English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 36 Principles
1 OFCOM shall check whether telecommunications installations that are made available on the market, put into service, installed or operated comply with the provisions of this Ordinance and with its own regulations (Art. 33 para. 1 TCA). The executive authority in terms of the LVEO is responsible for the inspection of health and safety aspects (Art. 7 para. 1 let. a). 2 For this purpose, it shall carry out sample tests. It shall carry out an inspection if it has reason to believe that a telecommunications installation is not in conformity with the provisions of this Ordinance and the OFCOM regulations. It is also authorised to inspect telecommunications installations after a licence application has been filed 3 It may ask the Federal Office for Customs and Border Security (FOCBS) to provide information on imports of telecommunications installations over a specific period. 4 If the FOCBS encounters telecommunications installations in the course of its normal activities that it suspects,
Para. 1 — SR 734.26 Para. 3 — The name of this administrative unit was changed on 1 Jan. 2022 pursuant to Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1) (AS 2021 589). This change has been made throughout the text. Para. 5 — SR 510.518.1
Art. 37 Powers
1 OFCOM shall be authorised to demand from economic operators any necessary documents and information which may prove that telecommunications installations comply with the provisions of this Ordinance and its regulations, to demand the delivery, without charge, of the necessary telecommunications installations in order to test them or have them tested by a laboratory mentioned in Article 17. 2 During the inspections, the user must provide the following: a. the documents for the telecommunications installation that are in its possession; and b. the information required to identify the person responsible for making the telecommunications installation available on the market.
Art. 38 Tests by a body
1 OFCOM shall arrange for a body under Article 17 to test a telecommunications installation if: a. the tests carried out by OFCOM suggest that the installation does not meet the requirements of Articles 7 and 9; and b. the request is made by the person responsible for making the installation available on the market. 2 Before it arranges for an installation to be tested by a body under Article 17, it shall consult the person responsible for making it available on the market, in particular in relation to the chosen body, the extent of the tests and their estimated costs. 3 The costs of the tests by the body shall be paid by the person responsible for making the installation available on the market if the tests show that the installation does not meet the requirements. 4 OFCOM may arrange for the tests to be carried out by a body if it is unable to carry out the tests itself. In this case, the person responsible for making an installation available on the market that does not meet the ess
Art. 39 Measures
1 If the inspection shows that regulations in this Ordinance or OFCOM’s regulations are being violated, after hearing the person responsible for placing the telecommunications installation on the market or for its operation, OFCOM may order measures provided for in Article 33 paragraph 3 TCA. It may publish notice of the measures or make such notice accessible online. 2 If the technical documentation does not present sufficient relevant information or references to ensure compliance of the telecommunications installations with the essential requirements set out in this Ordinance, and if the requirements of Article 14 are therefore not met, OFCOM may request the manufacturer or the importer to have a test performed by a body acceptable to OFCOM at the expense of the manufacturer or the importer within a specified period in order to verify compliance with the essential requirements set out in this Ordinance. 3 Article 19 paragraph 7 TBTA applies. 4 If OFCOM provides information to the pu
Para. 1 — Amended by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720). Para. 4 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6213).
Art. 40 Interference
1 OFCOM may at any time have access to telecommunications installations which interfere with telecommunications or broadcasting and take the measures provided for in Article 34 TCA. 2 In addition, Articles 22 and 23 apply by analogy.
