The Council of State's ruling indicates a significant challenge for C8 and NRJ 12, as they navigate the complexities of media regulation in France.
The public support for C8, as evidenced by the large petition, suggests a strong viewer base that could influence future decisions regarding the channel's broadcasting rights.
The legal landscape for media channels in France is becoming increasingly competitive, with new entrants like OFTV and RéelsTV vying for limited frequencies.
C8 and NRJ 12 may intensify their lobbying efforts to secure their broadcasting frequencies, leveraging public support and legal avenues.
The outcome of the final decision by Arcom in December will be crucial for both channels, potentially leading to further legal challenges if they are not selected.
The situation could prompt discussions about regulatory reforms in the French media landscape, particularly concerning frequency allocations and the pre-selection process.
On November 22, 2024, the Council of State ruled the appeal by C8 against the loss of its television frequency as "inadmissible," stating it was filed prematurely. Gérald-Brice Viret, general director of Canal+ France, expressed frustration, emphasizing the anxiety of the 400 employees affected by the decision, which could lead to significant job losses. Viret highlighted the public support for C8, citing a petition with over 830,000 signatures advocating for the channel's frequency retention.
The Council of State's decision also affects NRJ 12, which, alongside C8, had previously seen its interim relief appeal rejected. Both channels contested their exclusion from the pre-selection for DTT frequencies, which was announced by Arcom in July. The Council deemed their appeals inadmissible, clarifying that the pre-selection list was not a final decision but a preparatory measure, allowing Arcom to still negotiate with other candidates until a final decision is made.
The legal battle for C8 and NRJ 12 is ongoing, with both channels planning to appeal again once Arcom announces its final decisions in December. The urgency of the situation is heightened as the channels face the impending loss of their frequencies by March 1, 2025.
