Ordinance on Telecommunications Services (OTS)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 2 Scope of the telecommunications service
Any person transmitting data: a. within a building; b. on a real property, on two adjacent or opposite real properties, separated by a road, path, railway line or watercourse; c. within an enterprise, between the parent company and subsidiaries or within a corporate group; d. within public corporations and between them; e. when transmitting information free of change within groups with no central organisation shall not be deemed to provide a telecommunications service.
let. e — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 3 Registration
1 Telecommunications service providers shall submit the information required for registration to the Federal Office of Communications (OFCOM) and notify OFCOM of any changes to this information without delay. 2 Registered providers which intend to permit registered or not yet registered providers to use resources as specified in Article 4 paragraph 1 TCA must notify OFCOM of this.
Art. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 4 Postal address in Switzerland
1 Registered telecommunications service providers must provide a correspondence address in Switzerland to which documents such as communications, writs and official decisions can be delivered with legal force, at the same time stating their standard business identification number in accordance with the Federal Act of 18 June 2010 on the Business Identification Number. 2 OFCOM shall publish the postal address. It may make the address available through an online search process.
Art. 4 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). Para. 1 — SR 431.03
Art. 5 Provision of data in terms of administrative assistance
The Post and Telecommunications Surveillance Service shall provide OFCOM free of charge with the addresses of telecommunications service providers known to it that may be of importance to the enforcement and evaluation of telecommunications legislation.
Art. 5 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 6 Right to connect telecommunications terminal equipment
1 The telecommunications service provider may not refuse for technical reasons to connect telecommunications terminal equipment that meets the requirements of Article 7 of the Ordinance of 25 November 2015 on Telecommunications Installations (TIO) to the corresponding interfaces. 2 OFCOM may grant a telecommunications service provider approval to refuse or cease connection of telecommunications terminal equipment that meets the requirements of Article 7 TIO or to cease the service for this equipment if there is a risk that the equipment will cause radio interference or that it will have a damaging effect on the network or network operation. OFCOM may also take other appropriate measures. 3 In an emergency, a provider may immediately disconnect telecommunications equipment from the network if this is required to protect the network and if the user can be offered an alternative immediately and free of charge. The provider shall immediately inform OFCOM.
Para. 1 — SR 784.101.2 Para. 1 — Title in accordance with Art. 43 para. 1 let. a of the O of 25 Nov. 2015 on Telecommunications Installations, in force since 13 June 2016 (AS 2016 179).
Art. 7 Interfaces for telecommunications networks and services
1 Telecommunications service providers must publish the technical specifications of the interfaces required for physical access to telecommunications networks. 2 They must on request inform OFCOM, customers and manufacturers of telecommunications installations and telecommunications service software of the types of interfaces they provide for internet access services and for services provided using the resources specified in Article 4 paragraph 1 TCA. They must provide the information free of charge within a reasonable time. 3 The information specified in paragraphs 1 and 2 must be sufficiently detailed so that it is possible to manufacture and use telecommunications terminal equipment for all services provided by the provider concerned using the corresponding interface. 4 Providers must on request inform customers free of charge of the identification features and access data required to access telecommunications networks and to use services in accordance with paragraphs 1 and 2. 5 OFC
Art. 7 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 8 Use of the frequency spectrum
The Ordinance of 18 November 2020 on Using the Radio Frequency Spectrum applies to providers that use the frequency spectrum to provide their services.
Art. 8 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). SR 784.102.1
Art. 9 Apprenticeships in vocational education and training
1 Telecommunications service providers with registered office or a permanent establishment in Switzerland must at the latest 18 months after entering the market offer at least three per cent of positions in the telecommunications industry in Switzerland as apprenticeships for vocational education and training. Part-time positions shall be counted according to the full-time equivalent positions that they represent. 2 Providers may also fulfil this requirement in cooperation with third parties within the telecommunications industry.
Art. 9 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). Para. 1 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 10 Price transparency
1 If, in the case of calls between customers of different providers of mobile telecommunications services, higher prices are charged than for calls to the same provider’s customers, then the caller shall be informed of this when the connection is established, free of charge, without advertising and in simple terms. This also applies to calls between different customer groups of the same provider. Providers must make it possible for their customers to forgo the indication free of charge. 1bis If customers are charged higher prices for calls to numbers in company-wide telecommunications networks than for calls to numbers with geographical codes, customers shall be informed of this when the connection is established, free of charge, without advertising and in simple terms. Providers must make it possible for their customers to forgo the indication free of charge. 2 In the case of telecommunications services with limited free or discounted elements, the provider must make it possible for c
Para. 1bis — Inserted by No I of the O of 5 Nov. 2014, in force since 1 July 2015 (AS 2014 4161). Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 10a International roaming: Obligations to provide information
1 On conclusion of the contract, on the activation or reactivation of roaming services and at least once a year, mobile communications providers must inform their customers, in writing and in a manner that is easy to understand, about the conditions and modalities of international roaming, and in particular about: a. how and where customers can find the currently applicable tariffs and the tariff options for price reductions; b. the option of setting a cost limit and of blocking access; c. the option of deactivating and reactivating the information when switching to a mobile communications network abroad; d. the option of not receiving all the information required when switching to a mobile communications network abroad. 2 When a customer switches to a mobile communications network abroad, the mobile communications provider shall inform the customer immediately, free of charge and in a manner which is easy to understand of the maximum costs of the following international roaming servic
Art. 10a — Inserted by No I of the O of 4 Nov. 2009 (AS 2009 5821). Amended by No I of the O of 18 Nov. 2020, in force since 1 July 2021 (AS 2020 6183).
Art. 10b International roaming: Use
1 Mobile communications providers shall only enable the use of roaming services once a cost limit has been set. Customers must be able to adjust the cost limit subsequently. 2 Providers shall enable their customers to deactivate and reactivate access to roaming services at any time simply and free of charge. 3 Providers shall deactivate roaming services in aircraft, on ships and by satellite by default and irrespective of whether the service is enabled in accordance with paragraph 1. The activation and deactivation of these roaming services must be possible independently of deactivation and reactivation under paragraph 2. 4 Providers must not actively obstruct or prevent their customers from using roaming services offered by other providers.
Art. 10b — Inserted by No I of the O of 18 Nov. 2020, in force since 1 July 2021 (AS 2020 6183).
Art. 10c International roaming: Charges
1 When calculating the charges or credit usage for outgoing and incoming international roaming calls, the following applies: a. Calls are charged by the second, with the exception of the first 30 seconds of outgoing calls. b. The final amount may be rounded up to the nearest 10 cents. 2 When calculating the charges or credit usage for providing international roaming data services, the following applies: a. The service is charged per kilobyte. b. The final amount may be rounded up to the nearest 10 cents. 3 A different charge is only permitted: a. if the required data are not provided by the foreign mobile communications providers and the provider proves the necessity of the different charge to OFCOM based on the data provided; or b. for text and multimedia messaging services such as SMS or MMS, where charging is usually per message.
Art. 10c — Inserted by No I of the O of 18 Nov. 2020, in force since 1 July 2021 (AS 2020 6183).
Art. 10d International roaming: Options
1 Mobile communications providers must offer their customers options that enable them to obtain international roaming services at reduced tariffs. In doing so, the following applies: a. The option either comprises a reduced tariff or includes a certain number of units at a package price. b. The customer must be free to determine the starting date for the option. c. The option is valid for at least 12 months irrespective of any accounting period. 2 The options must be available free of charge in Switzerland and abroad. It must be possible to obtain the options via the internet, irrespective of the terminal device used.
Art. 10d — Inserted by No I of the O of 18 Nov. 2020, in force since 1 July 2021 (AS 2020 6183).
Art. 10e Measuring the quality of internet access services and providing information to the public
1 Telecommunications service providers must: a. themselves measure the quality of the fixed-network and mobile internet access services that they offer, provided they have access to the required measuring equipment; b. enable their customers to measure the quality of their own fixed-network or mobile internet access service, provided the customers have access to the required measuring equipment; c. compile the results and inform their customers and the public about the quality of the internet access services. 2 For each service offered, they must as a minimum: a. measure and publish the data transmission rate effectively achieved, the delay and, in the case of mobile communications connections, the signal strength; b. measure and publish the contractually agreed data transmission rate, variations in delay and the loss of data packets during transmission. 3 The information on quality must allow comparisons to be made between the offers of the various providers. It must also be published
Art. 10e — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). Para. 2 let. a — In force since 1 Sept. 2021, with publication required from 1 Jan. 2022 (AS 2020 6183). Para. 2 let. b — In force since 1 Jan. 2024, with publication required from 1 April 2024 (AS 2020 6183).
Art. 10f Open internet
1 In accordance with Article 12e paragraph 2 letter a TCA, each internet access provider may transmit information by a different method if this is necessary in order to comply with a statutory requirement or a legally binding court decision. 2 The customer's request to the provider in accordance with Article 12e paragraph 2 letter c TCA may not be made the standard subject of an offer which the customer accepts via the general terms and conditions or via the standard offer.
Art. 10f — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 11 Minimum data in a directory entry
1 The entry for a customer in directories of telecommunications services consists of at least: a. the addressing resources by means of which the customer of the telecommunications service concerned can be contacted; b. the first name and surname or the company name; c. the customer’s address in full; d. where applicable, the indication that the customer does not wish to receive advertising messages from persons with whom they have no commercial relationship and that data relating to them may not be forwarded for purposes of direct advertising (Art. 88 para. 1); e. the price indication in accordance with Article 11abis and 13a of the Ordinance of 11 December 1978 on Price Indication (PIO) insofar as the entry relates to an addressing resource of a value-added service subject to a charge. 2 A customer may apply for several entries in accordance with paragraph 1 with the same addressing element, provided that all persons affected by the entries have given their consent to this. 3 If the e
Art. 11 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). Para. 1 let. e — SR 942.211