Rejection of the broadcasting of a private television program without a service mandate

Facts

The U1 TV Station AG operates a private television station. It applied to the Federal Office of Communications (OFCOM) to compel Cablecom GmbH to keep its program in the analog offering. OFCOM and the Federal Administrative Court rejected this, as the program of U1 TV did not contribute to the fulfillment of the constitutional mandate of radio and television to a special degree.

Considerations

The Federal Supreme Court confirmed the decision of the lower instances. Under the new Radio and Television Act, only broadcasters with a service mandate have a right of access to cable networks (Art. 59 RTVA). Other private providers like U1 TV, which are merely subject to notification requirements, cannot invoke this. Furthermore, OFCOM can only oblige a telecommunications service provider to broadcast a program if it "contributes to the fulfillment of the constitutional mandate to a special degree" (Art. 60 para. 1 lit. a RTVA).

The Federal Supreme Court shared the assessment of the lower instances that the planned overall program of U1 TV did not meet these requirements. Although it contained some elements that could contribute to the fulfillment of the…