Key Benefits:
The Conseil supérieur de l' audiovisuel,
In view of the amended Act No. 86-1067 of 30 September 1986 on freedom of communication, and in particular Articles 28 and 30;
In view of Decree No. 90-66 of 17 January 1990 as amended for the application of the 2 ° of Article 27 and of the 2 ° of Article 70 of Law No. 86-1067 referred to above and laying down general principles concerning the dissemination of cinematographic and audiovisual works;
Decree No. 90-67 of 17 January 1990 as amended for the application of the 3 ° of Article 27 of Act No. 86-1067 and laying down general principles concerning the contribution to the development of cinematographic and audiovisual production The independence of producers vis-à-vis the broadcasters;
Having regard to Decree No 92-280 of 27 March 1992 for the application of the 1 ° of Article 27 of Law No. 86-1067 referred to above and laying down general principles concerning the regime applicable to the Advertising and sponsorship;
In light of Decree No. 2001-609 of 9 July 2001 on the application of the 3 ° of Article 27 and of Article 71 of the aforementioned Law No. 86-1067 on the contribution of television services publishers By terrestrial terrestrial analogue to the development of the production of cinematographic and audiovisual works;
In view of the decision of the National Commission on Communication and Freedoms 87-3 of 26 January 1987 as amended Defining the technical conditions for the use of the frequencies for the broadcast by terrestrial television channel of television services;
In view of the decision of the Audiovisual High Council No. 2006-214 of 4 April 2006 on an appeal to Applications for the use of frequencies for the operation of local private television services broadcast in clear terrestrial analogue terrestrial over the Issoudun area (Indre department);
Given the demand Authorisation presented on 29 May 2006 by the Public Establishment for Cultural Cooperation of Issoudun, the application package accompanying it and all the additional documents transmitted to the Conseil supérieur de l' audiovisuel;
Vu The deliberation of the Conseil supérieur de l' audiovisuel of 28 November 2006 approving the draft convention between the Conseil supérieur de l' audiovisuel and l' Etablissement public de coopération culturelle d' Issoudun;
Given the agreement concluded between The Conseil supérieur de l' audiovisuel et l' Etablissement public de coopération culturelle d' Issoudun on 6 December 2006;
Society having been heard at public hearing on 28 June 2006;
After deliberation,
Decides:
L' Etablissement public de coopération culturelle d' Issoudun, created by the prefectural decree n ° 2002-E 3570 de la Indre prefecture, on 29 November 2002, establishing the EPCCI having its registered office of Human Rights in Issoudun, 36105 (département de l' Indre), is authorized to use the frequency referred to in Annex I to this Decision for the operation of a local private television service known as BIP TV, broadcast in light by terrestrial analogue terrestrial over the area of Issoudun (Department of Indre), according to the conditions laid down in the Article 2-1-1 of the Convention in Annex II to this Decision.
The allocation of the frequency shall be subject to the conditions set out in Annex I, the beneficiary of the authorisation taking the costs of the modifications induced by those Conditions.
The duration of the authorization is ten years from March 1, 2007.
If within three months to From 1 March 2007, the establishment has not started the effective operation of the service, the Conseil supérieur de l' audiovisuel will be able to declare the authorisation lapsed.
The service will be operated for the duration of the authorization.
The operation of the service is subject to special rules, the content of which is laid down in the convention.
The institution is required to perform the service itself.
This authorization is not transferable.
This decision will be notified to the Public Establishment of Cultural Cooperation of Issoudun and published in the Official Journal of the French Republic.
A N N E X E II
C O N V E N T I O N
The responsibilities and commitments of the publisher come from the general principles laid down in Law No. 86-1067 of the 30 September 1986 as amended on freedom of communication and, in particular, respect for the dignity of the human person, the protection of childhood and adolescence, the pluralistic nature of the expression of currents of thought and opinion, The honesty of information, the quality and diversity of programmes, the development of national film and audiovisual production and creation, the defence and illustration of the French language and culture.
In Application of the provisions of article 28 and 33-1 of the Act of 30 September 1986, the parties have agreed on the following provisions.
Article 1-1
Purpose of the Convention
The purpose of this Agreement is, pursuant to section 28 And 33-1 of the Act of 30 September 1986, to lay down the special rules applicable to the BIP TV service published by the Public Institution for the Cultural Cooperation of Issoudun and the prerogatives available to the Higher Council of the Audiovisual To ensure the publisher's compliance with its obligations.
BIP TV is a local television service in the vicinity of the Issoudun metropolitan area (Indre department).
In Application of Article 33 (1) of the Act of 30 September 1986, the service may be repeated in a full and simultaneous manner on networks not using frequencies assigned by the High Audiovisual Council when such recovery Does not have the effect of bringing the population of the catchment area to more than 10 million. If the full and simultaneous recovery has the effect of bringing the population of the area served to more than 10 million inhabitants, an amendment to this Convention shall be concluded, pursuant to Article 33-1 of the Act of 30 September 1986, above, To take into account the specific obligations arising from such dissemination.
Item 1-2
Editor
At the date of signature of this agreement, the publisher is the public institution Of the cultural cooperation of Issoudun, created by the Prefectural Order No. 2002-E-3570 of the prefecture of Indre, on 29 November 2002, establishing the EPCCI and the statutes of the public establishment dated and signed on 6 August 2003. Its head office is fixed place des Droits-de-l ' Homme, in Issoudun, 36105 (department of the Indre).
As shown in Annex 1 to this Convention, as presented on that date:
-the copy of the Prefectural Order No. 2002-E-3570 establishing the EPCCI;
-the composition of the board of directors of the EPCCI;
-the copy of the contract of objectives and means concluded on 10 October 2006 between the Community of communes of the country of Issoudun (CCPI) and The Public Establishment of Cultural Cooperation of Issoudun (EPCCI) defining relations with the publisher of the service, in accordance with Article L. 1426-1 of the General Code of Local and Regional Authorities;
-the name of the Director of the publication, at Meaning of article 93-2 of Act No. 82-652 of 29 July 1982.
The publisher shall inform the High Audiovisual Council as soon as possible of any changes to the data contained in this Article and any changes affecting it The control at which the institution or one of its members is submitted.
I.-SERVICE DISSEMINATION
Item 2-1-1
Resource Usage Rules
The publisher may not, unless specifically authorized, use the resources allocated to it for any use other than the one Provided for in this Agreement.
The publisher undertakes to operate a television service that is broadcast in clear terrestrial analogue terrestrial radio, known as BIP TV, broadcast 18 hours daily, under the conditions set out in the article 3-1-1 (I: Programs, Part III).
The service will be operated for the duration of the authorization.
In accordance with the third paragraph of Article 30-1-III of the Act of 30 September 1986, as amended by Act No. 2004-669 of 9 July 2004, Relating to terrestrial digital terrestrial television, without prejudice to the provisions of Articles 1, 3-1 and 26, the Higher Audiovisual Council shall authorise the full and simultaneous resumption of the service covered by this Convention if The applicant shall, in fact, apply to the applicant and if such recovery is in accordance with an identical principle as regards the use of remuneration on the part of the users.
The publisher agrees to bear the cost of redevelopment or Necessary adaptations to preserve the broadcasting quality of television services regularly exploited in the area.
The assumption of any part of these costs by local and regional authorities is subject to The prior agreement of the Conseil supérieur de l' audiovisuel.
The publisher shall communicate to the Conseil supérieur de l' audiovisuel the conventions concluded with the body or bodies responsible for the production, transmission and distribution of signals.
Article 2-1-2
Territorial Coverage
The publisher ensures or ensures the broadcast of its terrestrial terrestrial programs in analog mode from all emission sites for which It has an authorisation for use of a resource in frequencies, in accordance with the technical conditions laid down in the authorisation decision.
II. -GENERAL OBLIGATIONS
2-2-1
Editorial Responsibility
The publisher is responsible for the content of the broadcasts it broadcasts.
It retains control of its antenna in all circumstances.
Item 2-2-2
French Language
The broadcast language is French. In the case of a program broadcast in a foreign language, the program results in simultaneous translation or captioning.
The provisions of the preceding paragraph shall not apply to musical works.
The editor ensures a Proper use of the French language in its broadcasts, as well as in adaptations, duplications and subtitles of foreign programs. The publisher tries to use French in the titles of its broadcasts.
Item 2-2-3
Intellectual Property
The editor respects French property law Intellectual property.
III. -DEONTOLOGICAL OBLIGATIONS
Article 2-3-1
General principle
In compliance with the constitutional principles of freedom of expression and communication and the editorial independence of the publisher, Respects the following stipulations.
For the purpose of assessing compliance with these stipulations, the Conseil supérieur de l' audiovisuel takes into account the type of program involved.
Item 2-3-2
Pluralism The expression of currents of thought and opinion
The publisher ensures the pluralism of the currents of thought and opinion, in particular within the framework of the recommendations made by the Conseil supérieur de l' audiovisuel.
It Ensures that the pluralistic access of political formations to the antenna is ensured under comparable programming conditions.
Journalists, presenters, animators or antenna collaborators ensure that a presentation is made Of the facts and issues dealt with, in particular those which are controversial, and to ensure the balance in the expression of the different points of view in the comments, as well as in the discussions or debates.
The publisher shall transmit to the Conseil supérieur de l' audiovisuel, for the period indicated by it, the statement of time for the intervention of political, trade union and professional figures.
Item 2-3-3
Public Life
The publisher's program is:
-not to incite dangerous, delinquent or incivic practices or behaviors;
-to respect the different political, cultural and religious sensitivities of the public ;
-not to encourage discriminatory behaviour on the grounds of race, sex, religion, or nationality;
-to promote the values of integration and solidarity that are those of the Republic;
-to take in Consideration, in representation on the air, of the diversity of origins and cultures of the national community.
Article 2-3-4
Human Rights
Human dignity Is one of the components of public order.
The publisher may not derogate from it by special agreements, even if the consent is expressed by the person concerned.
The publisher agrees that no broadcast that it broadcasts Violates the dignity of the human person as defined by law and case law.
The publisher respects the privacy rights of the individual, image, honour and reputation as defined by the publisher. Legislation and case law.
In particular, the editor ensures that
-is used to show restraint in the distribution of images or testimonials that might humiliate people;
-to avoid complacency in evocation of the Human suffering, as well as any treatment that demeans or demeans the individual to the rank of object;
-that the testimony of individuals on facts pertaining to their privacy is collected only with their informed consent;
- The participation of non-professionals in broadcasts of board, game or entertainment, shall not be accompanied by any renunciation of their part, irrevocably or for an indefinite period, to their fundamental rights, in particular the right to The image, the right to privacy of privacy, the right to seek redress in the event of harm.
It measures when it disseminates information or images concerning a victim or a person in a situation of danger or Distress.
Item 2-3-5
Participant rights to certain programs
In its programming, including games or entertainment, the publisher agrees not to Excessive the spirit of exclusion and the encouragement of defamatory or insulting statements against the participants.
Item 2-3-6
Stakeholder Permissions on Antenna
People involved in The antenna is informed, to the extent possible, of the name and subject of the program for which it is requested. When invited to a live debate, they are informed, to the extent possible, of the identity and quality of other stakeholders.
Item 2-3-7
Testimonials
The publisher shall refrain from seeking the testimony of minors placed in difficult situations in their private life, unless they ensure complete protection of their identity through an appropriate technical process and obtain the consent of the minor And the consent of at least one of the persons exercising parental authority.
Item 2-3-8
Information and Program honesty
The requirement of honesty applies to the whole Program.
The publisher avoids confusion between information and entertainment.
For its policy and general information programs, the publisher uses journalists.
The editor verifies the validity and sources of Information. Where possible, the origin must be indicated. The uncertain information is presented in the conditional.
The publisher is rigorous in the presentation and processing of information.
It ensures the fit between the context in which images were collected and the subject That they illustrate. Any use of archival images is announced by a pop-up on the screen. If necessary, mention is made of the origin of the images.
Images produced for a reenactment or script of actual facts, or supposed to be, must be presented as such to viewers.
Subject to Caricature or pastiche, when a montage of images or sounds is carried out, the latter may not distort the original meaning of the statements or images collected, or abuse the viewer.
In news releases, the publisher is not allowed to Use technological processes to modify the meaning and content of the images. In other programs, the public must be notified of the use of these processes when their use can be confusing.
Using processes to collect images and sounds without the knowledge of people who are filmed or recorded Must be limited to the needs of the public. It should be restricted to cases where it provides information that is difficult to collect otherwise. The use of these processes must be brought to the attention of the public. Persons and places shall not be able to be identified, unless exceptions are made, or if the consent of the persons has been collected prior to the broadcast.
The use of "micro-sidewalk" or "voting" procedures Viewers, who cannot be qualified as a survey, should not be presented as representative of the general opinion or group in particular, nor should they abuse the viewer on the competence or authority of the persons requested.
Article 2-3-9
Information Independence
The editor ensures that the policy and general information that it broadcasts is achieved under conditions that ensure independence Of information. It shall bring to the attention of the High Audiovisual Council the provisions it implements for this purpose.
When the publisher presents to the antenna, outside the advertising screens, the publishing or distribution activities of Audiovisual communication developed by a legal entity with which it has significant capitalistic links, it considers, in particular by the moderation of the tone and the extent to which it is given the importance attached to the subject, that this presentation Is a strictly informative character. On this occasion, he shall inform the public of the nature of these links.
Article 2-3-10
Judicial Proceedings
In compliance with the right to information, the broadcast of broadcasts, images, remarks or Documents relating to judicial proceedings or to facts capable of giving rise to judicial information requires that particular attention be paid, on the one hand, to respect for the presumption of innocence, i.e. Not yet found to be guilty, on the other hand, to the confidentiality of private life and, finally, to the anonymity of juvenile offenders.
The publisher ensures, in the presentation of court decisions, that no Commented on judicial decisions under conditions that would affect the authority of justice or its independence.
When an ongoing legal proceeding is referred to the antenna, the publisher must ensure that:
- The case is dealt with with a measure, thoroughness and honesty;
-the handling of the case does not constitute a serious obstacle to this procedure;
-pluralism is ensured by presenting the various theses in the presence, in Ensuring that the parties or their representatives are in a position to make their views known.
Item 2-3-11
Producer Information
The editor will notify The producers, on the occasion of the agreements it negotiates with them, of the provisions of the articles of its convention which are contained in the part 'Ethical obligations', with a view to ensuring compliance with them.
Item 2-3-12
Specific Commitments
A committee of independent persons, listed in Annex 2 to this agreement, is made up of the publisher to ensure that the principle of Pluralism. The Conseil supérieur de l' audiovisuel shall be kept informed of any changes in its composition. The Committee shall draw up a semi-annual review. This committee may be consulted at any time by the publisher. The Conseil supérieur de l' audiovisuel may seek its opinion.
IV. -SIGNS AND CLASSIFICATION OF PROGRAMS
In order to ensure the protection of childhood and adolescence, the publisher is committed to respecting the recommendations of the Supreme Council of the Audiovisual Media on Signage Youth and the classification of programmes (on the date of signature of this Convention, the current text is Recommendation No. 2005-5 of 7 June 2005).
Category V programs (cinematographic works prohibited for minors Under 18 years of age, as well as pornographic or very violent programmes, reserved for an informed adult public and liable to impair the physical, mental or moral development of minors under 18 years of age) shall be subject to a total prohibition of Broadcast.
I.-
PROGRAMS Section 3-1-1
Nature and Duration of programming
The entire broadcast program is designed or assembled by the publisher.
Volume of locally produced programming in the first broadcast is at least 12 hours per week with a minimum of one Daily on 42 weeks a year and 10 weekly hours per 10 weeks during the summer period.
The publisher shall inform the Board of the daily duration of its program, as well as any changes. A schedule of programmes is provided as an indication in the Annex to this Convention.
3-1-2
General Program Details
a) Local-produced programs include: Mainly local expression and information programmes, economic, educational, cultural, political, sports, service or discovery magazines, a significant part of which is devoted to local information.
b) Broadcast And the rebroadcasting of locally produced programming referred to in this Article and, where appropriate, the broadcasting or rebroadcasting of other local expression programs shall account for more than 50 % of the total broadcasting time.
c) A log Daily news, Monday to Friday, a minimum of 10 minutes devoted to local news and the dissemination and rebroadcasting of an information magazine on Saturdays and Sundays.
d) The publisher agrees to retain full control The editorial content of the programs it produces or co-produces in conjunction with its partners.
e) The publisher undertakes not to broadcast programmes or retransmit shows or events for which he does not have the rights to Broadcast.
Article 3-1-3
Corporate Communication
The editor is authorized to program, for remuneration or other consideration, corporate communication programs as soon as possible. They do not emanate from political parties or groups, trade unions, religious or philosophical groupings and undertakings which fall within the economic sectors whose advertising is subject to a legislative ban or Regulatory.
Institutional communication programmes shall be placed under the responsibility of the Director of Publication, who shall be subject to the provisions of Articles 6, 93-2 and 93-3 of the aforementioned Law of 29 July 1982.
These emissions Shall be the subject of contracts which the publisher undertakes to communicate to the Board by accompanying them to the tariffs that it has fixed if such broadcasts give rise to remuneration.
These programs are broadcast with a specific start and a specific generic End of issue, clearly indicating the identity of the organizations that are the source of the program. For local and regional authorities, the signatures to the generic are those of the legal entity (commune, department, region). Elected personalities or assemblies may not be signatories.
The daily duration of all such broadcasts (broadcast and rebroadcast) does not exceed one hour.
These emissions have an informative vocation to present the Activities of organizations that have access to them.
They may not contain any advertising or promotional character in favour of a product or service.
When it comes to emissions from local authorities and their emanations, They may not contain any promotional character in favour of elected representatives or political groupings of elected assemblies. They must comply with the provisions of Article L. 52-1 of the Election Code, in its periods of application.
3-1-4
Program Access for Deaf and Hard of Hearing
Editor Undertakes, to the extent of its technical and financial possibilities, to develop programmes adapted to the access of programmes to persons who are deaf and hard of hearing. It shall inform the High Council of the audiovisual sector, in its performance report of the obligations, of the efforts made each year.
Item 3-1-5
Advertising
Promotional messages are inserted Under the conditions laid down in Decree No 92-280 of 27 March 1992 as amended.
Time spent on advertising does not exceed 12 minutes per broadcast hour on average, not exceeding 15 minutes for an hour Data (sixty minutes).
The broadcasting of a cinematographic or audiovisual work may not be the subject of more than one advertising interruption, unless otherwise granted by the Conseil supérieur de l' audiovisuel.
Surreptitious advertising As defined in Article 9 of the aforementioned Decree, is prohibited.
The publisher ensures a clear identification of advertising screens in youth programming. To this end, it uses, for all these programmes, generic advertising screens of a minimum duration of 4 seconds, composed of sound and visual elements enabling the young public to identify them easily.
The editor Strives to avoid variations in noise levels between programs and advertising screens.
Article 3-1-6
Parrainage
In accordance with the provisions of Decree No. 92-280 of 27 March 1992 Amended, sponsored television programs must be clearly identified as such at the beginning or end of the program. In the course of these broadcasts and in their trailers, the mention of the sponsor is possible only insofar as it remains punctual and discreet.
In youth programming, this sponsorship reminder must be of modest size and Be the subject of records not exceeding 5 seconds and separated from each other for a reasonable period of time.
In order to avoid confusion in the minds of young viewers, the publisher ensures that there is no interference between Name of the sponsor or one of its brands and that of a youth program or element thereof.
3-1-7
Tele-shopping
The editor complies with the emission provisions of Teleshopd fixed by Decree No 92-280 of 27 March 1992 as amended.
If the same property or service is presented in both a tele-shopping broadcast and an advertising message, a period of at least 20 minutes must elapse between the end of the The advertising screen and the start of the teleshoping program and vice versa.
The presentation or promotion of objects, products or services must comply with the legislative and regulatory provisions relating to Consumers, in particular those derived from the code of consumption, relating to the sale of goods and supplies of services at a distance and those relating to allegations, indications or representations which are false or of such a nature as to be misleading. Error.
Objects, products or services must be described as precisely as possible, in all their quantitative and qualitative elements.
The editor ensures that images, photos and drawings reproduce Faithfully the objects, products or services and do not include any ambiguity concerning the size, weight and quality of the goods or services.
The offer of sale must be clear, rigorous and complete with respect to its principal Components: price, warranties, novelty, terms of sale.
Price validity conditions (duration, cutoff date) should be mentioned.
II. -DISSEMINATION AND PRODUCTION OF AUDIOVISUAL WORKS
Article 3-2-1
Broadcasting of audiovisual works
The publisher reserves, in total annual time devoted to the broadcasting of audiovisual works, at least 60 % The dissemination of European works and 40 % to the dissemination of works of original French expression, within the meaning of Articles 4, 5 and 6 of Decree No. 90-66 of 17 January 1990 as amended.
The obligations referred to in the preceding paragraph must be Also complied with the relevant hours of listening, within the meaning of Article 27 of the aforementioned Act of 30 September 1986.
The program editor and broadcasts programs devoted to live arts and entertainment in the region. It promotes the dissemination of different forms of expression of local and regional cultural identity.
Item 3-2-2
Production of Audiovisual Works
Investment obligations in The production of audiovisual works obeys the provisions of Title II of Decree No. 2001-609 of 9 July 2001 as amended for the application of the 3 ° of Article 27 and of Article 71 of the Act of 30 September 1986 referred to above and relating to Contribution of television services publishers broadcast over-the-air terrestrial in analogue to the development of the production of cinematographic and audiovisual works.
Item 3-2-3
Producer Relations
The publisher is committed to ensuring equal treatment between local producers of audiovisual works and to fostering free competition in the production sector.
The publisher undertakes to ensure that the contracts he concludes for the acquisition of broadcasting rights include an encryption of each acquired right, individualizing the number of passages, their length of detention and the territories concerned. This commitment does not cover contracts for the acquisition of videomusic rights.
III. -DISSEMINATION AND PRODUCTION OF CINEMATOGRAPHIC WORKS
Article 3-3-1
Quotas of European cinematographic works
and original French expression
The publisher reserves, in the total annual number of broadcasts and Rebroadcasts of long-term cinematographic works, at least 60 % to the dissemination of European works and 40 % to the dissemination of works of original French expression, within the meaning of Articles 2, 3, 5 and 6 of Decree No. 90-66 of 17 January 1990 Changed.
The obligations referred to in the preceding paragraph must also be met during prime time, within the meaning of the above decree, between 20:30 and 22:30.
Article 3-3-2
Quantum and Grid Distribution
The service does not broadcast more than 52 long-term cinematographic works annually.
The ceilings referred to in the preceding paragraph shall mean all broadcasts and rebroadcasts of any Nature that they are.
No long-term cinematographic work will be broadcast, on the one hand, on Wednesday evening, Friday evening, on the other, Saturday, all day, as well as on Sunday, before 20:30.
Article 3-3-3
Media Timeline
The contracts entered into by the publisher for the acquisition of rights to broadcast cinematographic works provide for the period of time after which it can be broadcast Intervene.
Where there is an agreement between one or more film industry professional organizations and the publisher concerning the time limits applicable to one or more types of television exploitation of works Of cinematographic works, the time limits laid down in this agreement are binding on the publisher.
Article 3-3-4
Production of cinematographic works
Investment obligations in the production of works Pursuant to the provisions of Title I of Decree No. 2001-609 of 9 July 2001 as amended for the application of the 3 ° of Article 27 and of Article 71 of the aforementioned Law of 30 September 1986 concerning the contribution of publishers Television services broadcast in analogue by terrestrial terrestrial broadcasting in analogue mode for the development of the production of cinematographic and audiovisual works.
Article 3-3-5
Pluralist presentation of Cinematographic news
If the publisher presents the news of cinematographic works released in cinemas within programmes devoted to this event, it undertakes to ensure that this presentation is pluralistic and Diversity.
I. CONTROL
A. -Control of the establishment
Article 4-1-1
Evolution of the public establishment of cultural cooperation of Issoudun
and of the governing bodies
The publisher shall immediately inform the Conseil supérieur de l' audiovisuel Any change in the composition of the board of directors referred to in section 1-2 of this Agreement and any statutory and regulatory changes to the establishment.
The editor informs the Board of The audiovisual of the change of the publication director.
The amendments made to the information of the Conseil supérieur de l' audiovisuel pursuant to the preceding paragraphs shall give rise to the approval of the latter.
Commission approval Audiovisual superior must be exterminated. The Council shall act within a maximum of two months after it has obtained all the necessary elements for its instruction.
Article 4-1-2
Economic Information
The Permittee Shall, within six months after the close of each financial year, transmit to the High Audiovisual Council its balance sheet, results account and annex, as well as its management report.
The incumbent communicates to the Board of Governors The audiovisual, at its request, the annual reports and reports of the EPCCI.
B.-Compliance monitoring
Article 4-1-3
Program Control
The editor communicates its Pre-programs at the Conseil supérieur de l' audiovisuel within a reasonable period of time before they are broadcast.
The publisher shall keep at least three weeks at least one recording of the broadcasts as well as the corresponding program drivers. The Conseil supérieur de l' audiovisuel may ask the publisher for these elements on a medium for which it defines the characteristics.
In addition, it makes the necessary arrangements for the preservation of documents that may give rise to To a right of reply as provided for in Article 6 of the aforementioned Law of 29 July 1982.
Article 4-1-4
Compliance Information
Pursuant to the provisions of section 19 Of the Act of 30 September 1986 referred to above, the publisher shall communicate to the Conseil supérieur de l' audiovisual all the information that the latter considers necessary to ensure compliance with its legal and regulatory obligations as well as those Resulting from this Agreement.
This information includes, at the request of the Conseil supérieur de l' audiovisuel, the full copy of contracts for orders and purchases of audiovisual and cinematographic works.
Elles Also include, at the request of the Conseil supérieur de l' audiovisuel, the communication of contracts concluded with non-professionals and relating to their participation in broadcasts of board, game or entertainment, so that the Council Audiovisual superior is in a position to verify compliance with the obligations imposed on the publisher. In the event that these contracts are not concluded by the publisher himself but by a production company, the contract of production which binds the publisher to the production publisher must clearly state that the production company will have to, if the Council Audiovisual superior in fact requested, communicate these contracts to the publisher who will forward them to the Conseil supérieur de l' audiovisuel. The data provided is confidential.
Data will be communicated in accordance with standards and procedures defined by the Conseil supérieur de l' audiovisuel, both for the distribution obligations of the works and for the Production obligations.
The Conseil supérieur de l' audiovisuel will focus on promoting the transmission of information by means of computerized media.
The publisher shall communicate to the Conseil supérieur de l' audiovisuel, at its request and in title Information relating to the cost and financing of programmes other than cinematographic and audiovisual works.
The publisher shall, at his request and in confidence, communicate to the Senior Audiovisual Council the His audience studies.
The publisher shall communicate each year to the Conseil supérieur de l' audiovisuel, by 31 March at the latest, a report on the conditions of performance of its obligations and commitments for the previous year in respect of Programs.
The publisher provides annually to the Conseil supérieur de l' audiovisuel the list of audiovisual production companies, whether French or non-French, with which it has contracted.
Item 4-1-5
Resuming Programs of Another Service
The publisher shall, within eight days of their conclusion, communicate to the Conseil supérieur de l' audiovisuel all agreements for the full or partial recovery of the Programs of another television service.
II. -CONTRACTUAL PENALTIES
Article 4-2-1
Home
The Conseil supérieur de l' audiovisuel may, in fact, keep the publisher in compliance with the provisions set out in the agreement and in the amendments that May be appended to it. It makes this formal notice public.
Article 4-2-2
Sanctions
Without prejudice to the sanctions provided for in sections 42-1 and following of the Act of September 30, 1986, above, the Board of Governors of The audiovisual may, in the event of non-compliance with one of the provisions of the Convention or of the endorsements which may be annexed to it, taking into account the gravity of the infringement and after formal notice, pronounce against the publisher one of the following sanctions :
1 ° A monetary penalty, the amount of which cannot exceed the ceiling provided for in article 42 (2) of the Act of 30 September 1986;
2 ° The reduction in the duration of the authorisation for the use of frequencies within a year;
3 ° Suspension of the authorisation or part of the programme for a maximum of one month.
In the event of a new violation of a provision of this Convention which has given rise to a sanction, the Higher Council for the Audiovisual Impose a financial penalty, the amount of which cannot exceed the ceiling laid down in the event of a repeat infringement by Article 42 (2) of the Act of 30 September 1986.
Article 4-2-3
Inserting a News Release
In cases of failure to comply with the provisions of this Convention, the Conseil supérieur de l' audiovisuel may order the insertion into the programmes of the publisher of a press release of which it lays down the terms and conditions of distribution in the Conditions laid down in Article 42-4 of the Act of 30 September 1986 as amended.
Article 4-2-4
Procedure
Contractual penalties referred to in Articles 4-2-2 and 4-2-3 of this In accordance with the guarantees laid down in Article 42 et seq. Of the aforementioned Law of 30 September 1986.
Article 5-1
Modification
Nothing in this Agreement can interfere with Laws and regulations which may be applicable to the publisher subsequent to the signature of this Convention.
Any legislative or regulatory change applicable to the service will result in Revision of the Convention, as appropriate.
This Agreement may be revised by mutual agreement between the publisher and the Conseil supérieur de l' audiovisuel.
Article 5-2
Communication
This Convention is an administrative document, of which any person may request a copy to the Conseil supérieur de l' audiovisuel, pursuant to Act No. 78-753 of 17 July 1978, as amended.
Done at Paris, in two originals, the December 6, 2006.
A N N E X E I
This appendix is available to the Board of Governors. Audiovisual media.
Agreement of objectives and means between the community of communes of the country of Issoudun
and the public establishment of cultural cooperation of Issoudun
Composition of the Board of Directors
of L' Etablissement public de coopération culturelle d' Issoudun (EPCCI)
The board of directors of the EPCCI:
M. André Laignel, Mayor of Issoudun: Chairman;
M. or Mme. Sous-préfet, Representative de l' Etat;
M. Jean Hyron, a qualified person appointed by the State, President of the IUT of Indre;
Ms Nicole Defrying, delegate of the city of Issoudun, municipal councillor;
M. Georges Magny, Delegate of the City of Issoudun, City Councillor;
Ms Audrey Grason, Delegate of the City of Issoudun, Councillor;
Ms Béatrice Billard, a qualified person appointed by the city of Issoudun;
M. Gérard Sadois, representative of the community of communes;
M. François Dagot, Delegate Community of communes;
M. Jean-Pierre Tisler, Delegate of the Community of Municipalities;
M. Michel Fouassier, a qualified personality appointed by the community of communes.
BIP TV Leaders:
Ms. Sophie Caze, Director of Publishing BIP TV service;
M. David Stais, journalist, head of the BIP TV antenna;
M. Nicolas Gonthier, responsible for external relations, advisor to the president for BIP TV.
The publication director within the meaning of Article 93-2 of Law No. 82-652 of 29 July 1982:
The Director of the publication of the service, within the meaning of Article 93-2 of Law No. 82-652 of 29 July 1982, is Ms Sophie Caze, Director General of BIP TV.
This appendix is Consulted at the Conseil supérieur de l' audiovisuel.
A N N E X E I I
Membership of the committee made up of independent figures from the publisher of the EPCCI
to ensure compliance with the principle of Pluralism
Mme Chantal Chauvin, responsable juridique et de la communication pour la Congregation des missionaries du Sacré-Coeur.
Ms. Pascaline Courthes, lawyer.
M. Patrick Dillies, trainer at AFPA, in the Audiovisual sector.
Mme Chantal Duflot, professor d' anglais au collège Diderot d' Issoudun.
Mme Françoise Guillard-Petit, Director, Centre de soins pour Polyhandicapped en Retirement, Vice-Chair of the Development Council of the country From Issoudun and Champagne Berrichonne.
Mme Christiane Hyron, associative activist, especially in the field of support for the elderly.
M. Jean-Pierre Pineau, retired journalist, former technical advisor to the president of Radio France responsible for the development of decentralized radios.
M. Emmanuel Porcher, director of the EPCC "Centre Images", regional centre for cinema and audiovisual.
A N N E X E I I I
A N N E X E I
You can view the table in OJ
n ° 2 From 03/01/2007 text number 120
(1) PAR of 7.5 kW in the sector between the directions of azimuth 135 ° and 190 °; PAR of 5 kW in the sector between the directions of azimuth 190 ° and 285 °; PAR of 75 kW in the Sector between the azimuth directions 285 ° and 135 °.
Subject to stabilization at "- 32/12" of Canal 52 in Vierzon, rue du Château d' eau, if there are any obstacles encountered in the commissioning.
The Audiovisual Board of Governors may In the future, if the development of the television networks requires it, substitute the specified channel with another channel for receiving equivalent quality. In this case, the beneficiary undertakes to change the frequency within the time limit set by the CSA.
1. The beneficiary is required to provide the following information to the Conseil supérieur de l' audiovisuel:
Information communicated within two months of implementation:
-technical description of Installation (type and rated power of the transmitter, antenna system ...);
-maximum PAR and theoretical radiation diagram (H and V);
-date of commissioning;
-comprehensive reporting of offset realization, offset changes, channel changes, and other changes Mentioned above.
Information communicated without delay if available:
-measured radiation diagram.
This information is payable upon the express request of the Board.
2. In the event that the information referred to in 1 is subsequently amended, the beneficiary shall communicate to the Conseil supérieur de l' audiovisuel an updated version within one month.
3. The beneficiary is also required to communicate to the High Audiovisual Council all information in his possession on the coverage of the issuer, in particular the results of the coverage measures carried out in the area of Service.
4. If the Conseil supérieur de l' audiovisuel has found that the technical conditions of the authorisation have not been complied with, the beneficiary shall be required to carry out, by an organisation approved for verification of the conformity of its installation with the requirements In the Technical Annex to the authorisation. The recipient will forward the results of this audit to the Conseil supérieur de l' audiovisuel.
Done at Paris, December 12, 2006.
For the Audio-Visual Higher Council:
The President,
D. Baudis
For the editor:
The President,
A. Laignel
For the Audio-Visual Higher Council:
The President,
D.
Baudis
