Audiotainment Südwest sues over vacant FM frequencies in Germany

Audiotainment Südwest, the media company behind stations such as bigFM, RPR1, Radio Regenbogen, and Rock FM, has filed a lawsuit against the Media Authority of Hamburg/Schleswig-Holstein (MA HSH). The legal dispute centers on the refusal of the authority to re-allocate FM (UKW) frequencies that became available following the cessation of delta radio broadcasts.

The company argues that the decision to withhold these frequencies constitutes a barrier to market entry and restricts media diversity and competition. Audiotainment Südwest maintains that free broadcasting capacities should remain available for new and existing programs to ensure equal access to transmission infrastructure.

In contrast, the MA HSH cites the Media State Treaty, which stipulates that vacant FM capacities in Schleswig-Holstein should generally not be re-assigned. The authority's policy aims to accelerate the transition from FM to digital radio (DAB+). While the authority can make exceptions to improve existing coverage, it is currently prioritizing digital expansion. The legal outcome may have implications beyond Schleswig-Holstein, as the decision impacts the broader debate over the future of FM broadcasting in Germany.