Opinion of May 6, 2003 on the draft decree on local DTT channels

On May 6, 2003, the Conseil delivered its opinion to the Minister of Culture and Communication on the draft decree amending decrees no. 92-280 of March 27, 1992 and no. 2001-1333 of December 28, 2001, implementing articles 27, 33, 70 and 71 of law no. 86-1067 of September 30, 1986.

The French Superior Audiovisual Council has been browsed by the government, in accordance with the last paragraph of article 27 of law no. 86-1067 of September 30, 1986, as amended, on a draft decree concerning local television services shown by terrestrial broadcasting in digital mode, and has issued the following opinion.

Article 1 sets the maximum duration of advertising messages applicable to local television services broadcast by terrestrial hertzian means in digital mode. This duration is based either on the regime for cable and satellite channels, or on that for national terrestrial channels, depending on whether the service in question covers a geographical area with a population inventory of less than or more than ten million inhabitants. Local television services broadcasting by terrestrial broadcasting method in digital mode will thus benefit, when they are shown in a catchment area of ten million inhabitants or less, from an additional three minutes of advertising per hour on average per day compared with national terrestrial television services.

However, as made provision for in article 15 in fine of decree no. 92-280 of March 27, 1992, for cable and satellite channels that cannot be received outside the national territory, the maximum duration of advertising messages on local TV channels in digital terrestrial mode should be increased to 12 minutes per hour of airtime on average per day, and 15 minutes per given hour. This is currently conventional practice for local analog terrestrial television services.

Article 2 of the draft decree extends to local channels the scope of application of Decree no. 2001-1333 of December 28, 2001, laying down the general principles governing the broadcasting of services other than radio by terrestrial hertzian means in digital mode. As with analog television, local terrestrial services broadcast in digital mode to less than ten million inhabitants are exempt from any obligation to contribute to audiovisual and cinematic production, due to the rules governing the definition of the basis for this obligation. In addition, for cinema services, the French Superior Audiovisual Council may set by agreement a contribution level and a share of independent production that are lower than those applicable to national services.

This kind of flexibility for local terrestrial television services shown in digital mode should be conducive to the rapid development of the sector. The French Superior Audiovisual Council is therefore pleased to note the government's clear intention to encourage the creation of new local channels with the launch of digital terrestrial broadcasting. In particular, the Conseil Supérieur de l'Audiovisuel welcomes the possibility of reducing, by agreement, the audiovisual production obligations of local channels showing cinematic productions on an exclusive basis. These schemes are of particular interest to services carrying Canal+ programming in overseas France, such as Canal Antilles and Canal Polynésie. The draft decree supplies them with additional flexibility, enabling the French Superior Audiovisual Council to adapt their audiovisual production obligations to their specific programming by means of an agreement.

The French Superior Audiovisual Council notes that the above-mentioned schemes are a partial response to the concern it has consistently expressed for the creation of a favorable environment for the development of local television stations. It therefore approves of the exemption from any obligation to contribute to audiovisual and cinematic production, and would like to see the duration of commercials aligned with the rules applicable to local cable channels.

The French Superior Audiovisual Council recalls that it will in any case be required to take into account the commitments made by candidates in terms of production and diffusion of audiovisual and cinematographic works under the selection criteria provided for in article 30-1 of the amended law of September 30, 1986.

Consequently, the French Superior Audiovisual Council issues a favorable opinion on the draft decree submitted by the government, subject to the above observations.