2007, building the television
and radio of tomorrow for the benefit of all:
progress and outlook

The Conseil supérieur de l’audiovisuel’s action in 2007 was structured around three major areas: pursuing the transition to fully digitized audiovisuals, guaranteeing that television and radio serve the entire French public, adapting regulation tothe new economic and technological challenges facing audiovisuals.

2007 was marked by the completion of the first extension phase of digital terrestrial television (DTT). The 18 free national channels and the 11 pay channels of DTT are now accessible to 85% of the population of mainland France. The Conseil has endeavored to continue extending DTT while avoiding any geographical divide. Under the Law of 5 March 2007, the coverage objective is 95% of the population, to which the Conseil itself has added the objective of a minimum of 91% per département so that no community is left aside. This fast and harmonious roll-out of DTT corresponds to great expectations on the part of the French public, won over by the wealth of supply; they are buying DTT equipment in increasing numbers, to receive it either by terrestrial waves (voie hertzienne terrestre) or for free by satellite.

The implementation of DTT was from inception designed to foster the development of local television channels which are still in low numbers in France, especially compared to neighboring countries. In July 2007, the Conseil selected 7 channels which started broadcasting on 20 March 2008 on 4DTT channels in Île-de-France and authorized the broadcasting in digital mode as from 13 September 2007 of 18 local channels which were already available in analogue. The Conseil also decided to launch a call for tenders (appel à candidatures) in about 20 areas where the airwaves are available.

2007 was also marked by preparations for high-definition (HD). HD carries great expectations on the part of the French public who are buying HD equipment in ever greater numbers. For channel editors, it is the format of the future they all wish for, the change in quality being so radical for the viewers, comparable in a way to color TV when TV was in black and white. On 12 June 2007, the Conseil launched a call for tenders on multiplex R5 for two frequencies. Another available frequency was reserved by the Government for public television. In addition, the Conseil also decided in December 2007 to reshuffle the multiplexes. This permitted the launch of a call for tenders, the conversion to high-definition of one pay channel on R3 and to making one spot available on R4. As soon as 2008, television viewers will have access to a greater supply of channels that have given very clear commitments as regards the broadcasting of programs shot in real HD.

In addition to the revolution in terms of quality, the Conseil prepared in 2007 the transition of digital television to mobility with personal mobile television. With personal mobile television and the expansion of digitization, one can now get many television channels on a mobile device in very good quality. This corresponds to the demand expressed by consumers for continuing access to content anywhere: it paves the way to new usages that represent new economic openings for operators. Even before the adoption of the Law of 5 March 2007 which set the legal framework, the Conseil launched a public consultation in January 2007 for the purpose of collecting the views of professionals on personal mobile television. On the basis of the consultation’s summary and of the Government’s arrêté (order) of 24 September 2007 which retained DVB-H as the terrestrial standard, the Conseil was able to launch a call for tenders of 6 November 2007. The call for tenders related to 13 television services; adding the 3 extra services reserved by the Government for public service channels, a total of 16 channels will be offered to TV viewers. 36 projects were lodged with the Conseil which will hear the applicants and make its decision public in the spring of 2008.

Radio was not overlooked in these large projects: general calls for tenders were continued for analogue radio and the launch of digital radio was prepared. 4 calls for tenders in FM were processed in 2007, and 7 others were launched, the number of frequencies having increased by 20% on average thanks to the planning work undertaken by the Conseil.

As regards digital radio, the Conseil pursued in 2007 its consultation with all stakeholders, while the Government set T-DMB as the standard thus opening the way for a call for tenders in 2008. Just like DTT, digital radio is going to foster a richer supply. The number of stations received in all regions will increase and for some of them the coverage will become truly national. It will also bring new features in services such as interactivity which is growing rapidly. It is a major challenge for the Conseil in 2008.

These innovations show that the audiovisual industry is a dynamic one that knows how to invest in new technologies to meet the expectations of society. Tomorrow, our fellow countrymen will want to receive all of their channels in high definition, will have made personal mobile television their own and will want its coverage extended; they will want more DTT channels, both nationally and locally and they will want the richer supply of digital radio to be available on the whole territory. All of these will create new opportunities for entertainment, discovery, and access to diversity and creation, while making French cultural expression stronger. They also represent opportunities for job-creating economic development both for the audiovisual and content sectors and for telecommunications and territorial development. Airwave broadcasting is the only way to ensure free access to these innovations for the French public while making sure there is no digital divide.

The Conseil has thus decided to fully take on the word of the Law of 5 March 2007 and call for the full digitization of audiovisuals and for the transition to high definition and mobility, hoping they will foster in all areas an acceleration of digitization so that the many opportunities in the audiovisual and the telecommunications industries and these many innovations can fully develop and generate the social, cultural and economic benefit rightly expected by the French population.

The Conseil supérieur de l’audiovisuel’s regulation activity is taking place on several simultaneous fronts: technological, societal, cultural and economic.

The societal aspect of the Conseil’s role is visible mainly in its monitoring of programs: it monitors compliance with ethics, accessibility, protection of children, combats surreptitious advertising, ensures political pluralism is respected. The Conseil’s action in these areas is also a positive one: it fosters the representation of diversity, raises the awareness of operators to issues of accessibility for disabled people, protects the right to information, etc.

The Conseil’s first objective is to render television accessible to all and, in particular, to disabled people. On 26 June 2007, the Conseil took the decision to insert very specific commitment provisions in the legal agreements entered into by private channels, similar to those inserted in the contrat d’objectifs et de moyens (goals and means contract) executed by and between France Télévisions and the French State. In 2010, off-air channels watched by more than 2.5% of the total television audience will be under the obligation to make 100% of their programs accessible to deaf and hearing impaired persons, advertising segments not included. The compulsory rate will be 40% for other off-air (hertziennes) channels and 20% for cable and satellite channels. In addition, the Conseil has broached the issue of the accessibility of television programs for blind or visionimpaired persons by means of audiovision.

The second objective is to promote television and radio for all. The protection of children is a requirement recognized by viewers, listeners and professionals. To determine its course of action in this area, the Conseil consults child psychiatrists so as to best protect the development of children. It is essential that not only broadcasters make sure programs are categorized adequately but also that parents be attentive to the sign code set up by the Conseil. A communication campaign to remind viewers of it is organized every year. However, it remains to be better relayed. Starting in 2008, the Conseil intends to have a determining role in media literacy, so that children – and their parents – have the skills necessary to understand audiovisual media. The Conseil is also considering adapting the rules for the protection of children to all media.

Combating the excesses of advertising and prohibited lottery is an important part of the Conseil’s work. In 2007, the Conseil took a firm stance against the abuses of call TV (télé-tirelire) which led to the withdrawal of those infringing programs.

The Conseil’s third objective is for television and radio to be representative of each and everyone. It means providing avenues for political pluralism to be truly alive. This role is a particularly important one during elections. For the presidential and general elections that took place in May and June of 2007, the CSA obviously ensured pluralism was respected but also adapted its rules to the new ways of political communication. After the elections, a consultation was undertaken with all professionals from the audiovisual and political world to propose improvements for the monitoring of the respect of political pluralism that would suit all stakeholders.

The Conseil is also in charge of ensuring that the diversity of our society be represented in the audiovisual media. They are a mirror of society and as such must paint a picture that reflects France as it is today; it is an essential factor of social cohesion. Therefore, the CSA wishes to incite operators to emphasize diversity in their audiovisual programs and to combat discrimination. In order to assess the policies implemented by the channels, the Conseil decided at the end of 2007, to create an Observatoire de la diversité (observatory of diversity) which will be an essential tool to follow-up on this effort.

The Conseil wishes to truly become an ambassador of viewers and listeners capable of relaying their expectations on all issues to audiovisual operators. It has therefore decided for 2008 to work at improving the organization of its teams working in contact with viewers and listeners and to increase their number.

It is the Conseil’s conviction that one needs to know what the audience’s expectations are if one wants to better meet them and that no-one should left by the way-side in this context of extremely rapid technological change. Through this direct link with the audience and the various comités technique radiophoniques (radio technical committees) to which it travels, the Conseil will be able to play its role as an interface between society and the audiovisual sector.

The French public has growing expectations regarding regulation of new services, especially of those developing on the Internet. The Conseil is paying very close attention to the development of those of an audiovisual nature. It has been regulating linear television and radio service broadcast over the Internet since 2004; it is a more flexible kind of regulation done through a registration (déclaration) or legal agreement (conventionnement) procedure.

Today certain non-linear media offering audiovisual content have become mass media just like linear services. Acknowledging this development, the European Directive “Audiovisual Media Services” provides for the regulation of on-demand audiovisual media services, i.e. both on-demand and catch-up TV. The process of translating the Directive into French law is under way.

The Conseil’s economic regulation pursues a two-pronged objective: protecting the balance between the three poles of French audiovisuals namely, the public sector, the large private groups and the rich fabric of SMEs specializing in creation or technical aspects, while fostering their development in a context of increased international competition; the second objective is to envisage the longterm economic, social and cultural benefit for our society.

This regulation is taking place is a new economic context for editors and for distributors of services. The interest demonstrated by network operators for content and the development of television and radio channels in non-linear services are fundamental elements. Opposing linear and non-linear or making a distinction according to the kind of media no longer has sense: a global vision must prevail.

To support these changes, regulation authorities have a great role to play. The Conseil’s economic regulation is based on several tools.

First, it exercises its powers in the context of the anti-trust provisions of the Law of 30 September 1986 by issuing opinions to the Conseil de la concurrence (competition council).

Second, following the positive experience of other regulators, the Conseil has been endowed with jurisdiction to settle disputes that may arise, in particular between distributors and editors of services. This new regulation tool draws on the economic expertise of the Conseil as it may be called on to issue a decision on whether contractual relations between channels and distributors are objective, fair and non discriminatory.

In 2007, the Conseil adopted several decisions to settle disputes such as the numbering of DTT channels on cable and satellite distribution networks or the dispute between channel Voyage and CanalSatellite.

These first dispute settlements have enabled the Conseil to fine-tune its doctrine and clearly grasp the sticking issues of economic relations within the audiovisual industry. The Conseil intends to play an important role in the definition of the terms and conditions to govern agreements between editors and distributors and thereby invent a new model for economic convergence, for content being made available and for the fair remuneration thereof.

Content remains at the heart of regulation as implemented by the Conseil. Its specificity is still meaningful in these times of great change. Imposing a one-size-fits-all regulation to audiovisuals would be tantamount to ignoring the specific nature of content, to giving up objectives such as diversity, pluralism and French cultural expression. This specificity must be better acknowledged at the European level: audiovisual frequencies are not neutral conversely to telecommunications frequencies which only constitute a “network». It is content that creates economic and cultural wealth in a world of multiplying networks that need this very content. Thanks to this kind of regulation the digital revolution may turn into leverage for value creation for the greater benefit of society as a whole. The issue of access to content has an impact in terms of economic structures. To create value, content must be differentiated. Because it enables to favor creation and to promote cultural diversity, the content approach is adapted to current issues in both audiovisuals and telecommunications. The importance of content regulation has been recognized by the European Directive “Audiovisual Media Services” and it is the kind of regulation advocated by the Conseil at international meetings.

The Conseil is a member of various cooperation networks of regulatory authorities and whenever is participates in their meetings, it is keen to emphasize the issues of the regulation of new services, full digitization, the importance of content and the societal role of regulatory authorities.

Through these international exchanges and through the discussions taking place within the Conseil’s Commission prospective (forward-looking reflection commission), the Conseil strives to have a dynamic and anticipating vision of regulation.