Deliberation of January 15, 2013 concerning the setting of rules for sharing the radioelectric resource for terrestrial digital radio in band III

French Superior Audiovisual Council,
Having regard to Act no. 86-1067 of September 30, 1986 on freedom of communication, in particular articles 22, 25 and 30-2;
Having regard to the decree of January 8, 2008 on digital terrestrial radio, setting the characteristics of signals transmitted ;
Considering that the French Superior Audiovisual Council, responsible for managing and controlling the use of the spectrum under article 22 of the law of September 30, 1986, must organize the management of this resource as effectively as possible and ensure the rational use of available frequencies with a view to the development of terrestrial digital radio; that, under article 25 of the same law, the use of the radioelectric resource for the diffusion of audiovisual communication services by terrestrial radio is subject to compliance with the technical conditions defined by the French Superior Audiovisual Council concerning, in particular, multiplexing and the characteristics of the equipment used;
Considering that the procedures for sharing the radioelectric resource must be defined in order to allow optimum allocation of capacity; that these procedures must take account of the compression and diffusion norms used;
Considering that the Conseil issued an initial call for applications for digital terrestrial radio services in a decision dated March 26, 2008, amended by decisions no. 2008-802 dated September 4, 2008, no. 2009-359 dated May 26, 2009, no. 2009-837 dated October 20, 2009 and no. 2012-234 dated April 12, 2012; that it is responsible for setting the quantity of resources required to show a radio service;
After deliberation,
Decides :
Article 1

The share of the radioelectric resource allocated to each radio service is determined as follows:
104 thousandths for each radio service authorized to show using the T-DMB norms.
The authorizations issued to service editors specify the norms used to show the services and list this decision.
Article 2

In order to facilitate the implementation of differentiated sound coding or specific associated data, publishers' authorizations make provision for each service to contractually exchange part of the resource allocated to it with one or more services present within the same multiplex. Such contractual agreements must be concluded on fair, reasonable and non-discriminatory terms, in accordance with the provisions of article 30-2 of the amended law of September 30, 1986.
Article 3

The present decision will be published in the Journal officiel de la République française.

Paris, January 15, 2013.

For the French Superior Audiovisual Council :

Le président,

M. Boyon