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.⁴

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

e.⁵

protect children and minors from the risks that arise from using telecommunications 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 2006⁷ 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;

c^bis.⁸

public telephony service means a telecommunications service for the transmission of speech in real time by means of one or more addressing resources provided for this purpose in a national or international numbering plan;

c^ter.⁹

value-added service means a service provided by means of a telecommunications service and charged to the customers by their telecommunications service provider in addition to telecommunications services;

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. and d^ter.¹⁰

...

e.¹¹

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.¹²

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

e^ter.¹³

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

f.¹⁴

addressing resource means a sequence of digits, letters, signs or other information 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;

g.¹⁵

directory data means information that identifies or designates a customer in relation to an individually assigned addressing element and which is used in order to publish a directory or is required for the provision of a telecommunications service;

h.¹⁶

radio and television programme service means sequence of programmes as defined in Article 2 RTVA¹⁷.

¹ The radiocommunications frequency spectrum may be freely used subject to compliance with the regulations on use.

² The Federal Council may provide that the use of certain frequencies is only permitted:

a.

with a licence from OFCOM or, in the cases under Article 22a, ComCom;

b.

after giving notice to OFCOM;

c.

with a proficiency certificate.

³ It shall impose restrictions under paragraph 2 solely:

a.

to avoid radio interference;

b.

to guarantee the technical quality of telecommunications services and other radio applications;

c.

to guarantee efficient use of the radiocommunications frequency spectrum; or

d.

in cases in which other legislation or international treaties provide that the frequency spectrum may only be used with the approval of the responsible authority.

⁴ In the case of frequency bands the allocation of which is the responsibility of the armed forces or civil defence in accordance with the national frequency allocation plan, the Federal Council shall not impose any restrictions in accordance with paragraph 2.

⁵ It shall specify the regulations on use and the requirements for granting proficiency certificates.

¹ ComCom shall issue the licences for using the radiocommunications frequency spectrum required to provide telecommunications services.

² If it is anticipated that there will be a shortage of frequencies, it shall normally conduct a public tendering process.

³ It may delegate to OFCOM the power to grant radio communications licences for which no shortage of frequencies under paragraph 2 exists or is anticipated in specific cases or in general for entire frequency bands.

⁴ The Federal Council shall regulate the principles for granting radio communications licences that are wholly or partly intended for the broadcasting of radio and television programme services.

¹ Any person wishing to obtain a radiocommunications licence must:

a.⁷⁶

have the necessary technical capacities and, insofar as required for using the relevant frequencies (Art. 22 para. 2 let. c), hold the relevant proficiency certificate;

b.⁷⁷

undertake to comply with the applicable legislation, in particular this Act, the RTVA⁷⁸, 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. Where the issue of the elimination or serious restriction of effective competition must be assessed, the licensing authority shall consult the Competition Commission.⁷⁹

¹ The Federal Council shall regulate the procedure for granting radio communications licences. It shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. All information provided by applicants shall be treated as confidential.

² The public law on public procurement does not apply.

³ For the first-instance procedure concerning the public tendering process and for the appeals procedure, in particular with regard to evaluation of the submissions and in order to guarantee commercial secrecy, the Federal Council may deviate from the following provisions of the Federal Act of 20 December 1968⁸¹ 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.

notification and justification of decisions (Art. 34 and 35 APA).

⁴ In the procedure concerning the public tendering process, interim decisions are not in themselves contestable by means of appeal.

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 Licences are wholly or partly transferable.

² Transfers are only permitted with prior consent of the licensing authority. Consent may only be refused if:

a.

the licence requirements under Article 23 are not complied with; or

b.

the efficient use of frequencies free from interference is not guaranteed.

³ The licensing authority may permit exceptions from the requirement of consent for individual frequency bands if it is anticipated that the efficient use of frequencies free from interference will be guaranteed and if effective competition is neither eliminated nor seriously restricted. Advance notice must be given to the licensing authority of transfers that do not require consent.

⁴ If the licence has been granted by ComCom, paragraph 2 applies by analogy to the economic transfer of the licence. An economic transfer occurs when a company has taken over control of the licensee in accordance with the law on cartels.

⁵ Where holders of licences granted by ComCom make joint use of components of radio communications networks, they must give advance notice of this to ComCom. The joint use of frequencies requires consent under paragraph 2.

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, OFCOM 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.⁸⁸

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

¹ OFCOM 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.

^1bis It shall issue the national frequency allocation plan. In doing so, it shall take appropriate account of the frequency requirements for armed forces and civil protection operations; it shall work with the responsible armed forces office.⁸⁹

² The national frequency allocation plan is subject to approval by the Federal Council.⁹⁰

³ In the event of a mobilisation of troops, the Federal Council may allocate the armed forces additional free or already licensed frequencies for the duration of operations.⁹¹

¹ OFCOM 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 OFCOM 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 OFCOM shall manage the addressing resources that must be managed at national level. It shall ensure that sufficient addressing resources are available; in doing so it shall take account of technical developments and international harmonisation.

² The Federal Council shall specify which addressing resources OFCOM must manage.

³ It 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 burden of proof. The right of holders of addressing resources and third parties to bring civil actions is reserved.

⁴ No one has the right to a specific addressing resource. The Federal Council may permit exceptions.

⁵ Providers of telecommunications services shall ensure number portability.

⁶ The Federal Council shall issue regulations on the management of addressing resources, and in particular on:

a.

their allocation, use, blocking, transfer and withdrawal;

b.

the issuing of numbering plans;

c.

the delegation of management to third parties, the termination of the delegated activity and the supervision of the same;

d.

sub-allocation;

e.

number portability.

¹ OFCOM may in special cases delegate the management of certain addressing resources to third parties.

² It shall select the third parties based on a tender or invitation procedure. If there is good cause, it shall appoint them directly.

³ If the tender or invitation procedure does not result in any suitable applications or if the delegated parties can no longer fulfil their obligations, OFCOM may require third parties to carry out the task. These third parties may charge prices for their activities that cover the relevant costs and allow an appropriate profit to be made.

⁴ Article 24 applies by analogy to the selection process.

This Act applies to the following internet domains:

a.

the country-specific domain «.ch» and, insofar as the management of the domain is the responsibility of the Confederation, all other internet domains that designate Switzerland alphanumerically, including transpositions in other alphabets or graphical systems;

b.

generic domains, if Swiss public corporations are responsible for their management;

c.

generic domains, if persons resident or with registered office in Switzerland are responsible for their management;

d.

generic domains which, because of their name, are of particular political, cultural, geographical or religious significance for Switzerland.

¹ OFCOM shall manage internet domains if the Confederation is responsible for their management.

² It may provide commercial services to third parties provided this is necessary for managing domain names and the requirements of Article 41a paragraphs 2 and 3 of the Financial Budget Act of 7 October 2005⁹⁷ are met.

The management of internet domains and their subordinate domain names is governed by the following principles:

a.

The security and availability of the infrastructure and the services required for the domain name system to function are guaranteed.

b.

The internet domains are managed in a transparent and non-discriminatory manner if they are the responsibility of public corporations.

c.

The proprietors of and applicants for domain names are protected from the misuse of their personal data.

The Federal Council shall regulate the modalities for managing internet domains and their subordinate domain names; in doing so, it shall take account of the rules applied internationally. It may in particular:

a.

lay down the conditions for the allocation, use, blocking, transfer and withdrawal of domain names that are subordinate to the domains that are the responsibility of the Confederation;

b.

regulate the processing of personal data in connection with domains that fall within the scope of this Act, including the provision of a publicly accessible database that guarantees everyone access to information about the proprietors of domain names;

c.

provide for measures that prevent the unlawful use of domain names or the use of domain names that is contrary to public order, and regulate cooperation with specialised private or public bodies in this sector;

d.

determine the institutional, functional and operational organisation of the domains that are the responsibility of the Confederation;

e.

regulate the management of domains for which public corporations other than the Confederation or private individuals resident in Switzerland are responsible;

f.

issue provisions relating to generic domains of particular political, cultural, geographical or religious significance, provided this is necessary in order to safeguard Switzerland's interests.

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.

Modification by the authorities of numbering plans or regulations for the management of addressing resources shall not constitute grounds for any claim for compensation.

Articles 13a and 13b on data processing and administrative assistance apply.

¹ The Federal Council may adopt technical regulations on the import, 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 1995¹⁰⁴ on Technical Barriers to Trade).¹⁰⁵

² If the Federal Council has laid down basic technical requirements with regard to telecommunications within the meaning of paragraph 1, OFCOM shall generally, in order to concretise them:¹⁰⁶

a.

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

b.¹⁰⁷

declare technical standards, European Union legal instruments or other rules binding.

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

^3bis OFCOM may draw up and publish technical standards.¹⁰⁸

⁴ If the Federal Council has not adopted any basic technical requirements with regard to telecommunications within the meaning of paragraph 1, or if OFCOM has not concretised them in accordance with paragraph 2, the person offering, making available on the market¹⁰⁹ 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 OFCOM or, in the absence of such specifications, the national standards shall apply.

⁵ If it is necessary for technical telecommunications security reasons, OFCOM 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.¹¹⁰

The Federal Council shall regulate the import, 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 import, offering, making available on the market, putting into service, installation and operation of telecommunications installations, OFCOM shall have access during normal working hours to the premises where such installations are located.¹¹³

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, OFCOM shall take the necessary measures. It may, in particular, restrict or prohibit the installation, operation, import, 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.¹¹⁴

⁴ OFCOM may publish the information on measures under paragraph 3 and make it accessible online if there is a public interest in doing so.¹¹⁵

⁵ It may provide, publish or make accessible online information on ongoing administrative or criminal proceedings only if there is an overriding public or private interest in doing so.¹¹⁶

⁶ It may participate in international databases for the exchange of information between market surveillance authorities. It may only record data in such databases if their transmission to foreign authorities would be permitted under Article 13b.¹¹⁷

¹ If a telecommunications installation causes interference to telecommunications or broadcasting, OFCOM 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 the import, offering, making available on the market, putting into service, installation and operation applicable to it.¹¹⁸

^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.¹¹⁹

^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.¹²⁰

^1quater If lawful interference disproportionately disrupts other public or third-party interests, paragraph 1 applies.¹²¹

² In order to determine the source of the interference to telecommunications or broadcasting, OFCOM shall grant access to all telecommunications installations.¹²²

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.¹²⁴

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.¹²⁵ 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.¹²⁶

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 Building owners and must tolerate, insofar as it is reasonable, additional connections to dwellings or business premises other than the connection of their choice, if a telecommunications service provider so requests and pays the costs thereof.¹²⁸

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.¹²⁹

⁴ The telecommunications service provider or the lessor may place under seal and verify unused connections. No costs may be charged for sealing and removing seals.¹³⁰

¹ Every telecommunications service provider shall have a right of access to the building entry point and of joint use of the installations within the building intended for telecommunications transmission provided this is technically justifiable and there is no other good cause for refusal.

² Building owners and telecommunications service providers must allow the joint use of the installations within the building in a transparent and non-discriminatory manner.

³ Building owners and shall make the required information on the installations within the building available to the providers on request.

⁴ Providers who have financed an installation must be compensated appropriately.

⁵ If requested to do so, ComCom shall rule on disputes between telecommunications service providers relating to access to the building entry point or the conditions for joint use. Article 11b applies by analogy.

¹ If the establishment of a telecommunications installation is in the public interest, DETEC¹³² may grant the right of compulsory purchase. The procedure shall be conducted in accordance with the Federal Act of 20 June 1930¹³³ on Compulsory Purchase.

² OFCOM 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.¹³⁴

³ Under the same conditions, OFCOM may require providers of telecommunications services to co-install and joint use of telecommunications installations and other installations, such as cable ducts and transmitter locations.¹³⁵

Lines owned by telecommunications service providers that are in existence when the Amendment of 22 March 2019 comes into force and are located in sewers which were constructed for the purpose of spatial planning development may only be removed from the sewers for good cause. Providers of telecommunications services shall, where possible, be offered alternative ducts for their lines.

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 authorities may provide a simplified licensing procedure for simple wire and rod antennas and for antennas on light masts with a similar appearance to flagpoles.

² The maintenance of an antenna or its replacement with an antenna of a similar size does not require authorisation.

¹ OFCOM 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 RTVA¹⁴¹.¹⁴²

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.¹⁴³

^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.¹⁴⁴

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.¹⁴⁵

the institutional beneficiaries of preferential rights, immunities and facilities under Article 2 paragraph 1 letters a, b and d-l of the Host State Act of 22 June 2007¹⁴⁶;

d.¹⁴⁷

legal entities under private law, provided they perform public tasks on behalf of the Confederation, cantons or communes.

The Federal Council may use part of the proceeds from licence fees under Article 39 for accompanying measures such as research and surveys in connection with radio-based technologies.

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

a.¹⁵⁰

the surveillance of providers of telecommunications services;

b.¹⁵¹

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

c.

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

d.¹⁵²

the granting, amendment and cancellation of universal service licences and radiocommunications licences, surveillance thereof and registration for the use of frequencies;

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.

^1bis No administrative fees in terms of paragraph 1 letters d and e shall be charged for radiocommunications licences issued to the armed forces, civil defence, the Border Guard, the police, the fire brigade, emergency and rescue services operating exclusively in the public interest and civilian command staffs.¹⁵³

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 OFCOM for approval, in particular if no competition exists for these services.

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

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 and the administrative charges.

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.¹⁵⁷

¹ Providers of telecommunications services shall combat unfair advertising in accordance with Article 3 paragraph 1 letters o, u und v of the Federal Act of 19 December 1986¹⁶⁰ on Unfair Competition.¹⁶¹

² The Federal Council may define measures that are appropriate and necessary to combat unfair 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 may issue regulations to protect children and minors from the dangers arising from the use of telecommunications services. In particular, it may require providers of internet access to advise their customers on the options for the protection of children and minors.

² In order that information with pornographic content in accordance with Article 197 paragraphs 4 and 5 of the Criminal Code¹⁶⁵ may be quickly and globally deleted, OFCOM, the Federal Office of Police and the competent cantonal bodies shall coordinate suitable measures. For this purpose, reporting offices operated by third parties and foreign authorities may be consulted and supported. The Federal Council shall regulate the details.

³ Telecommunications service providers shall block information with pornographic content in accordance with Article 197 paragraphs 4 and 5 of the Criminal Code that is brought to their attention by the Federal Office of Police. Telecommunications service providers shall report to the Federal Office of Police suspected cases of information with pornographic content in accordance with Article 197 paragraphs 4 and 5 of the Criminal Code which they have come across by chance in the course of their activities or which have been brought to their attention in writing by third parties.

¹ The Federal Council shall determine the telecommunications services that telecommunications service providers must provide in order that the armed forces, civil defence, Border Guard, police, fire brigade, the rescue services and the civilian authorities can fulfil their duties in all circumstances.

² It may require providers with a view to and in special and exceptional situations to make premises and installations available and to tolerate exercises.

³ It shall regulate the compensation for these services, having due regard to the interests of the provider.

⁴ It may require the necessary personnel to serve if a special situation so requires.

⁵ The provisions on requisition and the General's powers under Armed Forces Act of 3 February 1995¹⁶⁷ 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 carrying out these tasks, having due regard to the interests of the persons required to perform them.¹⁶⁸

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

¹ Telecommunications service providers shall take action against the unauthorised manipulation of telecommunications installations by telecommunications transmissions. They are entitled to reroute or block connections and to suppress information in order to protect the installations.

² To protect against hazards, avoid damage and minimise risks, the Federal Council may issue provisions on the security of information and of telecommunications infrastructures and services, in particular in relation to:

a.

availability;

b.

operation;

c.

securing redundant infrastructures;

d.

reporting interference;

e.

tracing processes;

f.

rerouting or blocking connections and suppressing information in accordance with paragraph 1.

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 penaltyif he:¹⁷⁰

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.¹⁷¹

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.¹⁷²

¹ Any person who:

a.¹⁷⁴

...

b.¹⁷⁵

uses the frequency spectrum:

1.

without the required licence,

2.

without the required advance notice,

3.

without holding the required proficiency certificate, or

4.

in breach of the regulations on use or the licence;

c.¹⁷⁶

puts addressing resources that are managed at national level into service without being entitled to do so;

d.¹⁷⁷

imports, 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.¹⁷⁸

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 100,000.¹⁷⁹

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 1974¹⁸⁰ on Administrative Criminal Law apply.

¹ Offences within the meaning of Articles 52 to 54 shall be prosecuted and adjudicated by DETEC in accordance with the provisions of the Federal Act of 22 March 1974¹⁸¹ on Administrative Criminal Law.

² DETEC may delegate to OFCOM 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 ComCom shall not be required to follow instructions from the Federal Council or DETEC when taking its decisions. It shall be independent of the administrative authorities. It shall have its own secretariat.

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

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

¹ ComCom 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, ComCom may seek the assistance of OFCOM and give it instructions.

¹ OFCOM 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 OFCOM detects an infringement of the law, it may:¹⁸³

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 OFCOM 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;

e.¹⁸⁴

withdraw the proficiency certificate from the holder or make it subject to conditions.

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

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

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 and evaluate this Act.¹⁸⁵

² They must provide OFCOM regularly with the necessary information to produce official telecommunications statistics.¹⁸⁶

^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.¹⁸⁷

^2ter OFCOM may publish market shares.¹⁸⁸

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 OFCOM. It shall judge the cases which do not lie within the competency of ComCom 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.