Despite headwind: National Council committee wants restrictions on replay TV

The National Council's Telecommunications Commission wants to allow time-shifted television only with the consent of the TV broadcasters. The TV providers had asked the commission members in advance to reject the proposal—but the commission did not heed the requests of Swisscom, UPC, and others.

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By a vote of 17 to 4, with 3 abstentions, the Commission proposes to incorporate the principle of signal integrity into the Telecommunications Act. Without the broadcaster’s consent, telecommunications service providers would in the future be permitted to retransmit program signals only in real time, unaltered, and in their entirety. According to a statement, the majority of the Commission aims in particular to ensure that Swiss TV broadcasters are allowed to negotiate the terms for the inclusion of their programs in time-shifted television directly with the affected TV distributors. Communication.

The Telecommunications Commission is thus following the proposal of a member who represents the interests of the Radio and Television Interest Group (IRF)—comprising SRG and private broadcasters. The plans were made public by the NZZ am Sonntag (Werbewoche.ch reported). Six TV signal providers—including Swisscom and UPC—sent a letter to the commission members in advance urging them to reject the proposal. Swisscom clearly and unequivocally opposed the proposed legislative change. According to spokesperson Armin Schädeli, the advertising revenue losses cited by the broadcasters—if they were even accurate—would have other causes as well.

Swisscom has accordingly harshly criticized the Commission's decision. If the regulation were to actually go through, it would effectively mean the end of Replay TV, a spokesperson said Blick.ch. Time-shifted television meets a «proven customer need» and is indispensable for a forward-looking TV offering. UPC also regrets the Telecommunications Commission’s decision—which it says is based «on obviously incorrect information.».

Declining advertising revenue

The Foundation for Consumer Protection (SKS) had also criticized such plans earlier. It believes that time-shifted TV viewing is at risk.

Opponents of replay TV, on the other hand, argue that declining advertising revenues threaten the quality and diversity of TV programming. The SKS counters that time-shifted viewing actually increases overall TV consumption. If the ability to fast-forward through commercial breaks were to require the broadcaster’s consent, far-reaching consequences could be expected.

For example, there is concern that only large companies will be able to afford to purchase the rights to replay services from the broadcasters. Significant price increases are also expected.

Furthermore, the approach would be a step back to the Stone Age: «Anyone who wants to watch a program at a later time would have to record it again with a VCR—just like decades ago,» wrote the SKS. Paradoxically, this would still make it easy to fast-forward through commercials.

Report Requested

Whether the aforementioned principle of signal integrity will ultimately be incorporated into the Telecommunications Act remains to be seen. Negotiations are still in their very early stages. Despite the clear election results, there is reportedly still far from a consensus within the commission. A report on the matter has now been requested from the Federal Office of Communications, and the commission plans to revisit the issue after the summer break. (hae/pd/sda)

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