13
GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
2. The approaches to the International Telecommunication Union
(a) The request for assistance from the Head Office of the PTT
41. In a letter of 20 January 1987 the Radio Rights Division (Head
Office of the PTT) submitted a request for assistance to the chairman of the
International
Frequency
Registration
Board
(International
Telecommunication Union).
It indicated inter alia:
"In Italy, especially in the Po valley, there are a large number of private radio and
television broadcasting stations transmitting on frequencies which have not been coordinated with the Swiss Post and Telecommunications Authority. This state of affairs
contravenes Articles 2 and 4 of the regional broadcasting agreements (Stockholm
1961, Geneva 1984) and numbers 1214 and 1215 of the Radio Regulations,
international agreements to which the Swiss and Italian authorities are parties.
Some of these stations broadcast programmes and advertising designed for listeners
in neighbouring Swiss towns and employ power exceeding that necessary to maintain
economically an effective national service of good quality within the frontiers of the
country concerned, contrary to number 2666 of the Radio Regulations. Furthermore,
these private stations interfere with the proper functioning of Swiss radio services. To
give a better picture of the situation, we are enclosing copies of the reports of harmful
interference that we have sent to the Italian authorities (since 1984), pursuant to
Article 22, Appendix 23 of the Radio Regulations. You will also find a summary table
of Italian private radio stations which, through their presence on the airwaves, are
preventing the implementation of our frequency allocations.
For more than six years now, the various representations made by the Swiss PTT to
the Italian authorities with a view to a co-ordination of effort have unfortunately
produced no significant result. It is for this reason that before, if need be, taking the
steps provided for in Article 50, number 189, of the International Telecommunication
Convention (Nairobi, 1982), the Swiss authorities request the Board to take, as soon as
possible, all necessary measures to remedy this situation."
(b) The International Telecommunication Union’s reply
42.
On 8 July 1988 the chairman of the International Frequency
Registration Board sent the Head Office of the Swiss PTT a copy of a letter
sent the same day to the Italian Ministry of Post and Telecommunications
informing it that frequency allocations were being used in breach of the
Radio Regulations and regional agreements.
The most recent of the Board’s representations to the Italian authorities
was made in a telefaxed message on 29 November 1988, which read:
"1. The Board has yet to receive any information about the solution of the cases of
harmful interference reported by the Swiss authorities. Similar cases of harmful
interference have recently been reported by the authorities of two other States.
2. On behalf of the International Frequency Registration Board I wish to express
serious concern at the apparent lack of progress in eliminating the harmful interference