terrestrial hertzian way or satellite way in band S and fixing the characteristics of the emitted signals. They are also in conformity with the document establishing “the services and the profile of indication for the diffusion of personal mobile television” elaborate within the technical commission of the experts of digital joined together under the aegis of Superior council of the audio-visual one. This document and the modifications which are made to him are approved by the Council, after examination by the technical commission of the experts of digital, and are published on its website.
In order to allow the Council to enforce the provisions of the eighth subparagraph of article 25 of the law of September 30th, 1986, for the services requiring the use of an engine of interactivity, the editor informs it of the system that itself and, if necessary, its or its distributors wish to use. The specifications or the references to recognized standards are transmitted to the Council, which is also informed of the evolutions of the engine of interactivity or the changes of this engine.
The editor informs the Council of the system of access under conditions that itself and, if necessary, its or its distributors propose to use. In same time, the editor transmits the specifications or the references to recognized standards. Evolutions of the system of access under conditions, or the changes of this system, are the object of information of the Council.
The editor indicates, on request of the Council, the measurements installation to respect the provisions of article 95 of the law of September 30th, 1986.
Article 5-2: territorial cover
The editor makes ensure the diffusion of his service on personal mobile television on all the zones for which it profits from an authorization of use of frequency resource and percentage of necessary minimal population on the zone by the Superior council of the audio-visual one. This percentage is defined after consultation of the editors of services present on the multiplexing.
The calendar and the methods of deployment of the network of diffusion will be defined by the Council, after consultation of the editors of services present on the multiplexing.
In any event, the editor commits himself covering at least the following percentages of the French population, with a quality of reception in the “first part”, that is to say a cover inside the buildings with six meters of the windows:
- 30% of the French population, over the metropolitan territory, three years after the beginning of the emissions of personal mobile television;
- 60% of the French population, over the metropolitan territory, six years after the beginning of the emissions of personal mobile television.
The commitment of cover of 60% will be the object of an examination by the Council three years, then five years and half after the beginning of the emissions of personal mobile television. For this examination, he will be taken account of the evolution of the technical and economic context of the latter.
The methods of calculation of the covered population, as well as the list of the zones to be covered, will be defined by the Council, after consultation of the editors of services present on the multiplexing.
Article 5-3: financing of a study of cover and quality of reception
The editor commits himself taking part, on behalf of the Superior council of audio-visual, an annual study concerning the cover and the quality of reception of the personal mobile television, whose financing will be ensured in its totality by the whole of the users of the band-width of the multiplexing. This survey will be conducted according to methods which will be later on defined by the Council, after consultation of the whole of the users of the band-width of the multiplexing.
Article 5-4: financing of the refittings
The editor commits himself making realize, on decision of the Superior council of audio-visual, all the refittings of sites necessary for the deployment of personal mobile television. The financing will be ensured in its totality by the E nsemble of the users of the band-width of the multiplexing.
The editor commits himself implementing the technical solutions necessary for the protection of the existing services and the warranty of the quality of reception of the service. In particular, in the case of the analogical services, the editor commits himself making digitize the hearths scrambled, after consultation of the editors of the services diffused into analogical and of those which are present on the multiplexing of personal mobile television. Financing of all these solutions, whose digitalization of the hearths, will be ensured in its totality by the whole of the users of the band-width of the multiplexing.
Article 5-5: conventions concluded with the operator from multiplexing
The editor communicates to the Superior council of has udiovisuel, on a purely confidential basis, the conventions concluded with the company in charge to make ensure the technical operations necessary for the transmission and the diffusion of the service near the public.
These conventions must take into account the procedure of planning per allotment which is specified with appendix 2 of the call to the candidatures and which is quoted in appendix to the present convention.
Article 5-6: guide electronic services
The editor puts at the disposal of the operator of multiplexing, or any other technical operator responsible for the constitution of the electronic guide of services, the relative information with the programming of his service, according to the methods (contained and formats) to define by mutual agreement between the parts.
Article 5-7: child protection and of has dolescence
The relative tendencies with child protection appear in the recommendation n° 2005-5 of June 7th, 2005 and in any subsequent recommendation which will take the Superior council of audio-visual pursuant to article 15 of the law of the modified September 30th, 1986.
6th PART: FINAL STIPULATIONS
Article 6-1: modification
No stipulation of this convention can prevent so that the legislative measures and lawful which will be able to intervene, subsequently to the signature of this convention, are applicable to the editor.
Any legislative or lawful modification applicable to the service will cause a revision of convention, as a need.
Present convention could be modified by mutual agreement between the editor and the Superior council of audio-visual in particular if, at the end of the rise in charge of his contribution in the production of cinematographic works, the editor wishes to modify his commitments as regards diffusion of these works.
Procedure of planning per allotment
(envisaged in article 25 of the law of September 30th, 1986)
For the opening of a zone, the operator of multiplexing proposed by the profit editors of services of authorizations of use of the radioelectric resource will have to subject to the agreement of the Superior council of audio-visual list of sites allowing to ensure the objective of cover of the zone concerned.
It will have to also provide technical elements making it possible to justify its proposal, comprising in particular:
- terms of dissemination of the various sites;
- channels of replacement for each refitting suggested and the whole of the studies and measurements allowing to make sure of the validity of the solution;
- a report on the protection of the not refitted sites.
On the basis of this technical information, the Council will examine the proposals of the operator in particular in comparison with the quality of the studies, of the feasibility of the suggested solution, I ntérêt of the refittings for the development of personal mobile television, of the proposals made as regards protection of the existing services and the respect of the obligations specified by the Council in terms of minimal cover. If necessary, he will make the corresponding decisions of refitting.
In the event of nonvalidation of the proposal, the operator of multiplexing will have to provide a replacement solution to the Council.