The Council of State recently deemed “inadmissible” the appeal filed by the C8 channel against its imminent loss of frequency on digital terrestrial television (DTT). According to the high administrative court, the appeal was filed too early, before the finalization of the frequency reallocation process by Arcom, the audiovisual regulator. This verdict affects not only C8, but also other channels, such as NRJ12 and Le Média, which also contested the preselection carried out by Arcom. Indeed, the latter will be able to file a new appeal once the final list of allocations is published by the regulator, scheduled for the end of December 2024.
A premature decision according to the Council of State
To understand this decision, it is essential to review the legal context of the process. In July 2024, Arcom announced a pre-selection of candidates for the reallocation of 15 television frequencies. Among the channels excluded from the list were C8, NRJ12 and Le Média, whose frequency contracts expire in February 2025. This preselection is, however, not a final decision, which means that it does not constitute an allocation formality of frequencies.
According to the Council of State, this step cannot be challenged in court, because it does not constitute a final act. It is only once Arcom publishes its final list after having concluded agreements with the new frequency holders that the channels concerned will be able to take legal action.
The role of Arcom and the need for waiting
Arcom, as an independent authority, plays a determining role in the process of allocating television frequencies. At the end of 2024, after having concluded agreements with the selected candidates, Arcom must establish the final list of channels holding frequencies. It is at that moment, and only at that moment, that the excluded channels will be able to initiate a legitimate appeal before the Council of State, if they consider that the decision is unjustified.
The Council of State clarified that this final list could be contested even urgently, depending on the circumstances, but emphasizes that the procedure must be respected as a whole. The central argument is based on the principle that only final decisions, and not intermediate steps, can be legally challenged.
The protest against C8 and other channels
C8, the channel which belongs to the Canal+ group, reacted vigorously after being excluded from the Arcom preselection. Known for its popular shows, notably those hosted by Cyril Hanouna, C8 has launched a petition to demand that its frequency be maintained. At the time of its broadcast, the petition had collected more than 830,000 signatures, significant support, which testifies to the popularity of the channel and the impact of its programming on the French public.
At the same time, NRJ12 and Le Média also contested Arcom's decision. Le Média, a news channel with a left-wing editorial line, saw its request for attribution refused, as did NRJ12, which belongs to the NRJ group. This rejection, for these channels, could mean a radical change in their broadcast strategy, forcing them to reevaluate their distribution choices.
The emergence of new players: OFTV and RéelsTV
As part of this reattribution, Arcom favored two newcomers who complete the French audiovisual landscape. OFTV, a project led by the Ouest-France group, and RéelsTV, supported by the CMI France group of Czech billionaire Daniel Kretinsky, were selected to occupy some of these frequencies.
This arrival of new players is shaking up the traditional audiovisual landscape and could well redefine the priorities of digital terrestrial television in the years to come.
The TNT transformation letter
This frequency reallocation process is a key moment in the evolution of French television, which is facing several challenges: the digital transition, competition from streaming platforms, as well as the emergence of new players.
The decision of the Council of State underlines the importance of respecting the legal steps, but also the intensity of competition in the television sector. Traditional channels must now adapt to an environment where technology and public policy strongly influence their future.
An uncertain future for the excluded channels
As the spectrum reallocation process continues, left-out channels must prepare for an uncertain future. The decision of the Council of State recalls the need to respect procedures, but it also highlights the fragility of certain channels in the face of changes in the media landscape. The end of frequency contracts in February 2025 will mark a turning point for these channels, which will either have to adapt to new realities or turn to other broadcast platforms to maintain their visibility.
As the media market becomes increasingly competitive and fragmented, each frequency allocation decision will have profound consequences, not only for the channels concerned, but also for viewers who will have to navigate a constantly changing television universe.
