Decree no. 2007-957 of May 15, 2007 on the digital support fund - Consolidated version

Decree no. 2007-957 of May 15, 2007 on the digital support fund (Journal officiel of May 16, 2007)
modified by :

Decree no. 2010-327 of March 22, 2010 (Journal officiel of March 25, 2010)

The Prime Minister,
On the report of the Minister of the Economy, Finance and Industry and the Minister of Culture and Communication,
Having regard to the French Post and Electronic Communications Code, in particular article L. 43 ;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication;
Having regard to Law no. 2005-1720 of December 30, 2005 on rectifying finances for 2005, in particular Article 13;
Having regard to Decree no. 2003-620 of July 4, 2003, implementing Article 30-1 of Law no. 86-1067 of September 30, 1986, and relating to the breakdown and pre-financing of the cost of frequency upgrades;
Having regard to the decision of the French Superior Audiovisual Council of July 24, 2001 concerning a summons to tender for the production of national digital terrestrial television services,
Decree:

Article 1

A digital support fund managed by the Agence nationale des fréquences is hereby established for a period of six years.
The purpose of this fund is to ensure continuity of reception of television services authorized to be broadcast by terrestrial radio under the conditions laid down in the aforementioned law of September 30, 1986, when, due to a shortage of frequencies, reception is interrupted or disrupted by foreign broadcasts covered by frequency coordination agreements at borders.
The fund also ensures continuity of reception of digital terrestrial broadcasting services when they are interrupted or disrupted by the implementation of decisions taken by the French Superior Audiovisual Council in application of articles 22, 25, 26 and 30-1 of the aforementioned law of September 30, 1986, except when the expenses referred to in article 4 are covered by the spectrum reorganization fund mentioned in 9° of article R. 20-44-11 of the French Post and Electronic Communications Code.

Article 2
In the geographical areas determined by the Board of Directors of the Agence nationale des fréquences, and within six weeks of the start of the interruptions or disturbances referred to in Article 1, the fund will assist viewers residing in these areas who so request and who meet the following conditions:
1° They are members of a household receiving only terrestrial television services whose reception is affected;
2° Their reception of these television services is affected under the conditions mentioned in Article 1;
3° They can provide proof of their tax status with regard to the audiovisuel tax.

Article 3
The fund's resources include :
1° The budgetary appropriations entered in the budget of the Agence nationale des fréquences for the financing of the digital support fund;
2° Financial assistance from the State and local authorities;
3° Financial assistance from any public or private organization;
4° Where appropriate, other revenues authorized by laws and regulations.

Article 4
The fund covers the minimum cost of operations essential to the continuity of reception of the television services mentioned in Article 1.
This cost includes :
1° Expenditure required to ensure uninterrupted reception of television services on no more than one receiver per household, resulting from :

a) Either the supply, and where necessary, the installation of an adapter enabling the reception of terrestrial television services in digital mode, as well as the adaptation of the individual or collective antenna;
b) or the supply and, where necessary, installation of a scheme enabling satellite reception of television services broadcast by terrestrial hertzian means in digital mode, including adaptation of the collective antenna;
c) A lump-sum subsidy to cover all or part of the costs mentioned in a or b above, or the cost of equipment and contracts for other means of receiving the television services in question, up to an amount equivalent to the least expensive solution available in the area;
d) Either the adaptation of the individual or collective antenna to allow terrestrial reception of the television services in question from other transmitting stations, if this solution is the least expensive in the area.
2° Expenditure resulting from coordinated operations aimed at informing viewers;
3° The costs of coordinating operations, in particular operating expenses incurred for the operational implementation of the fund's intervention.

Article 5
The Board of Directors of the Agence nationale des fréquences defines the amount of the lump-sum subsidies provided for in Article 4, and determines the expenses and costs relating to the operations mentioned in Article 4 that are to be covered by the fund.
Under the terms of an agreement, it may entrust the operational implementation of the fund's intervention to another artificial person, and in particular to the economic interest group mentioned in article 7 of the aforementioned decree of July 4, 2003, to the public interest group created by article 100 of the aforementioned law of September 30, 1986, or to local authorities which participate in the financing of the fund.

Article 5-1

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