Over the past four years, the Federal Office of Communications (OFCOM) has objected to invoices from five private television broadcasters and has therefore only partially paid out licence fees in four cases. In 2007, three broadcasters lodged appeals with the Federal Administrative Court, which are still pending, as a report in the media magazine Klartext revealed on Tuesday.
According to OFCOM, Tele Südostschweiz (Chur), Tele Ticino, Canal Alpha (Neuchâtel), Tele Bielingue (Biel) and Canal 9 (Sierre) are affected. The first three have lodged an appeal. According to SDA, the amount at stake in the case of Tele Ticino is around CHF 100,000; Tele Bielingue, on the other hand, has refrained from lodging a complaint because the company only received minimally less fee money. Canal 9, which did not have to accept a reduction in fee money, wrote in a press release published late on Tuesday that OFCOM had confirmed the accuracy of its accounts, which were scrutinized in 2003, at the beginning of 2007.The dispute over the fee money began with random checks by OFCOM in 2004, which revealed irregularities in the annual accounts of the stations concerned. According to the old Radio and Television Act (RTVA), these annual accounts formed the basis for the calculation of the distribution of fee money by OFCOM. Due to a lack of resources for comprehensive checks, OFCOM had to work with spot checks.
According to SDA's investigations, the complaints were different in all cases; at Tele Ticino, for example, OFCOM criticized the fact that so-called filler commercials had not been billed to customers, according to Filippo Lombardi, Delegate of the Board of Directors. In the opinion of OFCOM, this generated revenue and reduced the broadcaster's claims to fee money by around CHF 100,000.
According to Lombardi, the spots in question were broadcast between December 27 and 30, 2003. Tele Ticino broadcast old commercials to fill the advertising breaks. However, Lombardi said that the broadcaster earned nothing from this. Since then, the station has used advertising for its own programs as filler advertising.
In the case of Tele Südostschweiz, this concerns countertrade for purchased contributions, as Hanspeter Lebrument, Chairman of the Board of Directors of Südostschweiz Mediengruppe, said. The amount used for this in the invoice has been checked by OFCOM, but has never been objected to. An appeal has been registered, but discussions will be held with Bakom until the deadline expires.
At Canal Alpha, Bakom criticized the booking of various jobs, said Deputy Director Pierre-André Léchot. The broadcaster lodged an appeal with the Federal Administrative Court "because we are dependent on this fee money".
With the new RTVA, which has been in force since April 1, 2007, the fee money to be awarded is calculated and promised for a period of five years. Will this clear up these "accounting misunderstandings"? As Matthias Ramsauer, Head of the Radio and Television Division at Bakom, told Klartext, the Federal Office will not be able to monitor all broadcasters across the board in the future either.