(Art. 3 let. a RTVA)

¹ Broadcasters subject to the obligation to notify must provide the Federal Office of Communications (OFCOM)³ with the following information in particular:

a.

the name of the programme service and the main features of the programme service content;

b.

the name of the person responsible for editorial matters ;

c.

the domicile or registered office of the broadcaster;

d.

details which enable the public to establish quick and uncomplicated contact with the broadcaster, in particular the e-mail address and the web address;

e.

the nature and area of the technical broadcasting;

f.

the identity as well as the share of capital or voting rights of shareholders and other co-owners possessing at least one third of the capital or voting rights, as well as their holdings of at least one third in other undertakings in the media sector;

g.

the identity of board of directors and management members;

h.

the broadcaster's holdings in other undertakings of at least one third of the capital or voting rights, as well as holdings of these undertakings of at least one third in other undertakings in the media sector;

i.

programme-related cooperation with third parties;

j.

the number of employees;

k.⁴

the date of recording of the broadcast programme service.

² For the broadcasting of a programme service of a duration of 30 days at most, the obligation to notify is limited to the details in terms of paragraph 1 letters a-e.

³ OFCOM may publish the notified information.

⁴ The Federal Department of the Environment, Transport, Energy and Communications (DETEC)⁵ regulates which changes to notifiable circumstances must be reported to OFCOM and within which period.

(Art. 3 let. a RTVA)

Broadcasters subject to the obligation to notify must designate a correspondence address in Switzerland to which communications, writs and official decisions among other things may be delivered with legal force.

(Art. 5 RTVA)

¹ Broadcasters of freely-receivable television programme services must acoustically announce programmes which are unsuitable for young people or identify them as such by visual means throughout their entire period of transmission.

² Broadcasters of subscription television must enable their subscribers by means of appropriate technical precautions to prevent access by minors to content which is unsuitable for young people.

(Art. 7 para. 1 RTVA)

¹ Broadcasters of national and regional-language television programme services shall as far as practicable and with appropriate resources ensure that:

a.

at least 50 per cent of the relevant broadcasting time is reserved for Swiss or other European works;

b.

in their programme services at least 10 per cent of the relevant broadcasting time or at least 10 per cent of programme costs are reserved for Swiss or other European works made by independent producers. Appropriate space shall be reserved for works which are not older than five years.

² The relevant broadcasting time referred to in para. 1 does not include the time appointed to news, sports events, games, advertising and teletext services.

³ In their annual report to OFCOM, broadcasters shall report on the extent to which these quotas have been achieved or progress has been made compared with the previous year, the reasons why this is not the case and the measures taken or envisaged to achieve these quotas or to make progress.

⁴ If the information or the measures taken are not adequate to achieve the required quotas, the supervisory authority shall take measures in accordance with Article 89 para. 1 RTVA.

(Art. 7 para. 3 and 24 para. 3 RTVA)

¹ The Swiss Broadcasting Corporation (SRG SSR) shall subtitle its contributions for each linguistic region to the following extent:

a.

in its television programme service: three quarters of the entire broadcasting time for editorial programmes;

b.

on the internet: two thirds of the programming that is only offered on the internet.

² It shall ensure that the largest possible number of programmes broadcast in the first television programme services between 18.00 and 22.30 are accessible to the visually impaired.

³ It may achieve the numbers in paragraphs 1 and 2 by gradual expansion.

⁴ SRG SSR must broadcast every day in each official language at least one information programme in sign language.

⁵ At least one third of television programme services that are offered in terms of Article 25 paragraph 4 RTVA in collaboration between SRG SSR and other broadcasters must be subtitled.

⁶ Programming for people with sensory disabilities, and the scope of the other services to be provided by SRG SSR, as well as the schedule for implementation, are fixed in an agreement between SRG SSR and the disabled persons associations concerned. If no agreement is reached or if the existing agreement is terminated without being replaced, DETEC shall fix the services to be provided by SRG SSR.

⁷ Every three years at least, OFCOM shall examine the possibility of increasing the proportion of television programmes adapted for the disabled. If the regulations in force no longer appear to be appropriate, DETEC shall request the Federal Council to amend them.

(Art. 7 para. 3 and 4 RTVA)⁸

¹ Television broadcasters with a national or regional-language programme service which do not broadcast their programme service in cooperation with SRG SSR must provide the visually impaired or hard of hearing with at least one weekly programme adapted for the disabled, during prime time.

² OFCOM exempts broadcasters from the obligation relating to editing to ensure disabled access if their annual operating expenditure is less than CHF 1 million, if their programme service is not suitable for disabled-access editing or if they transmit a programme service with low broadcasting activity.⁹

³ Licensed regional television broadcasters must provide subtitles for their main information programme, at the latest from its first and in subsequent repeats. In the case of broadcasters that have main information programmes in two languages, the foregoing applies to both languages.¹⁰

⁴ OFCOM shall fix the maximum amount of the payment for each broadcaster in advance based on the available resources and the anticipated level of the chargeable costs of fulfilling the obligation under paragraph 3. The definitive calculation is made as soon as the broadcaster submits its final account.¹¹

(Art. 8 para. 1-3 RTVA)

¹ SRG SSR and all broadcasters with a licence based on Article 38 paragraph 1 letter a or 43 paragraph 1 letter a RTVA must broadcast the following information:

a.

urgent police announcements;

b.

the following announcements in terms of the Civil Protection Ordinance of 11 November 2020¹³:¹⁴

1.

official alarms and related instructions on conduct, as well as the all-clear announcements and the relaxation or lifting of instructions on conduct,

2.

warnings issued by the authorities of natural dangers and earthquake reports of levels 4 and 5 as well as related all-clear announcements,

3.

announcements correcting false alarms,

4.

warnings relating to siren tests.

c.¹⁵

a public mobilisation call for active service pursuant to Article 3 of the Ordinance of 22 November 2017¹⁶ on Mobilisation for Specific Civil Support and Active Service Duties.

² The broadcasts are made on the order:

a.

of the competent cantonal authority in the case of events which the cantons are responsible for dealing with;

b.¹⁷

the competent federal authorities, and in particular the Joint Operations Command, the Federal Chancellery and the National Emergency Operations Centre (NEOC), in the case of events which the Confederation is responsible for dealing with;

c.

the specialist federal agencies responsible for warnings and earthquake reports in accordance with the AlarmO in the case of natural dangers.

³ The authority issuing the order under paragraph 1 shall ensure that broadcasters and telecommunications service providers are informed in full and in good time.

⁴ The broadcast is made:

a.

in the coverage area that could be affected by the danger;

b.

free of charge and with information on the source;

c.

immediately; in the case of warnings issued by the authorities of natural dangers and earthquake reports they shall be made at the first opportunity or as quickly as possible; in the case of siren tests, they shall be made on several occasions before the test is carried out;

d.

in principle without modification; storm warnings may be edited provided the essential content remains the same;

e.¹⁸

regularly over the 24 hours following a public mobilisation call for active service.

⁵ DETEC shall regulate the details of the broadcasts.

(Art. 8 para. 4 RTVA)

¹ If direct access to the Confederation's official sources of information is no longer possible to the same extent for all broadcasters in a crisis situation because of technical circumstances or limited space, the first radio programme services of the SRG SSR shall take precedence.

² The Federal Chancellery shall guarantee that non-accredited broadcasters will be able to access the SRG SSR's corresponding electronic raw material immediately and free of charge.

(Art. 10 para. 3 and Art. 2 let. k and o RTVA)

¹ The following do not qualify as advertising:

a.

references to the programme service in which they are broadcast;

b.¹⁹

references to programmes in other programme services by the same undertaking with no advertising character;

c.

references to ancillary products broadcast free of charge which are directly related in terms of content to the programme service in which they are broadcast;

d.

brief appeals for donations to non-profit organisations where any payment or similar consideration given to the broadcaster covers no more than the production costs.

² Surreptitious advertising is the representation, of an advertising nature, of goods, services or ideas in editorial programmes, in particular if it is done in return for payment.

³ The coproduction of a programme by natural or legal persons who are engaged in the radio or television sector or in the production of audio-visual works is not considered to be sponsorship of a programme.

(Art. 9 RTVA)

¹ Advertising must be separated from editorial programmes by a special acoustic or optical identification signal. In television, the term «advertising» in the relevant national language must be used when this is done.

^1bis If an advertising spot up to 10 seconds in length is broadcast on television separately in accordance with Article 18 paragraph 1, a discrimination signal may be dispensed with if the advertising spot is made continuously and clearly identifiable by the display of the term «Advertisement» in the relevant national language on the screen.²⁰

² Self-contained advertising transmissions on television which last longer than 60 seconds must be clearly and recognisably identified throughout by the display of the term «Advertisement» in the relevant national language on the screen.²¹

³ Self-contained advertisements on the radio which are not clearly identifiable as such shall not last longer than 60 seconds.

⁴ In the advertising of local or regional radio broadcasters whose coverage area contains fewer than 150,000 inhabitants of 15 years of age and above, editorial employees may participate provided they do not present news or current affairs programmes. The same applies to local or regional television broadcasters whose coverage area contains fewer than 250,000 inhabitants who are 15 years of age or over.

(Art. 9 para. 1 and 11 para. 1 RTVA)

¹ Advertising may be inserted in part of the screen during editorial programmes if:

a.

the area used for advertising constitutes a unit bordering the edge of the screen, does not visually split the editorial content and does not cover more than one third of the screen area;

b.

the advertising is separated by clearly visible borders and a different visual design from the editorial programme and is continuously identified by the clearly legible caption 'Advertising' in the relevant national language;

c.

the advertising is restricted to a visual representation.

² Split-screen advertising is not permitted in news or current affairs programmes, children's programmes or during the broadcasting of religious services.

³ Split-screen advertising is counted towards the advertising time as defined in Article 19.

(Art. 9 para. 1 RTVA)

¹ If the viewer has the possibility of switching from the programme to an interactive advertising environment by activating an on-screen button, the following conditions must be met:

a.

after activation, the viewer must be informed that he or she is leaving the television programme and entering a commercial environment;

b.

after the information according to letter a, the viewer must confirm entry into the commercial environment;

c.

the screen immediately following the confirmation must not contain advertising for products or services for which advertising is banned in accordance with Article 10 paragraphs 1 and 2 RTVA.

² If the button which leads to the interactive advertising environment is inserted into the editorial part of the programme, the provisions of Article 13 apply to the inserted button.

(Art. 9 para. 1 RTVA)

¹ Virtual advertising is the modification of the transmitted signal to replace advertising areas at the site of the recording by others.

² Virtual advertising is permitted under the following conditions:

a.

the advertising surface to be replaced is associated with a public event organised by a third party;

b.

it replaces an existing immobile advertising surface at the site of the recording which was erected by third parties especially for this event;

c.

the advertising visible on-screen may use moving images only if the replaced advertising surface already contained moving images;

d.

at the start and end of the programme concerned, reference must be made to the fact that the programme contains virtual advertising.

³ Virtual advertising is not permitted in news or current affairs programmes, children's programmes or during the broadcasting of religious services.

⁴ Articles 9 and 11 RTVA are not applicable.

(Art. 10 para. 1 let. b and c RTVA)

¹ Advertising for alcoholic beverages must comply with the following rules:

a.

advertising for alcoholic beverages must not be addressed specifically to minors;

b.

no-one associated with the consumption of alcoholic beverages should appear to be a minor;

c.

the consumption of alcoholic beverages may not be linked to physical performance or driving vehicles;

d.

it must not be claimed that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of solving personal problems;

e.

advertising for alcoholic beverages must not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;

f.

the alcohol content of beverages must not be stressed.

² No advertising for alcoholic beverages may be broadcast before, during or after programmes which are aimed at children or young people.

³ Offers for the sale of alcoholic beverages are not permitted.

⁴ In programmes which are subject to a ban on advertising for alcoholic beverages, advertising for an alcohol-free product must not generate any advertising effect for beverages which contain alcohol. In particular, the scenario, references to the product and the manufacturer, design elements, backgrounds and persons must differ from those which are used in commercial communication for alcoholic beverages from the same manufacturer. The advertised product must be available on the market.

(Art. 10 para. 1 let. d RTVA)

¹ Any group which takes part in popular elections is considered to be a political party.

² Political offices are offices to which persons are appointed by popular elections.

³ The prohibition on advertising relating to matters that are the subject of a popular vote applies from the moment of publication of the date of the vote by the competent authority.

(Art. 11 para. 1 RTVA)

¹ Advertising spots may be transmitted individually between programmes and during the transmission of sporting events.

² The following transmissions may be interrupted by advertising once for each programmed period of at least 30 minutes:

a.

cinema feature films;

b.

television films, with the exception of series, serials and documentary films;

c.

news programmes and programmes relating to current political events.

³ Programmes for children and religious services programmes must not be interrupted by advertising.

⁴ No restrictions apply to any other programmes, in particular series, serials and documentary films.

⁵ In the case of the transmission of events which include breaks, in addition to paragraph 2 the insertion of advertising during the breaks is permitted.

⁶ For programmes which consist of independent parts, the insertion of advertising is permitted only between these parts.

⁷ For non-licensed radio programme services and for non-licensed television programme services which cannot be received abroad, no restrictions apply to the insertion of advertising with the exception of the restriction mentioned in paragraph 3.

(Art. 11 para. 2 RTVA)

¹ Advertising spots may take up a maximum of twelve minutes within one natural complete hour.²⁴

² For non-licensed radio programme services and for non-licensed television programme services which cannot be received abroad, no restrictions apply to the duration of advertising.

(Art. 12 para. 2 and 3, and 13 para. 4 RTVA)

¹ Sponsored programmes must be identified as such. In particular, the sponsor's name, company logo or another symbol, products and services may be used for this purpose.

² Each mention of the sponsor must establish a clear relationship between the sponsor and the programme.

³ The mention of the sponsor must not directly encourage the conclusion of transactions relating to goods or services, in particular by means of sales promotion information relating to these goods or services.

⁴ During the transmission of a television programme, the sponsorship relationship may be briefly mentioned again (insert). One insert per sponsor is permitted every ten minutes of transmission time. Inserts are not permitted in children's programmes.

(Art. 9 para. 1, 12 para. 3 and 13 para. 4 RTVA)

¹ Goods and services which a sponsor makes available may be integrated into the programme (product placement). Product placement is subject to the provisions relating to sponsorship unless this Article provides otherwise.

² Product placement is not permitted in children's programmes, documentary films and religious broadcasts, unless the sponsor merely provides goods or services of low value free of charge, in particular as production aids or prizes, and does not provide any additional remuneration.

³ Clear reference must be made to product placement at the start and end of the broadcast and after each advertising break. A single reference suffices for product placements, production aids and prizes of a low value of up to CHF 5000.

⁴ The following cinema feature films, television films and documentary films are exempted from the identification obligation according to paragraph 3:

a.

those not produced or commissioned by the broadcaster itself or by a company controlled by the broadcaster;

b.

those commissioned by the broadcaster from independent film producers and co-financed by the broadcaster below the level of 40 percent (co-productions).

(Art. 14 para. 1 and 3 RTVA)

¹ In SRG SSR's television programme services, the following programmes may be interrupted by advertising:

a.

news and current affairs programmes: once for each programmed period of at least 90 minutes;

b.

other programmes:

1.

between 18:00 and 23:00: once for each programmed period of at least 90 minutes,

2.

at other periods of the day: once for each programmed period of at least 30 minutes.²⁷

^1bis Children's programmes and broadcasts of religious services may not be interrupted by advertising.²⁸

² In SRG SSR's television programme services:

a.²⁹

advertising spots and longer forms of advertising may together amount to a maximum of 15 per cent of the daily transmission time;

b.

between 18:00 and 23:00, advertising spots and longer forms of advertising may together amount to a maximum of 12 minutes within one full clock hour;

c.

at other periods of the day, advertising spots may amount to a maximum of 12 minutes within one full clock hour.

³ Split-screen advertising and virtual advertising are not permitted except during the broadcasting of sports events.

⁴ The transmission of sales programmes is not permitted.

⁵ In its radio programme services, SRG SSR may broadcast self-advertising in so far as this serves predominantly to build audience loyalty.

⁶ References to events for which SRG SSR has entered into a media partnership may be broadcast as self-advertising if they serve predominantly to build audience loyalty and the media partnership was not concluded for the purpose of financing the programme service. A media partnership exists when cooperation exists between the broadcaster and the organiser of a public event and the broadcaster undertakes to refer to the event in the programme service and is compensated with advantages at the location and similar services.

⁷ The mention of sponsors in SRG radio programme services may only include elements which serve to identify the sponsor.³⁰

(Art. 14 para. 3 RTVA)

In the other journalistic services of SRG SSR that are required in addition to radio and television programme services to fulfil the programme service mandate and which are financed from radio and television fees (Art. 25 para. 3 let. b RTVA), advertising and sponsorship are not permitted, with the following exceptions:³¹

a.

sponsored programmes transmitted in the programme service which are also available on demand must be provided with the corresponding mention of the sponsor;

b.

programmes that are available on demand and which include split-screen advertising or virtual advertising may be provided unmodified;

c.

advertising and sponsorship are permitted in the teletext service. The advertising and sponsorship provisions of the RTVA and this Ordinance which apply to SRG SSR's programme services are applicable, mutatis mutandis; details are set out in the licence;

d.

in the licence, other exceptions may be specified for programming which arise in cooperation with non-profit-making third parties, as well as with reference to self-advertising.

(Art. 16 RTVA)

¹ Any transfer of share capital, registered capital, cooperative capital, or the voting rights of a licensed broadcaster of at least 5 per cent or for a non-licensed broadcaster at least one third is subject to the obligation to notify.

² Moreover, any transfer as a result of which economic control of the broadcaster changes is subject to the obligation to notify.

³ Notification must take place within one month.

⁴ Non-licensed broadcasters whose annual operating costs do not exceed CHF 1 million are exempt from the obligation to notify.³²

(Art. 16 RTVA)

¹ Participation in a different enterprise is subject to the obligation to notify if a licensed broadcaster owns at least 20 per cent, or in the case of a non-licensed broadcaster at least one third, of the share capital, registered capital, cooperative capital, or the voting rights of an enterprise.

² All changes in the holdings which are subject to the obligation to notify in accordance with para. 1 must also be notified.

³ Notification must take place within one month.

⁴ Non-licensed broadcasters whose annual operating costs do not exceed CHF 1 million are exempt from the obligation to notify.³³

(Art. 17 para. 2 let. a RTVA)

The obligation to provide information in accordance with Article 17 paragraph 2 letter a RTVA also applies to legal and natural persons who are active in the radio and television market or in a related market, and:

a.

at least 20 per cent of their share capital, registered capital, cooperative capital or the voting rights is owned by a licensed broadcaster or at least one third of their share capital, registered capital, cooperative capital or the voting rights is owned by non-licenced broadcaster; or

b.

who own at least 20 per cent of the share capital, registered capital, cooperative capital or the voting rights of a licensed broadcaster or at least one third of a non-licensed broadcaster.

(Art. 18 RTVA)

¹ All licensed broadcasters and other broadcasters whose operating costs exceed CHF 1 million must submit an annual report.³⁴

² In particular, the annual report of a licensed broadcaster must include the following details:

a.

the name and place of residence or domicile of the broadcaster;

b.

the identity of board of directors and management members;

c.

the identity as well as the share of capital or voting rights of shareholders and other co-owners possessing at least 5 per cent of the capital or voting rights of the broadcaster, as well as their holdings of at least 20 per cent in other undertakings in the media sector;

d.

the broadcaster's holdings in other undertakings of at least 20 per cent of the capital or voting rights, as well as holdings of these undertakings of at least 20 per cent in other undertakings in the media sector;

e.

the fulfilment of the requirements in Article 7 RTVA and of the legal and licensing obligations and conditions, in particular the fulfilment of the performance mandate;

f.

the programme service content;

g.

the number of employees;

h.³⁵

the training and professional development of programme producers;

i.

the technical means and the area of broadcasting;

j.³⁶

…

k.³⁷

the total expenditure as well as partial expenditure in the areas of personnel, programming, broadcasting and administration;

l.

total revenue as well as partial revenues in the areas of advertising and sponsorship.

³ The annual report of a non-licensed broadcaster must include the following details in particular:

a.³⁸

the details in paragraph 2 letters a, b and f, g, and i;

b.

the identity as well as the share of capital or voting rights of shareholders and other co-owners possessing at least one third of the capital or voting rights of the broadcaster, as well as their holdings of at least one third in other undertakings in the media sector;

c.

the broadcaster's holdings in other undertakings of at least one third of the capital or voting rights, as well as holdings of these undertakings of at least one third in other undertakings in the media sector;

d.

the fulfilment of the requirements in Article 7 RTVA and of the legal obligations and conditions;

e.³⁹

the total expenditure and total revenue.

⁴ OFCOM may publish the information from the annual reports which are explicitly mentioned in paras. 2 and 3.

⁵ All licensed broadcasters must submit annual accounts comprising a profit and loss account, balance sheet and annex, as well as the auditor's report. DETEC may issue regulations on accounting and on separate accounting in accordance with Article 41 paragraph 2 RTVA.⁴⁰

⁶ The balance sheet and the profit and loss account must be prepared according to a special accounting plan.⁴¹

⁷ The annual report and annual accounts must be submitted to OFCOM by the end of April of the following year.

(Art. 20 RTVA)

¹ Broadcasters with a music programme service without advertising and sponsorship are exempt from the recording obligation, if the programme service does not contain any spoken information. It must be possible to reconstruct the programme service by means of playlists.

² Broadcasters under paragraph 1 are obliged to provide the titles of the music broadcast at the request of the supervisory authority.

³ The recording and retention period for contributions forming part of the other journalistic services from SRG SSR amounts to:

a.

for programmes broadcast in the programme service that are kept ready for replay: four months from being broadcast in the programme service;

b.

for contribution in the same election or vote dossier (Art. 92 para. 4 RTVA): four months from the date of publication but no longer than two months following the date of the election or vote;

c.

for other contributions produced by the editorial staff: two months from the date of publication.⁴²

⁴ The recording and retention in terms of paragraph 3 applies to contributions that are published for at least 24 hours without modification.⁴³

(Art. 19 RTVA)

OFCOM shall ensure the collection and processing of data and the other statistical work that is necessary to produce the statistics in accordance with Article 19 paragraph 1 RTVA (broadcasting statistics). It coordinates the work in application of the Ordinance of 30 June 1993⁴⁴ on the Organisation of Federal Statistics with the Federal Statistical Office and cooperates with the latter.

(Art. 19 RTVA)

¹ For the production of the broadcasting statistics, OFCOM uses the data obtained in implementation of the radio and television legislation, in particular the information related to the obligation to notify and in the annual reports in accordance with Article 27 paragraphs 2 and 3.

² OFCOM may:

a.

collect any other data necessary for the broadcasting statistics from broadcasters of Swiss programme services;

b.

use the data from other authorities and organisations obtained in the application of federal law.

³ Broadcasters shall provide OFCOM free of charge with the information necessary for the production of the broadcasting statistics in the desired form.

(Art. 19 RTVA)

¹ Data acquired solely for statistical purposes may not be used for other purposes unless there is a legal basis for this or the broadcaster concerned has given its consent in writing.

² In order to guarantee data protection and confidentiality of statistics, OFCOM shall take the necessary technical and organisational measures against improper processing of the data it uses.

³ OFCOM may forward the data in paragraph 1 for statistical and scientific purposes if it is guaranteed that the recipients will comply with data protection.

(Art. 19 RTVA)

¹ OFCOM publishes the statistical results that are of public interest. It may make them accessible online.

² The results in terms of paragraph 1 must be in a form that excludes the identification of any natural or legal person unless the processed data has been made available to the public by OFCOM or by the person concerned or if the person consents to publication.

³ The use or reproduction of statistical results in terms of paragraph 1 is permitted if the source is quoted. OFCOM may provide for exceptions.

(Art. 21 RTVA)

¹ The SRG SSR shall ensure the permanent conservation of its programmes.

² It shall make its programme archives accessible to the public in a suitable form for personal and for scientific use, while respecting the rights of third parties.

³ In carrying out its tasks in terms of paragraphs 1 and 2, SRG SSR shall work with specialist institutions for audio-visual heritage in order to ensure that the archiving is carried out and access is guaranteed according to recognised professional standards.

⁴ SRG SSR costs shall if necessary be taken into account in accordance with Article 68a paragraph 1 letter a RTVA.

(Art. 21 RTVA)

¹ OFCOM may support projects related to the permanent conservation of programmes from other Swiss broadcasters.

² Programmes that are permanently conserved with OFCOM support must be made accessible to the public in a suitable form for personal and for scientific use, while respecting the rights of third parties.

(Art. 15 and 22 RTVA)

¹ All revenue received from advertising and sponsorship in the programme service of a licensed broadcaster by the broadcaster itself or by third parties is deemed to be gross revenue from advertising and sponsorship.

² For each calendar year, the licence fee shall be 0.5 per cent of gross revenue in excess of CHF 500,000. If the fee is chargeable for only part of a year, the exemption amount is reduced proportionately.

³ The licence fee is charged on the basis of the gross revenue achieved in the previous calendar year.

⁴ In the broadcaster's first two years of operation, the calculation of the licence fee is based on the gross revenue budgeted for. If, on examination of the actual gross revenue achieved in these years, the amount of the fee proves to be too high or too low, then a reimbursement will be made or an additional amount will be charged.

⁵ When the licence expires, the licence fee for the year of cessation of transmission operations and the preceding calendar year is charged on the basis of the gross revenue achieved in these years. If the fee charged up to cessation of operations proves to be too high or too low, then a reimbursement will be made or an additional amount will be charged.

⁶ OFCOM shall verify the reported gross revenues and issue the decision concerning the fee. OFCOM may commission external experts to carry out this verification.

(Art. 54 para. 4 RTVA and Art. 24 para. 1bis TCA)

¹ The Federal Council shall issue directives for the use of radio frequencies which are intended entirely or in part for the broadcasting of radio and television programme services in accordance with the national frequency allocation plan (Art. 25 of the Telecommunications Act of 30 Apr. 1997⁶¹; TCA), and for the award of radiocommunication licences for such frequencies.

² The Federal Communications Commission and interested parties shall be consulted before the directives are issued.

³ Radiocommunication licences for the utilisation of frequencies in accordance with paragraph 1 may be put out to public tender or awarded only when, based on the directives in accordance with paragraph 1, DETEC has laid down the details of the specific use of the frequencies.

(Art. 55 para. 2 RTVA)

¹ Chargeable costs for the calculation of the cost-based compensation in accordance with Article 55 paragraph 2 RTVA are the telecommunications service provider's costs that are in a causal relationship with the broadcasting of the programme service concerned (relevant costs). These include:

a.

the additional costs for the parts of the installation used by the broadcaster; and

b.

a proportional element of the joint costs and overheads.

² The costs in accordance with paragraph 1 must be determined according to the following principles:

a.

the costs correspond to the expenditure and investments of an efficient provider;

b.

the installation is valued using book values;

c.

the amortisation period takes account of the economic life of the installation;

d.

the data used for the calculation must be transparent and must come from reliable sources;

e.

interest on the capital employed is charged in accordance with conditions which are customary for the sector.

³ If a telecommunications service provider broadcasts an access-entitled programme service, it shall keep this activity separate in its accounting system from all other activities and shall bill the broadcaster separately for the costs of broadcasting the programme service. The telecommunications service provider shall carry out the accounting in accordance with the recognised principles of best practice.

¹ A contribution in accordance with Article 57 paragraph 1 RTVA shall be paid to broadcasters of radio programme services with a fee-sharing licence whose annual operating costs for broadcasting the programme service and feeding the transmission signal are extraordinarily high in relation to the number of persons covered.

² DETEC shall determine the level of cost per person covered from which a broadcaster has a claim to a contribution and which services are chargeable as costs.

³ The available credit is split between broadcasters entitled to a contribution in relation to the cost per person covered. The basis for the calculation is the previous year's operating costs for broadcasting and the signal feed.⁶²

^3bis A contribution may amount to a maximum of one quarter of these operating costs. If the entire credit is not exhausted because of this restriction, the remaining sum is split according to the principle in paragraph 3 between those broadcasters entitled to a contribution for whom less than a quarter of their operating costs have been covered.⁶³

⁴ If a broadcaster is entitled to a contribution, OFCOM shall determine this each year in a decision. If the broadcaster does not provide the necessary information as part of the annual report in due time (Art. 27 paragraph 7) or provides incomplete information so that the information cannot be taken into account in the calculation of contributions in accordance with para. 3, the broadcaster has no claim to a contribution for the year in question.

⁵ In a broadcaster's first two years of operation, the basis for calculation is its budgeted expenditure for the contribution year, rounded up to a full year. If a contribution paid proves to be too high or too low on the basis of the actual costs, then a reimbursement will be made or an additional amount will be paid within the framework of the available credits.

(Art. 58 RTVA)

¹ OFCOM may contribute towards the introduction of terrestrial digital audio broadcasting (T-DAB).

² DETEC shall specify in advance the date from which sufficient other financing options are available. In doing so it shall take particular account of the availability and use of reception equipment.

³ No broadcaster may receive contributions for a specific form of broadcasting for longer than ten years.

(Art. 58 RTVA)

¹ Contributions towards the introduction of new broadcasting technologies are only made in response to an application.

² They are only made to Swiss broadcasters.

³ The subsidy amounts to a maximum of 80 per cent of the cost of broadcasting the programme service. Only broadcasting costs that are proportionate to the benefits are chargeable.

⁴ If OFCOM's resources are not sufficient to cover all applications that meet the requirements, all contributions in the year concerned shall be reduced by the same proportion. DETEC may decide on an order of priorities.

⁵ The Subsidies Act of 5 October 1990⁶⁶ applies.

(Art. 109a RTVA)

¹ 45 million francs shall be made available for the uses under Article 109a paragraphs 1 and 2 RTVA.

² OFCOM shall determine the amounts made available for the various purposes under Articles 84 and 85.

(Art. 109a para. 1 let. a RTVA)

¹ On request, OFCOM shall support the training and continuing professional development of employees of fee-sharing broadcasters. Support is provided for training and continuing professional development courses in the areas of journalistic skills and competences, editorial management, quality assurance and in technical and financial matters provided they serve to fulfil the performance mandate.

² Support is provided in particular to:

a.

employees who use the professional services of external training and continuing professional development institutions as well as journalism- and media-related institutions and organisations;

b.

broadcasters that offer their employees a specific internal training or continuing professional development course in cooperation with external specialists from training and continuing professional development institutions and from journalism- and media-related institutions and organisations;

c.

complementary, non-profit-orientated radio broadcasters that continuously train several interns at the same time and which have employed related specialists for this purpose;

d.

specific training and continuing professional development courses from training and continuing professional development institutions and from journalism- and media-related institutions and organisations that are tailored to the specific needs of local and regional fee-sharing broadcasters;

e.

organisers of continuing professional development conferences devoted primarily to new media that are aimed at employees of fee-sharing broadcasters.

³ The following are in particular eligible, provided they are not covered by other public subsidies:

a.

the cost of courses in terms of paragraph 2 letter a;

b.

the cost of external specialists in terms of paragraph 2 letter b;

c.

the cost of specialists in terms of paragraph 2 letter c;

d

the cost of planning and holding training courses and conferences including the preparation of related course documentation in terms of paragraph 2 letters d and e.

⁴ Support amounts to a maximum of 80 per cent of the eligible costs.

⁵ OFCOM shall periodically determine the available amount and verify the effectiveness of the use made of the resources.

(Art. 109a para. 1 let. b RTVA)

¹ The subsidy paid to fee-sharing broadcasters amounts to a maximum of 80 per cent:

a.

of the sum that the broadcaster pays for the T-DAB broadcasting of its programme service;

b.

of the investments required for processing new broadcasting technologies.

² DETEC shall designate the chargeable expenditures in terms of paragraph 1 letter b.

³ The provisions of Articles 50 and 51 apply unless this Article provides otherwise.

(Art. 109a para. 1 let. b RTVA)

¹ The subsidy paid to fee-sharing television broadcasters amounts to a maximum of 80 per cent of their chargeable expenditures.

² DETEC determines the television production techniques worthy of promotion.

³ The provisions of Articles 50 and 51 apply unless this Article provides otherwise.

(Art. 109b para. 2 RTVA)

¹ The reception fee shall be replaced by the radio and television fee (change in system) on 1 January 2019.¹⁰²

² Until the change in system, the Swiss collection agency for Radio and Television Reception Fees (the previous fee collection agency) shall collect the reception fee in accordance with the previous law (Art. 58-70 and 101 Federal Act of 24 March 2006 on Radio and Television [RTVA 2006]¹⁰³ and the previous Articles 57-67¹⁰⁴).

³ The radio and television fee shall be collected following the change in system.

(Art. 109b para. 4 RTVA)

¹ The reception fee shall be collected until the change in system.

² In the last 12 months before the date of change in system, the previous fee collection agency shall invoice the fee for the remaining time in accordance with the previous staggered scale (Article 60a paragraph 2¹⁰⁵).

³ The following applies to the invoicing and due date:

a.

the invoices for the first month shall be issued at the start of the month and are due for payment within 30 days;

b.

the invoices for the last three months shall all be issued at the end of the month previous to the last three months and are due for payment at the end of the third last month;

c.

The invoices for the other months shall be issued at the end of the previous month and are due for payment at the end of the month.

¹ In the first year of collection, the staggered system of invoicing for the household fee under Article 58 paragraph 1 shall be established. The collection agency shall specify reduced fee periods of between one and eleven months.

² All invoices in terms of paragraph 1 shall be issued in the first month of the fee period and are due for payment within 30 days.

³ Some households shall already receive an invoice for 12 months. The due date is governed by Article 59 paragraph 1.

(Art. 69g RTVA)

¹ The communes and cantons shall begin the monthly data deliveries to the collection agency under Article 67 at the latest 18 months after this provision comes into force. The first delivery must comprise the entire data set with all characteristics.

² The collection agency shall confirm to the authority delivering the data that the data delivery has been made in accordance with statutory requirements and without technical difficulties, or it shall report the difficulties that occurred.

³ A contribution under Article 69g paragraph 4 RTVA amounts to a single maximum payment of:

a.

2000 francs to a commune;

b.

25 000 francs to a canton.

⁴ The following are required in order to receive a contribution in terms of paragraph 3:

a.

an application by the canton or commune to the collection agency;

b.

proof of the effective, specific investment costs;

c.

confirmation from the collection agency in terms of paragraph 2.

⁵ In the absence of proof in terms of paragraph 4 letter b, a lump sum payment shall be made. This amounts to 500 francs per commune and 5000 francs per canton.

(Art. 69g RTVA)

The FDFA shall provide the collection agency with the data required to collect the fee under Article 67a at the latest 18 months after this provision comes into force.

(Art. 69b and 109b RTVA)

¹ The previous fee collection agency shall provide the new collection agency at the latest 18 months after this provision comes into force with the following data on persons exempt from the fee (former Art. 64¹⁰⁶), provided the data is available:

a.

surname and first name;

b.

home address;

c.

date of birth;

d.

language for correspondence;

e.

surname and first name of the persons living in the same private household as the person exempt from the fee.

² The details are governed by the previous Article 66 paragraph 3¹⁰⁷.

(Art. 109b RTVA)

¹ Following the change in system, Articles 68-70 and 101 paragraph 1 RTVA 2006¹⁰⁸ and the previous Articles 57-67¹⁰⁹ of this Ordinance continue to apply to circumstances that arose prior to the change in system, including competencies, unless the said articles provide otherwise.

² Following the change in system, DETEC may instruct the previous fee collection agency or another external agency to collect the reception fees and carry out related duties for a limited period.

³ Receivables due to the Confederation by persons and undertakings liable to pay the fee at the time of the change in systems remain due.

⁴ When the previous fee collection agency or a different external agency in terms of paragraph 2 ceases its activities, OFCOM shall take over all duties connected with collecting the reception fees. In derogation from Article 69 paragraph 5 RTVA 2006, legal recourse is governed by the general provisions on the administration of federal justice, insofar as OFCOM issues debt enforcement orders.

⁵ When the previous fee collection agency ceases its activities, the new collection agency assumes responsibility for the certificates of loss for outstanding reception fees.

⁶ The prescriptive period for reception fees remains governed by the previous Article 61 paragraph 3¹¹⁰.

⁷ The expenditure of the external agencies and of OFCOM in terms of paragraphs 2 and 4 is covered by the revenue from the reception fees. If this revenue is insufficient, the expenditure shall be covered by the revenue from the radio and television fee.

⁸ If the revenue from the reception fees exceeds the compensation payments in terms of paragraph 7, it shall be passed on to SRG SSR.

(Art 109b para. 5 RTVA)

¹ If the change in system takes place in the first half a calendar year, allocation to the tariff categories is based on the total turnover in the VAT tax period that ended in the year previous to the previous year.

² In the first year, the FTA shall electronically invoice all undertakings liable to pay the fee for which the information required for their allocation to a tariff category is available for the fee in the first month following the change in system. The FTA shall invoice the remaining undertakings electronically as soon as the required information is available.

(Art 109c para. 1 RTVA)

¹ An application for an exemption from the fee may be made in writing at any time after receipt of the invoice to the collection agency.

² Any person listed on the fee invoice may apply. This applies to all members of the household concerned.

³ The collection agency shall provide an application form. The application may only be made on this form. OFCOM shall specify the content of the form.

⁴ If the application is made within 30 days of the date on the annual invoice or the first three-month invoice of any fee period and is approved, the exemption applies retrospectively from the start of the relevant fee period until its end. If the application is made later, the exemption applies from the following month until the end of the relevant fee period. The collection agency shall send the adults in the household written confirmation.

⁵ No charge is made for processing the application.

⁶ The collection agency shall notify OFCOM of the households exempted from the fee and their members.

⁷ If a household is dissolved, the exemption of its former members from the obligation to pay expires.

(Art. 109c para. 2 RTVA)

Devices suitable for receiving radio or television programme services are:

a.

devices intended for receiving programme services or which contain components that are exclusively intended for receiving such services;

b.

multifunctional devices, provided they are equivalent to devices in terms of letter a in view of the range of programme services receivable and reception quality.

(Art. 109c para. 4 RTVA)

¹ Written notification must be given to the collection agency of any means of reception in terms of Article 109c paragraph 4 RTVA.

² Each adult member of the private household is responsible for the notification.

³ The obligation to pay begins on the first day of the month following the date on which the reception device became capable of operation or began operating.

⁴ The collection agency shall notify OFCOM of households newly liable to pay the fee and of their members.