Uvek must re-examine applications for Biel TV licenses
The TV license for Canal B, which the station was set to receive starting in 2025, is now in question. Given that TeleBielingue’s proposal is largely equivalent, the Federal Administrative Court is calling on the relevant department to re-examine both applications.
At the beginning of 2023, 38 radio and television licenses were put out to tender for the years 2025-2034. In January 2024, the Canal B TV project from Cortaillod NE was awarded the contract for the Biel area. The Federal Department of the Environment, Transport, Energy and Communications (Uvek) came to the conclusion that Canal B was best placed to fulfill the performance mandate.
TeleBilingue lodged an appeal against this decision with the Federal Administrative Court. The broadcaster had held the license for the area since 1999 and until the end of 2024.
In a ruling published on Thursday, the Federal Administrative Court partially upheld TeleBielingue's appeal. It rejected the allegations regarding the financing of Canal B and confirmed that the broadcaster met the requirements for a license.
Valuation corrected
The judges in St. Gallen, however, corrected the evaluation of the Uvek with regard to several selection criteria. For example, the department's examination method violated federal law, as it led to the decision not to hire trainees. On the other hand, the authority had incorrectly corrected TeleBielingue's application and assessed an irrelevant criterion.
The Federal Administrative Court concludes that the two bids are largely equivalent. The Uvek is now being asked to re-examine the two applications in terms of their diversity of offerings and opinions. In the event of equivalence, the Radio and Television Act stipulates that the license is awarded to the broadcaster that contributes the most to the diversity of offerings and opinions.
The sponsors of the Canal B project, who already own the regional television channel Canal Alpha, expressed their disappointment at the decision in a written reaction. They are convinced that "their independence and innovative approach will make an important contribution to the diversity of opinions and offerings", explained Mystik SA, the company behind the project.
Criticism of Gassmann's media power
Mystik argues that TeleBielingue belongs to the Gassmann media group, which also operates the local radio station Canal 3. In addition, the group publishes the daily newspapers Bieler Tagblatt and Journal du Jura and operates the news portal Ajour.ch. TeleBilingue is therefore "part of one of the largest media conglomerates in French-speaking Switzerland".
For its part, the Gassmann Group was delighted with the "stage victory": "We are pleased to note that our application has been rated as equal," emphasized editorial director Nicoletta Cimmino in a press release.
The mayor of Biel/Bienne, Erich Fehr (SP), also expressed his satisfaction on Thursday. The Biel municipal council (executive) is of the opinion that the TeleBielingue offer better reflects the reality of bilingualism than the Canal B project.
The ruling of the Federal Administrative Court (FAC) is final and cannot be appealed to the Federal Supreme Court. In order not to jeopardize the security of supply, the FAC granted TeleBilingue a transitional licence for five months from the date of the ruling. (SDA)
