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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 1991116 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 be provided for in the extended licences. 5 If the licences of SRG SSR or of swissinfo/SRI continue to apply or if they are extended, Articles 22 and 25 paragraphs 5 and 6 apply, mutatis mutandis. 6 The provisions of Article 22 and Articles 44-50 regarding other licences with a performance mandate which continue to be valid or which have been extended apply mutatis mutandis.
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Art. 108 Transmitter network plan
The Federal Council may extend the directives for transmitter network planning in terms of Article 8 paragraph 1 RTVA 1991117 by a maximum of five years from the commencement of this Act or amend them after consultation with the Communications Commission.
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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 1991118 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 1997119 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 with Articles 38–42 are awarded, but at the latest five years after the commencement of this Act.
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Art. 109a Surpluses from the share of fees 120
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 contributions.
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Art. 109b Introduction of the radio and television fee 121
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 2006122 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.
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Art. 109c Private households with no means of reception 123
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 accordance with paragraph 4 shall be liable to a fine not exceeding 5000 francs. 6 The collection agency shall provide OFCOM with online access to the personal data required for prosecuting persons in accordance with paragraph 5. The Federal Council may issue provisions on the extent of this data, access to the data, authorisation for processing, retention and data security. 7 Exemptions from the fee expire five years from the date from which the fee is charged in accordance Article 109bparagraph 1.
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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 1991124 (wire licences) retain their validity until their owner obtains a telecommunications services licence in accordance with Articles 4 ff. TCA125, 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.
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Art. 111 Relay licences
Existing licences for the wireless retransmission of radio and television programme services in accordance with Article 43 RTVA 1991126 (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. TCA127 respectively, but at the latest two years after the commencement of the act.
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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.
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Art. 113 Pending supervisory procedures
1 Procedures in accordance with Articles 56 ff. and 70 ff. of the RTVA 1991128 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. 2If 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 Code129 is reserved.
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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 2007130
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