Dismissal of the complaint against the shutdown of medium wave transmitters

Facts

The complainant [X.] filed a complaint against the planned shutdown of the Beromünster medium wave transmitter and the discontinuation of the Monte Ceneri transmitter, as well as against the possible future discontinuation of the Sottens transmitter. The Federal Office of Communications (BAKOM) and the Federal Administrative Court dismissed the complaint, as the Federal Council decision of June 18, 2008, regarding the concession of SRG was final and BAKOM was not responsible for changes or renewals of the concession.

The complainant requested the Federal Court to put the Beromünster medium wave transmitter and the Monte Ceneri transmitter back into operation and to broadcast SRG programs. The Federal Court dismissed the complaint, as the complainant was not particularly affected and had no legitimate interest in the repeal or modification of the contested ruling.

Considerations

The Federal Court examined the question of whether the Federal Office of Communications (BAKOM) was correct in not considering the complainant's submission. It came to the conclusion that the Federal Council decision of June 18, 2008, was final and BAKOM was not responsible for changes or renewals of the concession.

The Federal Court found that the complainant was not particularly affected and had no legitimate interest in the repeal or modification of the contested ruling. The requirement of a legitimate interest would also apply if the complainant's submission to BAKOM were not considered a complaint, but a request for a ruling or for a real act.

The Federal Court also rejected…