Decree of December 28, 2009 on assistance to viewers to ensure the continuity of television reception (consolidated version)

Decree no. 2009-1670 of December 28, 2009 on assistance to viewers to ensure uninterrupted reception of free-to-air television services shown by terrestrial broadcasting in analog mode.
(Official Journal of December 30, 2009)

modified by :

- Décret n° 2010-993 du 26 août 2010 relatif à l'aide aux téléspectateurs permettant la continuité de la réception des services de télévision en clair diffusés par voie hertzienne terrestre en mode analogique dans les zones où celle-ci ne peut être assurée par voie hertzienne terrestre en mode numérique
(Official Journal of August 28, 2010)

- Decree no. 2011-71 of January 18, 2011 adapting decree no. 2009-1670 of December 28, 2009 to overseas France

(Official Journal of January 20, 2011)

Prime Minister,

On the report of the Minister of Culture and Communication,

Having regard to the French General Tax Code, in particular articles 1605 and 1605 bis ;

Having regard to law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 99, 100 and 102;

Having regard to European Commission Decision C (2006) 5848 final of December 6, 2006;

Having regard to the opinion of the French Superior Audiovisual Council dated July 21, 2009;

The Conseil d'Etat (interior section) has been heard,

Decree:

Article 1
The subsidies instituted by the first and second paragraphs of article 102 of the aforementioned law of September 30, 1986, intended to enable the continued reception of free-to-air television services previously received by terrestrial hertzian means in analog mode, after the extinction of this broadcasting method, and managed by the public interest group created in article 100 of this same law, are awarded under the conditions set out in the following articles.

CHAPTER I: AID FUNDS

Article 2
The resources of the funds include subsidies and financial assistance from the State, as well as any contributions made by local authorities or any other interested public or private parties, proceeds from donations and bequests, and all revenues authorized by laws and regulations.

Article 3
The expenses of the fund created by the first paragraph of article 102 of the aforementioned law of September 30, 1986 include the aids mentioned in article 5. Those of the fund created by the second paragraph of the same article of the law include the aids mentioned in article 5-1. The costs incurred in managing each of these funds are included in the expenses of that fund.

Article 4
The accounting and financial management of the funds is carried out by the public interest group mentioned in Article 1, in an account separate from those recording the other operations it carries out.
Each year, before March 31st, the group reports to the ministers responsible for communication, the budget and overseas France on the use of the funds, in a report presenting in particular the requests received, the expenditure incurred, the operations in progress and the guidelines adopted for the following year.

CHAPTER II: GRANTS

Article 5
The aid instituted by the first paragraph of article 102 of the aforementioned law of September 30, 1986, intended to contribute to the continuity of free-to-air channels mentioned in article 1, covers all or part of the costs incurred by households:
- either to acquire a scheme for the reception of terrestrial broadcasting services in digital mode and, where necessary, to adapt the antenna for their reception;
- or to access a supply from a service distributor or satellite network operator offering to take over the services in question.

Article 5-1
The aid instituted by the second paragraph of article 102 of the aforementioned law of September 30, 1986, intended to contribute to the continuity of free-to-air reception of the television services mentioned in article 1, covers all or part of the costs incurred by households in accessing the supply of a service distributor or satellite network operator which proposes the resumption of the services in question.

Article 5-2
The amount of aid allocated by the grouping under article 5 or article 5-1 is established on the basis of the proof of purchase or service provided by the applicant, and in accordance with the procedures set out in article 8.

Article 6
To qualify for assistance under Article 5, the household making the request must satisfy the following conditions:
1° In mainland France, they have benefited from a reduction in the public audiovisuel contribution in application of 2° and 3° bis of article 1605 bis of the General Tax Code for the year preceding that in which the assistance is requested;
2° It receives free-to-air television services in analog mode only;
3° In mainland France, he or she owns a television receiver or similar scheme in a dwelling located :
- either in a geographical area where the French Superior Audiovisual Council has decided to switch off analog broadcasting, and where the conditions for receiving free-to-air television services shown by terrestrial hertzian means in digital mode on the date of switching off analog broadcasting are known;
- or in an area defined by the French Superior Audiovisual Council where reception of the television services mentioned in Article 1 is likely to be disrupted by the commissioning of digital terrestrial broadcasting stations;
4° The dwelling in which this equipment or scheme is held constitutes the main residence of the household;
5° a) In mainland France, the household's reference tax income for the penultimate year preceding the year in which the assistance is requested does not exceed 20,000 euros for the first family quotient share, increased by 1,500 euros for the first four half-shares and by 2,500 euros for each additional half-share used to calculate income tax.

b) In overseas France, he/she satisfies the resource conditions defined in appendices I and II. The number of shares is determined in accordance with the scheme set out in article 194 of the French General Tax Code in overseas France, and by listing the same scheme in Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, Mayotte and Wallis-et-Futuna. In New Caledonia, the number of shares is determined in accordance with the provisions of the New Caledonian tax code.

Article 6-1
To benefit from the assistance provided for in article 5-1, the household making the demand must satisfy the following conditions:
1° It receives free-to-air television services only via terrestrial hertzian channels in analog mode;
2° In mainland France, they own a television receiver or similar scheme in a dwelling located :
- either in a geographical area where the French Superior Audiovisual Council has decided to switch off analog broadcasting, and where all free-to-air television services previously received by terrestrial hertzian means in analog mode cannot, on the date of switching off such broadcasting, be received by terrestrial hertzian means in digital mode;
- or in an area defined by the French Superior Audiovisual Council where all free-to-air television services previously received by terrestrial hertzian transmission in analog mode cannot, at the date of the demand, be received by terrestrial hertzian transmission in digital mode, and where reception of the television services mentioned in article 1 is likely to be disrupted by the commissioning of stations transmitting television services by terrestrial hertzian transmission in digital mode;
3° The dwelling in which the equipment or scheme is held constitutes the household's principal residence.

Article 7
The demand must be formulated at the latest within six months following the end of terrestrial broadcasting in analog mode in the geographical zone where the dwelling in question is located.
Requests for assistance must be sent to the public interest group created by article 100 of the aforementioned law of September 30, 1986, using a form made available to the public, specifying in particular the documents required to prove eligibility for the fund.
For the application of the fifth paragraph of article 6 and the fourth paragraph of article 6-1, when the request comes from a household whose dwelling is located in an area where the reception conditions for television services shown by terrestrial hertzian means in digital mode on the date of switching off analog broadcasting are not yet known on the date of the request, the group informs the applicant accordingly.
the date on which the request can be processed.

Article 7-1
No more than one subsidy may be granted per household, regardless of the number of television receivers or similar devices used for television reception.

Article 8
I.- In mainland France, the amount of aid provided for in Articles 5 and 5-1 is equal to the expenses actually incurred by the household, up to the maximum amounts set out in the table [see Journal officiel du 28 août 2010 - top of this page].
II. - In overseas France, the amount of aid provided for in articles 5 and 5-1 is equal to the expenses actually incurred by the household, up to the maximum amounts, expressed in the currency used in the territory concerned and set out in the table [cf. Journal officiel du 20 janvier 2011 - top of this page].

CHAPTER III: MISCELLANEOUS AND FINAL PROVISIONS

Article 9
When a local authority wishes to contribute to the continuity of reception of the television services mentioned in article 1 by granting aid in addition to that set by this decree, the public interest group proposes that it enter into an agreement intended to coordinate their respective interventions.

Article 10
The present decree is applicable in New Caledonia, French Polynesia and Wallis and Futuna.

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Article 14

of decree no. 2010-993 of August 26, 2010

Notwithstanding the first paragraph of Article 7 of the aforementioned Decree of December 28, 2009, as amended by the present Decree:
1° In geographical areas where analog terrestrial broadcasting has been switched off for more than three months as of the date of publication of this decree, aid granted under article 5 must be demanded at the latest within three months of this publication date;
2° In geographical areas where analog terrestrial broadcasting methods were switched off before publication of this decree, applications for assistance under article 5-1 must be made no later than six months after the date of publication.
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A N N E X E S I and II

of decree no. 2011-71 of January 18, 2011

[cf. Journal officiel of January 20, 2011 - top of this page]