French Superior Audiovisual Council opinion of July 21, 2009 on a draft decree and a draft order relating to the fund to support continuity of television reception

Opinion no. 2009-11 of July 21, 2009 on a draft decree and a draft order for the application of article 102 of law no. 86-1067 of September 30, 1986 and relating to the fund to support the continuity of reception of free-to-air television services after the end of their analog broadcasting.


On July 15, 2009, the French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel), meeting in plenary session on July 20, 2009, was asked by the French government to approve a draft decree and a draft order for the application of article 102 of law no. 86-1067 of September 30, 1986, relating to the fund to support the continuity of reception of free-to-air television services after the end of their broadcasting in analog mode. The Conseil supérieur de l'audiovisuel issued a favorable opinion, subject to the following reservations.

The Conseil noted that, among the conditions for granting aid mentioned in article 4 of the draft decree, it is made provision for the households concerned to be located in a geographical area in which the date of switching off analog broadcasting is less than three months away. However, this deadline appears far too restrictive, for the reasons set out below.

Firstly, we need to take into account households whose analog TV reception will be disrupted, on a transitional basis, by the introduction of digital terrestrial television (DTT) at certain sites that are essential for the smooth switch-off of analog broadcasting and the transition to all-digital TV. The areas concerned are Aurillac, Besançon, Chambéry, Limoges and Privas, as well as Grenoble and Avignon, where DTT is only partially present. The introduction of DTT on these sites could lead to the specific cessation of analog diffusion on nearby secondary transmitters. It is also likely to disrupt the reception of all or part of the services shown in analog broadcasting method in a limited number of localities.

The Conseil therefore considers it essential that the households concerned should have access, with due respect for budget neutrality and the principle of equality before public authorities, to the aid planned to support them in this transition under the same conditions as for a regional switch-off.

Secondly, we need to draw the consequences of the gradual nature of the switch-off of terrestrial broadcasting in analog mode, by geographical zone, in accordance with the law. Indeed, the shift to all-digital broadcasting in a given region could create interference locally, in one or more neighboring regions, which could prevent the proper reception of all or part of the services shown in analog mode.

As in the first case above, the Conseil considers that households affected by such interference should have access, under the same conditions, to the subsidies provided for a regional shutdown, while respecting budget neutrality and the principle of equality before public charges. For its part, the Conseil undertakes to provide DTT service to the areas concerned, where eligible, before the interference occurs. Households affected by these disruptions will therefore be obliged to switch to all-digital TV in advance, under the same conditions as during a regional shutdown.

The Council also summons the Government's attention to the case of local television services. Under the provisions of the fifth paragraph of article 99 of the French law of September 30, 1986, local television services can end their analog broadcasting in advance of national television services. This means that in certain areas, there could be two different dates for the end of analog broadcasting of free-to-air television services.

Lastly, and more generally, the Conseil reminds us that the success of the switchover to all-digital broadcasting comes under the control of the level of digital reception equipment available to our fellow citizens. The necessary means must therefore be put in place to increase this equipment rate as quickly as possible, using appropriate incentives. This is why the Council proposes that article 4, paragraph 3 of the draft decree be worded as follows: "The residential premises in which the television receiver or similar scheme in question is held is located in a geographical area in which the date of switching off analog broadcasting has been set by the French Superior Audiovisual Council, or in an area defined by the latter in which analog television reception is likely to be disrupted by the introduction of digital transmitters;".

Should this first solution not be adopted, the Conseil de l'Audiovisuel considers it essential that Article 4, paragraph 3 of the draft decree be completed as follows: "or in an area, defined by the Conseil Supérieur de l'Audiovisuel, in which the reception of television in analog mode is likely to be disrupted by the commissioning of transmitters in digital mode;".

The Conseil also notes that, in article 4 of the draft decree, aid is only available to households receiving free-to-air television services in analog mode. However, given the difference in coverage between analog channels, some households receiving only TF1, France 2 and France 3 over the air have resorted to using a satellite dish to receive the other channels broadcast in analog mode (M6, France 5, ARTE, Canal+ free-to-air channels). As the regional editions of France 3 are not shown by satellite in analog mode, these households will be deprived of them when terrestrial broadcasting ceases. The Council therefore hopes that low-income households already equipped with a satellite dish, and which will equip themselves with an adapter to receive the regional editions of France 3 in digital mode, as well as the other DTT channels, will be able to benefit from an appropriate level of assistance.

With regard to the draft decree, the Council regrets the low reference tax income required to obtain aid for the acquisition of an adapter. It fears that only a very limited number of households will be able to benefit from state aid. He therefore summons the creation of a financial support scheme to help more households gain access to the necessary equipment.

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

Paris, July 21st 2009.

For the French Superior Audiovisual Council :
Le président,
M. Boyon