SWITZERLAND Law and Practice Contributed by: Lukas Morscher, Lukas Staub and Jil Eichenberger, Lenz & Staehelin
services are provided in all parts of the country and throughout the population. The Federal Media Commission (the “FMEC”) advises the Federal Council and the Federal Administration in relation to media issues. The Federal Radio and Television Act of 24 March 2006 (the “RTVA”), established an Independent Complaints Authority for Radio and Television, which deals with complaints that relate to the editorial programme and rules on disputes over denied access to a programme. In Switzerland, apart from the communications sector, regula - tion of the media sector is also dealt with at a federal level. The broadcasting, processing and reception of radio and television programme ser - vices are regulated by the RTVA and its imple - menting ordinances. Licensing Requirements Broadcasters of programme services are, in prin - ciple, required to obtain a licence. Broadcasters that neither request the splitting of revenue nor guaranteed wireless terrestrial distribution may operate their service without a licence. However, these broadcasters need to notify the OFCOM. Broadcasters of programme services of minor editorial importance (such as programme ser - vices that can only be received by fewer than 1,000 people at the same time) do not fall under the scope of the RTVA and do not need a licence or registration. If the broadcaster of a radio pro - gramme service is granted a licence under the RTVA, it is at the same time granted a licence under the TCA for use of the frequency spec - trum. This means no separate application is needed. Cable TV operators are under a duty to broadcast, in the respective coverage area, the TV programme services of broadcasters that have been granted a licence. Licences are awarded by public tender.
To be awarded a licence, the applicant must: • be able to fulfil the mandate; • possess sound financial standing; • be transparent regarding its owners; • guarantee compliance with employment law regulations and the working conditions of the industry, the applicable law and in particular the obligations and conditions associated with the licence; • maintain a separation of editorial and eco - nomic activity; and • have registered offices in Switzerland. In general, the number of licences a broad - caster and its group companies may acquire is limited to a maximum of two television and two radio licences (this does not apply to the SBC). If there are several applicants for one licence, preference will be given to the candidate that best fulfils the performance mandate. Often, independent applicants (ie, those not belonging to a media corporation that already possesses other licences) are deemed to be better able to fulfil this criterion by the DETEC. The fee per year for a broadcasting licence amounts to 0.5% of the gross advertising revenue that exceeds CHF500,000 and administrative charges will be incurred in relation to the radio and TV licence as well as to the telecommunications licence, calculated on the basis of time spent. A reduced rate applies to the granting, amending or cancel - ling of a licence for the broadcasting of a radio or television programme service as well as for the radio communications licence. There are no rules specifically applicable to the operation of online video channels (such as You - Tube) or on-demand streaming platforms (such as Spotify or Netflix). As these platforms provide on-demand rather than linear services, they are not subject to licensing under the RTVA. Since
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