Question 1

Where can I lodge complaints and who monitors compliance with licences ?

Accepted Answer

Since the liberalisation of the telecommunications market in 1998 and the corresponding changes to the law on telecommunications, relations between telecommunication services providers and their customers have been based on civil law. The basis of this legal relationship is the contract concluded between them. Any resulting disputes, such as disputed telephone bills, must therefore in principle be settled between the contracting partners or, if necessary, before a civil court. Since May 2005, the telecommunications industry has set up an arbitration service (ombudscom) for complaints related to telecommunications services.OFCOM is the supervisory authority under telecommunications law over providers of telecommunication services which are offered in Switzerland.
On the basis of the law it ensures that licensees and registered telecommunication services providers comply with national and international telecommunications law, statutory provisions and - in the case of licensees - their licences (cf. art. 52, 53, 58 and 60 of the Law on Telecommunications (available in français, deutsch, italiano). If the Federal Office finds that a violation of the applicable law has taken place, it can apply to ComCom for measures to be taken or - where OFCOM is the licensing authority - take measures itself.The measures extend from remedying the fault, confiscation of unlawfully acquired revenue and amendment of the licence through to withdrawal of the licence (art. 58 para. 2 LTC). In the case of infringement of the licence or statutory provisions which generate a profit, an administrative fine of up to three times this profit may be imposed against the guilty telecommunication services provider. If no profit can be ascertained or estimated, the fine can be up to 10% of the previous year's turnover in Switzerland of the telecommunication services provider concerned (art. 60 LTC).
In the case of violations and contraventions as defined in art. 52 and 53 LTC, OFCOM may impose fines of up to CHF 100,000.

Question 2

How is ComCom financed ?

Accepted Answer

«The costs of the Commission are covered by fees» (art. 56, para. 4, LTC).
The Office collects not only fees but also licence fees, in accordance with the decree on fees in the telecommunications sector (art. 2, ORDT - ordonnance sur les redevances dans le domaine des télécommunications).

Question 3

What are the respective roles of ComCom and OFCOM ?

Accepted Answer

For the implementation of the legislation on telecommunications, the Commission is the licensing authority, but it may have recourse to the Office and impose directives on it (art. 57, para. 2, LTC). It may also delegate to the Office particular tasks (art. 24a, para. 2, LTC), which are laid down separately by the ComCom decree relating to the law on telecommunications (see allocation of tasks according to the law on telecommunications).In general, OFCOM prepares the cases handled by ComCom, submits the necessary proposals and implements the Commission's decisions. In this sense, it is the examining and executive body in the sphere of regulation of the telecommunications market.
ComCom has permanently delegated to OFCOM the granting of those radio licences which are not the subject of a public tender procedure (e.g. licences for amateur radio operators or for private companies' radio) and which are wholly or primarily intended for the broadcasting of access-authorised radio and television programme services.
OFCOM is also the monitoring authority. It ensures that licensees comply with international law on telecommunications, Swiss law on telecommunications, its implementing provisions and their own licence (see art. 58, LTC). If it becomes aware of a violation of the law in force, the Office makes proposals to ComCom, which will decide on the measures to be taken. The latter may include withdrawal of the licence by the Commission.
For its part, ComCom grants universal service licences and those relating to mobile telephony and other radiocommunication services subject to competitive tendering procedures.
It also acts as the arbitrating body in the event of interconnection disputes.
Finally, it approves the numbering plans and regulates number portability and carrier selection (ComCom Internal Regulations, art. 4).

Question 4

How does ComCom work ?

Accepted Answer

The Commission takes the decisions which fall within its competency under the Law on Telecommunications (available in français, deutsch, italiano) and its implementing provisions. Under its obligation of transparency, it «informs the public about its activities and publishes a report every year for the attention of the Federal Council » (art 57, para. 1, LTC).The president convokes the Commission according to requirements. He must also do so at the request of a member. Finally, the Commission may take its decisions by way of circulation (ComCom Internal Regulations, art. 11 and 12).
OFCOM prepares dossiers for the Commission, submits its proposals to it and implements its decisions. It may discuss important problems with the Commission or the presidency, prior to submitting the proposal (ComCom Internal Regulations, art. 8).
It should also be noted that OFCOM is the examining authority in the case of procedures regarding access to facilities and services of market-dominant providers.

Question 5

ComCom's independence ?

Accepted Answer

In a telecommunications environment which has been liberalised in Switzerland since 1 January 1998, ComCom was established as an independent body to assume the role of market regulator, according to a model which has been applied in most European countries.
As the Confederation is the majority shareholder in Swisscom, the former monopoly, it could not play the role of judge and one of the parties. For this reason, legislators decided in favour of an autonomous authority.
(see Annual Report 1998)Its independence is thus enshrined in the law on telecommunications (art. 56, para. 2 LTC) :
«The Commission is not subject to any directive of the Federal Council or the Department as far as its decisions are concerned. It is independent of the administrative authorities. It has its own secretariat».
Naturally, the Commission always acts within the framework of this same law, which defines its activities by virtue of the objectives which it has laid down: «the purpose of this law is to ensure telecommunications services for individuals and business environments which are varied, advantageous, of high quality and competitive in national and international terms». It must, among other things, «guarantee that a reliable universal service is provided at a reasonable price to all categories of the population and throughout the country», as well as «allowing effective competition in terms of telecommunication services» (art. 1, LTC).

Question 6

Nomination and competencies of the members of the Commission ?

Accepted Answer

«The Federal Council establishes a Federal Communications Commission composed of five to seven members; it nominates the president and vice-president thereof. The members must be independent specialists» (art. 56, para. 1, LTC).
Members are generally elected for a renewable term of 4 years.

Question 7

What is the Federal Communications Commission (ComCom) ?

Accepted Answer

ComCom is an independent extraparliamentary commission set up by the Law on Telecommunications (available in français, deutsch, italiano) of 30 April 1997 as the licensing authority and market regulatory authority for the telecommunications sector.Its main competencies consist in the granting of licences for use of radiocommunication frequencies and universal service licences; laying down conditions for access (unbundling, interconnection, leased lines...); approving the national numbering plans; and laying down the conditions for application of number portability and carrier selection.The Commission has, moreover, delegated a number of tasks for which it is responsible to the Federal Office of Communications (OFCOM) in its decree (available in français, deutsch, italiano) of 17.11.97 relating to the law on telecommunications (see also the Internal regulations of the commission, and the section below concerning "the respective roles of ComCom and OFCOM ").

Frequently Asked Questions