Form to modify an already authorized radio

Developments in authorized terrestrial radio services may lead radio stations to demand modifications to their current authorizations or agreements. These changes may concern programs (change of radio station name, duration of local interest program, French song quotas), the artificial person (change of capital, governing bodies), technical settings (power, frequencies, antenna height and pattern, transmission sites).

These modification requests are examined under the terms of article 42-3 of the law of September 30, 1986 on freedom of communication.

The first paragraph of this article makes provision for "the authorization to be revoked, without prior notice, in the event of substantial modification of the data on the basis of which the authorization was issued, in particular changes in the composition of the share capital or management bodies, or in financing arrangements". According to case law, the decision by which Arcom approves a modification demand is covered by these schemes, even though it is not provided for in any text. By giving its approval, the Authority implicitly declares that the proposed modification is not such as to lead to the withdrawal of the radio station's authorization.

The new wording of article 42-3 of the amended September 30, 1986 law, as amended by law no. 2004-669 of July 9, 2004 on electronic communications and audiovisual communication services, also makes provision for Arcom to authorize changes in ownership and, where appropriate, a change in category, without recourse to the tender procedure. In order to avoid destabilizing the radio landscape, the legislator has decided to regulate this possibility. Thus, changes in ownership and category, which are not subject to a call for candidates, must remain exceptional.

In particular, Arcom can only grant approval after verifying that the planned operation is compatible with " the preservation of the balance of the advertising markets, particularly at local level ", and after ensuring that the criteria set out in article 29 of the law of September 30, 1986 are met (safeguarding the plurality of socio-cultural currents of expression, diversification of operators, avoidance of abuse of dominant positions and practices hindering the free exercise of competition, etc.). In addition, changes in ownership and category are not open to community-based services providing local social communications, nor to independent local, regional and thematic services.

Arcom considers it necessary to have an overall view of the projects that interested operators are likely to submit to it, which it will examine after obtaining the opinion of the territorial delegations.