Decree of June 18, 2010 on the composition of digital television transition commissions

Decree no. 2010-670 of June 18, 2010 on the composition of digital television transition commissions


The Prime Minister,

On the report of the Secretary of State to the Prime Minister, responsible for Forward Planning and the Development of the Digital Economy,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, and in particular articles 9 and 100 ;

Having regard to Law no. 2009-1572 of December 17, 2009 on fighting the digital divide, in particular article 4;

Having regard to decree n° 2006-672 of June 8, 2006 relating to the creation, composition and operation of administrative commissions of a consultative nature;

Having regard to the opinion of the French Superior Audiovisual Council dated May 11, 2010;

Having regard to the opinion of the Consultative Commission for the Evaluation of Norms dated May 6, 2010;

Having regard to the submission of a case before the court by the Territorial Council of Saint-Barthélemy dated April 22, 2010;

Having regard to the submission of a case before the court by the Conseil territorial de Saint-Martin dated April 22, 2010;

Having regard to the submission of a case before the court by the Conseil territorial de Saint-Pierre-et-Miquelon dated April 26, 2010;

Having regard to the submission of a case before the court by the Government of French Polynesia dated April 23, 2010;

Having regard to the opinion of the Government of New Caledonia dated May 5, 2010;

Having regard to the submission of a case before the court by the Territorial Assembly of the Wallis and Futuna Islands dated April 27, 2010,

Decree:

Article 1
In addition to the prefect of the département who chairs them, the digital television transition commissions set up by article 4 of the aforementioned law of December 17, 2009 include:

I. - Three representatives of decentralized government departments.

II. - One representative of the French Superior Audiovisual Council;

III. - Five representatives of local authorities:

1° Three municipal councillors appointed by the president of the departmental association of mayors, with particular attention to ensuring representation of municipalities in which free-to-air television services previously received by terrestrial hertzian means in analog mode cannot, on the date of switching off its diffusion, be received by hertzian means in digital mode.
If there is no association of mayors in the local authority, these representatives are elected by proportional representation on a first-past-the-post basis by the college of mayors of the département summoned for this purpose by the prefect; voting may take place by mail.
If there are several associations, the three municipal councillors are appointed jointly by their presidents. Failing agreement between them, the election provided for in the previous paragraph is held;

2° Two elected members of the General Council appointed by the President of the General Council.
For the department of Paris, the five representatives of the local authorities are appointed by the Mayor of Paris.


IV. - One representative of the public interest group instituted by article 100 of the aforementioned law of September 30, 1986.

Article 2
The members of the commission mentioned in I and III of article 1 are appointed by order of the prefect for a renewable term of two years. Representatives of the French Superior Audiovisual Council and the public interest grouping are appointed by their respective chairmen.

Article 3
In addition to the automatically applicable provisions of Chapter II, articles 9 and 11 to 14 of the aforementioned decree of June 8, 2006 apply to digital television transition commissions.

Article 4
The commission meets on the initiative of its chairman, at least once before the switch-off of terrestrial broadcasting method analog television services in the community in question.

Article 5
The present decree applies to Wallis and Futuna, French Polynesia and New Caledonia.

For the application of III of article 1 to Saint-Martin and Saint-Barthélemy, the five representatives of the territorial authorities are appointed by the president of the territorial council.

For the application of III of Article 1 in the Wallis and Futuna Islands, the five representatives of the territorial authorities are appointed by the President of the Territorial Assembly of the Wallis and Futuna Islands.

For the application of 2° of III of Article 1 in Saint-Pierre-et-Miquelon, the reference to the General Council is replaced by the reference to the Territorial Council of Saint-Pierre-et-Miquelon.

For the application of 2° of III of Article 1 in French Polynesia, the reference to the General Council is replaced by the reference to the Assembly of French Polynesia.

For the application of 2° of III of article 1 in New Caledonia, the reference to the General Council is replaced by the reference to the Congress of New Caledonia.

For the application of articles 1 and 2 in Saint-Barthélemy, Saint-Martin, New Caledonia, French Polynesia and the Wallis and Futuna Islands, the reference to the prefect is replaced by the reference to the representative of the State in the community.

Article 6
The Minister of the Interior, Overseas France and Territorial Collectivities, the Minister of Culture and Communication, the Minister of Rural Affairs and Town and Country Planning, the Minister attached to the Minister of the Interior, Overseas France and Territorial Collectivities, responsible for Overseas France, the Secretary of State to the Prime Minister, responsible for Forward Planning and the Development of the Digital Economy, and the Secretary of State for the Interior and Local Authorities are each responsible for implementing this decree, which will be published in the Journal officiel de la République française.