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 Implementation and Repeal of Previous La
Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 80a Implementation
(Art. 103 and 104 para. 2 RTVA) 1 DETEC shall issue the technical and administrative regulations. 2 OFCOM may enter into international agreements on technical or administrative content which fall within the scope of this Ordinance. 3 It may represent the Confederation in international bodies.
Art. 80a — Inserted by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965). Art. 80a — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 2 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 3 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 81 Repeal of existing legislation
The Ordinance of 6 October 1997 on Radio and Television is repealed.
[AS 1997 2903; 1999 1845; 2001 1680; 2002 1915 Art. 20 3482; 2003 4789; 2004 4531; 2006 959, 4395]
Chapter 2 Transitional Provisions to the Amendment
Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Section 1 Use of the Surplus from the Shares of Fe
Art. 82 Available amount
(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. 83 Use for training and continuing professional development
(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
Art. 84 Use to promote new broadcasting technologies
(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. 85 Use for digital television production techniques
(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.
Section 2 Replacement of the Reception Fee by the
Art. 86 Date of change in system
(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. 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] and the previous Articles 57–67). 3 The radio and television fee shall be collected following the change in system.
Para. 1 — Amended by No I of the O of 18 Oct. 2017, in force since 1 Nov. 2017 (AS 2017 5519). Para. 2 — AS 2007 737 Para. 2 — AS 2007 787 6657, 2010 5219, 2014 3849
Art. 87 Final invoicing of the reception fee in accordance with the previous 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 2). 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.
Para. 2 — AS 2010 5219
Art. 88 Initial invoicing of the household fee
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. 89 Data deliveries from communes and cantons
(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
Art. 90 Data delivery by the FDFA
(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. 91 Provision of data on the exemption from the obligation to pay
(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. 64), 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 3.
Para. 1 — AS 2007 787 6657 Para. 2 — AS 2007 787
Art. 92 Closing the reception fee system
(Art. 109b RTVA) 1 Following the change in system, Articles 68–70 and 101 paragraph 1 RTVA 2006 and the previous Articles 57–67 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
Para. 1 — AS 2007 737 Para. 1 — AS 2007 787 6657, 2010 5219, 2014 3849 Para. 6 — AS 2007 787
Art. 93 Introduction of the corporate fee
(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.
Section 3 Private Households with No Means of Rece
Art. 94 Application for an exemption from the obligation to pay
(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
Art. 95 Devices suitable for receiving programme services
(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. 96 Notification of means of reception
(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.
Chapter 2a Transitional Provision to the Amendment
(Art. 45 para. 1bis RTVA)
Inserted by No I of the O of 25 Oct. 2017, in force since 1 Dec. 2017 (AS 2017 5931).
Art. 96a
1 Provided the requirements of Article 44 RTVA are met, if requested by the broadcasters, existing licences with performance mandates (Art. 38 and 43 RTVA) shall be extended to 31 December 2024. 2 DETEC may amend an existing licence without compensation as per the date that the original licence would have expired or refuse to extend the licence if this is necessary due to a change in the factual or legal circumstances.
Chapter 2b Transitional Provision to the Amendment
Inserted by No I of the O of 16 Sept. 2022, in force since 1 Jan. 2023 (AS 2022 526).
Art. 96b
The previous versions of Annexes 1 and 2 apply until 31 December 2024 to licences in accordance with Articles 38 and 43 RTVA in existence at the time the Amendment comes into force.
AS 2007 3555; 2012 3667; 2014 3849; 2016 2151; 2017 5931
Chapter 3 Commencement
(Art. 114 para. 2 RTVA)
Art. 97
This Ordinance comes into force on 1 April 2007.
Art. 97 — Originally Art. 83.