A bluff is not enough

Even big promises are binding: OFCOM takes the licensed broadcasters at their word.

Did the radio and TV stations that came away empty-handed simply bluff too little in their license applications? Possibly. But OFCOM wants to hold all operators to their assurances.
Ringier is notoriously upset that its radio station Energy Zurich did not receive a license. But what particularly annoys Group CEO Michael Ringier is that DETEC only assessed the written applications submitted and not the Energy program broadcast to date. "Next time, we'll lie through our teeth to get a license," he grumbled on 19 November during his traditional autumn
media talk.
Ringier is not the only one trying to suggest that it was primarily the best bluffers who were awarded concessions and that (allegedly) honest applicants were left empty-handed. His opponent Roger Schawinski has also taken the same line - at least with regard to the awarding of concessions in south-eastern Switzerland and Rüebliland. Although the winners there, Hanspeter Lebrument and Peter Wanner, had so far achieved little or nothing in terms of training and quality control, they had presented "grandiose plans in their applications in order to score points", Schawinski ranted on Persoenlich.com.
But what particularly annoyed the radio pioneer was that DETEC accepted these promises on paper from Lebrument and Wanner, but did not take into account the fact that he, Schawinski, had practically trained over a hundred of the most successful and best employees in today's electronic media in Switzerland. He continued: "If I had announced that I would send three employees to the Columbia School of Journalism in New York every year, I would probably have received the concessions in Aargau and Graubünden."
Marcel Regnotto, Head of the Organizers Section at the Federal Office of Communications (OFCOM), reacts calmly to such accusations. "In the initial disappointment, some people overshoot the mark," he says. However, he is adamant on the matter itself: Bakom and DETEC certainly have no interest in awarding the license to the best liar, he said. That is why it was already made clear to the applicants in the invitation to tender that they had to state their intentions precisely - and that these would subsequently be declared binding. "It was therefore clear that we would take the candidates at their word," said Regnotto.
But how? Regnotto describes a control system on three levels. On the one hand, every event organizer has to set up its own quality assurance system. In the near future, he will also select his "evaluator" from a number of experts appointed by Bakom. Every two years, this evaluator will report to OFCOM in writing on how he assesses the progress of the respective radio or TV station and what measures he proposes. Furthermore, every broadcaster is accountable to OFCOM in terms of pay levels and working conditions. "We also have the means to check this information," emphasizes Regnotto. Institutes are commissioned with the third level, program analysis in the information sector. And their reports are published.
If it turns out that a broadcaster is blatantly violating its promises, Bakom will take action as part of a supervisory procedure, says Regnotto. The office can reduce the amount by up to 50 percent for broadcasters with fee splitting. And where there is no splitting money, the license can be restricted, suspended or even withdrawn.
Regnotto does not deny that such proceedings take a very long time. "However, as the sanctions have a drastic character, they will also have a prophylactic effect," he is convinced. In any case, the instruments are ready and Bakom is also willing to use them to enforce the performance mandate.
But how rigid are the DETEC requirements? Do they not restrict the broadcasters too much? Regnotto says no. The DETEC guidelines do not affect the choice of music or the target audience. "We only hold broadcasters to their promises in the area of information. This gives the organizers enough freedom to position themselves in a changing media market," says Regnotto.
When asked whether the new guidelines are stricter than before, he says: "This impression is not misleading." Although the expectations of broadcasters are only slightly different from the previous ones, the legislator is demanding more stringent controls. "This is also because the fee-financed broadcasters now receive considerably more money."
According to Regnotto, the budget available to OFCOM for future program research in the private sector amounts to around CHF 300,000 per year. This expenditure is "acceptable" in relation to what is at stake - "namely a diverse media landscape".
Back to Radio Energy Zurich. According to DETEC, no further frequency is available. Nevertheless, a theoretical question is permitted here: assuming that another Zurich frequency does come to light - would Energy then automatically be entitled to it? "No," says Regnotto clearly. Because if such a fictitious case were to occur, the Federal Council would first have to amend Annex 1 of the RTVA. This defines all coverage areas and the number of licenses. The new broadcasting station would then have to be put out to public tender. "Energy would therefore not be the first candidate on the waiting list to receive this free slot ex lege," says Regnotto.
Markus Knöpfli

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