11
GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
published in the Official Collection of Federal Statutes. The latter contains
the following reference to them:
"The administrative regulations relating to the International Telecommunication
Convention of 25 October 1973 are not being published in the Official Collection of
Federal Statutes. They may be consulted at the Head Office of the PTT, Library and
Documentation, Viktoriastrasse 21, 3030 Berne, or may be obtained from the ITU,
International Telecommunication Union, Place des Nations, 1202 Geneva."
Apart from number 584 (see paragraph 36 below), the provisions of the
Radio Regulations relevant to the present case are the following:
Number 2020
"No transmitting station may be established or operated by a private person or by
any enterprise without a licence issued in an appropriate form and in conformity with
the provisions of these Regulations by the Government of the country to which the
station in question is subject ..."
Number 2666
"In principle, except in the frequency band 3900-4000 kHz, broadcasting stations
using frequencies below 5060 kHz or above 41 MHz shall not employ power
exceeding that necessary to maintain economically an effective national service of
good quality within the frontiers of the country concerned."
C. The Darmstadt plan
36. By number 584 of the Radio Regulations,
"Broadcasting stations in the band 100-108 MHz in Region 1 shall be established
and operated in accordance with an agreement and associated plan for the band 87.5108 MHz to be drawn up by a regional broadcasting conference (see Resolution 510).
Prior to the date of entry into force of this agreement, broadcasting stations may be
introduced subject to agreement between administrations concerned, on the
understanding that such an operation shall in no case prejudice the establishment of
the plan."
37. The work of the conference contemplated in this provision resulted
in the adoption in 1971 of a regional convention better known under the
name of the Darmstadt plan. This instrument, which was superseded in 1984
by the "Geneva plan", governed the use of the 100-108 MHz frequency
band and laid down a procedure for considering new applications for
frequency allocations; it also indicated the position and characteristics of the
transmitters concerned.
38. Unlike Switzerland, Italy has not acceded to the plan. Nor have the
two countries concluded an individual agreement as required before a
transmitter can broadcast from one national territory to another.