Licensing dispute: Stage victory for Schawinski - Uvek must go over the books
The Federal Department of the Environment, Transport, Energy and Communications (UVEK) must reexamine the awarding of licenses for local radio stations in Aargau and southeastern Switzerland, as well as for a local television station in eastern Switzerland. Roger Schawinski and another applicant have won a preliminary victory before the Federal Administrative Court.
Freedom of expression and supply at risk?
The judges in Bern have now upheld the appeals, annulled the contested licensing decisions and sent the dossiers back to the Federal Office of Communications for reassessment. In the three cases, the Federal Office of Communications must examine whether the successful licensees jeopardize freedom of expression and freedom of choice. This is the case if they occupy a dominant market position in the broadcasting area and abuse this position. In its rulings, the Federal Administrative Court comes to the conclusion that this cannot be denied without in-depth clarification. To this end, the Uvek may have to call in the Competition Commission (Weko). According to the court, it is clear that the groups of companies to which the licensees belong have at least a "strong position" in their catchment areas.
Radio Südostschweiz is part of the Südostschweiz media group with numerous newspapers, a local television station and publishing houses. Radio Argovia is part of the AZ Media Group, which publishes the Aargauer Zeitung with other daily and weekly newspapers and operates the local television station Tele M1 as well as an online portal. TVO AG is part of Tagblatt Medien AG with the regional radio station FM1, the St. Galler Tagblatt and a free weekly magazine.
However, according to the judges in Bern, it is not objectionable that the department assessed the content of the licensees' applications more favorably than those of their losing competitors. However, the Uvek will still have to examine whether a transitional regulation is necessary until the new licensing decisions become legally binding.
The court confirmed the award of the local television license for the Jura Arc region to Canal Alpha Plus SA. ARC TV SA had complained about this. The decisions of the Federal Administrative Court are final and can no longer be appealed to the Federal Supreme Court.
