Radio creation and regulation

All frequency authorizations for FM or DAB+ diffusion by public radio stations are allocated by Arcom.

National program companies such as Radio France, France Médias Monde and France Télévisions have priority in the allocation of the additional frequencies they need to fulfill their public service missions.

Priority reservation is requested by the government, and no call for applications is necessary.

There are two procedures for issuing licenses to private radio stations:

• the call for applications, described below, which enables authorizations to be issued that are valid for several years and can be renewed;
• a temporary demand for permission, valid for a maximum of nine months and not immediately renewable.

Summoning applications for competitive bidding

Arcom issues a call for tenders to authorize private radio stations to broadcast on the FM or DAB+ bands. The proceedings are designed to encourage competitive bidding for frequencies. The call for tenders covers specific geographical areas, indicates the list of available frequencies and is aimed at predefined categories of radio stations (A, B, C, D, E), embracing the diversity of programming and the conditions under which radio stations operate.

Public consultation and impact study

The call for applications may be preceded by a public consultation and an impact study if the decisions to authorize use of the radioelectric resource are likely to significantly modify the market in question.

When Arcom decides to summon applications, it sets out the terms and conditions in a decision that is published in the Journal officiel de la République française and on its website to ensure transparent competition and equal treatment.

Call for FM candidates

There are six stages in the FM proceedings.

Stage 1 - Submission of applications

Each application must be submitted by the deadline set by Arcom and indicated in the relevant decision. As soon as the applications are received, the departments in charge of processing them check that they are complete.

Stage 2 - Admissibility of applications

Arcom draws up a list of eligible candidates, after receiving the opinion of the territorial delegation. Admissible candidates are those who meet the following conditions:

• applications must be submitted within the deadline set out in Chapter I of the appeal decision;
• the project's purpose corresponds to the text of the call for applications;
• the candidate artificial person actually exists or, failing this, has taken the necessary steps to acquire legal personality.

The list of eligible candidates is published in the Journal Officiel. Arcom notifies applicants whose projects have been declared inadmissible that their applications have been rejected.

Stage 3 - Candidate selection

The territorial delegation examines the files of applicants who have been declared admissible. It forwards an opinion to Arcom's central services, together with a list of candidates it considers eligible for authorization.

In the light of this opinion, Arcom makes a preliminary selection of applicants, deciding on the frequencies on which it intends to authorize them to transmit. The list of selected candidates is published on the Arcom website. Applicants are also notified of their selection.

Stage 4 - negotiation of agreements

Arcom examines with each selected candidate the specific clauses of the agreement provided for in article 28 of the law of September 30, 1986 (see standard agreements below). The specific elements of the agreement cover the following points in particular:

• duration and general characteristics of the program ;
• program format (target audience, type of music diffused, nature of non-musical programs);
• the proportion of French-language songs, new talent and new productions;
• diffusion of educational and cultural programs, and programs designed to promote different forms of artistic expression;
• the maximum amount of time devoted to advertising and sponsored programs, and the way in which they are integrated into the program.

Category A radio agreement template

Model agreement for category B radio

Model agreement radio category C

Model agreement radio category D

Model agreement for category E radio

Step 5 - Examination of transmitter sites

Applicants submit their choice of transmitter site to Arcom, completing the technical information sheet for transmitter sites for each zone in which they are selected.

The site or sites proposed by the selected candidates are approved by Arcom. Once their compatibility with the frequency plan has been checked, they can only be approved if there is no local interference on the entire FM band or on other bands, particularly those used for browsing purposes.

In all cases, the Agence nationale des fréquences must be browsed for transmitter sites .

If no site has been approved within three months of receipt of the selection notification letter, Arcom may reject the demand. However, it may determine a site in application of article 25 of the law of September 30, 1986. Failure by the applicant to accept this site within fifteen days will result in rejection of the demand.

Step 6 - Issue of authorizations and notification of rejections

Arcom grants authorizations by assessing the interest of each project for the public, with regard to the criteria set out in article 29 of the law of September 30, 1986, after having approved the agreements and broadcasting sites.

It notifies unauthorized applicants that their applications have been rejected, in accordance with the conditions laid down in article 32 of the law of September 30, 1986.

DAB + call for applications

The first 4 stages of the DAB+ application process are identical to those for FM.

Find out more about DAB+.

Stage 7 - issuing authorizations, grouping services into a multiplex and notifying rejections

Arcom grants authorizations by assessing the interest of each project for the public, in the light of the criteria set out in article 29 of the law of September 30 1986, after approving the agreements.

It groups authorized radio stations into multiplexes, and notifies unauthorized applicants that their applications have been rejected, in accordance with article 32 of the law of September 30, 1986.

Step 8 - Designation and authorization of the multiplex operator

Radio stations authorized to operate on the same multiplex have two months to jointly propose a company, summoned the "multiplex operator", which will be responsible for the technical operations required to transmit and show the signal. Failing joint designation within the statutory deadline, the authorizations granted to the publishers lapse.

Step 9 - Examination of transmission sites

The site or sites proposed by the licensed multiplex operator are approved by Arcom.

Step 10 - Setting the start date for diffusion

Once the sites have been approved, Arcom sets a start date for multiplex diffusion.

Radio broadcasting licenses are granted for a limited period of time in response to calls for applications. In principle, licences are valid for 5 years for FM diffusion, and 10 years for DAB+ diffusion.

When licenses expire, Arcom decides whether to renew them, one year before they expire. In the event of renewal, Arcom signs a new agreement with the radio station, no later than six months before the expiry of the previous authorization.

The initial authorization issued to a radio station may be renewed twice, each time for a period of five years, except :

• if the State has changed the destination of the frequency or frequencies allocated to the station ;
• if, in Arcom's opinion, the legal sanctions imposed on the licensee justify, in view of the seriousness of the acts for which the license was granted, that the license not be renewed outside the call for tenders;
• if, in Arcom's opinion, renewal of the authorization would undermine the need for national or regional plurality;
• if the licensee's financial situation does not allow it to continue operating under satisfactory conditions;
• if the service no longer meets the criteria for the category for which authorization was granted;
• In the event of failure, over several financial years, to abide by the principles set out in the third paragraph of article 3-1 of the law of September 30, 1986, as noted by Arcom in its annual report, which is made public.

Since January 2010, territorial delegations have been able to give rulings on license renewals for category A operators, and since October 2011, for category B radio stations present in their territory.

Over-the-air authorized radio services may undergo developments that require them to demand changes to their current authorization or agreement. These modifications may concern :

• programs (change of radio station name, general programming characteristics, duration of local interest programs, programs provided by third parties, advertising, French song quotas, etc.);
• the artificial person (changes to capital, articles of association, governing bodies, etc.);
• the holder and category of the broadcasting license (this option is not available to associative services fulfilling a local social communication mission, or to independent local, regional and thematic services);
• technical settings (power, frequency, antenna height and pattern, transmission site).

Technical information sheet on transmission sites

Article 42-3 of the law of September 30, 1986 on freedom of communication 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 and in the financing arrangements" (paragraph 1) and that "without prejudice to the application of the first paragraph, any service editor holding an authorization issued under articles 29, 29-1, 30-1, 30-5 and 96 must obtain approval from the French regulatory authority for audiovisual and digital communication in the event of any change in direct or indirect control, within the meaning of article L. 233-3 of the French Commercial Code" (paragraph 5).

Jurisprudence accepts that the decision by which Arcom accepts a modification demand is covered by these schemes, even if it is not provided for by any text. By giving its approval or not opposing the proposed modification, Arcom implicitly declares that it is not likely to lead to the withdrawal of the radio station's broadcasting authorization.

Article 42-3 of the September 30 law also makes provision for "when the change in control concerns (...) a radio service belonging to a national broadcasting network, as defined in article 41-3, and when this change is likely to significantly modify the market in question, the approval is preceded by an impact study, notably economic, made public in compliance with business secrecy. / If it deems it useful, the French regulatory authority for audiovisual and digital communication may carry out such a study for other authorized services".

Article 28 of the law of September 30, 1986 stipulates that "the issue of authorizations for the use of radioelectric resources for each new service broadcast by terrestrial radio (...) is subject to the conclusion of an agreement between the French regulatory authority for audiovisual and digital communication on behalf of the State and the person requesting permission. / With due regard for the honesty and plurality of news and programs, and for the general rules laid down in application of the present law, in particular article 27, this agreement lays down the specific rules applicable to the service, taking into account the extent of the area served, the service's share of the advertising market, respect for equal treatment between the various services and the conditions of competition specific to each of them (...). / The agreement covers in particular one or more of the following points: 1° The duration and general characteristics of the own program; 2° bis. The substantial proportion of French-language music or music performed in a regional language used in France (...); 10° The maximum amount of time devoted to advertising and sponsored programs, and the arrangements for their inclusion in programs (...). / The agreement referred to in the first paragraph also defines the prerogatives and, in particular, the contractual penalties available to the French regulatory authority for audiovisual and digital communication to ensure compliance with contractual obligations. (...) Any amendment to the agreement of a national television service authorized under article 30-1, or of a radio service belonging to a national broadcasting network within the meaning of article 41-3, which is likely to significantly modify the market in question, shall be preceded by an impact study, which shall be made public. / If it considers it useful, the French regulatory authority for audiovisual and digital communication may carry out such a study for other authorized services".

According to case law, "the French regulatory authority for audiovisual and digital communication is obliged to reject a request from the holder of an authorization to operate a radio service that the agreement governing the service be amended with regard to the program to be shown, if the requested amendment is substantial in nature, by reason of its purpose or scope; that, if this is not the case, it is up to the French regulatory authority for audiovisual and digital communication, under the control of the judge, to assess whether the public interest allows it, with regard to the priority imperatives mentioned in article 29 of the law of September 30, 1986, notably the safeguarding of the plurality of socio-cultural currents of expression, and taking into account, in particular, the criteria mentioned in 4° and 6° of the same article, to agree to modify the agreement".

For a temporary authorization, the demand must be made to the territorial delegation in whose jurisdiction the diffusion zone is located.

A file will be sent by this territorial delegation to operators who request it by telephone or post. A minimum period of three months must elapse between submission of the file and the planned start of the diffusion.

The file to be returned to the territorial delegation must include the following elements:

• a candidate identification form
• a letter of application and motivation;
• detailed program specifications (and, if possible, a program schedule);
• the radio station's budget or financing conditions;
• technical characteristics of the broadcast;
• the draft agreement, completed, initialled and signed by the president or manager.

Authorization is conditional on the signing of an agreement between the regional delegation and the operator.

Any broadcast period exceeding one month is published in the Journal Officiel.

Under the provisions of the diffusion period, the operator must submit a report on the radio's activity to the territorial delegation.

Application form for a temporary radio station

Model agreement for a temporary radio station

Technical information sheet for a temporary radio

Cases where temporary radios will not be authorized

The law stipulates that temporary authorizations "may in particular be granted on the occasion of demonstrations, exceptional events or during tourist periods" (cf: Article 28-3 of the law of September 30, 1986 on freedom of communication).

In addition to the absence of available frequencies in the area requested, and in accordance with case law, a temporary authorization demand may be rejected in particular:

• because it is submitted by a candidate in the context of an ongoing managerial call for the survival of a frequency;
• because it does not correspond to a temporary project for an exceptional event, but rather to a call for applications;
• because it would have the effect of draining the advertising market to such an extent as to jeopardize the financial equilibrium of radio stations already authorized.

A temporary authorization cannot be immediately renewed beyond its maximum duration of nine months.

To be shown or distributed by a network not using frequencies summonsed by Arcom, a radio station must :

• sign an agreement with Arcom when the publishing artificial person's annual sales exceed 75,000 euros;
• register with Arcom if the publishing artificial person's annual sales are less than 75,000 euros.

In addition, agreement is not required if the service consists of the full and simultaneous transmission of a service with a terrestrial terrestrial authorization.

Temporary services are also subject to the declaration or agreement proceedings.

Applicable legal and regulatory provisions:

• articles 1 to 3 of law no. 86-1067 of September 30, 1986 on freedom of communication;
• article 33-1 of law no. 86-1067 of September 30, 1986 on freedom of communication;
• decree no. 2021-1927 of December 30, 2021 concerning providers of radio services distributed by networks not using frequencies summonsed by Arcom.

As audiovisuel services, contracted services are subject to the provisions of articles 1 to 3 of law no. 86-1067 of September 30, 1986 on freedom of communication.

In addition, the agreement signed for these radio stations sets out :

• its period of validity, up to a maximum of ten years ;
• the proportion of French-language music or music performed in a regional language used in France, for service editors whose programming devoted to variety music accounts for more than 50%, within a maximum period of five years from the date of the first agreement. As for terrestrial broadcasters, the applicable quotas are 40% French-language songs, and at least 20% from new talent or new productions.

By way of derogation, different proportions may apply to radio stations with specific formats:

• for radio stations specializing in the promotion of musical heritage, these proportions are set at 60% French-language titles, including a percentage of new productions of up to 10% of the total;
• for radio stations specializing in the promotion of youngsters, these proportions are set at 35% of French-language titles, with at least 25% of the total coming from new talent;
• for radio stations specializing in musical discovery, which show at least a thousand different titles in a given month, at least half of which are new productions, with each of these titles being broadcast no more than a hundred times over the same period, the quota to be met is a minimum of 15% of new French-language productions or new French-language talent.

If the service offers several simultaneous radio programs, the proportions can be calculated globally on all programs that devote more than 50% of their total diffusion time to variety music.

As audiovisuel services, declared services are subject to the provisions of articles 1 to 3 of law no. 86-1067 of September 30, 1986 on freedom of communication.

Arcom provides the public with a notice of presentation of a file with a view to a declaration or a demand for agreement for a radio service on the Internet.

Download the web radio registration form

The information requested is used to determine, first of all, whether the service is subject to agreement or declaration.

Arcom makes its decision on the demand within two months of receipt of the complete file.

The file to be completed covers three points:

• identification of the artificial person publishing the service (form, name, registered office, composition of the board of directors or management body);
• general description of the service (format, presentation, language of diffusion, program composition, maximum daily duration of advertising);
• how the service will be financed.

For contracted services

A ten-year agreement is signed with the publisher.

Arcom's control covers the following points :

• economic information, through the transmission of financial accounts and an annual report for each financial year;
• programs, by keeping one month's recordings of the corresponding broadcasts and diffused conductors, which must be supplied to the Authority on request;
• information on compliance with obligations, in particular by means of an annual activity report on the conditions under which obligations have been fulfilled, to be submitted by March 31 of each year at the latest, and the supply of contracts concluded for the supply or sale of programs.
  

Six months before the end of the agreement, the publisher informs Arcom of any changes it would like to see made to the agreement, if a renewal is requested.

For declared services

Publishers receive a notification letter asking them to provide a report with the publisher's financial accounts by March 31 of each year. The purpose of this information is to determine whether the service should continue to be subject to the declaratory system, or whether it should henceforth be subject to the conventional system.