Decision of October 25, 2023 allocating to the national program company France Télévisions a radioelectric resource for the diffusion by terrestrial hertzian way in digital mode and in ultra-high definition of the service of television

French regulatory authority for audiovisual and digital communication,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on the freedom of audiovisual communication, and in particular articles 12, 22, 25, 26, 30-2, 30-4 and 44 thereof;

Vu le décret n° 2009-796 du 23 juin 2009 modifié fixant le cahier des charges de la société nationale de programme France Télévisions ;

Vu l'arrêté du 24 décembre 2001 modifié relatif à la télévision numérique hertzienne terrestre fixant les caractéristiques des signaux émis ;

Having regard to deliberation no. 2015-33 of November 18, 2015, as amended, of the French Superior Audiovisual Council relating to the setting of rules for sharing the radioelectric resource for terrestrial digital terrestrial television multiplexes;

Having regard to the document "Signaling profile for the diffusion of digital terrestrial television services in mainland France and the French overseas territories" approved and published by the French regulatory authority for audiovisual and digital communication on its website;

Having regard to the letter dated May 24, 2023 from the Minister of Culture requesting the Authority, in application of article 26 of the law of September 30, 1986, to grant, on a priority basis, a right of use of the radioelectric resource to the national program company France Télévisions for the diffusion in ultra-high definition of the television service France 3.

Considering the following:

With regard to the first paragraph of II of article 26 of the law of September 30, 1986 referred to above, there is no reason to oppose the allocation of a radioelectric resource to France Télévisions for the purpose of ultra-high definition diffusion of the France 3 service on digital terrestrial television.

The R9 network covers all the radioelectric resources identified by the Authority as likely to satisfy the Minister of Culture's demand in mainland France. The details of the technical conditions of diffusion applicable to the network are determined on the basis of the following criteria
The details of the technical broadcasting conditions applicable to the network are determined on the basis of international coordination constraints and technical elements supplied by the multiplex operator, as defined in article 30-2 of the above-mentioned law, responsible for ensuring the technical operations necessary for the transmission and diffusion to the public, by terrestrial hertzian means in digital mode, of audiovisual communication services authorized on this R9 digital terrestrial television broadcasting network.
The list of areas in which the service will be available comes under the control of the radio resource usage rights negotiated with foreign administrations.

After deliberation,

Resolves :

Art. 1. - The national program company France Télévisions is authorized, from July 10, 2024 to September 10, 2024, to use the radioelectric resources of the R9 digital terrestrial television network listed in the authorization decision issued pursuant to article 30-2 of law no. 86-1067 of September 30, 1986 referred to above, to the company responsible for carrying out the technical operations necessary for the transmission and diffusion to the public of the programs of television service editors authorized to use the radio resources of this network, for the complete and simultaneous free-to-air coverage by terrestrial hertzian means, in digital mode and in ultra-high definition, of the France 3 service.
The service is shown in ultra-high definition within the meaning of the above-mentioned Order of December 24, 2001.

Art. 2 - The holder of the present authorization is required to ensure the diffusion of its programs by terrestrial radio. The service is operated in all the zones of diffusion mentioned in appendix 1 of the present decision, subject to the availability of the radioelectric resource.

The technical conditions of use of the radioelectric resources are specified in the authorization issued to the company responsible for ensuring the technical operations necessary for the transmission and diffusion to the public of the programs of the television service editors mentioned in article 1 of the present decision.

Planning models and international coordination may lead to changes in certain technical conditions of diffusion. As a result, the French regulatory authority for audiovisual and digital communication may substitute other conditions for those already authorized, to ensure equivalent reception quality.

Art. 3 - Use of the radioelectric resource is subject to compliance with the technical conditions defined by the French regulatory authority for audiovisual and digital communication.

The characteristics of the signals transmitted comply with the regulations in force, with the technical configuration defined in Appendix 2 and with the authorization issued to the company responsible for carrying out the technical operations necessary for the transmission and diffusion to the public of the programs of the television service editors referred to in Article 1 of this decision, as well as with the document entitled "Signaling profile for the diffusion of digital terrestrial television services in mainland France and the French overseas territories". Details of how to browse and revise this document are given in Appendix 2.

The national program company France Télévisions shall provide the Authority, at its request and on a confidential basis, with the agreements concluded with the company responsible for ensuring the technical operations necessary for the transmission and diffusion of the service to the public mentioned in article 1 of the present decision.

At the request of multiplex operators, the company provides them with signalling data for cross-referencing information on current and future broadcasts of its service between the different multiplexes.

Art. 4 - The radioelectric resource corresponding to the network mentioned in article 1 of the present decision is shared by several audiovisuel communication services. The share of the useful radioelectric resource allocated to the beneficiary of the present authorization is set in accordance with the provisions of deliberation no. 2015-33 of November 18, 2015 referred to above. It makes it possible to determine, in proportion to the total bit rate available on the multiplex, the bit rate nominally allocated to each service for showing its various streams and implementing the mechanisms required for its diffusion.

In accordance with this decision, service editors working in the same multiplex can contractually exchange part of the resource allocated to them. Such agreements must be concluded under fair, reasonable and non-discriminatory conditions, in accordance with the provisions of article 30-2 of the aforementioned law of September 30, 1986.

Art. 5 - The present decision will be notified to the national program company France Télévisions and published in the Journal officiel de la République française.

Paris, October 25, 2023

Pour l'Autorité de régulation de la communication audiovisuel et numérique (French regulatory authority for audiovisual and digital communication)

Chairman

R.-O. MAISTRE