Ordinance on Radio and Television (RTVO) (RTVO)
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 Provisions
Art. 45 Adequate broadcast quality
(Art. 55 para. 1 and 59 para. 3 RTVA) 1 Access-entitled programme services and coupled services which are subject to a broadcasting obligation in accordance with Article 46 of this Ordinance must be broadcast without delay, unchanged and in full. 2 DETEC regulates the technical requirements for the adequate broadcast quality of access-entitled programme services and coupled services subject to a broadcasting obligation via wireless terrestrial networks (Art. 55 para. 1 RTVA) and by wire (Art. 59 para. 3 RTVA). In doing so, it shall take account of international standards and recommendations. Depending on the type of programme service and technical means of broadcasting, it may provide for different quality levels.
Art. 46 Obligation to broadcast coupled services
(Art. 55 para. 3, 59 para. 6 and 60 para. 4 RTVA) 1 If a telecommunications service provider broadcasts an access-entitled programme service, the following coupled services provided by the broadcaster must also be broadcast: a. narrowband data transmission in text and image; b. multiple sound channels; c. control signal for the analogue or digital recording option; d. services for people with sensory disabilities as defined in Article 7 paragraphs 3 and 4 and 24 paragraph 3 RTVA; e. additional information for radio accompanying the programme service; f. Dolby Digital; g. information for the electronic programme guide. 2 If a telecommunications service provider broadcasts a non-access-entitled programme service, the coupled services for the people with sensory disabilities as defined in Article 7 paragraph 3 and 24 paragraph 3 RTVA must also be broadcast. 3 DETEC may issue technical regulations and exempt certain technologies from the broadcasting obligation for coupled services.
Para. 1 let. d — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Chapter 2 Wireless Terrestrial Broadcasting of Pro
Section 1 Use of Radio Frequencies
Art. 47 Use of radio frequencies for the broadcasting of radio and television programme services
(Art. 54 para. 1 RTVA and Art. 22a para. 4 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. 1997; 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. 47 — The references have been adjusted in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Para. 1 — SR 784.10
Art. 48 Cost-based compensation for broadcasting
(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 telec
Section 2 Support for the Broadcasting of Radio Pr
(Art. 57 RTVA)
Art. 49
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. 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 l
Para. 3 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965). Para. 3bis — Inserted by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Section 3 Investment Contributions for New Technol
Art. 50 Eligible broadcasting technologies
(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. 50 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 51 Nature and measurement of the subsidies
(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 1990 applies.
Art. 51 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 5 — SR 616.1
Chapter 3 Broadcasting by Wire
Art. 52 Programme services of foreign broadcasters
(Art. 59 para. 2 RTVA) 1 Foreign programme services that are to be broadcast by wire in accordance with Article 59 paragraph 2 RTVA may be such programme services that are transmitted in a Swiss national language and which make a special contribution to fulfilling the performance mandate provided for by the Federal Constitution, in particular in that they: a. report in depth on social, political, economic or cultural phenomena within the framework of extensive editorial formats; b. give considerable space to artistic film productions; c. make special editorial contributions to the education of the public; d. broadcast special editorial productions for young people, old people or people with sensory disabilities; or e. regularly broadcast Swiss productions or regularly deal with Swiss topics. 2 The foreign programme services in accordance with paragraph 1 as well as the area in which they must be broadcast by wire are listed in the Annex of this Ordinance.
Art. 53 Maximum number of access-entitled programme services
(Art. 59 para. 3 and 60 para. 2 RTVA) The maximum number of programme services to be broadcast by wire free of charge within a specific area in accordance with Articles 59 and 60 RTVA is: a. for the analogue broadcasting of radio programme services: 25; b. for the digital broadcasting of radio programme services: 50; c. … d. for the digital broadcasting of television programme services: 30.
let. c — Repealed by No I of the O of 5 Nov. 2014, with effect from 1 Jan. 2015 (AS 2014 3849).
Art. 54 Telecommunications service providers obliged to broadcast
(Art. 59 para. 4 RTVA) 1 Telecommunications service providers that broadcast programme services and which reach at least 100 households are subject to the broadcasting obligation. 1bis DETEC may revoke the obligation relating to the analogue broadcasting of television programme services under Articles 59 and 60 RTVA provided such services are broadcast digitally and are received digitally by an overwhelming majority of the public. It may do so for all programme services or for specific services and for the entire country or for specific regions. 2 … 3 …
Para. 1bis — Inserted by No I of the O of 15 June 2012, in force since 1 Aug. 2012 (AS 2012 3667). Para. 2 — Repealed by No I of the O of 5 Nov. 2014, with effect from 1 Jan. 2015 (AS 2014 3849). Para. 3 — Inserted by No I of the O of 12 March 2010 (AS 2010 965). Repealed by No I of the O of 5 Nov. 2014, with effect from 1 Jan. 2015 (AS 2014 3849).
Art. 55
Repealed by No I of the O of 5 Nov. 2014, with effect from 1 Jan. 2015 (AS 2014 3849).
Chapter 4 Technical Processing
Art. 56 Open interfaces and technical configuration
(Art. 64 RTVA) 1 If the telecommunications service provider uses a different technical processing procedure from the broadcaster, the programme services and the coupled services must be transmitted in such a way that the audience is able to use them in a quality corresponding to the requirements of Article 45. 2 If international standards exist for equipment or services that are used to process programme services or with regard to open interfaces, DETEC may declare these standards binding if this is necessary to safeguard diversity of opinion. 3 The telecommunications service provider must allow the broadcaster to manage its customer relations. Telecommunications service providers and broadcasters shall set down the technical and commercial implementation of customer relations management in an agreement. DETEC may issue technical and administrative requirements. 4 The telecommunications service provider may not use data that it has acquired in connection with the implementation of para