Key Benefits:
By deliberation adopted on January 7, 2003, the Conseil supérieur de l' audiovisuel, On the basis of Article 28-1 of the Act of 30 September 1986, as amended, ruled against the possibility of renewal for five years, out of call for applications, of the authorisation granted to SA TCI Guadeloupe for exploitation A private television service of a local character broadcast in clear terrestrial radio in the department of Guadeloupe and whose term is fixed at 14 January 2003.
Pursuant to Article 28 (1) of the Act of 30 September 1986 Amended, an authorisation is carried out by the Conseil supérieur de l' audiovisuel, excluding applications except:
1 ° If the State modifies the destination of the frequency or frequencies considered pursuant to Article 21;
2 ° If a sanction, A liquidated penalty or a conviction which the holder of the authorization has been subjected to on the basis of this Law, or a conviction against him, on the basis of Articles 23, 24 and 24 bis of the Law of 29 July 1881 On the freedom of the press, or Articles 227-23 or 227-24 of the Penal Code shall be such as to justify that this authorisation shall not be carried out without the application of applications;
3 ° If the renewal of the non-application authorisation is Of such a nature as to impair the imperative of pluralism at national or regional and local level;
4 ° If the financial situation of the holder does not allow it to continue operating under satisfactory
. The precarious financial position of the publisher whose net result in 2001 was EUR-238,969, to the liability of EUR 2 896 341 in respect of a recovery plan approved by the Joint Trade Court of Pointe-à-Pitre, on June 15, 2001, and in the absence of equity that is likely to affect the production of its own programs, the CSA has decided not to provide the SA TCI Guadeloupe with the non-call-off of the applications provided for Section 28-1 of the Act of 30 September 1986.
In fact, the losses recorded in 2001, added to the remaining amounts due under the recovery plan, account for more than one year of turnover (145 %). Implementation of the Remediation plan has been carried out to the detriment of the clean programme. In these circumstances, the publishing company can no longer meet its obligations in terms of programming provided for in Article 5 (1) of the Convention.
