Translation with SYSTRAN Links

Decree of August 25th, 2011 relating to the assistance with diffusion DVB of the overseas local chains

Publication date: Wednesday, August 31, 2011


Decree n° 2011-1007 of August 25th, 2011 relating to the assistance with the diffusion by terrestrial hertzian way in digital mode of the television services ultramarins in light with local vocation
  

Public concerned : overseas local chains; televiewers of the communities of overseas.
 Subject : implementation of a help to the diffusion in digital mode of the local chains of overseas.
 Coming into effect : the text between in force the shortly after its publication.
 Note : this decree specifies the methods of calculation and the allotment procedure of the decreasing assistance instituted with the profit of the editors of terrestrial television in light with local vocation in overseas, when their product of exploitation is lower than five million euros net of tax.
 References : this decree is taken for the application of article 173 of the law of the above mentioned December 29th, 2010.
  
 The Prime Minister,
 On the report of the Home Secretary, overseas, territorial collectivities and immigration and of the Minister for the culture and communication,
 Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 42-1, 42-3, 96 and 108;
 Considering the law n° 2000-321 of the modified April 12th, 2000 relating to the civil rights in their relationships to the administrations, in particular its articles 10 and 21;
 Considering the law n° 2010-1657 of December 29th, 2010 of finances for 2011, in particular its article 173;
 Considering the decree n° 97-1206 of December 19th, 1997 taken for the application to the whole of the Ministers for the 1° of article 2 of the decree n° 97-34 of January 15th, 1997 relating to the devolution of the individual administrative decisions;
 Considering the opinion of the government of New Caledonia dated April 26th, 2011;
 Considering the opinion of the regional council of Réunion dated April 26th, 2011;
 Considering the opinion of the Superior council of audio-visual dated June 14th, 2011;
 Considering the opinion request of the government of French Polynesia dated March 28th, 2011;
 Considering the sasine of the regional council of the Guadeloupe dated March 29th, 2011;
 Considering the sasine of the regional council of Guyana dated March 29th, 2011;
 Considering the sasine of the regional council of Martinique dated March 29th, 2011;
 Considering the sasine of the general advice of the Guadeloupe dated March 29th, 2011;
 Considering the sasine of the general advice of Guyana dated March 29th, 2011;
 Considering the sasine of the general advice of Martinique dated March 29th, 2011;
 Considering the sasine of the general advice of Réunion dated March 30th, 2011;
 Considering the sasine of the general advice of Mayotte dated March 30th, 2011;
 Considering the sasine of the territorial council of St. Bartholomew's Day Massacre dated March 28th, 2011;
 Considering the sasine of the territorial council Saint Martin dated March 28th, 2011;
 Considering the sasine of the territorial council of Saint Pierre and Miquelon dated March 28th, 2011;
 The Council of State (section of the interior) heard,
 
 Issue:
 

Article 1
 This decree applies to the television services with local vocation diffused by terrestrial hertzian way in digital mode mentioned in article 173 of the law of December 29th, 2010 referred to above.
 For the application of this decree, one understands by:
 - “costs of diffusion”: sums paid with the title of the diffusion by terrestrial hertzian way in digital mode with any person ensuring the diffusion of the television service, other than all other expenses invoiced by this person;
 - “product of exploitation”: products of normal and current exploitation of the service in particular including the grants of the State and the territorial collectivities other than those versed under this decree.
 

Article 2
 The assistance instituted by article 173 of the law of December 29th, 2010 referred to above is allotted annually by the minister in charge for overseas according to the following methods:
 1° In 2011, it covers 90% of the costs of diffusion all inclusive of tax by terrestrial hertzian way in digital mode supported by the editor of television services in light with local vocation as from the beginning of its diffusion in digital mode, within the limit of 100,000 euros or 11,933,000 francs CFP;
 2° In 2012, it covers 70% of the costs of diffusion all inclusive of tax by terrestrial hertzian way in digital mode supported by the editor of television services in light with local vocation, within the limit of 60,000 euros or 7,159,800 francs CFP;
 3° In 2013, it covers 30% of the costs of diffusion all inclusive of tax by terrestrial hertzian way in digital mode supported by the editor of television services in light with local vocation, within the limit of 40,000 euros or 4,773,200 francs CFP.
 

Article 3
 I. the request for assistance is presented each year by the editor of television services in light to local vocation, before September 1st for the year 2011 and before June 1st for the years 2012 and 2013.
 She is addressed to the minister in charge of accompanied overseas by the income statement and the assessment of the previous year whose sincerity and regularity are attested by an auditor, as well as elements making it possible to attest the estimated costs of diffusion per terrestrial hertzian way in digital mode of the editor of television service.
 II. The requests concerning the assistance under 2012 and 2013 are accompanied by the amount of the costs of diffusion per terrestrial hertzian way in digital mode supported by the editor of services on the preceding exercise, whose sincerity and regularity are attested by an auditor.
 Before June 1st, 2014, the editor of services addresses the amount of the costs of diffusion per terrestrial hertzian way in digital mode which it supported on 2013, attested by an auditor.
 III. The minister in charge for overseas can supplement by decree the list of the parts necessary at the request of assistance or his regularization.
 

Article 4
 Within a period of two months as from the date of reception of the request, the minister in charge for overseas informs the applicant of the complete character of the file or claims the production of the missing parts. In this case, the time is suspended.
 In the absence of response of the minister in charge for overseas to the expiry of the two months period, the file is considered complete.
 

Article 5
 Any request for assistance which did not cause attributive decision within a period of four months from the date on which the file is complete is rejected implicitly.
 

Article 6
 The regularization of the amount of the assistance is carried out within sight of the parts attesting the costs of diffusion actually supported by the editor. She causes, according to the cases, with the payment of a complement or the transfer of the over-payment.
 

Article 7
 In the event of suspension of the edition or diffusion of the program pursuant to the 1° of article 42-1 of the law of September 30th, 1986 referred to above, of withdrawal of the authorization pursuant to the 4° of article 42-1 or article 42-3 of the same law or in the event of voluntary suspension of activity, allotted help is equal to that of which the editor would have profited for the year in the absence of suspension or of interruption, calculated in proportion to the duration of effective diffusion of the program during the year concerned.
 

Article 8
 When the product of exploitation of the editor of television services in light with profit local vocation of a help exceeds the ceiling defined in the I of article 173 of the law of December 29th, 2010 referred to above during the financial year with the title of which the assistance was granted to him, this one is restored entirely.
 

Article 9
 Any service which is in one of the situations envisaged in articles 7 or 8 into formless the minister in charge for overseas within the following times:
 1° In the event of suspension or of withdrawal of the authorization, or in the event of discontinuance of business, the time is fifteen days;
 2° In the event of going beyond the ceiling of the product of exploitation envisaged with the I of article 173 of the law of December 29th, 2010 referred to above, the time expires the last day of the fourth month following the closing date of the financial year.
 

Article 10
 Any service which is in one of the situations envisaged in articles 7 or 8 carries out the refunding of the assistance unduly perceived in the two months following the expiry of the periods mentioned in article 9, except time granted by the minister in charge for overseas.
 

Article 11
 This decree is applicable in New Caledonia, French Polynesia and with Wallis and Futuna.
 

Article 12
 The Home Secretary, of overseas, with the territorial collectivities and immigration, the Minister for the budget, the public accounts and the reform of the State, government spokesman, the Minister for the culture and Transport and the minister near the Home Secretary, of overseas, with the territorial collectivities and immigration, charged with overseas, are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la République française .
 
  

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