Introduction

2005 started off with the scheduled partial renewal of the Collège (board). Two new members joined the CSA : Michèle Reiser was appointed by the President of the Republic in Yvon Le Bars’ seat and, Sylvie Genevoix was appointed by the Chairman of the Assemblée nationale to replace Joseph Daniel. The Chairman of the Sénat renewed the term of office of Marie-Laure Denis who had been appointed to replace Jacqueline de Guillenchmidt for the remainder of her term. For the first time in the history of the Conseil supérieur de l’audiovisuel and of the institutions of the French Republic, the CSA’s Board is made up of a majority of women.

This year again, a joint effort of all was needed. It was a success as 2005 saw an unprecedented increase in the offer of free television in France thanks to the launch of DTT. The free to air DTT channels started broadcasting on March 31, 2005 and since October 2005, they are available to half of the viewers – i.e., almost 12 million households. The 11 pay DTT channels for their part did not start broadcasting at the same time as the free channels. The Conseil has set the starting date as of September 1, 2005 and given the editors six months to start operating their services.

Pursuant to the mission entrusted to it by law, the Conseil and its teams worked tirelessly for years in order for DTT to be launched despite stumbling blocks, distrust and opposition. The Conseil endeavored to fulfill that objective driven by the belief that the social and cultural value of DTT lay in the fact that it enlarged the offer of free television for the benefit of all. France was behind its European counterparts in this respect. The vast majority of the French population receiving television through the traditional roof aerial only had access to 5 free to air channels which was the most limited offer of free to air programs in Europe. Thanks to DTT, the offer has been multiplied by 3 when the French audiovisual landscape had not budged for the last 15 years.

It is already a huge success : over 2 million families have access to 18 free to air channels in digital sound and image quality.

It is impossible to talk about the successful launch of DTT without recalling the memory of the now departed Yvon Le Bars, who died in December 2005 and was one of the main architects of the project. Without him the launch of DTT would undoubtedly have been delayed. DTT is the product of the joint efforts of the Conseil and its teams, but it all came to fruition by dint of Yvon Le Bars’ relentless work and outstanding organizational skills.

The thrust of the CSA’s mission, i.e., launching this great project in the interest of all, has been fulfilled. However, much remains to be done, in particular as regards the paramount issue of geographical extension so that DTT covers the entire territory. In the long run, the CSA’s goal is that anyone may receive the free to air DTT channels as a universal service, wherever he or she lives. It would unfair for some not to be able to receive them because of where they live. A report was prepared by the CSA and the Direction du développement des médias (DDM) and delivered to the Prime Minister in October 2005 in which solutions to speed up the roll out of DTT and achieve availability over the entire territory were described. The onus is now on the government to commit all means necessary to achieve this objective. For its own part and in the same manner as it did in order to implement this great project, the Conseil is committed to spare no effort so that digital terrestrial channels are available to all as soon as possible. The challenge is in deed a very important one as the switch off of analog broadcasting is now in view.

The CSA also worked on the new services and usage brought about by DTT : first and foremost local television which has yet to find its proper place. A public consultation regarding frequency use in the Paris region was launched in October 2005 and triggered 35 contributions in response ; these new services and usage also include HDTV and television on mobile. The latter has been the subject of experiments carried out by the CSA in the Paris region thanks to which it will be easier to test the receiving equipment and to better evaluate the public’s expectations. Even though, the CSA intends to fully play its role in the development of both television on mobile and HDTV setting forth the rules, however, is not within its remit. The economic, technological and legal models to apply must be set forth by law so that these services may become permanent players in the French audiovisual landscape.

The development of local television is one of the Conseil’s top priorities. That is the reason why it has, now for several years, launched calls for tenders for analog TV in several areas of France. The offer of hertzian local television channels increased in 2005 to 17 through the licensing of 4 new channels. The Conseil wishes to continue encouraging and supporting this development : the number of hertzian local televisions in Metropolitan France should be 21 at the end of the first half of 2006. Local television has yet to reach an economic balance within a more flexible and better adapted legal framework.

Another endeavor of the CSA is increasing and diversifying the offer of radio for the benefit of the listeners. Two major projects have been implemented in order to reach that goal. The first of these is the launch of digital radio. Digital television has become so obvious that there would be little sense in radio only broadcasting in the analog mode when it is due to be switched off. The CSA organized a public consultation in this respect in 2005. It met much interest as more than fifty parties responded. The result will serve as the work basis for the launch of a greater consultation with the operators to be as open as possible so that the best possible strategy for roll out may be selected. The consultation process should be concluded by a call for tenders.

There is another great project for radio. The planning of the FM band entered into its truly operational phase at the end of 2005 following two years of studies and consultation with the radio operators participating in the “FM 2006” working group. The work carried out by the group enabled to draw the guiding principles for radio frequency planning: no big bang of radio will occur nor will there be a complete overhaul of the frequency plan but rather an improvement where each operator will have its own place and none will enjoy greater advantages than others. The objective pursued by the “FM 2006” working group over the past two years has been to maintain such a balance, the foundation of which is pluralism which, in turn, it is the Conseil’s mission to guarantee. Pluralism is what makes our radio landscape rich. It will be a requirement when the frequency plans are drawn up for the listeners’ benefit and in close cooperation with the operators. There is no reason to challenge the very foundation of the success of radio in our country. These improvements aimed at better managing the spectrum should result in optimal use of it while respecting all players, all formats and all types of radios. A gain of 10 % of frequencies should be achieved, i.e., approximately 600 additional frequencies. 2006 will be a crucial year as the term of many licenses will expire. The Conseil will launch a series of calls for tenders through to June 2007, reaching a total of 13 calls for tenders in the next 29 months to come.

In 2005, the CSA also worked on the review of the European directive Television without Frontiers. In September, the Conseil made a second contribution in response to the Commission’s consultation. Being the corner stone of Europe’s audiovisual and cinema policy, the directive must be modernized in order to take into account the technological and economic developments in the audiovisual world and in particular technological convergence and the rise of those services called non linear services. The Commission presented its proposal at the end of 2005, thus opening the negotiation period. The CSA will express its position before the final document is adopted by the European Commission and the European Parliament next year.

The core issue in the review of the directive is control over audiovisual content. The CSA must be especially vigilant and ensure that a number of fundamental principles, such as the respect for human dignity, prohibiting calls to hatred and violence and, protecting young audiences are respected by the audiovisual media. Technological progress, digital development and the rise in the number of channels and, in particular, of international channels are making this more difficult. The CSA had to intervene in serious cases of incitement to hatred on certain extra-European channels, thus becoming the first regulator to have taken action in such an area. It called its European counterparts’ attention to the need for greater cooperation if actions are to be more efficient. Closer cooperation between the regulatory bodies of the European Union, therefore, is necessary with respect to the issues arising out of the implementation of the directive. It is one of the Conseil’s main concerns.

The CSA plays a central role in ensuring pluralism. In 2005, it organized the radio and television campaign of two elections : the by-election to the Assemblée of French Polynesia which took place in February and the referendum on the draft constitutional treaty for Europe at the end of May.

As part of the missions entrusted to it under law, the Conseil appointed in July 2005 Patrick de Carolis as the new chairman of France Télévisions for a five-year term.

It was also announced at the end of 2005 that the Conseil will be entrusted with a new and important mission : “combating discrimination and working towards social cohesion” which will be set forth as a goal in the law. The French government included these special provisions in the bill on equality of chances between French citizens so that their diversity is better represented on the air. The CSA issued an opinion on the bill on 4 January 2006. The new provisions provide a stronger legal base for the actions that have been carried out by the CSA in this area for several years. The CSA is now given greater legitimacy to ensure that television channels respect their commitment to diversity.

The missions entrusted to the CSA under law are many. As a regulator, the CSA is faced with greater complexity and scope of the missions it is in charge of carrying out in an audiovisual context that is increasingly diversified and open. Technological change and the development of digital are a challenge for the regulator.

The convergence of digital services brings with it far-reaching changes in how the audiovisual media may be considered and also in the very essence of audiovisual communication law. For a long time, it was based on a distinction between the various formats of the broadcasting media. To each medium applied a certain set of rules. In the digital world, the distinction has become obsolete. The sheer identities of television and radio have changed. They can no longer be defined according to how they are carried. The type of broadcasting medium no longer has an impact on the content provided. In the digital world, the type of network no longer has an impact on the type of communication. Therefore, regulation may no longer neither be based on the network nor create distortions because of the network. This has been taken into in the laws that were passed in June and July of 2004 : television and radio are no longer regulated on the basis of the medium on which they are broadcast. Defining a television or a radio service, not in terms of the medium on which it is broadcast but rather, in terms of what it is, what it targets and what its content is, seems the best way to assert the fact that irrespective of whether it is carried by telephone wires, internet or any other means, it must be evaluated in the light of the same essential principles of freedom, pluralism and responsibility.

As an institution, the CSA is committed to adapt as quickly as possible to the ever-changing industry it regulates, so that it may serve to protect the great principles that form the basis of its public service mission. The purpose of having audiovisual regulation performed by an independent administrative body independent of political and economic powers stems directly for the principle of freedom of communication which in turn implies that the public must be given the opportunity to freely choose between audiovisual programs whose content is diversified. This requirement of cultural diversity and pluralism is at the core of the Conseil’s mission. It calls for ambitious audiovisual policies.

The CSA’s Board members and all of its teams will resolutely continue to impartially fulfill for the benefit of all, all missions falling within their remit.