Subsection 4: Regulatory and monitoring role in the field of technical protection measures and the identification of protected works and objects

I.-When a party relies on a secret protected by law, it shall indicate by letter, at the time of their communication to the Autorité de régulation de la communication audiovisuelle et numérique, the information, documents or parts of documents that it considers to involve a secret protected by law and shall request, on grounds that it specifies for each of them, their classification in a confidential annex. It shall provide…

When the rapporteur finds that the commitments proposed by each of the parties have the agreement of all of them and that they are such as to put an end to practices contrary to interoperability within the meaning of the provisions of Article L. 331-29, he draws up draft minutes signed by the parties in question, recording these commitments and setting a deadline for their implementation. These minutes become final…

I.-In the absence of an agreement between the parties and the Autorité de Régulation de la Communication Audiovisuelle et Numérique recorded under the conditions laid down in Article R. 331-34, the rapporteur’s report is notified to the parties, who have a period of fifteen days in which to acquaint themselves with and copy the file from the authority’s departments and to send the authority their written observations. Where circumstances warrant,…

I.-At the end of the procedure provided for in Article R. 331-35, the Autorité de régulation de la communication audiovisuelle et numérique may, in a reasoned decision, either reject the application referred to it or order the holder of the rights to the technical measure to take the appropriate measures to ensure that the applicant has access to the information essential for interoperability. When issuing an injunction, the authority shall…

Where no appeal to the Paris Court of Appeal has been lodged within the period provided for in the first paragraph of Article R. 331-44 or where such appeal has been rejected by a court decision that has become final, the Autorité de régulation de la communication audiovisuelle et numérique may, at the request of any interested party, amend or terminate its injunction if new elements justify it or if…

In the event of failure to comply with the commitments accepted by the Autorité de régulation de la communication audiovisuelle et numérique in accordance with the procedure laid down in Article R. 331-34 or in the event of failure to comply with the injunction issued pursuant to the provisions of Articles R. 331-36 and R. 331-37, the applicant referred to in these Articles may refer the matter to the authority…

The rapporteur may ask the holder of the rights to the technical measure or, in the case provided for in the second paragraph of Article R. 331-38, the applicant, to provide him, within a period of ten days, with the amounts of turnover required to calculate the ceiling of any penalty. If the party concerned fails to provide this information or if the rapporteur disputes the accuracy of this information,…