GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT DISSENTING OPINION OF JUDGE PETTITI 30 on the international rules and not on interference justified on grounds of morality or public interest. Groppera Radio AG's broadcasts, however, had not been held to be contrary to those rules. The Swiss Government never initiated proceedings with the International Union or lodged a complaint against the Italian Government. On the contrary, they awaited the decision of the Italian Constitutional Court and took no action in the wake of it. The Federal Court itself, in its decision of 14 June 1985, pointed to this failure: "hitherto none of the means of settling disputes provided for in Article 50 of the International Telecommunication Convention ... has been used." This was, moreover, consistent with the fact that the first notification to the Maur co-operative contained no reference to the international rules and that the second notification referred to irrelevant enactments and eventualities: jamming, piracy. No final decision had been taken against the Maur co-operative, since it had appealed, together with Groppera Radio AG, to the Federal Court and the latter had not considered the merits of the case, holding that, owing to the accident that had damaged the Pizzo Groppera transmitter, the broadcasts had then ceased. In Swiss law, therefore, there was no judgment on the merits against either the Maur co-operative or Groppera Radio AG. Under international telecommunications law and the International Telecommunication Convention the use of the frequency spectrum is laid down in Articles 33 and 35 of the International Telecommunication Convention. The Radio Regulations refer to this in numbers 584, 2020 and 2666. None of these provisions could be relied on, as the broadcasts came under Italian law and the Italian system and were a matter solely for the Belton company during its period of management; there was no effect which prevented the national service from being provided within Switzerland's frontiers. The lack of any special agreement between Switzerland and Italy did not alter the situation, as the approaches made by the Swiss authorities from 1979 onwards did not result in any joint findings that there had been any transfrontier or national infringements, pending the decision of the Constitutional Court. The International Frequency Registration Board referred to the case of Italian stations causing harmful and persistent interference, but in the instant case the Swiss Government did not complain of harmful interference by Groppera Radio AG on Radio 24's former frequency under the name of Sound Radio. The Maur co-operative had been awarded a cable-network licence without any difficulty, as there was no shortage of such networks. The applicants were therefore fully entitled to challenge before the Commission and the Court Switzerland's jurisdiction to control the cable