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 April 1st, 2007)


Telecommunications services
Competencies Authorities Articles
Obligation for telecommunications service providers to register OFCOM Art. 4 LTC
Ban on providing telecommunications services in Switzerland  ComCom Art. 5 LTC
Access to the resources and services of dominant suppliers: interconnection prices and conditions, unbundled access, high bitrate access, leased lines, etc. ComCom (decision) OFCOM (instruction) [i] Art. 11 and 11a LTC
Regulation of value-added+A28 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
Directory minimum content access ComCom Art. 21 LTC
Obligation to offer interconnection to guarantee interoperability ComCom Art. 21a LTC
Obligation to provide leased lines  ComCom Art. 21b LTC
[i] Consultation with the Competition Commission (ComCo) on questions relating to market dominance

Universal service licence
Competencies 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
Universal service licence: determining the location of public call boxes ComCom Art. 20 OST
Universal service licence: obligation to provide the service for locating emergency calls if there are several universal service licensees ComCom Art. 29 OST
Financing the universal service [ii]:
- Conditions for financial compensation
- Determining financial compensation
- Management of the financing mechanism


Federal Council

ComCom

OFCOM                   


Art. 19 LTC

Art. 24 OST

Art. 26 OST
[ii] 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.

Radiocommunication
Competencies Authorities Articles
Radio licences awarded via a public call for tender (GSM, UMTS, BWA, WLL) [iii] ComCom Art. 24a LTC
Awarding radio licences not for providing telecommunications services (amateur radio, radiocommunications for maritime or aircraft navigation, radiocommunications for private corporate use, etc.) [iii] OFCOM Art. 1 of the ComCom Decree 
Definition of the principles governing radio licensing wholly or partly for broadcasting radio and television programmes Federal Council Art. 24 LTC
Allocation of frequencies for broadcasting radio and television programmes (partly delegated to OFCOM) ComCom Art. 54 LRTV and Art. 1 of the ComCom Decree 
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 [iv] 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
[iii] 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.
[iv] The Federal Council promulgates the Decree on fees in the telecommunications sector

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

Telecommunications installations
Competencies Authorities Articles
Technical regulations for telecommunications equipment Federal Council Art. 31 LTC
Technical standards embodying the technical regulations OFCOM Art. 31 LTC
Shared use of equipment OFCOM Art. 36 LTC

Supervision and sanctions
Competencies Authorities Articles
Surveillance authority OFCOM Art. 58 LTC
Surveillance measures [v] OFCOM or ComCom Art. 58 LTC and Art. 18 OGC
Administrative sanctions [v] OFCOM or ComCom Art. 60 LTC
[v] 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.

Abbreviations

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

https://www.comcom.admin.ch/content/comcom/en/Homepage/the-commission/legal-framework/competencies/competencies-of-the-various-authorities.html