Creation and regulation of a TV channel

The public sector has priority access to all the resources it needs to show its television services.

This is the case for France Télévisions, whose public service missions are defined by a set of specifications, as well as for La Chaîne Parlementaire and Arte.

The private sector , on the other hand, has to submit to calls for tender. A public consultation and an impact study are organized prior to a call if the authorizations are likely to significantly modify the market in question.

To find a call for applications, go to the Frequency managementsection .

There are several stages in the proceedings:

1. Launching the call for applications

Arcom launches a call for tenders and defines its characteristics:

• the geographical area concerned: national or local ;
• the characteristics of the services concerned by the call: free-to-air or pay TV services, generalist or thematic, full-time or timeshare;
• where appropriate, programming obligations linked to the characteristics of the services concerned by the call.

Once the call has been launched, applicants have several weeks in which to compile their applications.

2. Admissibility of applications

Arcom draws up a list of eligible candidates. They must comply with the following conditions:

• Applications must be submitted by the deadline set out in the call for applications;
• the project must correspond to the text of the call for applications;
• the candidate artificial person actually exists or, failing that, has taken the necessary steps to acquire legal personality.

The list of eligible candidates is published in the Journal Officiel.

3. Hearing of candidates

Each candidate attends a public hearing before Arcom. They are summoned to present their project and answer questions from members of the Authority.

4. Drafting of agreements

Following the public hearings, Arcom selects the candidates it intends to authorize, and makes this information public.

An agreement is drawn up to define the obligations and commitments specific to the service, in accordance with the conditions set out in the call. This agreement takes into account the specific features of the application file that led to its selection.

5. Issuing authorizations

Arcom issues authorizations to applicants with whom it has signed an agreement, and notifies unsuccessful applicants of their rejection.

The law sets out precisely the criteria that Arcom must take into consideration when issuing authorizations:

• the ability to meet the expectations of a wide audience and encourage rapid development of digital terrestrial television ;
• the need to ensure genuine competition and diversity of operators ;
• the need to safeguard plurality in socio-cultural expression
• experience acquired by candidates;
• commitments regarding the production and diffusion of audiovisual and cinematic works ;
• commitments regarding territorial coverage;
• the coherence of proposals in terms of grouping and choice of service distributors ;
• service financing and operating prospects.

Authorizations granted to television services outside the public sector are valid for a maximum of ten years (cf. Article 28-1 of the law of September 30, 1986).

Authorizations may be renewed for a further five years. The procedure then makes provision for Arcom to issue a decision eighteen months before the expiry of the authorization, and to publish its reasoned decision on whether or not to use the renewal procedure without a call for applications.

In the event of renewal, Arcom must sign a new agreement with the service editor within the following nine months.

The initial authorization cannot be renewed if :

• the State has changed the destination of the frequency or frequencies allocated to the station ;
• the Authority considers that the legal sanctions imposed on the licensee justify, by virtue of the seriousness of the conduct for which they were imposed, that the license should not be renewed without a call for applications;
• the AMF considers that the renewal of the authorization undermines the need for national or regional plurality;
• the licensee's financial situation does not allow it to continue operating under satisfactory conditions;
• it was issued under a management lease.

In accordance with decree no. 2005-1355 of October 31, 2005, distributors must make a declaration to the French regulatory authority for audiovisual and digital communication, with the exception of those serving fewer than 100 households.

National distributors

Local distributors

Overseas France distributors

The initial declaration of a distribution supply must be made before it is marketed, and must take into account the Authority's objection period, as mentioned above.

The declaration must be made using this form.

It must include :

• the information specified in article 8 of the decree of October 31, 2005 (corporate form, name, registered office address and amount of capital in particular).
• details of the supply structure for numbered supplies. Article 3 of the decree of October 31, 2005 stipulates that, for distributors marketing the programs of service editors authorized under article 30-1 of the law of September 30, 1986, the declaration must also include "a letter of intent to enter into a distribution agreement from a television service whose financing summons remuneration from users". Download the service plan and reference document templates.

For unnumbered supplies, we recommend that you send Arcom a document presenting the criteria used to organize the service plan.

The distributor should send the form, together with any other relevant documents, to the following addresses:

By e-mail

Or by post to

ARCOM - French regulatory authority for audiovisual and digital communication

Television and Video on Demand Department

Daum.n

9 rue Brahms - CS 12603

75131 PARIS Cedex 12

Prior to any proposed modification to a supply, service plan or reference document, the distributor must also make a declaration to Arcom, in accordance with article 34 of the law of September 30, 1986 (subject to the same time limit for opposition by the regulator).

The distributor communicates the new service plan and the new reference document to the Autorité, specifying the changes made and justifying them where appropriate.

It sends this declaration of modification by e-mail (without re-attaching the form), together with any useful documents, to the following addresses:

By e-mail

Or by post to

ARCOM - French regulatory authority for audiovisual and digital communication

Television and Video on Demand Department

Daum.n

9 rue Brahms - CS 12603

75131 PARIS Cedex 12

Any questions or requests for information concerning the obligations of distributors of audiovisual supplies in France under the law of September 30, 1986 may be addressed to Arcom at the following address.

The distributor must comply with criteria that guarantee the fair, transparent, homogeneous and non-discriminatory nature of the supply presentation.

In the case of a numbered supply, the distributor must organize its supply taking into account logical DTT numbering and according to thematic blocks, in compliance with the provisions of the deliberation of February 15, 2017.

Browse the reference texts:

• Article 2-1 of the law of September 30, 1986
• Article 34-4 of the law of September 30, 1986
• Deliberation of February 15, 2017
• Decree of October 31, 2005

Takeover of public service channels

Pursuant to articles 34-2 and 45-3 of the French law of September 30, 1986, any distributor of services on a network not using terrestrial frequencies assigned by the Authority, operating in mainland France, is required to make the linear stream of France Télévisions (France 2, France 3, France 4, France 5, franceinfo:), Arte, TV5 Monde and La Chaîne Parlementaire channels available free of charge to its subscribers in mainland France.

Specific schemes apply to overseas France.

If the distributor offers a supply including high-definition TV services, it must make the high-definition services of France Télévisions, Arte, TV5 Monde and La Chaîne Parlementaire available to its subscribers free of charge.

Takeover of France Télévisions' overseas services

Article 34-2 of the law of September 30, 1986 also requires that overseas distributors take over the overseas services of the national broadcaster France Télévisions (Outre-mer la 1ère).

Takeover of free DTT channels

Article 34-4 of the French law of September 30, 1986 makes provision for a distributor to make free national DTT channels available to users, if publishers so demand, under fair, reasonable and non-discriminatory conditions.

Takeover of Local Public Initiative Services (SIPL)

The French General Code of Local Authorities allows local authorities or their groupings to publish, directly or indirectly, a local or regional television service. If the local authority does not publish the service itself, a contract of objectives and means (COM) is signed with the artificial person in charge of publishing. The service is intended to provide information on local life, and as such qualifies as a local public-initiative service (SIPL), governed by the decree of October 31, 2005.

SIPL is available on networks other than satellite, for distribution in the area corresponding to the geographical limits of the local authorities concerned or, failing that, throughout the country by national distributors who do not have localized supplies.

Transfer of national and local DTT services to cable and satellite antenna services

Article 98-1 of the French law of September 30, 1986 makes provision for an "antenna service" via satellite, providing free-to-air national DTT supplies. This supply is primarily aimed at households unable to receive terrestrial DTT.

Under the scheme, publishers are required to make their entire program supply available to at least one distributor or satellite network operator, who must then offer it to the public without requiring rental of a set-top box or subscription.

In addition, the publishers concerned may not oppose the takeover of their signal by any distributor or operator constituting such a supply. The takeover must be at the latter's expense.

Distributors of audiovisuel communication services are subject to obligations to protect the public with regard to the supplies they offer.

Public protection obligations

Prohibition on the resumption of services that are prohibited on the grounds that they undermine consumer protection (services designed to promote alcohol, tobacco or gambling), or human dignity (prohibited fight sports, extreme programs).

Protecting youngsters

• Restriction of access by persons under 18 to programs based on age and program classification (deliberation no. 2011-64 of December 20, 2011 on the protection of young audiences, ethics and accessibility of programs on on-demand audiovisual media services);
• The implementation of dubbed blocking where appropriate;
• Appropriate warnings on services aimed at audiences under 3 (see Deliberation no. 2008-85 of July 22, 2008).

Obligations relating to ccessibility schemes

Arcom ensures that channels make their programs accessible to people with hearing or visual impairments.

• It is the distributor's responsibility to ensure that, for television or radio services whose provider is established in France, the formalities stipulated in article 33-1 of the law of September 30, 1986 (agreement or declaration) have been carried out.
• In the case of services whose publisher is not established in France, it is the distributor's responsibility to check that they have not been the subject of any measures impeding their distribution or diffusion in France, either by Arcom (provisional suspension of the retransmission of a service falling within the competence of another member state of the European Union or party to the agreement on the European Economic Area, in application of article 43-8 of law no. 86-1067 of September 30, 1986) or by Arcom (provisional suspension of the retransmission of a service falling within the competence of another member state of the European Union or party to the agreement on the European Economic Area, in application of article 43-8 of law no. 86-1067 of September 30, 1986), or by Arcom (provisional suspension of the retransmission of a service falling within the competence of another member state of the European Union or party to the agreement on the European Economic Area, in application of article 43-8 of law no. 86-1067 of September 30, 1986); service having been the subject of a formal notice sent to a satellite operator or distributor to cease its diffusion) or that of the European Union (legal sanctions subject to decisions and implementing regulations published in the Official Journal of the European Union).

Article 43-8 II of the law of September 30, 1986 details the conditions under which the suspension of retransmission may be decided by Arcom. The proceedings are governed by decree no. 2021-1923 of December 30, 2021.

III of the same article also allows Arcom to suspend retransmission of a television service falling within the competence of another State party to the European Convention on Transfrontier Television of May 5, 1989, under the conditions laid down by this convention.

What is the regime applicable to television services falling within the competence of other member states of the European Union or the European Economic Area?

The framework of the Audiovisual Media Services Directive 2010/13/EU of March 10, 2010 (AVMS Directive), as transposed into French law no. 86-1067 of September 30, 1986 on freedom of communication (1986 Law), applies.

Television services falling within the competence of other member states of the European Union (EU) or the European Economic Area (EEA) can be shown freely in France on networks not using frequencies allocated by Arcom - i.e. by satellite or wire - without any prior formalities (article 43-7 of the 1986 law). These services must comply with the applicable law of their competent state, and may be freely received in other EU and EEA member states.

Article 43-7 of the French law of September 30, 1986, transposing Article 13 of the AVMS Directive 2018/1808, now makes provision for a contribution to the production of audiovisual and/or cinematic works, by way of derogation from the country-of-origin principle, for services published abroad but targeting France.

These publishers have the option of signing an agreement with Arcom to define the specific terms of these contribution obligations. In the absence of an agreement, the Authority will notify them of all the obligations arising from the national legislative and regulatory manager.

By way of reciprocity, services established in France targeting another European Union territory may be subject to contribution obligations set by that Member State.

However, by way of exception, in the event of manifest, serious and repeated breaches by one of these television services (these breaches concern the prohibition of incitement to hatred and violence, and the protection of person under 18), Arcom can temporarily suspend its retransmission (article 43-8 of the 1986 law and decree no. 2010-1593 of December 17, 2010).

Arcom can also act in the event of the establishment, in another EU member state or party to the EEA agreement, of a television service wholly or mainly intended for the French public, with the main aim of evading French rules (article 43-10 of the 1986 law and decree no. 2010-1593 of December 17, 2010).

What is the regime applicable to extra-European television services (outside the EU, EEA and CETT)?

Article 2.4 of the Audiovisual Media Services Directive 2010/13/EU of March 10, 2010 (AVMS Directive) lays down the technical criteria for bringing non-EU audiovisual media service providers established outside the European Union (EU) under the jurisdiction of an EU Member State (MS).

Such a service is deemed to fall within the competence of a MS:

1. if it uses a satellite uplink located in that MS ;
2. if, although it does not use a satellite uplink located in that MS, it uses satellite capacity belonging to that MS.

These criteria have been transposed into article 43-4 of the law of September 30, 1986.

Each MS ensures that all services under its jurisdiction comply with the rules of the law applicable to services intended for the public in that MS (article 2.1 of the directive).

France is thus responsible for a large number of extra-European satellite television services received in Europe, either because their uplink is located in France, or because they are broadcast via satellite capacity belonging to the French operator Eutelsat.

These services can be shown by networks not using frequencies assigned by Arcom - i.e. by satellite or wire - without any prior formalities. Act no. 2006-64 of January 23, 2006, on the fight against terrorism and various provisions relating to security and border controls, put an end to the Arcom-assigned frequencies scheme that previously prevailed.

They are now subject to the obligations of the 1986 law and to Arcom control (III of article 33-1 and article 43-2).

Satellite operators whose activities fall within the competence of France, and distributors, are responsible for informing service editors of the regime applicable to them.

In practice, in the a posteriori control it carries out on its own initiative, or if it receives a complaint, Arcom monitors in particular compliance with obligations in the fields of incitement to hatred and violence, protection of persons under 18 and respect for human dignity.

In the event of non-compliance, Arcom can initiate proceedings with service editors or satellite operators to put an end to the breach (Articles 42, 42-1 and 42-10 of the 1986 law): warning letter, formal notice to inform the channel of the rules applicable to it, formal notice to cease broadcasting the problematic content, formal notice to cease broadcasting the television service, submission of a case before the court to the Conseil d'État for an interim order to cease broadcasting the television service by an operator.

In application of article 43-7 of the 1986 law, television services falling within the competence of another Member State of the European Union or party to the Agreement on the European Economic Area, as well as television services falling within the competence of another State party to the European Convention on Transfrontier Television (ECTT), may be shown in France by satellite or wire without prior formalities.

As the United Kingdom, like France, is a Party to the ECTT, television services established there, within the meaning of Article 5 of this Convention, continue to benefit from this option, in accordance with the provisions of the ECTT, Article 4 of which makes provision for the Parties "to guarantee freedom of reception and not to oppose the retransmission on their territory of program services which comply with the provisions of this Convention ". Reciprocally, the United Kingdom ensures freedom of reception on its territory of television services falling within the competence of other States party to the ECTT, including European Union member States party to the ECTT, such as France. Television services from non-ECTT member states must comply with the formalities requested by Ofcom for reception in the UK.

Some member states of the European Union and the European Economic Area have not signed or ratified the ECTT.

In these countries, a television service established in the UK can benefit from the freedom of reception clause provided for in Article 4 of the ECTT, and the legal situation is examined solely in the light of the AVMS Directive and the national legislation in force in each of these countries.

Each of these States is thus justified in considering that this service, established in the UK, a third State, is deemed to fall within the competence of an EU Member State by virtue of article 2-4 of the AVMS Directive (provisions transposed in France in article 43-4 of the law of September 30, 1986), if it uses an uplink to a satellite located in a Member State or, failing that, if it uses satellite capacity belonging to a Member State.

As a result, this television service may fall under French jurisdiction by virtue of the fact that its link is located in France, or that it is shown in Europe via satellite capacity belonging to the French operator Eutelsat.

The French legal regime applicable to extra-European television services under French jurisdiction makes provision for them to be shown by satellite and wire without any prior formalities (article 33-1 III). However, they must abide by the law of September 30, 1986, and are subject to Arcom control (articles 43-2 and 33-1, III) (see point 2 above).

Contact

European and International Affairs Department

+33 (0)1 40 58 36 28