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 Implementation, Repeal and Amendment of
Art. 103 Implementation
The Federal Council shall implement this Act unless the duties hereunder are assigned to another authority. It shall enact the implementing provisions. It may delegate the task of issuing administrative and technical regulations to DETEC.
Art. 104 International agreements
1 The Federal Council may conclude agreements of restricted scope under international law which fall within the scope of this Act. 2 In the case of international agreements with technical or administrative content, it may delegate this power to DETEC or OFCOM.
Art. 104 — 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 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 105 Repeal and amendment of existing legislation
The repeal and amendment of existing legislation is regulated in the Annex.
Art. 106 Coordination with the Amendment of 24 March 2006 of the Telecommunications Act of 30 April 1997 and with the Amendment of 24 March 2006 of the Federal Supreme Court Act of 17 June 2005
1. Irrespective of whether this Act (RTVA) or the amendment of 24 March 2006 to the Telecommunications Act of 30 April 1997 comes into force first, Article 56 paragraph 4 RTVA reads on the entry into force of the act which comes into force later or on simultaneous entry into force of both acts as follows: ... 2. and 3. ...
Art. 106 — AS 2007 921 Para. 1 — SR 784.10 Para. 1 — Text entered above. Para. 2 — The amendments may be consulted under AS 2007 737.
Chapter 2 Transitional Provisions
Art. 107 Radio and television licences
1 Licences for radio and television programme services which have been awarded on the basis of the Federal Act of 21 June 1991 on Radio and Television (RTVA 1991) continue to be valid subject to paragraph 2 until their expiry unless broadcasters expressly declare that they do not wish to make use of them. 2 Following the commencement this Act, the Federal Council may cancel the licences of SRG SSR, swissinfo/SRI, Teletext AG and of those broadcasters which broadcast their programme services in cooperation with the SRG SSR in accordance with Article 31 paragraph 3 RTVA 1991 at the end of any calendar year, subject to nine months’ notice. 3 The Federal Council may extend the licences of SRG SSR and of swissinfo/SRI which have been granted on the basis of the RTVA 1991 by a maximum of five years from the commencement of this Act. 4 DETEC may extend other licences awarded on the basis of the RTVA 1991 by a maximum of five years from the commencement of this Act. A right of cancellation may
Para. 1 — [AS 1992 601; 1993 3354; 1997 2187 Annex No 4; 2000 1891 No VIII 2; 2001 2790 Annex No 2;2002 1904 Art. 36 No 2; 2004 297 No I 3, 1633 No I 9, 4929 Art. 21 No 3; 2006 1039 Art. 2]
Art. 108 Transmitter network plan
The Federal Council may extend the directives for transmitter network planning in terms of Article 8 paragraph 1 RTVA 1991 by a maximum of five years from the commencement of this Act or amend them after consultation with the Communications Commission.
[AS 1992 601; 1993 3354; 1997 2187 Annex No 4; 2000 1891 No VIII 2; 2001 2790 Annex No 2;2002 1904 Art. 36 No 2; 2004 297 No I 3, 1633 No I 9, 4929 Art. 21 No 3; 2006 1039 Art. 2]
Art. 109 Contributions from radio and television fees
1 Broadcasters of radio and television programme services which at the time of the commencement of this Act receive a proportion of radio and television fees in accordance with Article 17 paragraph 2 RTVA 1991 may continue to claim a share of the fees until the expiry of their licence in accordance with Article 107. The entitlement to a proportion of the fees and the calculation of the proportion are based on Article 17 paragraph 2 of the RTVA 1991 and on Article 10 of the Ordinance of 6 October 1997 on Radio and Television. 2 Within the framework of the conditions in paragraph 1, OFCOM may arrange a share of fees for broadcasters which have a licence in accordance with RTVA 1991 and which have commenced transmission operations after the commencement of this Act. 3 The Federal Council takes the financial requirement into account when setting the radio and television fee (Art. 70). 4 The transitional arrangements in paragraph 1 end at the time when the fee-sharing licences in accordance
Para. 1 — [AS 1992 601; 1993 3354; 1997 2187 Annex No 4; 2000 1891 No VIII 2; 2001 2790 Annex No 2;2002 1904 Art. 36 No 2; 2004 297 No I 3, 1633 No I 9, 4929 Art. 21 No 3; 2006 1039 Art. 2] Para. 1 — [AS 1997 2903; 2004 4531; 2006 4395]
Art. 109a Surpluses from the share of fees
1 Surpluses from the share of fees for broadcasters of local or regional programme services (Art. 38) that exist when this provision comes into force shall be used for the benefit of fee-sharing broadcasters as follows: a. one quarter for the basic and continuing education and training of their employees; b. three quarters for promoting new broadcasting technologies in terms of Article 58 and digital television production techniques. 2 Up to 10 per cent of the surpluses may be used to provide general information to the public in accordance with Article 58 paragraph 2. 3 The Federal Council shall determine the extent of the amount to be used to fund the tasks in accordance with paragraphs 1 and 2. In doing so, it shall take account of the portion to be retained as the liquidity reserve. 4 OFCOM shall grant individual contributions in accordance with paragraph 1 on application. The Federal Council shall regulate the conditions and calculation criteria by which OFCOM pays the contribution
Art. 109a — Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 109b Introduction of the radio and television fee
1 The Federal Council shall determine the date from which the new radio and television fee will be charged. 2 Until that date, the reception fee for private and commercial reception will be charged in accordance with the previous law (Art. 68–70 and Art. 101 para. 1 of the Federal Act of 24 March 2006 on Radio and Television). 3 The use of the revenue from the reception fee is governed by the provisions of the new law on the radio and television fee. 4 The Federal Council shall regulate the transition to the new fee system. It may in particular provide that funds available from the reception fee are transferred to the new system, and decide which authorities continue ongoing first instance proceedings. 5 It may decide on an assessment period for the first period of the corporate fee that differs from that in Article 70 paragraph 1.
Art. 109b — Inserted 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 — AS 2007 737
Art. 109c Private households with no means of reception
1 Members of a private household in which no device suitable for receiving radio or television programme services is available or in operation shall be exempted from the paying the free for one fee period. 2 The Federal Council shall regulate which categories of device are deemed suitable for receiving programme services. 3 OFCOM may enter the rooms or premises of a household exempted under paragraph 1 in order to verify whether the requirements for the exemption are being met. 4 Any person exempted from the fee in terms of paragraph 1 who obtains or begins to operate a device suitable for receiving programme services in the household before expiry of the fee period must notify the collection agency of this in advance. 5 Any person who belongs to a household exempted from the fee in terms of paragraph 1 in which a device suitable for receiving programme services in the household is available or in operation without notice thereof being given to the collection agency in advance in accor
Art. 109c — Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 110 Licences for retransmission by wire
1 Existing licences for the retransmission by wire of radio and television programme services in accordance with Article 39 RTVA 1991 (wire licences) retain their validity until their owner obtains a telecommunications services licence in accordance with Articles 4 ff. TCA, but at the latest up to two years after the commencement of this Act. 2 Wire licences continue to be subject to: a. Article 42 paragraphs 2–4 RTVA 1991; b. Article 47 paragraph 1 RTVA 1991 concerning the transmission of programme services of other broadcasters whose licence has been extended in accordance with Article 107 of this Act. 3 The obligations of a wire licensee in accordance with paragraph 2 end as soon as transmission by wire of the programme services covered therein (in accordance with Articles 59 and 60) in their area of operation is clarified with legal force, but at the latest after five years.
Para. 1 — [AS 1992 601; 1993 3354; 1997 2187 Annex No 4; 2000 1891 No VIII 2; 2001 2790 Annex No 2;2002 1904 Art. 36 No 2; 2004 297 No I 3, 1633 No I 9, 4929 Art. 21 No 3, 2006 1039 Art. 2] Para. 1 — SR 784.10
Art. 111 Relay licences
Existing licences for the wireless retransmission of radio and television programme services in accordance with Article 43 RTVA 1991 (relay licences) retain their validity until their owner obtains a radio and telecommunications services licence in accordance with Articles 4 ff. or Articles 22 ff. TCA respectively, but at the latest two years after the commencement of the act.
[AS 1992 601; 1993 3354; 1997 2187 Annex No 4; 2000 1891 No VIII 2; 2001 2790 Annex No 2;2002 1904 Art. 36 No 2; 2004 297 No I 3, 1633 No I 9, 4929 Art. 21 No 3; 2006 1039 Art. 2] SR 784.10
Art. 112 Organisational structure of the SRG SSR
The SRG SSR shall implement the organisational structure (Art. 31–33) at the time of renewal of its licence.
Art. 113 Pending supervisory procedures
1 Procedures in accordance with Articles 56 ff. and 70 ff. of the RTVA 1991 pending at the time of commencement of this Act shall be assessed by the competent authority in accordance with the new act. The new procedural law shall be applied. 2 If a case relating to supervisory law has arisen before the commencement of this Act and if a procedure is pending, RTVA 1991 is applicable. If a case continues after the commencement of this Act and if a procedure is pending, the violations which occurred before the commencement of this Act shall be assessed on the basis of RTVA 1991. Application of Article 2 paragraph 2 of the Criminal Code is reserved.
Para. 1 — [AS 1992 601; 1993 3354; 1997 2187 Annex No 4; 2000 1891 No VIII 2; 2001 2790 Annex No 2;2002 1904 Art. 36 No 2; 2004 297 No I 3, 1633 No I 9, 4929 Art. 21 No 3; 2006 1039 Art. 2] Para. 2 — SR 311.0
Art. 114 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 April 2007
Para. 2 — BRB of 9 March 2007.