Décret n°92-881 du 1er septembre 1992 modifié concernant l'autorisation d'exploitation des réseaux câblés - Consolidated version

Decree no. 92-881 of September 1, 1992 implementing article 34 of the law of September 30, 1986 on freedom of communication and concerning the authorization to operate networks distributing radio broadcasting and cable television services, amended by decree no. 2002-125 of January 31, 2002.

Article 1
The French Superior Audiovisual Council shall give a ruling on requests for authorization to operate a network distributing radio broadcasting and cable television services within two months of receipt of the proposal from the communes or groups of communes provided for in article 34 of the aforementioned law of September 30, 1986, accompanied by all the documents required for its examination.
The operating license may only be granted in the light of a certificate of compliance with the overall technical specifications defined by decree in application of article 34 of the aforementioned law of September 30, 1986. This certificate is drawn up jointly by the applicant and the network installer(s). The applicant must also undertake in his or her demand to comply with any changes to the overall technical specifications that may be made during the term of the authorization.
Each new network segment may not be put into operation until the French Superior Audiovisual Council has received a certificate of compliance drawn up in accordance with the above conditions.

Article 2
Authorization to operate a network distributing radio broadcasting and television services by cable is granted for a maximum period of thirty years.
The authorization decision specifies the number, name, composition and structure of the supply of the following services to be distributed by the network operator:
1° Services shown by terrestrial radio in application of articles 28-3, 29, 30, 30-1 and 44 of the aforementioned law of September 30, 1986 and the aforementioned treaty of October 2, 1990;
2° Services falling within the competence of another State received by terrestrial radio ;
3° Services covered by an agreement concluded with the French Superior Audiovisual Council under the conditions laid down in article 33-1 of the law of September 30, 1986, or subject to the declaration laid down in article 43-6 of the same law;
4° Service called "La Chaîne parlementaire" mentioned in article 45-2 of the law of September 30, 1986.

Article 3
I.- All distributors of cable services are required to provide all their subscribers with the following television services in analog mode:
1° Services shown in analog terrestrial broadcasting mode in application of articles 30 and 44 of the law of September 30, 1986 and the treaty of October 2, 1990 and normally received in the service area of the cable network;
2° International service mentioned in 1° of II of article 34 of the law of September 30, 1986. The sound signal of the services mentioned in the two preceding paragraphs is retransmitted in digital mode if the signal is shown in this mode.
II.- In addition, when the distributor proposes one or more digital service supplies, it is also required to ensure the supply, in digital mode, to all subscribers to such a supply, of the following television services normally received by terrestrial hertzian means in the cable network coverage area and whose financing does not summon remuneration from users:
1° Services authorized under article 30-1 of the law of September 30, 1986, with the exception of services mentioned in the second paragraph of III of this article and services whose main purpose is to provide information on programs;
2° Services shown in digital terrestrial broadcasting by the European cultural channel resulting from the treaty of October 2, 1990, and by the companies mentioned in article 44 of the law of September 30, 1986, with the exception of those consisting in the full and simultaneous repetition of services shown in analog terrestrial broadcasting by the national program companies France 2 and France 3. The distributor has the same obligation towards subscribers to an analog supply who demand to receive these services in digital mode and equip themselves with the terminals required to receive them. Data associated with television services that summon the scheme mentioned in the seventh paragraph of article 25 of the law of September 30, 1986 are not covered by the obligation defined in the preceding paragraphs.
III. - For the application of II, operating authorizations are amended no later than two months after the date of effective availability in digital mode of the services concerned, normally received in the cable network coverage area.

Article 3-1
When a cable service distributor operating an internal network connected to a cable network does not offer a digital supply, it sends the person entrusting it with the operation, on request, a commercial proposal for the analog distribution of the services mentioned in I of article 3. This proposal takes into account the costs of installation, maintenance or replacement of the network, and is not conditional on a contract for one or more services.
When a cable services distributor operating an internal network connected to a cable network proposes a digital supply, it sends the person entrusting it with the operation, when requested, a commercial proposal for the analog distribution of the services mentioned in I of article 3 and the digital distribution of the services mentioned in II of the same article. This proposal must comply with the rules defined in the first paragraph. It also sets out the conditions under which the terminals required to receive these services can be rented or sold to individuals upon request.

Article 3-2
The French Superior Audiovisual Council ensures that the presentation to users of services distributed by cable abides by the principles laid down in article 1 and III of article 34 of the law of September 30, 1986.

Article 4
Decrees n° 77-1097 and n° 77-1098 of September 28, 1977 and articles 1 and 2 of decree n° 87-796 of September 29, 1987 are abrogated.

Article 4-1
The present decree is applicable in overseas France, New Caledonia and Mayotte.

Decree no. 2002-125 of January 31, 2002 amending decree no. 92-881

Article 6
The provisions of this decree shall be effective from January 1, 2003. Operating authorizations shall be amended prior to this date as necessary.