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)

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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”)	OFCOM	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

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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 ComCom OFCOM	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.

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Radiocommunication

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

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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	OFCOM	Art. 28 LTC
Internet Domains: definition of the management principles	Federal Council	Art. 28e LTC
Internet Domains: management of domain names (*.ch, *.swiss)	OFCOM	Art. 28b LTC

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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	OFCOM	Art. 34 LTC
Access to the building entry point (BEP) and co-use of domestic facilities	ComCom	Art. 35b LTC
Shared use of equipment	OFCOM	Art. 36 LTC

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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.

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Abbreviations

FC
Federal Council
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)

LTC Telecommunications Law of the 30.04.1997 (SR 784.10)

Government Decree concerning Telecommunications Services (SR 784.101.1)

RTVA Federal Act on Radio and Television

Decree of the Federal Communications Commission concerning the Telecommunications Law (SR 784.101.112)