2003 started off with a partial renewal of the Conseil supérieur de l’audiovisuel through the appointment of two new Conseillers : Ms. Agnès Vincent-Deray designated by the President of the Republic and Mr. Christian Dutoit designated by the Chairman of the Assemblée nationale, and through the renewal of Ms. Élisabeth Flüry-Hérard’s appointment who had been designated in April 2002 by the Chairman of the Sénat to replace Ms. Janine Langlois-Glandier.

In 2003, the Conseil supérieur de l’audiovisuel was able to perform all of the missions with which it has been entrusted under the law and to also genuinely act as a regulator. Such role as regulator will become stronger in the near future with the overhaul of the legal provisions applicable to broadcasting. There were key moments in the work of the Conseil in 2003 as major issues were broached.

• The Conseil made progress in the area of protection of children and youth on television. The developments are encouraging.

Now that the new on-screen signaling system has been implemented and is deemed by parents to be clearer and easier to understand, the CSA has prescribed a set of rules relating to the broadcasting on television of programs not suitable for under-age viewers. The Conseil has adopted two documents that describe such rules : a deliberation dated 25 March 2003 providing the general guidelines that will henceforth serve as the basis for CSA’s review when licensing operators wishing to broadcast such programs and a recommendation dated 22 October 2003 which set forth such principles in greater detail and spell out the warranties operators and distributors will have to provide in order to avoid minors accessing such programs. The CSA has set forth criteria and conditions for double locking which must be fulfilled, in particular the creation of 4-digit parent code to be exclusively used for such purpose.

The protection of children and youth is one of the Conseil’s priorities. Our action cannot be likened to censorship or upholding the return of certain moral values. We simply wish to fulfill one of the essential missions with which we have been entrusted under the law.

• What can also be remembered from 2003, is the continuation of our efforts to implement TNT, i.e., digital television for all. Major steps were taken again in 2003 and the project is now entering the operational implementation phase.

End of April : execution of the legal agreements with 23 broadcasters followed in June by the issuance of the licenses and the final selection of the multiplexes’make-up. At the same time ; the technical operations necessary for the implementation of TNT progressed all year long. The CSA continued working on frequency allocation within the deadlines set par Mr. Michel Boyon and some analogue frequencies were reorganized. In addition, the government has set the perimeter for public television : France Télévision will have four channels on TNT – France 2, France 3, France 5 and a 4th channel – as the government decided to only keep one out of the three frequencies that had been pre-empted for public television in 2001 under the law of 1 August 2000. The “mission for terrestrial digital television” set up in June of 2003 and first entrusted to Mr. Michel Boyon and later to Mr. Daniel Boudet de Montplaisir organized monthly meetings of those players having a stake in the success of TNT. Such meetings are absolutely essential as they foster dialogue between all professionals so that such a great project of general interest is launched in the best possible conditions. It will be just as crucial for the “TNT mission” to provide viewers with the best possible information so they can see the advantages for themselves of terrestrial digital television.

With such new steps taken, the Conseil was able at the end of 2003, to issue the schedule for the launch of TNT : the first deployment wave will take place between 1 December 2004 and 31 March 2005, the target being to reach coverage of 60 % in twelve months.

From the beginning of this process onwards, the Conseil supérieur de l’audiovisuel has shown how determined it is to turn such a great project into a success : we shall lead such mission to completion together with all the relevant players. Thanks to the implementation of TNT, the number of free access channels will be multiplied by three when three quarters of today’s television viewers only receive five unscrambled channels. It will provide a larger selection for all and the option for those who wish to do so to subscribe to some of the 14 pay channels that have been selected. TNT will thus result in great changes in France’s broadcasting landscape in particular as regards free access television the offer of which has hitherto been limited. Throughout its history French television has never undergone such a development.

• 2003 was a key year for local television. French television viewers are very keen on having more local television and it has given rise to much interest and numerous projects. The CSA has focused its efforts on analogue broadcasting which is currently the great leverage for the development of hertzian local televisions. Two new local televisions were licensed by the Conseil : TLP Luberon in the Haute-Provence – Luberon areas and AB7 in the Loire département. In addition, the CSA was able to reclaim new analogue frequencies in eight new areas – Lille, Marseille, Tours, Orléans, Le Mans, Angers, Nîmes and Montpellier – in addition to the sites already allocated. The Conseil is working on the creation of about fifteen local channels to reach several million people. It, therefore, issued a schedule divided into three tranches for the launch of calls for tenders, the first of which was carried out in November 2003.

The year was also marked by very important developments in the legal and regulatory provisions applicable to local television with respect to which the Conseil issued two opinions on 27 May and 22 July 2003. Thanks to such new provisions the scene is now set for local television to exist in a more serene and stable atmosphere. In particular, the new possibility granted to local channels to broadcast advertisement for large-scale retail should enable them to reach an economic balance.

• Thanks to several decisions made by the Conseil in 2003, radio offer will be broadened to remedy the current overload of the FM band. First of all, through the re-opening of the AM band in five regions – Marseille, Nancy, Paris, Rennes and Toulouse. On 12 March 2003, the CSA pre-selected nine projects, six of which are new entrants with a new offer : Radiorama, la Radio de la mer, Superloustic, Ciel AM, Radio nouveaux Talents and Radio du temps libre. The Conseil also decided to extend the range of RMC Info, Radio Orient and Beur FM. This revival of medium waves gives radio listeners a chance to exercise greater freedom of choice. It opens up a new radio space complementing that offered by the FM band.

The offer of radio programs was also extended in 2003 through the licensing of two non-profit radio stations in Paris. Vivre FM and Radio Campus time share one frequency surrendered by Radio France and perfectly match the expectations of two sections of the audience – disabled people and students – to whom no radio programs had hitherto been specifically offered in Paris.

• Finally, 2003 was a key year for the broadcasting industry, for regulation and for the CSA. The legal framework of broadcasting is about to change and the Conseil is about to be entrusted with reinforced and extended powers.

Technological convergence justified an overhaul of the Law of 30 September 1986. The incorporation into French law of the directives relating to electronic communications networks which is currently being drafted will inter alia yield an adapted and more flexible legal framework for broadcasting as the telecommunications and broadcasting industries are drawing closer to one another. The impact of such development on the organization of broadcasting regulation will be decisive. This is the reason why at the time of the public consultation organized by the government in August 2002, the CSA stressed for the government’s attention the need to protect the stakes and principles that make broadcasting law unique. Of course, convergence will have to be taken into account in the law but it should not cancel the specificity of broadcasting laws and regulation as it would represent a threat to freedom of communication, a principle with a constitutional value.

The purpose of broadcasting being regulated by an authority enjoying independence from political and economical powers stems directly from the principle of freedom of communication which inter alia implies the necessity for the public to be able to chose from a diversified offer of broadcasting contents. Such cultural diversity and pluralism requirement is thus at the heart of our mission. To achieve this, we must pursue an ambitious broadcasting policy and not limit ourselves to adopting provisions regulating content. The allocation of hertzian frequencies by the Conseil on the basis of criteria stressing quality versus economics must remain the keystone of regulation. Furthermore, it is essential that the CSA keep its prerogatives with respect to the entire spectrum of radio and television services in order to achieve the technological neutrality sought by the European commission. In other words radio and television services must be defined according to their aims and contents irrespective of the medium through which they are broadcast. It is just as essential that regulation apply to all activities along the chain of broadcasting communication in connection with which certain stakes in terms of contents are absolutely essential and in particular as regards the distribution of radio and television services. The CSA’s authority must be extended to include authority on economic matters which cannot be separated from content regulation.

The CSA based its opinion on the government bill relating to electronic communications which it issued on 27 May 2003 on the foregoing rationale. The CSA supports the general principles behind the government’s bill as it maintains the main principles of the law of 30 September 1986 and generally meets the requirements of a reformed broadcasting regulation.

Technological convergence does not lessen or cancel in any way the specific requirements of broadcasting law and quite to the contrary it is a challenge for regulation which must become even more vigilant, reactive and relevant.