Broadcast fee convention

the broadcast fee convention (RGebStV), a convention of all German Lands of the Federal Republic, is the legal basis for from the GEZ broadcast fees drawn in on behalf the national broadcasting corporations. It is to differentiate of him at the basis lying broadcast state contract (RStV) and the broadcast financing convention, in that among other things the height of the fees is specified. The broadcast fee convention is last by the respected convention of change of broadcast of 15. October 2004 changed. The change stepped at the 1. April 2005 into force.

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subject-matter of the contract

the convention defines broadcast recording devices as” technical mechanisms, for the wireless or wire-bound, deferred hearing or Sichtbarmachung or recording of broadcast presentations (sound broadcasting and television) are suitable “(§ 1 exp. 1) and it specifies that the owner of ready to receive devices fees must pay, for radio and television receipt in different height. The ready to receive shank is far laid out thereby; like that also attached, packed devices are not chargeable.


definitions of the contract terms

of broadcast recording devices

announce and chargeable broadcast recording devices in the sense of the RGebStV are all devices, with which broadcast programs can be represented and/or noted “non-deferred”. Among the announce-requiring receivers also devices present do not rank in enterprise - alone “for the receipt keep ready” appropriate equipment obligated thus to the registration and/or. Payment of the broadcast fees. Computers rank also among the receivers, if a TV or a radio map is inserted. Also devices, alone for demonstrating noted videos like e.g. Product or training videos to be used, counts chargeable receivers as announce and, if they have a receiving element (Tuner). As receivers are considered also such, which can be made ready to receive at small expenditure. As such small expenditure in court decisions among other things attaching to suitable antenna systems and also small repairs of defective devices were regarded.


According to this definition also computers and UMTS mobile phones, which can receive broadcast programs only over Internet, are broadcast recording devices. For this transmission path receivers are however released to at the end of of 2006 expressly still. Starting from 2007 secondary equipment release is considered also within the commercial range as special rule to it.

broadcast participant

broadcast participant is, who keeps broadcast recording equipment ready for the receipt. With the receiver in the motor vehicle the owner applies as a participant.

broadcast fee

the broadcast fee consists of the basic charges and the licence fee, whereby for the first television receiver also without possession of a radio reason and licence fee become due. Their height is determined by the broadcast financing convention.

In principle the appropriate fee is to be paid, for private households applies however a release for so-called secondary devices for each individual broadcast recording equipment. This secondary equipment release is expanded starting from 2007 for the receipt via Internet also since the commercial range.

fee debtor

fee debtor is always the person or the company, who keeps the radios ready for the receipt. The debt develops directly with the month of first holding ready and ends after end of holding ready only with the notice of departure of the receivers.

duty to give notice

with some exceptions is obligated each natural legal entity of age and, who keeps broadcast recording equipment ready for the receipt, this with the responsible national broadcasting corporation and/or. to announce the GEZ and pay broadcast fees. As to the receipt held ready are considered also devices, which can be made ready to receive at small expenditure. As such small expenditure in court decisions among other things attaching to suitable antenna systems and also small repairs of defective devices were regarded.

Indicatorrequiring is also the end of holding broadcast recording equipment ready or a change of residence.

The broadcast participant is committed to the national broadcasting corporation by law, and/or. To communicate GEZ with the announcement the following data:

  • Pre and surname as well as earlier name, under which broadcast recording equipment was announced,
  • date of birth,
  • name and address of the legal representative,
  • present address as well as last address, under which broadcast recording equipment was announced,
  • affiliation a certain industry,
  • at the beginning and an end of holding ready broadcast recording devices,
  • kind, number, type of use and location of the broadcast recording devices,
  • broadcast user number

requirement for information and obligation to information

in addition one to the duty to give notice, which the broadcast participant has to fulfill also without inquiry, have the national broadcasting corporations and/or the GEZ a requirement for information opposite the broadcast participant. The national broadcasting corporation can do thereby in individual cases also further, over which above for the duty to give notice enumerated data raise going out data, if this is necessary for the fulfilment of their tasks.

The requirement on information the national broadcasting corporations have and/or. the GEZ not only opposite broadcast participants, but also opposite their household members, and also opposite persons, who do not keep broadcast recording devices ready, with whom however actual reference points suggest that they keep broadcast recording devices ready. A dwelling assigned antenna system is not sufficient however as reference point.

The responsible national broadcasting corporation can intersperse their requirement on information in the administrative enforcement procedure by laws (imposition of obligation funds and obligation detention). The circle of acquaintances mentioned is obligated thereby to the information.

exceptions

secondary equipment release in the private household

in the private household are released with registration and charge metering for a receiver all further devices of the same type from the obligation to pay and announcing. With the payment of a reason and to a licence fee therefore as many as desired receivers can be kept ready. Under this secondary equipment release do not fall devices, which are kept ready by persons in the own sphere of influence, if these persons have their own income. For example along-living children in the household, who have their own income, must, which announces standing receivers in their own rooms independently of the household and for it fees pay.

A second home stop, for example a vacation home, is considered thereby as own household. Therein the devices held ready for the receipt must be announced separately.

secondary equipment release within the non-private range

starting from 2007 applies exclusively to new broadcast recording devices as for example for Internet PCs secondary equipment release also in the non-private, thus within the commercial range. PC, mobile telephones, play consoles etc. with Internet entrance justify thus starting from 1. January 2007 also an obligation to pay if in the household or enterprise otherwise no receiver is held ready. A freelance one or an independent with a work space separated from the living range must pay additional licence fees for the operational PC to the GEZ, in addition comes possibly. still another third fee for mobilely operated devices. Since on the other hand the same person can be at the same time only at a place, this regulation caused already substantial contradiction. For lack of appropriate basic judgements the accurate interpretation, which devices lead concretely to the obligation to pay, is however still unclear.

remission for social reasons

of basis for releases for social reasons was until including March 2005 the “regulation over the release from the broadcast fee obligation”, which could differ as federal state law however from country to country slightly. It was common to the national regulations that the responsible Sozialamt on request persons with small income (usually with less than the 1,5-fachen of the valid social welfare assistance rate) obstructed and persons with the mark “RF” registered in the severely disabled document of identification, which is durably from the sharing of the public life prevented (above all blind one, gehörlose one, persons with outside distortion or repulsive smells) from the broadcast fees release could. Some non-profit mechanisms in addition were released such as hospitals, nursing homes and schools etc.

With requests for remission, starting from that the 1. To be placed , the conditions change April 2005 drastically. The request is to be addressed then to the GEZ. Exception represents here the student financial assistance scheme. Last possibility exists according to broadcast fee convention §6 exp. 3 only in “special cases of hardness” on the broadcasting corporation respective after request decides. Non-profit mechanisms and obstructed with particularly heavy handicaps further on request are released.

constitutional complaints

against the 8. Convention of change of broadcast, which specified the current version of the broadcast state contract, several constitutional complaints are present . Members of the combination of the broadcast fee payers (VRGZ) complain against the inclusion of Internetable PCs and mobile phone into the obligation to pay starting from that 1.1.2007. Pool of broadcasting corporations and Second Channel of German Television want the resolution of the conference of Prime Minister with the increase of the broadcast fees below the KEF - recommendation to remain examine to let. The Germany radio turns against shortening its portion of the broadcast fees of 41 to 37 cent.

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