Décret n° 2007-371du 14 mai 2007 pris pour l'application de l'article 98 de la loi n° 86-1067 relative à la liberté de communication
The Prime Minister,
On the report of the Minister of Culture and Communication,
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 26, 30 and 98,
Decree:
Article 1
When, in application of article 98 of the aforementioned law of September 30, 1986, the French Superior Audiovisual Council revokes, for a given geographical area, the authorization to use a frequency in analog mode held by a national television service editor, it shall abide by the following conditions:
1° The number of households within the effective coverage area of the analog frequency does not exceed 50,000;
2° It grants the service editor a right to use the radioelectric resource in digital mode for the same program and for a coverage area at least equivalent to that in analog mode which he has revoked;
3° It ensures that the substitution of the digital resource for the analog resource does not lead to any interruption in the diffusion of the service;
4° It grants the service editor a minimum period of one month in which to make any technical comments on the planned redevelopment operation, and in particular on the conditions mentioned in the preceding paragraphs;
5° When the service editor holds an authorization to use frequencies in analog mode issued in application of article 26 of the aforementioned law of September 30, 1986, the French Superior Audiovisual Council may decide to withdraw it only after obtaining the agreement of the Government. If the Conseil supérieur de l'audiovisuel has formulated observations in application of 3°, the service editor concerned shall make them known to the Government.
Article 2
The present decree is applicable in Mayotte, Wallis and Futuna, French Polynesia, New Caledonia and the French Southern and Antarctic Territories.
Article 3
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.