FM vs. DAB+: Hamburg Radio Frequency Row Escalates Legally

Hamburg FM Frequency Dispute Sparks Legal Battle Over Radio's Future

A dispute over radio frequencies has arisen after the Media Council of the MA HSH rejected a broadcaster's request to reallocate FM transmission capacities. The decision affects a 98.1 MHz frequency in Hamburg, currently used by Klassik Radio for a joint coverage area with Schleswig-Holstein. The broadcaster now plans to challenge the ruling, arguing it unfairly limits their operations.

The conflict began when the MA HSH approved the reassignment of the 98.1 MHz FM frequency to a private, 24-hour radio programme. The broadcaster opposing the move claims the restriction disproportionately limits freedom of expression. They argue that reallocating FM capacities could support the transition to digital radio instead.

Over the past five years, DAB+ usage in Germany has climbed from around 5% to 25–30% of listeners. FM, meanwhile, has stagnated or slightly declined, holding at roughly 70%. This shift follows a nationwide DAB+ rollout since 2020, mandatory device integration from 2023, and government-backed digitalisation campaigns. The Media Council maintains that the broadcaster can apply for available DAB+ capacities as an alternative. The broadcaster's legal challenge could have wider implications. A court ruling in their favour might invalidate similar restrictions in other federal states' media laws. For now, the Media Council's decision remains non-binding, leaving room for an appeal.

The broadcaster's appeal could reshape how FM frequencies are managed during the digital radio transition. If successful, the case may force revisions to media laws across Germany. The outcome will determine whether broadcasters gain more flexibility in using available transmission capacities.