Commentaries: Art. 39

The licensing authority shall charge a fee for radiocommunications licences. No fee shall be charged for radiocommunications licences intended for broadcasting licensed radio or television programme services in accordance with the RTVA¹.²
The amount of the fees shall be calculated on the basis of:
1. the frequency range allocated, the class of frequency and the value of the frequencies;
2. the bandwidth allocated;
3. the territorial scope; and
4. the temporal scope.
If a frequency may also be used to broadcast both licensed radio or television programme services and to transmit other radio and television programme services and information, the latter is subject to a licence fee proportional to usage.³ 3bis. In order to facilitate the introduction of new broadcasting technologies in terms of Article 58 RTVA, or to safeguard the diversity of programming in areas inadequately covered by wireless terrestrial services, the Federal Council may reduce the licence fee for broadcasting radio and television programme services.⁴
If the radiocommunications licence is granted by auction, the licence fee shall correspond to the amount of the bid, less administrative charges for the invitation to tender and the granting of the licence. The licensing authority may fix a minimum bid.
The Federal Council may waive payment of the radiocommunications licence fee in the case of the following bodies, provided that they do not supply telecommunications services and that they make rational use of frequencies:
1. authorities and public law bodies and establishments of the Confederation, cantons and communes, provided that they use the frequency spectrum exclusively for tasks for which they bear sole responsibility;
2. public transport undertakings;
3. ⁵ the institutional beneficiaries of preferential rights, immunities and facilities under Article 2 paragraph 1 letters a, b and d–l of the Host State Act of 22 June 2007⁶;
4. ⁷ legal entities under private law, provided they perform public tasks on behalf of the Confederation, cantons or communes.

SR 784.40 ↩
Amended by Annex No 4 of the FA of 26 Sept. 2014, in force since 1 Dec. 2017 (AS 2016 2131, 2017 5929;BBl 2013 4975). ↩
Amended by Annex No 4 of the FA of 26 Sept. 2014, in force since 1 Dec. 2017 (AS 2016 2131, 2017 5929;BBl 2013 4975). ↩
Inserted by Annex No 4 of the FA of 26 Sept. 2014, in force since 1 Dec. 2017 (AS 2016 2131, 2017 5929;BBl 2013 4975). ↩
Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159;BBl 2017 6559). ↩
SR 192.12 ↩
Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159;BBl 2017 6559). ↩

Art. 39

Footnotes