Decree of June 29, 2010 on financial compensation paid by the State to local authorities

Decree no. 2010-706 of June 29, 2010 on financial compensation paid by the State to local authorities and their groupings that have implemented any solution to ensure the continuity of reception of free-to-air television services after the end of their terrestrial broadcasting in analog mode.


The Prime Minister,

On the report of the Prime Minister and the Secretary of State to the Prime Minister 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, in particular articles 99 and 100;

Having regard to Law no. 2009-1572 of December 17, 2009 on fighting the digital divide, in particular article 8;

Having regard to the opinion of the French Superior Audiovisual Council dated May 27, 2010;

Having regard to the opinion of the Local Finance Committee dated June 1, 2010;

Having regard to the opinion of the Consultative Commission for the Evaluation of Norms dated June 3, 2010,

Decree:

Article 1
Local authorities or their groupings that abide by the following conditions are entitled to the compensation mentioned in article 8 of the aforementioned law of December 17, 2009:
1° They implement any solution enabling the reception of television services shown by terrestrial hertzian transmission in digital mode in areas where the continuity of reception of free-to-air television services cannot be ensured by terrestrial hertzian transmission in digital mode after the end of their terrestrial hertzian diffusion in analog mode;
2° The solution implemented is in service at least two months before the date of switching off analog terrestrial broadcasting of television services in the geographical area concerned.

Article 2
The amount of financial compensation is equal to 100 multiplied by the number of households able to benefit from the solution mentioned in Article 1 to receive, in their principal residence, television services broadcast by terrestrial hertzian means in digital mode, within the limit of a maximum amount corresponding to 80% of the investment costs by the local authority or its grouping for the implementation of this solution.

Article 3
Compensation is awarded by the Minister for the Digital Economy.
The request for compensation provided for in Article 1 shall be made by the local authority or group of local authorities at the earliest two months before the date of switching off analog broadcasting in the geographical area concerned, and at the latest two months after this date. It is sent to the public interest group created by article 100 of the aforementioned law of September 30, 1986, which examines it. In particular, it must be accompanied by proof of :
1° That the solution referred to in Article 1 has been put into service;
2° The amount of the investment paid and the date on which the sums were committed;
3° The number of households able to benefit from the solution mentioned in article 1 to receive, in their principal residence, television services broadcast by terrestrial hertzian way in digital mode. Where the solution has been implemented in accordance with the conditions laid down in article 30-3 of the aforementioned law of September 30, 1986, the applicant shall provide the information communicated by the French Superior Audiovisual Council concerning the coverage area, indicating as far as possible the number of households benefiting.
The public interest group mentioned in the second paragraph may add to the list of supporting documents.

Article 4
The present decree applies to Wallis and Futuna, French Polynesia, New Caledonia and the French Southern and Antarctic Territories.

Article 5
The Minister of the Interior, Overseas France and Territorial Communities, the Minister of the Budget, Public Accounts and State Reform, 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, de l'outre-mer et des collectivités territoriales, chargé de l'outre-mer, et la secrétaire d'Etat auprès du Premier ministre chargé de la prospective et du développement de l'économie numérique sont chargés, chacun en ce qui le concerne, de l'exécution du présent décret, qui sera publié au Journal officiel de la République française.