Key Benefits:
By deliberation adopted on January 4, 2006, the Conseil supérieur de l' audiovisuel, On the basis of Article 28 (1) of the Act of 30 September 1986, as amended, and having regard to the opinion of the Government of New Caledonia of 15 December 2005, ruled against the possibility of renewal for five years, out of call for applications, The authority granted by CSA Decision No. 2001-647 dated November 27, 2001, as amended at Dumbéa Communication for the operation of a Category A radio service known as Océane FM on the frequency 95.0 MHz in New Caledonia and of which The term is fixed at 10 January 2007.
Under Article 28-1 of the Act of 30 September 1986, as amended, an authorisation is carried out by the Conseil supérieur de l' audiovisuel, excluding applications, except:
1 ° If the State amends the Destination of the frequency (s) considered pursuant to section 21;
2 ° If a penalty, penalty payment or conviction for which the holder of the authorization has been the subject of this Act, or On the basis of Articles 23, 24 and 24a of the Law of 29 July 1881 on the freedom of the press, or Articles 227-23 or 227-24 of the Penal Code, is such as to justify that this authorisation is not Non-call for applications;
3 ° If the extension of the non-call for applications is likely to undermine the need for pluralism at national or regional and local level
4 ° If the situation Does not allow the licensee to continue operating under satisfactory conditions;
5 ° For audio broadcasting services, if the service no longer meets the criteria specific to the category for which the authorization Has been granted.
Membership in Category A, which is reserved for services eligible for the Support Fund for radio expression, is particularly appreciated in relation to the advertising resources perceived by the associative service and which must not Be more than 20 % of its turnover, in accordance with the provisions of Article 80 of the amended law of 30 September 1986 on freedom of communication.
Or, the examination of the accounts of the association Dumbéa Communication reveals The turnover from Radio Océane FM advertising and sponsorship was 29 % in 2002, 55 % in 2003 and 67 % in 2004. The situation of Radio Océane FM no longer corresponds to the definition of category A for which the authorisation was initially granted.
As a result, the Conseil supérieur de l' audiovisuel decided not to grant the association Dumbéa Communication of the renewal, excluding applications, of the aforementioned authorisation.
This deliberation will be published in the Official Journal of the French Republic and notified to the association Dumbéa Communication
Paris, 4 January 2006.
For the Audio-Visual Higher Council:
The President,
D.
Baudis
