France

[FR] Decree Published on the Declaration Scheme for Distributors of Audiovisual Communication Services

IRIS 2006-1:1/22

Philie Marcangelo-Leos

Légipresse

The system adopted in the Freedom of Communication Act of 30 September 1986 (as amended) requires the programme editors operating within a single multiplex to join forces and designate a common technical operator - referred to as a “distributor of services” - for the purposes of the Act. Article 30-2 of the Act lays down the legal scheme applicable to distributors of services broadcast terrestrially in digital mode, in accordance with the desire of the national audiovisual regulatory authority (Conseil Supérieur de l'Audiovisuel - CSA) for the multiplex operator to be covered by a specific legal framework. Service editors must also designate a separate company for marketing their products to the public. The distributor of services made responsible for marketing in this way (promotion, marketing and subscriber management) is merely required to make a prior declaration to the CSA. The decree of 31 October 2005 has now set out the details for this procedure of declaration to the regulatory authority prior to making an offer available to the public. These provisions also apply to distributors of services (other than terrestrially-broadcast digital television) serving at least 100 homes and not using frequencies allocated by the CSA, although the formalities for declaration are not the same. The decree also clarifies the operation by the distributors of services of local public initiative audiovisual communication services, defined as being services edited directly or indirectly by a local authority or a grouping of local authorities. According to Article 14 of the Decree, the distributors of services using a network of electronic communications not using frequencies assigned by the CSA and other than satellite are to make local public initiative services intended to provide information on local events available to their subscribers if requested to do so.