Federal Act on Radio and Television (RTVA) (RTVA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Rules
Art. 51 Principle
1 Broadcasters may broadcast their programme services themselves on the basis of the provisions of telecommunications law or commission a telecommunications service provider to broadcast the programme services. 2 The broadcasting services are provided on fair, reasonable and non-discriminatory terms. 3 Article 47 TCA concerning communication in extraordinary situations is applicable to broadcasters which transmit their programme services themselves.
Para. 3 — SR 784.10
Art. 52 Restrictions
1 OFCOM may restrict or prohibit the transmission of a programme service using telecommunications techniques if the programme service: a. infringes international telecommunications law which is binding on Switzerland; b. seriously and continuously violates the international regulations which are binding on Switzerland regarding programme content, advertising or sponsorship; or c. is the subject of a ban on broadcasting in accordance with Article 89 paragraph 2. 2 Both the broadcaster of the programme service in question and the telecommunications service provider which broadcasts the programme service or feeds the signal for broadcasting may object to the decision of OFCOM. 3 ...
Para. 3 — Repealed by No I of the Federal Act of 26 Sept. 2014, with effect from 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Chapter 2 Wireless Terrestrial Broadcasting of Pro
Art. 53 Access-entitled programme services
The following are access-entitled for wireless terrestrial broadcasting within the framework of the licence: a. the programme services of the SRG SSR; b. the programme services of broadcasters which hold a licence with a performance mandate.
Art. 54 Frequencies for programme services
1 The Federal Council shall ensure that sufficient frequencies are made available to fulfil the constitutional performance mandate of radio and television (Art. 93 para. 2 FC). In particular, it shall ensure that access-entitled programme services can be transmitted using wireless terrestrial technology in the intended coverage area and shall specify the relevant principles. 2 For frequencies or frequency blocks which are used in accordance with the national frequency allocation plan (Art. 25 TCA) for the broadcasting of radio and television programme services, it determines: a. the broadcasting area; b. the number of radio or television programme services which are to be broadcast, or the transmission capacities which are to be reserved for the broadcasting of programme services. 3 In accordance with the requirements specified by the Federal Council, DETEC shall ensure that sufficient broadcasting of programme services can be assured to serve the population in extraordinary situations
Art. 54 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 2 — SR 784.10
Art. 55 Broadcasting obligation and broadcasting conditions
1 Any person acquiring a radiocommunication licence for the utilisation of a frequency which is intended for the broadcasting of an access-entitled programme service must broadcast the latter in adequate quality and respect the provisions of the licence with regard to programme services and of the radiocommunication licence with regard to telecommunications law. 2 Broadcasters pay the owner of a radiocommunication licence cost-based compensation for the broadcasting of access-entitled programme services. The Federal Council determines the chargeable costs. If the radiocommunication licence is awarded in a bidding procedure, the award price as mentioned in Article 39 paragraph 4 TCA is not included in the chargeable costs. 3 The Federal Council may extend the transmission obligation to services which are coupled with access-entitled programme services.
Para. 2 — SR 784.10
Art. 56 Procedures for agreement and decision making
1 If the parties cannot agree on the broadcasting obligation and broadcasting conditions within three months, OFCOM adjudicates. 2 For the decision, it refers to comparable domestic or foreign reference values in so far as the parties do not produce evidence which justifies deviation therefrom. 3 For the period from the submission of the application to the legally-enforceable decision, it may order transmission on an interim basis and fix the financial conditions. 4 The procedure and the obligation to provide information are based, mutatis mutandis, on the provisions of the TCA on the granting of access by dominant providers (Art. 11, 11a and 11b TCA).
Para. 4 — SR 784.10 Para. 4 — See also Art. 106 No 1 below.
Art. 57 Support for the broadcasting of radio programme services
1 In accordance with Article 38 paragraph 1 letter a, OFCOM provides a contribution to a broadcaster with a fee-sharing licence which incurs additional expense for the wireless terrestrial broadcasting of its radio programme service in a mountain region. 2 The Federal Council shall regulate the conditions and calculation criteria by which OFCOM pays the contributions.
Art. 58 Promoting new broadcasting technologies
1 OFCOM may for a limited period subsidise the introduction of new technologies for broadcasting programme services by contributing to the cost of constructing and operating transmitter networks, provided that insufficient funding options are available in the corresponding coverage area. 2 It may provide the public with information on new technologies, in particular the technical requirements and possible applications, and work with third parties to do so. 3 The subsidies in terms of paragraphs 1 and 2 shall be paid for from the revenue from the licence fee (Art. 22) and, if this is not sufficient, from the revenue from the radio and television fee. 4 When determining the amount of the radio and television fee (Art. 70), the Federal Council shall determine the proportion which is available for subsidies. This is shall amount to no more than one per cent of the total revenue from the radio and television fee. 5 The Federal Council determines who is entitled to support and the requiremen
Art. 58 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Chapter 3 Broadcasting by Wire
Art. 59 Access-entitled and foreign programme services
1 In their coverage area, the following must be broadcast by wire: a. programme services of the SRG SSR within the framework of the licence; b. programme services based on a licence with a performance mandate. 2 The Federal Council may also specify programme services of foreign broadcasters which are to be transmitted by wire because of their special contribution to education, cultural development or free opinion-forming. 3 The Federal Council determines the maximum number of access-entitled programme services in accordance with paragraphs 1 and 2 within the framework of the technical capabilities of telecommunications service providers. The programme services are to be transmitted free of charge and in adequate quality. 4 The telecommunications service provider which already broadcasts programme services in the coverage area and reaches the most households is primarily subject to the broadcasting obligation. Within the same coverage area, OFCOM may require more than one telecommunicat
Art. 60 Other broadcasting obligations
1 On application by a broadcaster, OFCOM shall require a telecommunications service provider for a specific period to provide broadcasting by wire of a programme service within a specific area, if: a. the programme service contributes to a significant extent to the fulfilment of the mandate under the Constitution; and b. broadcasting can reasonably be expected from the telecommunications service provider taking account of the available transmission capacities and its economic capacity. 2 The Federal Council determines the maximum number of programme services. 3 OFCOM may withdraw the right prior to expiry of the decreed term if the broadcaster no longer provides the services stated in the decision. 4 The Federal Council may extend the transmission obligation to services which are coupled with access-entitled programme services.
Art. 61 Transmission by wire of other programme services
In the case of the broadcasting of programme services not regulated by Articles 59 and 60, the telecommunications service provider decides on the basis of its capacities for transmitting programme services. In particular, the economic benefit of the broadcasting service to the broadcaster may be taken into account in the payment of the broadcasting costs.
Art. 61a Time-delayed television viewing
1 Time-delayed television viewing is defined as the television programme service of a broadcaster that is transmitted and recorded by a telecommunications service provider and which the telecommunications service provider makes available to its end customers for viewing in its entirety for a limited period of time in compliance with the provisions on copyright. 2 Telecommunications service providers that offer time-delayed television viewing may not make any modifications to the linear television programme services that they transmit and record without the consent of the broadcaster. The rules on advertising and sponsorship apply by analogy to time-delayed television viewing. 3 In order to guarantee the protection of young people, the Federal Council may issue provisions on the accessibility of television programme services by means of time-delayed television viewing. In doing so, it shall take account of the age rating systems recognised in Switzerland.
Art. 61a — Inserted by Annex No 6 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 62 Channel occupancy
The Federal Council may decree that telecommunications service providers broadcast the programme to be transmitted in accordance with Article 59 paragraphs 1 and 2 on preferred channels.
Chapter 4 Technical Processing of Programme Servic
Art. 63 Principles
1 Access to technical processing must be guaranteed to broadcasters on fair, reasonable and non-discriminatory terms. If processing using the telecommunications service provider’s equipment essentially corresponds to the state of the art, the broadcaster is not entitled to use its own equipment for processing. 2 Any person providing services as a higher-level user interface which control programme service selection must use the state of the art to ensure that reference is clearly made in the first stage of use to access-entitled programme services. 3 Operators and providers of processing services or equipment must: a. provide third parties with a justified interest with all information and disclose all documentation, the knowledge of which is necessary to enforce the rights in paragraph 1; b. provide OFCOM on its request with all information and submit all documentation which is necessary to verify whether the obligations in the provisions on technical processing are being complied wit
Art. 64 Open interfaces and technical configuration
In so far as is necessary to safeguard diversity of opinion, the Federal Council may, after consultation with the parties concerned, stipulate open interfaces or decree other provisions concerning their technical configuration for equipment or services which are used for processing of programme services. In so doing, it takes account of the equipment or services already on the market and allows appropriate transitional periods.
Art. 65 Unbundling
1 Any person offering programme services as bundled packages or providing services which are used for the processing of programme services must fulfil the technical requirements that enable third parties to broadcast these programme services individually under cost-effective conditions and use the equipment or services individually. 2 The Federal Council may decree regulations relating to unbundling in so far as this is necessary to safeguard diversity of opinion.