¹ The aim of this Act is to ensure that a range of cost-effective, high quality, and nationally and internationally competitive telecommunications services is available to private individuals and the business community.

² It shall in particular:

a.

ensure that a reliable universal service is provided, at affordable prices, for all sections of the population in all parts of the country;

b.

ensure that telecommunications traffic is free from interference and respects personal and incorporeal property rights;

c.

allow effective competition in the provision of telecommunications services;

d.¹

protect users of telecommunications services from unfair mass advertising and from abuse associated with value-added services.

This Act shall regulate the transmission of information by means of telecommunications techniques, including the transmission of radio and television programme services, provided the Federal Act of 24 March 2006² on Radio and Television (RTVA) does not prescribe otherwise.

In this Act:

a.

information means signs, signals, characters, images, sounds and any other form of representation addressed to human or other living beings or to machines;

b.

telecommunications service means transmission of information for third parties by means of telecommunications techniques;

c.

transmission by means of telecommunications techniques means sending or receiving of information, by lines or radio, by means of electrical, magnetic or optical signals or other electromagnetic signals;

d.

telecommunications installations means apparatus, lines or equipment intended for the transmission of information by means of telecommunications techniques or used for that purpose;

d^bis.¹

fully unbundled access to the local loop means provision of access to the local loop for another telecommunications service provider for utilisation of the entire frequency spectrum of the twisted pair metallic line;

d^ter.²

fast bitstream access means establishment of a high-speed connection to the subscriber from the exchange to the building connection on the twisted pair metallic line by a telecommunications service provider and making this connection available to another provider for the provision of broadband services;

e.³

interconnection means establishment of access by the connection of the installations and services of two telecommunications service providers, enabling them to operate together logically and in accordance with telecommunications techniques and allowing access to the services of third parties;

e^bis.⁴

leased lines means provision of transparent transmission capacities via point-to-point connections;

e^ter.⁵

cable ducts means underground pipes in which lines for transmission of information by telecommunications techniques are conveyed, including the access shafts;

f.

addressing resources means communication parameters and numbering elements such as code numbers, subscribers’ telephone numbers and short numbers;

g.

communication parameters means elements that enable the persons taking part in a telecommunications operation, as well as the computer processes, machines, apparatus or telecommunications installations involved, to be identified;

h.⁶

radio and television programme service means sequence of programmes as defined in Article 2 RTVA⁷.

¹ Any person wishing to use the radiocommunications frequency spectrum must obtain a licence.

² The armed forces and civil defence do not require a licence in order to use the frequencies allocated to them in the course of their duties.

³ The Federal Council may provide for other exceptions if the technical means employed to use the frequencies are of limited importance.

¹ Any person wishing to obtain a radiocommunications licence must:

a.

have the necessary technical capacities;

b.¹

undertake to comply with the applicable legislation, in particular this Act, the RTVA², their implementing provisions, and the licence conditions.

² Subject to any international obligations to the contrary, the licensing authority may refuse to grant a licence to undertakings incorporated under foreign law unless reciprocal rights are granted.

³ A licence shall be granted only if, having regard to the national frequency allocation plan, enough frequencies are available.

⁴ The granting of a radiocommunications licence must not eliminate or constitute a serious obstacle to effective competition unless an exception can be justified on grounds of economic efficiency. In cases of doubt, the licensing authority shall consult the Competition Commission.

¹ A radiocommunications licence shall, as a rule, be granted on the basis of a public invitation to tender if it is intended to provide telecommunications services using the requested frequencies and there are not enough frequencies available to meet all applicants’ present and future needs.

^1bis The Federal Council shall define the principles governing the granting of radiocommunications licences which are entirely or partially intended for the broadcasting of radio and television programme services.¹

² The Federal Council shall regulate the procedure. It shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency and guarantee the confidential character of all information provided by applicants.²

³ For the first-instance procedure concerning the public invitation to tender and for the appeals procedure, in particular with regard to evaluation of the entries and in order to guarantee commercial secrecy, the Federal Council may deviate from the following provisions of the Federal Act of 20 December 1968³ on Administrative Procedure (APA):

a.

determination of the circumstances (Art. 12 APA);

b.

co-operation of the parties (Art. 13 APA);

c.

inspection of documents (Art. 26-28 APA);

d.

right to a hearing (Art. 30 and 31 APA);

e.

opening and justification of decisions (Art. 34 and 35 APA).⁴

⁴ In the procedure concerning the public invitation to tender, interim decisions are not in themselves contestable by means of appeal.⁵

¹ The Commission is the licensing authority.

² It may transfer individual tasks to the Office.

If no licensing regulations exist for specific circumstances requiring a licence, the licensing authority shall define these on a case-by-case basis.

The licence is granted for a specific period of time. The licensing authority shall determine the term according to the type and importance of the licence.

¹ The licence may be transferred in part or as a whole to a third party only with the consent of the licensing authority. This also applies to the economic transfer of the licence.

² An economic transfer of the licence occurs when a company has obtained control of the licensee in accordance with the law on cartels.

¹ The licensing authority may amend or revoke the licence due to changes in actual or legal conditions if the amendment or revocation is necessary to guarantee important public interests.

² The licensee shall be appropriately compensated if the transferred rights are revoked or substantially reduced.

¹ Provided there are no overriding public or private interests, the Office shall provide the name and address of the licensee, and information on the subject of the licence, the rights and obligations attached to the licence, the frequency assignments and the transmitter locations.

² It may publish this information and make it accessible online if there is a public interest.

¹ The Office shall manage the frequency spectrum and the Swiss utilisation rights and orbital positions of satellites in accordance with the relevant international agreements. It shall take appropriate measures to ensure that these resources are used efficiently and without interference and to provide equitable access to them on the basis of the national frequency allocation plan.

² The national frequency allocation plan is subject to the approval of the Federal Council.¹

¹ The Office shall monitor the frequency spectrum for planning and surveillance purposes.

² It shall carry out these checks alone or in co-operation with other authorities. The Federal Council shall fix the detailed rules for such co-operation.

³ The Office may intercept or record radiocommunications traffic if this is necessary to ensure that telecommunications and broadcasting are free from interference and if other measures have proved ineffective or entail unreasonable expenditure.

⁴ Any data that is recorded may be used only to determine the cause of the interference or identify the person or persons responsible for it.

⁵ If there is reason to suspect that an offence has been committed that is punishable under this Act, any recordings that may constitute evidence shall be passed to the competent authority. Any other recording must be destroyed immediately.

Articles 13a and 13b concerning processing of data and administrative assistance shall apply.

¹ The Office shall manage the addressing resources in accordance with international standards. It shall take appropriate measures to ensure a sufficient supply of numbering elements and communication parameters. It may allow the holders of basic resources to assign subordinate addressing resources.

² In special cases, the Office may delegate its responsibility for the management and assignment of certain addressing resources to third parties. The Federal Council shall fix the detailed rules for implementation, in particular the arrangements for surveillance by the Office.

^2bis The Federal Council may prescribe a mandatory alternative dispute resolution procedure between the holders of addressing resources and third parties. It shall regulate the procedure, its consequences and its effects on the procedure under civil law, particularly the suspension of the period of limitation and the onus of proof. The right of holders of addressing resources and third parties to bring civil actions is reserved.¹

³ The Commission shall approve national numbering plans.

⁴ Providers of telecommunications services shall ensure number portability and freedom of choice of service provider in the matter of national and international connections. The Commission shall fix the detailed rules for implementation in the light of technical developments and international harmonisation.

Any holder of addressing resources shall be required to provide the competent authority with the information it needs to manage the addressing resources that have been assigned.

The partial or complete modification by the authorities of numbering plans or regulations for the management of communication parameters shall not constitute grounds for any claim for compensation.

¹ The Federal Council may adopt technical regulations on the offering, making available on the market and putting into service of telecommunications installations, in particular in respect of basic technical requirements with regard to telecommunications, evaluation of conformity, certification of conformity, declaration of conformity, markings, registration and the obligation to provide proof (Art. 3 of the Federal Act of 6 October 1995³ on Technical Barriers to Trade).

² If the Federal Council has laid down basic technical requirements with regard to telecommunications among the regulations within the meaning of paragraph 1, the Office shall generally, in order to concretise them:

a.

designate technical standards, compliance with which shall be deemed to constitute fulfilment of the basic requirements; or

b.

declare technical standards or other rules binding.

³ In implementing paragraph 2, the Office shall take the relevant international standards into account; any derogations shall require the consent of the State Secretariat for Economic Affairs.

⁴ If the Federal Council has not adopted any basic technical requirements with regard to telecommunications within the meaning of paragraph 1, or if the Office has not concretised them in accordance with paragraph 2, the person offering, making available on the market⁴ or putting into service a telecommunications installation must ensure that it complies with the recognised rules of telecommunications engineering. These shall be deemed to include, first and foremost, any internationally harmonised technical standards. In the absence of such standards, the technical specifications of the Office or, in the absence of such specifications, the national standards shall apply.

⁵ If it is necessary for technical telecommunications security reasons, the Office may rule that certain telecommunications installations may be entrusted only to specially qualified persons. It may regulate the detailed rules of such entrusting.

A telecommunications installation may only be installed and operated if it complied with the regulations in force when it was first made available on the market, installed or put into service and if it has been kept in that state. The Federal Council may define exceptions.¹

The Federal Council shall regulate the offering, making available on the market, putting into service, installation and operation of telecommunications installations which must be used by authorities in the interest of public safety.

¹ It is prohibited to manufacture, import, offer, make available on the market, possess, put into service, install or operate telecommunications installations and other devices that are intended to interfere with or prevent telecommunications or broadcasting.

² Article 32a is reserved.

¹ In order to check compliance with the regulations on the offering, making available on the market, putting into service, installation and operation of telecommunications installations, the Office shall have access during normal working hours to the premises where such installations are located.

² The Federal Council shall regulate the right of access to telecommunications installations that are subject to military secrecy regulations.

³ If a telecommunications installation fails to comply with the regulations, the Office shall take the necessary measures. It may, in particular, restrict or prohibit the installation, operation, offering and making available on the market of such an installation, order it to be restored to a state that complies with the regulations or returned, or confiscate it without compensation.

¹ If a telecommunications installation causes interference to telecommunications or broadcasting, the Office may require the operator to modify it at his own expense or to suspend operation of the installation, even if it complies with the regulations on offering, making available on the market, putting into service, installation and operation applicable to it.

^1bis If telecommunications installations disrupt or may disrupt the use of frequency spectrums that require increased protection, the Office may restrict or forbid the offering and making available on the market of such installations, even if they comply with the regulations concerning their offering and making available on the market.¹

^1ter The Federal Council shall regulate the conditions under which the following authorities may for the following purposes install, put into service or operate a telecommunications installation which causes interference:

a.

the police and the law enforcement authorities, in order to guarantee public safety and security;

b.

the Federal Intelligence Service, in order to guarantee the protection and security of its employees, information and installations.²

^1quater If lawful interference disproportionately disrupts other public or third-party interests, paragraph 1 applies.³

² In order to determine the source of the interference to telecommunications or broadcasting, the Office shall have access to all telecommunications installations.

Articles 13a and 13b concerning processing of data and administrative assistance shall apply to Articles 31–34.

¹ Owners of land in public use (such as roads, footpaths, squares, waterways, lakes and banks and shorelines) are required to allow providers of telecommunications services to use that land to install and operate lines and public pay telephones, provided those installations do not interfere with the public use of the land.¹

² Providers of telecommunications services shall take account of the purpose and the use to which the property in question is put and shall bear the cost of restoring it to its original state.² They shall be required to move their lines if the owner of the property wishes to use it for a purpose that is incompatible with their presence.

³ The Federal Council shall regulate the details, in particular the providers’ duty of co-ordination and the conditions governing the relocation of lines and public pay telephones.³

⁴ The authorisation procedure shall be simple and rapid. No compensation other than an administrative charge to cover costs may be levied for the use of the land, provided that it does not interfere with its public use.

¹ The owner shall tolerate, in addition to the connection as defined in Article 16, other connections if the latter are required by a tenant prepared to bear the costs thereof.

² Connection of buildings in accordance with the cantonal development stipulations is reserved.

³ No charge for utilisation shall be levied if:

a.

the tenant directly forgoes use of a new connection;

b.

the connection contract is cancelled; the telecommunications service provider or the lessor shall allow a reasonable cancellation period.

⁴ The telecommunications service provider or the lessor may place under seal and verify unused connections.

¹ If the establishment of a telecommunications installation is in the public interest, the Department may grant the right to expropriate. The procedure shall be conducted in accordance with the Federal Act of 20 June 1930¹ on Expropriation.

² The Office may on application, for reasons of public interest, in particular to take account of technical problems or the planning needs or protection of the countryside, national heritage, the environment, nature or animals, require providers of telecommunications services to accord to a third party, in return for appropriate compensation, the right to make joint use of its telecommunications installations and other installations, such as cable ducts and transmitter locations, if they have sufficient capacity.²

³ Under the same conditions, the Office may require providers of telecommunications services to co-install and co-use telecommunications installations and other installations, such as cable ducts and transmitter locations.³

¹ Lines for the transmission of information by means of telecommunications techniques and cable ducts shall be the property of the providers of telecommunications services who have installed them or acquired them from third parties.

² Any owner of land who wilfully or through gross negligence damages a telecommunications service provider’s line or cable duct on his property shall be liable for the damage.

¹ The Office shall collect from providers of telecommunications services a fee, the revenue from which shall be used exclusively to finance the uncovered costs of the universal service in accordance with Article 16 and the costs for the administration of the financing mechanism.

² The total amount of the fees must cover the costs listed in paragraph 1; the fee shall be fixed in proportion to the turnover of the telecommunications services provided.

³ The Federal Council may exempt from the fee those providers whose turnover from the telecommunications services provided is below a defined amount.

⁴ It shall regulate the detailed rules for provision of the information which is required for the apportionment and monitoring of the costs listed in paragraph 1.

¹ The licensing authority shall charge a fee for radiocommunications licences. No fee shall be charged for radiocommunications licences intended for broadcasting licensed radio or television programme services in accordance with the RTVA².³

² The amount of the fees shall be calculated on the basis of:

a.

the frequency range allocated, the class of frequency and the value of the frequencies;

b.

the bandwidth allocated;

c.

the territorial scope; and

d.

the temporal scope.

³ If a frequency may also be used to broadcast both licensed radio or television programme services and to transmit other radio and television programme services and information, the latter is subject to a licence fee proportional to usage.⁴

^3bis In order to facilitate the introduction of new broadcasting technologies in terms of Article 58 RTVA, or to safeguard the diversity of programming in areas inadequately covered by wireless terrestrial services, the Federal Council may reduce the licence fee for broadcasting radio and television programme services.⁵

⁴ If the radiocommunications licence is granted by auction, the licence fee shall correspond to the amount of the bid, less administrative charges for the invitation to tender and the granting of the licence. The licensing authority may fix a minimum bid.

⁵ The Federal Council may waive payment of the radiocommunications licence fee in the case of the following bodies, provided that they do not supply telecommunications services and that they make rational use of frequencies:

a.

authorities and public law bodies and establishments of the Confederation, cantons and communes, provided that they use the frequency spectrum exclusively for tasks for which they bear sole responsibility;

b.

public transport undertakings;

c.

diplomatic representations, permanent missions, consular posts and intergovernmental organisations;

d.

private bodies, provided they perform duties of public interest on behalf of the Confederation, cantons or communes.

¹ The competent authority shall make an administrative charge for its decisions and services to cover its expenses, in particular in connection with:

a.

the registration and surveillance of providers of telecommunications services;

b.

the decisions concerning access, provision of directory data, interoperability, leased lines and the joint use of installations;

c.

the resolution of disputes between customers and providers of telecommunications services or value-added services;

d.

the granting, surveillance, amendment and cancellation of universal service licences and radiocommunications licences;

e.

the management and technical monitoring of the frequency spectrum and satellite orbital positions;

f.

the management, assignment and revocation of addressing resources;

g.

the registration and surveillance of telecommunications installations.

² If an activity as defined in paragraph 1 concerns telecommunications services or radiocommunications licences which are used in whole or in part for the broadcasting of radio or television programme services, the authority may take account of the limited financial resources of the broadcaster who holds the right of access and who is directly or indirectly affected by the charge.

³ If responsibility for any of the activities listed in paragraph 1 has been delegated to a third party, that party may be required to submit the prices of its services to the Office for approval, in particular if no competition exists for these services.

⁴ The Department may set upper price limits, in particular if the price level in a specific market implies abuse.

¹ The Federal Council shall regulate the detailed arrangements for the collection of fees and the financing of the universal service and fix the amount of the fees for radiocommunications licences.²

² The Department shall fix the amount of the administrative charges. The task of fixing the amount of fees of limited scope may be delegated to the Office.

The authority responsible for collecting the fees may require the person responsible for paying them to provide appropriate guarantees.

No person who is or has been responsible for providing a telecommunications service may disclose to a third party information relating to subscribers’ communications or give anyone else an opportunity to do so.

¹ The customer may require the provider of telecommunications services to inform him of the data on which invoices are based, in particular the addressing resources, the times when calls were made and the payment due.

² Any person requiring this data to trace nuisance calls or unfair mass advertising may require the provider of telecommunications services to inform him of the name and address of the subscribers whose lines were used to make the calls in question.¹

¹ Providers of telecommunications services shall combat unfair mass advertising (Art. 3 let. o of the Federal Act of 19 December 1986² on Unfair Competition).

² The Federal Council may define measures that are appropriate and necessary to combat unfair mass advertising.

Providers of telecommunications services may process data concerning locations of customers only for the telecommunications services and charging purposes; they may only process it for other services if they have first obtained the consent of customers, or in anonymised form.

Processing of data on external equipment by means of transmission using telecommunications techniques is permitted only:

a.

for telecommunications services and charging purposes; or

b.

if users are informed about the processing and its purpose and are informed that they may refuse to allow processing.

The Federal Council shall regulate, in particular, the identification of the caller’s line, call forwarding, the use of data relating to telecommunications traffic and the security of telecommunications services with regard to interception and interference by unauthorised persons. In so doing, it shall take account of the need to protect the privacy of telecommunications users and of overriding public interests.

¹ The Federal Council shall decide the services that providers of telecommunications services must provide in extraordinary circumstances, in particular to meet the communication requirements of the armed forces, civil defence, the police, the rescue services and the civilian authorities. It shall regulate the compensation, having due regard to the interests of the provider.

² The Federal Council may oblige the necessary staff to serve should the extraordinary circumstances require it. In the case of telecommunications installations, the provisions on requisition are reserved.

³ The provisions on the General’s powers, under Article 91 of the Federal Act of 3 February 1995¹ on the Armed Forces and Military Administration, are reserved.

¹ The Federal Council may order the surveillance, restriction or interruption of telecommunications in extraordinary circumstances or when vital national interests require it. It shall regulate the question of any indemnity payable for these tasks, having due regard to the interests of the persons required to perform them.

² The measures described in paragraph 1 shall not constitute grounds for any claim for damages or reimbursement of fees.

The Federal Council may issue technical and administrative regulations for the security and availability of telecommunications infrastructures and services.

¹ Any person carrying on an activity in connection with a telecommunications service shall be liable to a custodial sentence not exceeding three years or to a monetary penalty¹ if he:

a.

falsifies or suppresses information;

b.

gives any third party the opportunity to do so.

² Any person who deceives a person carrying on an activity in connection with a telecommunications service into falsifying or suppressing information shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.²

Any person who by means of a telecommunications installation receives private information that is not intended for him and who uses it or communicates it to third parties without permission shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.¹

¹ Any person who:

a.¹

violates the notification requirement in accordance with Article 4;

b.

uses the frequency spectrum without a licence or contrary to the licence conditions;

c.²

puts addressing resources not assigned to him into service;

d.

offers, makes available on the market or puts into service telecommunications installations that do not comply with the regulations in force;

e.

installs or operates telecommunications installations that do not comply with the regulations in force;

f.

hands over telecommunications installations to unauthorised persons;

g.³

manufactures, imports, offers, makes available on the market, possesses, puts into service, installs or operates telecommunications installations or other devices that are intended to interfere with or prevent telecommunications or broadcasting

shall be liable to a fine not exceeding CHF 100,000.⁴

² If the offence is committed through negligence, the fine shall not exceed CHF 50,000.

Any person who, intentionally or through negligence, infringes any other provision of the telecommunications legislation, a treaty or international agreement on the subject, or violates a decision taken on the basis of such provisions and notified to him with an indication of the penalties available under this Article, shall be liable to a fine not exceeding CHF 5000.

Articles 14 to 18 of the Federal Act of 22 March 1974¹ on Administrative Criminal Law apply.

¹ Offences within the meaning of Articles 52 to 54 shall be prosecuted and adjudicated by the Department in accordance with the provisions of the Federal Act of 22 March 1974¹ on Administrative Criminal Law.

² The Department may delegate to the Office the tasks of prosecution and adjudication of offences, as well as the enforcement of decisions.

¹ The Federal Council shall elect a Federal Communications Commission consisting of five to seven members and shall appoint the Chairman and Vice-Chairman. The members must be independent specialists.

² The Commission shall not be required to follow instructions from the Federal Council or the Department when taking its decisions. It shall be independent of the administrative authorities. It shall have its own secretariat.

³ The Commission shall adopt rules relating to its organisation and management, which must be approved by the Federal Council.

⁴ The Commission shall be funded by administrative charges. The Federal Council shall regulate the details.

¹ The Commission shall perform the duties and take the decisions for which it is responsible in terms of this Act and its implementing provisions. It shall inform the public of its activities and produce a report each year for the Federal Council.

² For the purpose of implementing telecommunications legislation, the Commission may seek the assistance of the Office and give it instructions.

¹ The Office shall ensure that international telecommunications law, this Act, its implementing provisions, and licences are complied with. It may assign certain surveillance tasks to organisations incorporated under private law and co-operate with such organisations.

² If the Office detects an infringement of the law, it may:

a.

call on the legal or natural person responsible for the infringement to remedy the infringement or take measures to prevent any repetition of it; the person responsible for the infringement must inform the Office of the measures it has taken;

b.

require the legal or natural person responsible for the infringement to surrender to the Confederation any revenue generated during the infringement;

c.

make the licence subject to conditions;

d.

restrict, suspend, revoke or withdraw the licence or restrict, suspend or totally forbid the activity of the legal or natural person responsible for the infringement.

³ The Office shall withdraw the licence if essential conditions for granting it cease to be fulfilled.

⁴ If the licence has been granted by the Commission, the Commission shall take the corresponding measures based on the proposal made by the Office.

⁵ The competent authority may take precautionary measures.

¹ The persons subject to this Act shall be obliged to provide the competent authority with the information required to implement this Act.¹

² Providers of telecommunications services subject to notification requirements in accordance with Article 4 must provide the Office regularly with the necessary information to produce official telecommunications statistics.²

^2bis Data collected or submitted for statistical purposes may be used for other purposes only if:

a.

a federal act explicitly allows this;

b.

the person concerned consents in writing;

c.

this serves the evaluation of telecommunications legislation; or

d.

this serves as a basis for necessary regulatory decisions.³

^2ter The Office may publish market shares.⁴

³ The Federal Council shall regulate the details.

¹ If an enterprise infringes the applicable law, the licence or a decision having force of law, it may be required to pay an amount up to 10 percent of the amount of its average turnover in Switzerland in the last three financial years.

² Cases of failure to comply shall be investigated by the Office. It shall judge the cases which do not lie within the competency of the Commission in accordance with Article 58 paragraph 4.

³ When assessing the penalty, the competent authority shall take account in particular of the gravity of the infringement and the enterprise’s financial situation.