Proposals for Legal and Regulatory Amendments

Article 18 of the law of 30 September 1986 provides that the CSA shall propose, as part of its annual report, "legal or regulatory amendments, deemed necessary in the CSA's analysis, as a result of technological, economic, social, or cultural developments in the broadcasting industry".

 At end of year, a number of such proposals seemed desirable.

The experience and frame of mind shaping them is that, to match the challenges of the global digital environment in which the audiovisual industry is now operating, regulation must be enhanced in two crucial respects.

The first one is digital broadcasting; the second is economic regulation, i.e., providing for further enhancement thereof.

Other proposals consisting in drafting amendments to enhance regulation efficiency are included.  A last set of proposals, based on the regulator's experience in 2013, is put forward with a view to ensuring proper discharge of the regulator's duties.

Legal Changes

  I.  Extend the CSA's Jurisdiction to Include Digital Audiovisual Services

          Give the CSA Jurisdiction to Regulate Digital Audiovisual Services
          1. Define digital audiovisual services;
          2. Provide for the principles set forth in article 15 of the law of 1986 to apply to such services;
          3. Provide for the voluntary entry into a legal agreement (conventionnement), and for a label;
          4. Provide for a must-carry and reference obligation on the part of distributors with respect
              à to the digital audiovisual services they distribute
          5. Define distributor of digital audiovisual services;
          6. Make dispute settlement proceedings applicable to digital audiovisual services.

          Give the Conseil Greater Authority over Audiovisual Media Services Editors
          7. Design a specific scheme for audiovisual media services;
          8. Provide for editors' obligation to contribute to the production of cinema works
             to apply to television services globally, including their catch-up TV service;
          9. Provide for editors' obligation to contribute to the development of audiovisualand cinema
             works production to apply globally to all audiovisual media services edited by a given editor,
             those edited by such editor's subsidiaries, and those edited by subsidiaries of the company
             controlling such editor.

  II.  Enhance the CSA's Economic Regulation Powers in Several Areas of Import for Regulation

          Market Regulation
          10. Provide the CSA with full regulation power to support balanced development of television,
               audiovisual media services, and radio markets; and, of relations between editors and distributors;
          11. Give the Conseil enhanced investigation and oversight powers, in accordance with enhancement
               of its economic regulation powers;
          12. Improve dispute settlement proceedings.

          Optimal Spectrum Regulation
          13. Include optimal spectrum management in the Conseil's charges;
          14. Enhance the Conseil's regulatory power to set forth technical conditions for frequency band use;
          15. Specify the licensing procedure applicable to multiplex operators.

          Regulation of Relations between Editors and Producers
          16. Extend the Conseil's conciliation power to include all relations between editors and producers ;
          17. Amend applicable rules relating to editors' obligation to contribute to the production
               of audiovisual works ;
          18. Modernise quota provisions applicable to French-language songs.

          Other Adaptation Provisions Having an Impact on Economic Regulation
          19. Improve the must-carry conditions applicable to digital terrestrial television channels;
          20. Include in the French criminal code provisions to apply to services' lack of registration (déclaration)
               with the CSA;
          21. Adapt the 'must carry' scheme provided for under article 34-2 of the law of 1986;
          22. Clarify the CTAs' and the CSA's specific jurisdictions under article 29-3 of the law of 1986;
          23. Define the 'programme d'intérêt local' notion.

Regulatory Changes

  I.  Adapt the New Original Content Production Support Scheme to the Digital Era

          24. Modify the décret relating to on-demand audiovisual media services.

  II.  Foster Development of Legal Content

          25.Adapt the mandatory sequence of media releases (chronologie des médias).

  III.  Improve Cinema's Exposure on Television