Decree no. 2005-1355 of October 31, 2005 on the declaratory regime for distributors of audiovisual communication services.
Decree no. 2005-1355 of October 31, 2005 on the declaratory regime for distributors of audiovisual communication services and the provision of local public-initiative services to the public.
The Prime Minister,
On the report of the Minister of Culture and Communication,
Having regard to the European Cultural Channel Treaty, signed on October 2, 1990 ;
Having regard to the General Code of Local Authorities, in particular article L. 1426-1 ;
Having regard to the French Post and Electronic Communications Code, in particular article L. 32 ;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 2-1, 30-2, 34 and 34-2;
Having regard to law no. 2004-669 of July 9, 2004 on electronic communications and audiovisual communication services, in particular article 135;
The Conseil d'Etat (Interior section) has been heard,
Decree:
TITLE ONE
Declaratory regime for service distributors
Chapter 1
Schemes applicable to distributors of services mentioned in IV of article 30-2 of the law of September 30, 1986
Article 1
The provisions of this chapter are applicable to distributors of services mentioned in IV of article 30-2 of the aforementioned law of September 30, 1986, who market to the public the programs of service editors authorized under article 30-1 of the same law.
Article 2
Prior to making a service supply available to the public, any service distributor must file a declaration with the Conseil Supérieur de l'Audiovisuel, by registered letter with acknowledgement of receipt, containing the information specified in article 3 of this decree.
Article 3
The declaration shall include the corporate form, name or business name and registered office address of the service distributor, the list of services and the structure of the service supply made available to the public, as well as a letter of intent to enter into a distribution agreement from a television service whose financing summons remuneration from users.
Article 4
The acknowledgement of receipt is equivalent to a declaration receipt within the meaning of IV of article 30-2 of the aforementioned law of September 30, 1986.
However, if the declaration is incomplete, the French Superior Audiovisual Council will indicate the missing information to the service distributor and set a deadline for receipt.
Within one month of receipt of the complete declaration, the French Superior Audiovisual Council may issue a reasoned decision notifying the declarant that it is not a service distributor within the meaning of IV of article 30-2 of the aforementioned law of September 30, 1986.
Article 5
Any change to any of the elements mentioned in Article 3 must be declared in advance to the French Superior Audiovisual Council.
Chapter 2
Schemes applicable to distributors of services mentioned in article 34 of the law of September 30 1986
Article 6
The provisions of this chapter apply to distributors of services making available to the public a supply of audiovisual communication services including radio or television services, via an electronic communications network serving one hundred or more households and not using frequencies summonsed by the French Superior Audiovisual Council.
Article 7
Prior to making a service supply available to the public, any service distributor must submit a declaration to the French Superior Audiovisual Council, by registered letter with acknowledgement of receipt, containing the information specified in Article 8.
Article 8
The declaration applies either to all service supplies made available to the public by the service distributor, or to a specific supply. It shall include the following information:
1° The corporate form, name or business name and registered office address of the service distributor;
2° The amount and breakdown of its capital and voting rights attached thereto for companies ;
3° For local authorities or their groupings, the decision authorizing the direct or indirect exercise of a service distributor activity and specifying the operating method chosen, in accordance with the provisions of article L. 1426-1 of the General Code of Local Authorities;
4° The list of services distributed and the structure of each supply made available to the public;
5° The numbering allocated in each supply of services to the companies mentioned in article 44 of the aforementioned law of September 30, 1986 and to the Arte channel, or, in the absence of numbering, their place within the supply of services;
6° Whether the distribution method used is analog or digital;
7° Where appropriate, the mandate to make the declaration.
Article 9
Where the declaration is incomplete, the French Superior Audiovisual Council will indicate the missing information to the service distributor and set a deadline for receipt.
Article 10
Within one month of receiving a complete declaration, the French Superior Audiovisual Council may notify the declarant, in a reasoned decision, that it is not a service distributor within the meaning of the second paragraph of I of article 34 of the aforementioned law of September 30, 1986.
Article 11
The objection period mentioned in I of article 34 of the aforementioned law of September 30, 1986 is one month.
Article 12
On January 1st of each year, service distributors shall inform the French Superior Audiovisual Council of any changes made to the elements mentioned in 2° of article 8. Any change to any of the other items mentioned in Article 8 must be declared in advance to the French Superior Audiovisual Council.
TITLE II
Provision of local public-initiative audiovisuel communication services
Article 13
For the purposes of this title, local public-initiative services providing information on local life are television services published directly or indirectly by a local authority or group of local authorities under the conditions set out in article L. 1426-1 of the General Code of Local Authorities.
Article 14
Distributors of services via an electronic communications network that does not use frequencies summonsed by the French Superior Audiovisual Council, other than satellite services, shall make available to their subscribers local public-initiative services intended to provide information on local life, at their request.
Service editors provide distributors with a signal that complies with the technical specifications used by the latter.
In the area corresponding to the geographical limits of the local authorities that provide these services, the signal is made available in analog and digital mode, unless the service distributor does not use one of these modes for these supplies in the territory in question.
Transport and diffusion costs on the electronic communications network, to be borne by service distributors, do not include any costs for going paperless for the services in question.
Article 15
The following are exempt from the obligations mentioned in Article 14:
1° Service supplies on a network serving fewer than 100 households, as well as service supplies on a television distribution network internal to a block of flats, a condominium or a rental complex, when these networks are not connected to another electronic communications network other than satellite;
2° Service supplies internal to a company or public service and intended for use by the public present on the premises;
3° Supplies of services intended to be received on a receiving device whose main use is not the reception of radio and television services;
4° Service supplies subscribed to by less than 3% of households in the area corresponding to the geographical limits of the local authorities responsible for local public-initiative services;
5° Complementary service supplies marketed by a third-party distributor on the electronic communications network of a service distributor already subject to the obligations set out in article 14, such supplies being made available to the public under terms contractually agreed between the two distributors.
TITLE III
Transitional and final provisions
Article 16
Service distributors operating prior to publication of this decree must comply with its provisions within three months of the same date.
Article 17
Decree no. 92-881 of September 1, 1992, implementing article 34 of the law of September 30, 1986 on freedom of communication, concerning the authorization to operate networks distributing radio broadcasting and cable television services, is abrogated.
Article 18
The present decree is applicable in French Polynesia, Wallis and Futuna, New Caledonia, Mayotte and the French Southern and Antarctic Territories.
Article 19
The Minister for Culture and Communication and the Minister for overseas France are each responsible for the execution of the present decree, which will be published in the Journal officiel de la République française.