Avis du 3 mai 2006 relatif au projet de modification du tableau national de répartition des fréquences radioélectriques
The French Superior Audiovisual Council (Conseil Supérieur de l'Audiovisuel), after deliberating at its plenary meeting on May 3, 2006, has been asked to give its opinion on a draft amendment to the national table for the breakdown of radio frequencies, in accordance with article L. 41 of the French Post and Electronic Communications Code (Code des Postes et des Communications Electroniques). It has issued a favorable opinion on the draft submitted to it.
The French Superior Audiovisual Council notes that note F38a, newly introduced into the table, stipulates, for the frequency bands 174-223 MHz (band III), and 470-830 MHz (band IV-V), that "in mainland France, after March 31, 2007, summonses to new audiovisual communication services within the meaning of law no. 86-1067 of September 30, 1986, as amended, relating to freedom of communication, or to existing audiovisual communication services within the meaning of the same law for the extension of their coverage, shall be operated in digital mode". The Conseil considers that this provision has the effect of limiting, after March 31, 2007, the summons of new frequencies in favor of a television service shown by terrestrial hertzian way in analog mode to the only cases where these frequencies are intended to ensure the continuity of the reception, in the case of reorganizations of the spectrum, linked for example to the deployment of digital terrestrial television. Similarly, this provision will not prevent the renewal, without a call for applications, of authorizations issued for channels shown in analog mode.
On the other hand, after March 31, 2007, the Commission will no longer be able to serve with a summons to broadcast a terrestrial service in analog mode, either when issuing a new authorization to use the radioelectric resource, or when extending coverage, when the service already has an authorization.
The French Superior Audiovisual Council notes, in particular, that the application of this provision will prevent the frequencies currently used by TF1, M6 and Canal+ in analog mode from being re-licensed for broadcasting in the same mode, given that the expiry dates of the authorizations to use the radioelectric resource granted to these three services are all subsequent to March 31, 2007, i.e. April 16, 2012 for TF1, December 6, 2010 for Canal+ and March 1, 2012 for M6.
Given the radical impact of this note on the latitude it enjoys in carrying out the missions entrusted to it by the amended law of September 30, 1986, for the management of the frequencies for which it is responsible, the Conseil questions the regulatory nature of this provision, and does not rule out the possibility that it may be legislative in nature. In this case, the provision could legitimately find its place in the draft legislative framework applicable to television of the future, put out to public consultation on April 26 by the Minister of Culture and Communication.
This notice will be published in the Journal officiel de la République française.