Private Radio Act (Austria)

Basic data
Title:	Private Radio Act
Long title:	Federal law that enacts provisions for private radio
Abbreviation:	PrR-G
Type:	Federal law
Scope:	Republic of Austria
Legal matter:	Public law
Reference:	BGBl. I No. 20/2001
Date of law:	March 6, 2001
Effective date:	April 1, 2001
Last change:	BGBl. I No. 50/2010
Legal text:	Private Radio Act as amended in the RIS
	Please note the note on the applicable legal version !

The federal law applicable in Austria that enacts provisions for private radio ( Private Radio Act ; PrP-G ) has been in force since April 1, 2001 and regulates the law for the operation of private radio stations.

Origins of the law

The history of radio in Austria goes back to 1924. However, this only applies to public radio stations. Private radio stations did not originate until the Regional Radio Act 1994 came into force. Before that, private radio stations broadcast from abroad to Austria. The law was passed on the basis of a ruling by the European Court of Human Rights in Strasbourg, as Austria had violated Article 10 of the European Convention on Human Rights (right to freedom of expression). The first private radio station, Antenne Steiermark, goes on air on September 22, 1995. After further repeal of the law by the Constitutional Court and the concern that the regulatory authority should be reorganized and reorganized, the new private radio law was passed in the National Council on January 31, 2001. The first amendment comes into force on August 1st, 2004. The actual basis for nationwide private radio stations is laid by changing the participation restrictions for media owners.

structure

It is structured as follows:

1st section: (§§ 1–2)

General: This federal law regulates the broadcasting of radio programs on wireless terrestrial channels (terrestrial radio), in cable networks (cable radio) and via satellite (satellite radio). The purpose of this federal law is the further development of the dual broadcasting system by promoting private commercial and non-commercial radio. The ORF law, Federal Law Gazette No. 379/1984, remains unaffected. § 1

Definitions according to § 2 : Radio broadcaster is the one who creates radio programs and distributes them to third parties.
Transmission capacity are the technical parameters that are necessary for broadcasting.

2nd section: (§§ 3–6)

Approval: Approval for the transmission of analogue and digital terrestrial radio broadcasting is obtained from the regulatory authority for 10 years if you are based in Austria. There are also several reasons why a license can expire, including if there has been no regular broadcasting for a year. § 3

Trial use of digital transmission capacities § 4

Application for approval: An application for approval can be submitted to the regulatory authority at any time. Among other things, the articles of association or the articles of association must be available for legal persons, proof of the fulfillment of the criteria for radio broadcasters and a plan for the type of distribution. § 5

Selection principles for analog terrestrial radio § 6

Notification of cable radio events § 6a

Changes to satellite programs and digital terrestrial programs § 6b

3rd section: (§§ 7-9)

Radio broadcasters: Radio broadcasters or their members must be Austrian citizens or legal entities or partnerships under commercial law with their registered office in Germany. ( § 7 no.1 )

Reasons for exclusion: Reasons for exclusion from radio events are legal entities under public law, Austrian broadcasting , foreign legal entities and legal entities that are involved in the aforementioned legal entities. ( § 8 )

Participation by media owners: If there are several admissions per person or partnership, the coverage area must not overlap. Within a media network, the coverage area must not exceed 12 million inhabitants, and a person in this media network may not exceed 8 million. Furthermore, only max. 2 analog terrestrial, 2 digital terrestrial and 1 terrestrial radio programs as well as 2 terrestrial television programs are supplied by a person or a partnership in a media network. ( § 9 )

4th section: (§§ 10-15)

Frequency allocation for analog terrestrial radio broadcasting: The frequency allocation is assigned by the regulatory authority under certain criteria. ( § 10 )

Review of the allocation of analogue transmission capacities: The allocation of the analogue transmission capacities is continuously checked by the regulatory authority and if a transmission capacity is not used regularly for program distribution for more than 2 years, it is withdrawn. ( § 11 )

Allocation of new analog transmission capacities: New transmission capacities that have not yet been allocated will be allocated by the regulatory authority on request under the criteria in Section 10. The application must include the planned transmission location, the planned frequency, the transmission strength and the antenna characteristics. In addition, the expected technical reach (resident population) must be indicated. ( § 12 )

Tendering for analog transmission capacities § 13

Frequency book: The regulatory authority keeps a frequency book on an ongoing basis. ( § 14 )

Tender for a multiplex platform for digital terrestrial radio § 15

Selection principles § 15a

Granting of approval and conditions for the multiplex operator § 15b

5th section: (§§ 16-22)

Program principles: On the basis of the defined program principles, the program must be objective and correspond to the diversity of opinion and must not have any pornographic or violence-glorifying content. Life in the coverage area must be properly presented and the programs must respect human dignity and the fundamental rights of others. News must be properly scrutinized and journalistic. ( § 16 )

Takeover of programs from other radio broadcasters: Programs from other radio broadcasters (both ORF and private radio stations) may not be taken over more than 80% of the daily broadcast time. The simultaneous takeover of programs, series of programs and parts of programs from the program of a nationwide license is not permitted. Ad-free, unmoderated music broadcasts may be accepted without these restrictions. ( § 17 )

Calls in the event of a crisis or disaster: In the event of a crisis or catastrophe, the person concerned or the authorities must provide the necessary airtime for calls free of charge. § 18

Advertising: Advertising broadcasts [...] may not exceed a total of 172 minutes a day on an annual average, with deviations of a maximum of 20% per day being permitted. This does not affect advertisements for own programs, programs for the public or free calls for donations. Tobacco and spirits advertisements are prohibited. Advertising must be easily recognizable from other parts of the program and must not be misleading. Nor may it be presented by people who normally report news. § 19

Advertising for drugs: Advertising for drugs and therapeutic treatments that are only available on medical prescription is prohibited. § 20

Independence of the editorial staff § 21

Other obligations of the radio broadcaster § 22

Section 6: (§ 23)

Right to comment: After an application for approval has been made, the respective state government of the supply area must be informed about it and it can issue a statement within 4 weeks. § 23

7th section: (§§ 24–28a)

Legal supervision: The regulatory authority is responsible for the legal supervision of radio broadcasters within the meaning of this federal law. § 24

Complaints § 25

Decision § 26

Administrative penal provisions Section 27

Procedure for withdrawal and prohibition Section 28

Change of program character § 28a

8th section: (§§ 28b-28d)

Nationwide approval for analogue terrestrial radio: In order to obtain nationwide (at least 60% of the Austrian population) approval for private radio events, you had the option of filing an application with the regulatory authority up to April 30, 2005 and then at two-year intervals. § 28b

Requirements for the granting of a nationwide license: Proof of the entry of a corporation in the commercial register for broadcasting nationwide terrestrial radio [...] as well as the necessary documents must be handed over to the regulatory authority. Furthermore, requirements for chapter procurement and availability must be met. § 28c

Special regulations for nationwide approvals § 28d