Federal Administrative Court does not award fees to Radio Central
Radio Central, a station based in Central Switzerland, will not receive a license that includes a share of license fees. The Federal Administrative Court has dismissed an appeal filed by the media company against a federal resolution to that effect, according to the ruling published on Wednesday.
In January, Radio Central challenged a ruling by the Federal Department of the Environment, Transport, Energy and Communications (DETEC). The latter had refused to provide the license with a fee share and referred to the Federal Council's decision, which defined the coverage areas of local radio stations unchanged in 2017.
Radio Central, which received a broadcasting license with a performance mandate without a fee share for the coverage area of Central Switzerland South in 2008, argued that the radio landscape had changed massively in the meantime. It would hardly be possible to fulfill the performance mandate without fee money.
In addition, Radio Central was subsequently thrown into the balance by the fact that Radio Pilatus, which broadcasts in a similar area, returned its license to the Federal Office of Communications (Bakom) in July of this year. As a result, it is now the only licensed radio station with a performance mandate that focuses mainly on the mountainous and peripheral regions of central Switzerland.
Disadvantage because of DAB
The Federal Administrative Court, on the other hand, came to the conclusion that fees for Radio Central would mean unequal treatment compared to other radio broadcasters in the region. The return of the Radio Pilatus license with a regional performance mandate did not change this, as other radio stations were still present in the area in question.
Radio Central also criticized a violation of the principle of legal equality by arbitrarily reviewing the coverage areas. Other radios would have a comparably large broadcast area thanks to DAB, but would still receive fees.
It is true that the change in the radio landscape has an influence on the economic potential of Radio Central, the judges wrote. However, it is not their place to reduce the discretion of the Federal Council by their own idea regarding the definition of the coverage areas.
Radio Central also criticized the planned support of news agencies with fee money, especially since the Federal Council was thus making massive changes in connection with the distribution of fees. According to the court, however, this does not constitute unequal treatment vis-à-vis the complainant, because it concerns news agencies and not a radio broadcaster. Radio Central must bear the procedural costs of 1500 francs. (SDA)
