12 From the SACD press release dated May 30 2006

telecommunications operators looking to the first proposal. They want to play the role of commercial broadcasters of channels designated by the CSA and are demanding the registration of a duty of resumption of the chains by distributors who request.

Frequencies: allocation to publishers

The Minister of Culture and Communication for its part announced on June 17, 2006, that the frequency allocations will be publishers, string by string. However, it provides the drafting by the Government of a report to Parliament before March 31, 2010, to complete the procedure to the publishers by the allocation of frequencies to commercial distributors (8). The CSA will therefore play a causal role in the selection of files and could have to expect that the Bill gives more autonomy. Currently, frequencies are assigned free of charge in exchange for measures aimed at preserving pluralism and cultural diversity. But how do help channels to the financing of the creation The consultation draft provided the highly discredited establishment of a State fee paid by the channels in HD on DTT and the publishers or distributors of NPT (9). The introduction of this tax was dictated by the need "to contribute to the funding of the establishment and operations necessary for the advent of the digital" (10). Telecommunications operators were not opposed to the payment of this fee since they already pay for the use of frequencies in their activity of telephony. However, this measure was not unanimous among audiovisual professionals. The group for all digital television and the SACD (11) have called for the maintenance of free frequencies in the guise of the establishment of a genuine universal received free television service by the French. SACD also highlighted the risk that the establishment of such a fee return in question both the level of commitment of the strings in production than the very legitimacy of such an obligation (12).

Step of royalty but advertising tax

The Government has taken the measure of a possible dismantling of the obligations for investment and dissemination compensating free frequencies. The principle of a State fee was rejected in favour of the increase in the 5.5 tax on advertising revenues paid by television channels (8). This increase would be 0.2 for a string in HD and 0.1 for a channel on mobile media (13). It will be assigned to on behalf of support for the industry of (Cosip) programs with a view notably to assist the production of audiovisual programmes intended for the TNT HD and personal digital TV (8). Questions also remain answers: that of the merger of the CSA and Arcep, or taking account of the shares in hearing of the strings in the anti-concentration device, as suggested by the Lancelot (14) commission or, finally, delicate exclusivities management when television programmes will be broadcast simultaneously on the NPT. Similarly, the Minister of Culture and Communication has remained silent on the issue of the programmes broadcast in HD is not reflected in publishing or part of a new service for the public and taking them into account in the anti-concentration device. The proposed amendment of the Act of 1986 was indeed that such programmes should be regarded as a single service distributed through different channels without impact to the application of ce device, as his character free or paid is not changed (15). Bet that the grooming of the Leotard Act will not be the last.

(1) - Act No. 86 - 1067 of 30 September 1986 relating to the freedom of audiovisual communication.

(2) - Current Government issues and responses of the Minister of Culture and Communication, OJ of the Senate on March 31, 2006, pp. 2763-2764.

(3) Committee chaired by the Prime Minister and the Ministers of Culture and Communication, economy, finance and industry and the development of the territory, the Presidents of the CSA and Arcep, and Dominique Roux, President of the TNT and Ghislain Achard, former Director of France television forum.

(4) - Speech by Jacques Chirac, on May 5, 2006, at the installation of the strategic Committee for digital.

(5) - See Les Echos on 19 and 20 May 2006.

(6) - Draft amendment of article 30-1 of the Act of 1986.

(7) - See Les Echos on May 27, 2006.

(8) - Speech by Renaud Donnedieu de Vabres on June 17, 2006.

(9) - Draft amendment of article 30-1-IV of the Act of 1986.

(10) - Objectives indicated in the text of the public consultation.

(11) - Société des auteurs et compositeurs dramatiques (SACD).

(12) - From the SACD press release dated May 30, 2006.

(13) - See the Forum of June 19, 2006.

(14) - Draft amendment to article 41 of the Act of 1986 subject to public consultation.

(15) - Draft amendment of article 30-1-VI of the Act of 30 September 1986 subject to public consultation.