Germany television / Broadcasting corporation

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Germany television GmbH was one eilends created parent company, in order to take part the Lands of the Federal Republic in that free television society (FFG) and to thus avoid a complaint before the Federal Constitutional Court.

Legal situation

Federal Chancellors Adenauer and its cabinet wished themselves a second television program, which send country widely and to which federation should be subordinated. It should concern thereby the private enterprise free television society. However the culture sovereignty was with the countries, so that these could destroy the plan with a successful complaint before the Federal Constitutional Court. There was a gray area, the Federal Post Office - and thus the federation - possessed the right to assign transmission licenses. Thus one could argue, the federation was altogether responsible for the broadcast, but stood this on wobbly feet.

LOCK means for the countries

Considering the legal situation one hoped to be able to hold the countries with a participation in the second program from a complaint. For this one created the Germany television GmbH, whereby however the FFG the most important, if not even only organizers should be. Thus Adenauer as Federal Chancellors as well as Federal Ministers of Justice Fritz as a private person and faithful dealer for the countries signed the partner contract of the Germany television GmbH, on 1 August took place the entry into the trade register Cologne on 25 July 1960. The countries did not accept however and the remaining Ministers had at the position no interest. Thus one already changed the statute in 25 August, whereby the Federal Government took over the portion of 11.000 DM.

Transmission licenses and financing

On 1 August one requested the dispatching of a television station net, picture and Tonleitungen at the Federal Post Office to 1 January 1961. To finance itself the GmbH should by deliveries of the program organizer and thus in the long run of incomes from advertising. For the starting time 23,000 DM from the special order funds of the Federal Chancellor and 80,000 DM interest-free loans of the federation were available.

Complaint

The SPD lead Lands of the Federal Republic Hamburg, Bremen, Lower Saxony and Hessen called the Federal Constitutional Court between 19 August and 19 September 1960, since they saw their culture sovereignty hurt. Because the preparations continued however steadfastly to the second program and should on 1 January 1961 of the kind of sending take place, one requested besides a provisional arrangement, which also issued the court on 17 December 1960. Thus the FFG was actual and with it the Germany television GmbH at the end.

Judgement

On 28 February 1961 the Federal Constitutional Court finally announced the judgement, whose crucial statement read: "The telecommunication system begins only with the transmission of the send-finished clay/tone and picture signals from the Rundfunkstudio to one or more transmitters (transmission by lines or by radio); then the radiant emittance of the transmission and about the technical procedures up to the receipt of the transmission, following to it, cover themselves. To the telecommunication system in the sense of kind 73 No. 7 GG belong the technical facilities, to their regulation for an arranged operational sequence of the enterprise of the broadcasting stations and the receipt of their transmissions are essential" ".

Afterwards the Germany television GmbH, since the countries are responsible for the organization of the broadcast, the federation was unconstitutional however only for the radio technology. Thus after 1945 a clear dividing line between the send-technical range and the organizer was drawn for the first time. Such a clear judgement had not expected the Federal Cabinet, did not contribute the defeat together with the awkward behavior with the citizen of Berlin building of the Wall substantially to the power loss Adenauer.

After the judgement those was dissolved Germany television GmbH. It cost altogether 63,000 DM, which as unscheduled loss in the Federal Budget was booked - it concerned particularly conference funds.

Selfinitiative of the countries

With the judgement the Prime Ministers of the complaining countries came under expectation pressure, expected one nevertheless everywhere a second full program. A possibility existed in a second pool of broadcasting corporations program, by which however a strong regionalization was feared. Besides there was no majority in the CDU/CSU Parliamentary Group for a pool of broadcasting corporations folder. The countries decided thereupon to 23. March 1961 a common second program and signed already on 6 June the associated convention over "a non-profit institute of the public right with the name: Second German television ". The country Rhineland-Palatinate had already bought on 4 December 1961 the Eschborner Studio for the future Second Channel of German Television of the FFG.