3.1 Radio broadcasting

3.1.1 The development of radio broadcasting until the PrR-G 2001

• the allocation of terrestrial frequencies (both for private radio broadcasters and the ORF),
• the licensing procedure including a number of provisions on the protection against media concentration,
• the licensing authority (regional radio and cable broadcasting authority),
• legal supervisory control.

The assignment of licences under the RRG was based on the principle of delimitation between regional and local radio broadcasting.

Early in 1995, the Regional Radio Authority¹, for the first time, issued licences to ten applicants for private radio broadcasting. However, only two of the ten licensees were able to start their radio operations, as licence opponents had filed complaints with the VfGH which granted suspensive effect to the complaints. In the later ruling of 27.09.1995, the VfGH considered also essential parts of the RRG as being too vague, mainly as far as they concerned frequency planning, and quashed them as unconstitutional. With this ruling, the VfGH deprived private radio broadcasting, and the issuing of additional licences, of its legal basis which had existed for barely two years.

In 1997, an amendment to the RRG² was adopted, according to which licences were issued again in December 1997 and the other private radio stations could take up operations in spring 1998.

Now the Private Broadcasting Authority was responsible for issuing licences. § 13 RRG provided for the establishment of the Private Broadcasting Authority as collegial body with quasi-judicial functions, not bound by any instructions. In its ruling of 29.09.2000, VfSlg 15886/2000, the VfGH found this provision unconstitutional. Thus, the licence notices issued by the Private Broadcasting Authority were at risk of being revoked; in total, 23 licence holders were affected. To prevent this, the legislator added the provision of § 17 RRG, which governs licensing insofar as licensees were able to apply for temporary licences. These, however, were limited to a period of six months, so that a new legal foundation for issuing private radio licences had to be created until the end of this period (19.06.2001).

On 31.01.2001, therefore, the National Council adopted the new PrR-G, BGBl. I No. 20/2001, issued on 06.03.2001, which took effect on 01.04.2001. At the same time as the PrR-G, the KommAustria Act (KOG), BGBl. I No. 32/2001, took effect, which created a uniform regulatory authority (KommAustria). This authority assumed the following functions:

• the functions of the former Private Broadcasting Authority (originally Regional Radio Authority),
• the functions of the commission appointed to exercise legal supervisory control for compliance with the RRG,
• frequency administration which had been previously performed by the telecommunications authorities,
• review of frequency allocation for terrestrial radio broadcasting.