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Art. 45 Licensing procedure
1 Licences are awarded by DETEC. As a rule, OFCOM puts the licences out to tender; it may consult interested parties. 1bisLicences may be extended with a public tendering process, in particular where the situation in the coverage areas or technological changes pose significant challenges to broadcasters. In reaching a decision, account is taken of previous fulfilment of the performance mandate.49 2 The Federal Council may provide for a special procedure for the award of short-term licences. 3 If there are several candidates for one licence, preference is given to the candidate that is best able to fulfil the performance mandate. If several candidates are essentially equivalent from this viewpoint, preference is given to the candidate which best enhances to the diversity of opinion and the diversity of programming. 4 Licences for wireless terrestrial transmission of programme services are as a rule awarded before the invitation to tender for the corresponding radiocommunication licences in accordance with Article 22a TCA50.51 49 Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). 51 Amended by Annex No 6 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). |