Arrêté du 26 avril 2007 portant approbation de la convention constitutive du groupement d'intérêt public France Télé numérique

The Prime Minister, the Minister for the Economy, Finance and Industry, the Minister for Culture and Communication and the Minister Delegate for the Budget and State Reform, Government Spokesperson,

Having regard to article 100 of law no. 86-1067 of September 30, 1986, as amended, on freedom of communication;

Having regard to the constitutive agreement of the France Télé numérique public interest group created by article 100 of the aforementioned law of September 30, 1986,

Decree:

Article 1

The constitutive agreement of the public interest group called France Télé numérique, created by article 100 of the aforementioned law of September 30, 1986, responsible for implementing the measures required to allow the extinction of terrestrial broadcasting of television services in analog mode and the continuity of reception of these services by viewers, an extract of which is appended to the present order, is approved.

Article 2

The Director General of the Treasury and Economic Policy, the Director of Media Development and the Director of the Budget are each responsible for the execution of the present order, which will be published in the Journal officiel de la République française.

A N N E X

1. In accordance with the guidelines laid down by the Prime Minister and the decisions of the Conseil Supérieur de l'Audiovisuel (French Superior Audiovisual Council), the purpose of the France Télé Numérique group is to implement the measures required to extinguish the diffusion of terrestrial broadcasting services in analog mode and to ensure the continuity of reception of these services by viewers.

To this end, the group is responsible for :

- manage projects relating to the switch-off of analogue diffusion;
- organize and commission the technical operations required for the switch-off of television services broadcast over the air in analog mode;
- organize and finance initiatives to inform viewers about the conditions for switching off analog broadcasting of television services, and the measures taken to ensure continuity of reception at national and local level;
- coordinate information and cooperation initiatives between television service editors and local authorities;
- coordinate the frequency reorganization operations mentioned in the last paragraph of IV of article 30-1 of law no. 86-1067 of September 30, 1986 on freedom of communication, a task previously carried out by the "GIE fréquences";
- coordinate actions financed by the digital support fund;
- to manage the fund set up in application of article 103 of law no. 86-1067 of September 30, 1986 on freedom of communication, and in this capacity, to check eligibility conditions and calculate the amount of aid to be granted in accordance with the criteria for their allocation;
- carry out studies to prepare for the switch-off of analogue diffusion, particularly in terms of coverage and initialization of channels in digital mode;
- to formulate opinions and proposals on matters referred to it by the Prime Minister or the French Superior Audiovisual Council concerning the switch-off of analog broadcasting.
The group may also carry out any other mission entrusted to it by one or more of its members, under conditions laid down by agreement.

2. The group is composed of :

- the State ;
- France Télévisions ;
- Arte-France;
- TF 1;
- Métropole Télévision;
- Canal Plus.

3. The group's registered office is at 69, rue de Varenne, 75007 Paris.

4. The Groupement is constituted with effect from the date of publication in the Journal officiel de la République française of this decree approving the present constitutive agreement by the Prime Minister, the Minister responsible for communications and the Minister responsible for the budget and State reform. It has legal personality with effect from the same date.
The group will be automatically dissolved six months after publication in the Journal Officiel of the decision of the French Superior Audiovisual Council terminating the last authorization to show terrestrial broadcasting services in analog mode in mainland France.
Where appropriate, the duration of the association may be extended.

5. The Group is subject to the economic and financial control of the State under the conditions laid down in Decree no. 55-733 of May 26, 1955, as amended.

6. The founding agreement may be browsed by any interested party at the head office of the France Télé numérique public interest grouping.