French Superior Audiovisual Council opinion of June 23, 2009 on the modification of the decree of July 4, 2003 on the breakdown and pre-financing of the cost of frequency redevelopment
Opinion no. 2009-7 of June 23, 2009 concerning a draft decree amending decree no. 2003-620 of July 4, 2003 implementing article 30-1 of law no. 86-1067 of September 30, 1986 on the breakdown and pre-financing of the cost of frequency upgrades.
The French Superior Audiovisual Council, meeting in plenary session on June 23, 2009, was seized by the Government of a draft decree amending decree no. 2003-620 of July 4, 2003, implementing article 30-1 of law no. 86-1067 of September 30, 1986, on the breakdown and pre-financing of the cost of frequency upgrades, and issued the following opinion.
The French Superior Audiovisual Council notes the limited scope of the amendments contained in the draft decree, given that they will only apply to the last analog rearrangements to be carried out.
In particular, with regard to the definition of the cost of frequency upgrades, which includes the cost of equipping private households with equipment to receive analog terrestrial television services, the Conseil regrets that this scheme, which would have avoided the need for frequency substitution and reduced the cost of spectrum upgrades to be borne by digital terrestrial television service editors, is being implemented at a time when the switchover to "all digital" is already well underway. In any case, the Board considers that, if this provision is maintained, the decree should be more precise on its terms of application, and that it should make the implementation of the scheme to defray the cost of equipment for private individuals conditional on the Board's decision to give priority to this approach over frequency substitution.
With regard to Title II, concerning the methods for breaking down the cost of frequency upgrades between digital terrestrial television service editors, the Board approves the amendments contained in the draft decree, which are designed to isolate the costs of upgrades linked to the deployment of personal mobile television services, and which take into account the specific characteristics of each service, in particular its coverage area. Finally, he welcomes the fact that the draft decree makes provision for a contribution per diffusion format.
Over and above the changes proposed in the draft decree, the Board notes that the draft decree proposed by the Government does not make provision for breakdowns in the cost of digital frequency upgrades. The Board believes it is essential that a comprehensive review be carried out as soon as possible, to establish an indisputable legal manager for the allocation of expenditure linked to digital rearrangements intended to roll out digital terrestrial television, as part of the transition to "all digital", and personal mobile television, as well as to free up the sub-band allocated to mobile services.
Paris, June 23rd 2009.
For the French Superior Audiovisual Council :
Le président,
M. Boyon