Federal Administrative Court: Radio reception fee for computer owners is legal

In 2009, the fee collection agency Billag obliged a computer owner without a conventional radio to pay radio fees. Following the Federal Office of Communications (OFCOM), the Federal Administrative Court has now also rejected the appeal of the person concerned. The decision can still be appealed to the Federal Supreme Court.
 
According to the court, multifunctional devices such as computers also qualify as reception devices under the Radio and Television Act. The decisive factor for the obligation to pay fees is that they enable a comparable reception of radio programs as conventional devices. This is the case for computers with a broadband internet connection. Both the variety of programs that can be received and the reception quality correspond to that of a conventional radio. According to the court, it is irrelevant for the obligation to pay fees whether someone actually listens to the radio via the computer.

The person concerned had argued, among other things, that he was being treated unfairly compared to television consumers. In the case of TV reception via computer, it is assumed that the owner has taken out a special subscription or is registered with a free provider. For radio reception, on the other hand, the mere existence of a broadband or ADSL connection and the corresponding software is sufficient.

The court counters that, unlike radio, equivalent reception is not possible with TV without a subscription or registration. According to the court, it is also acceptable that companies can be exempted from radio fees if they prohibit their employees from receiving radio via the Internet in writing. 

Bakom spokesman Roberto Rivola also points out that Parliament will soon be debating the proposal as to whether radio and TV fees should in future be charged at a flat rate per household, regardless of ownership of the corresponding receivers. (sda)