Private radio and TV From 2008, most broadcasters will have to fulfill a performance mandate. The industry is hoping for regulations that are as liberal as possible, and the views of the federal government and the private sector are diametrically opposed. Representatives of the private electronic media view the prospective fee money as a kind of compensation for the regional public service provided to date. "An advance service that we have provided in recent years is now finally being rewarded," says Marc Friedli, Managing Director of Telebärn. However, the Federal Office of Communications (Bakom), which is drawing up the new licenses for private radio and television, takes a different view. "With the new Radio and Television Act, we are, so to speak, at a zero point, and now the cards are being reshuffled," says Bettina Nyffeler, responsible for drawing up the new licenses at Bakom. "Some broadcasters will probably have to adapt their programming in future."
This much is currently clear: in future, private radio and TV broadcasters will receive around CHF 44 million per year, or four percent of reception fees. Who will receive how much money and under what conditions will only be determined when the licenses are put out to tender in early autumn. Part of the new broadcasting license is a performance mandate. It regulates which programming and labour law conditions, as well as organizational conditions, a broadcaster must fulfil. Bakom does not hold official hearings on this, nor does it have to by law. However, industry representatives are invited to present their positions. In the near future, OFCOM will submit a model license to the associations concerned.
Against CLAs "through the back door "Jürg Bachmann, President of the Swiss Private Radio Association, is relaxed about the whole thing. "We always knew that there would be these performance contracts." However, Bachmann and television personality Friedli both hope for a regime that is as liberal as possible. According to Friedli, it should not be the case "that politicians put the media under a tight rein".
Friedli, who is also Head of Audiovisual Media at Espace Media in Bern, sees signs of this in the wage issue, for example. Bakom can certainly imagine setting a concrete minimum wage. For the two industry representatives, this would clearly go too far. They are opposed to "introducing a collective labor agreement through the back door" via a performance mandate. In principle, Friedli advocates personal responsibility. He has "absolutely no objection" to certain guard rails. He is open to the question of a minimum wage "when it comes to preventing shenanigans in the personnel sector". But the rest should be regulated by the labor market.
OFCOM also formulates rules for the programming sector. At the heart of these regulations is the "regional public service". In the performance mandate for private radio and television broadcasters, this central programming mandate is formulated as follows: "To reflect the diversity of local events." In future, OFCOM will monitor whether broadcasters comply with this mandate and can impose sanctions in the event of violations. In extreme cases, the license could be revoked, which would of course mean that no more licence fee money would be paid out.
Bakom is also met with great skepticism on this point. It should not be the case that politicians "act as program directors", says Marc Friedli. "We must defend ourselves against this."
Then no money will flowFriedli can put up as much of a fight as he likes, but ultimately his hands are tied. There are no legal remedies against the provisions of Bakom. Anyone who cannot or does not want to meet the conditions does not need to be a licensed broadcaster, but can operate as a notifiable broadcaster. "These do not receive any fee money and do not have to fulfill a performance mandate," explains Bettina Nyffeler from Bakom.
The first licenses are expected to be issued in the first half of 2008. Radio and television broadcasters can then expect to receive fee payments from the second half of next year.
Different speedsIn principle, the new Radio and Television Act stipulates that anyone who receives fee money must fulfill a performance mandate. However, there is no rule without exception: private radio stations with large coverage areas do not receive any money. However, they must still comply with the official regulations if they apply for a new license. According to Bakom, stations in larger cities, such as BE1 in Bern or Energy in Zurich, fall into this category. The fact that they also have to fulfill a performance mandate has to do with the FM frequencies. "They have privileged access to a scarce resource," says Bettina Nyffeler from Bakom.
In principle, all private radio stations are pulling in the same direction, says Jürg Bachmann, Managing Director of Radio Energy. But those with the prospect of fee money "have different requirements in terms of speed". In other words, they would like to receive a new license as soon as possible so that the licence fee money can start flowing in. Bachmann, on the other hand, prefers to talk to Bakom a little longer and hopes to be able to get one or two things in his favor. There is no money for his station anyway. However, according to Bachmann, he does not want to delay the process.
Nick Lüthi