Opinion of November 9, 2011 on draft legislation to abrogate DTT "compensatory channels

Opinion no. 2011-17 of November 9, 2011 on draft legislation to abrogate DTT "compensatory channels

On November 9, 2011, the Council issued a favorable opinion on a draft legislation submitted by the Government to abrogate the "compensatory channels" scheme for digital terrestrial television.

The principle of allocating "compensatory channels" to the editors of the three national television services TF1, Canal+ and M6 was established by the law of March 5, 2007 on modernising audiovisual diffusion. In an opinion dated July 11, 2006, the French Superior Audiovisual Council expressed reservations about the proposed scheme.

The French Constitutional Council ruled that the allocation of these channels did not constitute manifestly disproportionate compensation in relation to the damage suffered by the three channels in question when digital television was launched. But on November 24, 2010, the European Commission issued a formal notice to France, finding that the scheme was incompatible with European directives. And on September 29, 2011, it enjoined the French authorities to put an end to this breach.

The draft legislation referred to the Council aims to abrogate the "compensatory channels" scheme provided for in article 103 of the French law of September 30, 1986 on freedom of communication. In the Council's view, this draft legislation removes the uncertainties likely to hamper the development of digital terrestrial television.