Competencies of the various authorities

Description of the competencies of the various authorities in the telecommunications sector according to the new Law on Telecommunications (coming into effect on January 1st, 2021)

Telecommunications services
Tasks Authorities Articles
Telecommunications Report: FC publishes a report on market situtation every 3 years Federal Council (FC) Art. 3a LTC
Obligation for telecommunications service providers to register OFCOM Art. 4 LTC
Ban on providing telecommunications services in Switzerland  OFCOM or ComCom Art. 5 LTC
Access to the resources and services of dominant suppliers: interconnection prices and conditions, unbundled access, leased lines, cable ducts. ComCom (decision) OFCOM (instruction) [1] Art. 11 and 11a LTC

Disputes arising from agreements and decisions regarding access

Civil Courts

Art. 11b LTC

Transparency of prices and obligation to inform (e.g. quality of services QoS)

Providers and OFCOM

Art. 12a LTC

International Roaming: CF takes measures, OFCOM monitors the market

Federal Council and OFCOM

Art. 12abis LTC

Regulation of value-added services and setting of upper price limits Federal Council Art. 12b LTC
Creation of a conciliation body or the delegation of this task to a third party  OFCOM Art. 12c LTC

Directories: FC shall define the content of an entry

Federal Council

Art. 12d LTC

Open Internet (“Net neutrality”)


Art. 12e LTC

Emergency call services

Federal Council and OFCOM

Art. 20 LTC

Directory minimum content access: decision in case of dispute ComCom Art. 21 LTC
Obligation to offer interconnection to guarantee interoperability ComCom Art. 21a LTC
[1] Consultation with the Competition Commission (ComCo) on questions relating to market dominance

Universal service licence
Tasks Authorities Articles
Services forming part of the universal service: content, quality criteria, upper price limits. Federal Council Art. 16 and 17 LTC
Universal service licence: licensing ComCom Art. 14 LTC
Universal service licence: transfer and modification ComCom Art. 19a LTC
Financing the universal service [2]:
- Conditions for financial compensation
- Determining financial compensation
- Management of the financing mechanism

Federal Council



Art. 19 LTC

Art. 24 OST

Art. 26 OST
[2] The mechanism laid down in the Decree is not in effect as the operator which holds the universal service licence has to date not requested compensation.

Tasks Authorities Articles

Frequency spectrum (free use in accordance with the usage regulations)

OFCOM and ComCom

Art. 22 LTC

Radio licences for the provision of telecommunication services [3] ComCom (OFCOM) Art. 22a LTC
Definition of the principles governing radio licensing for broadcasting radio and television programmes Federal Council Art. 22a LTC

Definition of the granting procedure, facilitation of the first-instance procedure

Federal Council

Art. 24 LTC

Approval of the wholly or partly transfer of a licence and shared use by licence holders

ComCom and OFCOM

Art. 24d LTC

Allocation of frequencies for broadcasting radio and television programmes (partly delegated to OFCOM) ComCom Art. 1 LRTV
Management of the frequency spectrum OFCOM Art. 25 LTC
Approval of the National Frequency Allocation Plan Federal Council Art. 25 LTC
Setting the licence fee [4] Federal Council Art. 41 LTC
Collecting fees and charges ComCom and OFCOM Art. 39 and 40 LTC
Licence fee exemption Federal Council Art. 39 LTC
[3] The licensing authority is ComCom. It can delegate certain tasks to OFCOM. The competent authority is responsible for awarding, transferring, modifying or revoking the licence and for collecting fees and charges.
[4] The Federal Council promulgates the Decree on fees in the telecommunications sector

Addressing resources
Tasks Authorities Articles
Application conditions Federal Council Art. 28 LTC
Management and allocation OFCOM Art. 28 LTC
Adoption of the national numbering plans Federal Council Art. 28 LTC

Providers of telecommunications services shall ensure number portability


Art. 28 LTC

Internet Domains: definition of the management principles

Federal Council

Art. 28e LTC

Internet Domains: management of domain names (*.ch, *.swiss)


Art. 28b LTC

Telecommunications installations
Tasks Authorities Articles
Technical regulations for telecommunications equipment Federal Council Art. 31 LTC
Technical standards embodying the technical regulations OFCOM Art. 31 LTC

Interferences of telecommunications or broadcasting by a telecommunications installation


Art. 34 LTC

Access to the building entry point (BEP) and co-use of domestic facilities


Art. 35b LTC

Shared use of equipment OFCOM Art. 36 LTC

Supervision and sanctions
Tasks Authorities Articles
Surveillance authority OFCOM Art. 58 LTC
Surveillance measures [5] OFCOM or ComCom Art. 58 LTC and Art. 18 OGC
Administrative sanctions [5] OFCOM or ComCom Art. 60 LTC
[5] ComCom decides on the surveillance measures and sanctions where it itself has granted the licence concerned. Surveillance measures range from requiring the provider to rectify the fault and imposing supplementary conditions on the licence through to revoking the licence.


Federal Council

Federal Communications Commission
Federal Office of Communications
LTC Law on Telecommunications of 30 April 1997 (SR 784.10)
Government Decree of 31 October concerning Telecommunications Services (SR 784.101.1)
Government Decree concerning frequencies and radiocommunications licences (SR 784.102.1)
LRTV Law on Radio and Television (SR 784.40)
Government Decree concerning the telecommunications fees (SR 784.106)