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.
Section 1 Universal Service Licence
Art. 12 Granting the universal service licence
1 Universal service licences shall in all cases be put out to tender as a competition based on criteria. 2 A bidder for a universal service licence must additionally submit in its concept the business plan for the entire term of the licence, indicating the assumed prices and the envisaged investments. 3 The universal service licence shall be granted to the bidder who meets the decision-making criteria and who does not request financial compensation. When several bidders meet the criteria and do not request financial compensation, the licence is granted to the bidder who best satisfies the criteria employed for qualitative evaluation. 4 When all the bidders who meet the criteria request financial compensation, the one whose bid offers the best ratio between the result of the qualitative evaluation and the required compensation shall receive the licence. 5 The Federal Communications Commission (ComCom) shall call on one or more telecommunications service providers to assure the universal
Art. 13 Financial compensation
1 The financial compensation serves exclusively to finance the uncovered costs of the universal service. 2 The uncovered costs are equivalent to the net total costs of the universal service. The net total costs are equivalent to the difference between the costs to the company providing the universal service and the costs it would incur if it did not have to provide the universal service.
Art. 14 Calculation of net total costs
1 The net costs of the universal service are equivalent to the expenses incurred by an efficient provider in ensuring the universal service. The net costs, which are listed in itemised form for each service, are calculated using the following principles: a. the calculation is performed on a current basis; b. the network costs are assessed using book values; c. the capital yield on investments is that typical of the sector, and must be weighted with the risk associated with the provision of the universal service; d. the depreciation method takes the lifetime of the investments into account; this must correspond to their economic lifetime; e. direct and indirect revenues must be subtracted from the costs. 2 The net total costs of the universal service are equivalent to the sum of the net costs assessed separately for the individual services following deduction of intangible advantages. 3 The data used for the calculation must be supported, i.e. it must be transparent and must derive from
Section 1a Scope of Application
Inserted by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 14a Principles
Sections 2 and 3 apply to contracts between the universal service licensee and its customers that are expressly concluded in order to fulfil universal service obligations.
Art. 14b Subsidiarity
The universal service licensee may choose not to conclude a contract under Article 14a if the customer concerned is offered a comparable service in the market. If it nevertheless provides the customer with a service, it may not claim compensation for the costs under Article 19 paragraph 1 TCA.
Section 2 Obligations of the Universal Service Lic
Art. 15 Services universally provided
1 The following services are provided universally: a. a public telephony service that permits the conduct of national and international telephone conversations in real time with one number; b. … c. an entry in the directory for the public telephony service for persons using the service mentioned in letter a; households are entitled to two entries; d. an internet access service with one of the following specified transmission rates: 1. 10 Mbit/s for downloading and 1 Mbit/s for uploading, 2. 80 Mbit/s for downloading and 8 Mbit/s for uploading; e. the following services for the hearing-impaired: 1. provision of a transcription service for the hearing-impaired including emergency calls and an SMS relay service, both of which are available round the clock, 2. provision of an operator service by video telephony that is available from Monday to Friday from 8am to 9pm, and on Saturday, Sunday and on public holidays recognised by federal law from 10am to 5pm; f. directory and operator service
Para. 1 let. a — Term in accordance with No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). This amendment has been made throughout the text. Para. 1 let. b — Repealed by No I of the O of 16 Dec. 2022, with effect from 1 Jan. 2024 (AS 2022 849). Para. 1 let. c — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849). Para. 1 let. d — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849). Para. 1 let. f — Amended by N
Art. 16 Connection
1 The services in accordance with Article 15 paragraph 1 shall be provided by means of a connection up to the network termination point within the customer’s residence or business premises. The universal service licensee shall decide on the technological solution that it uses. 2 OFCOM shall decide on the specifications of the network termination point based on internationally harmonised standards.
Art. 16 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 17 Building entry point
1 The universal service licensee must provide the telecommunications installations required for providing services of the universal service up to the building entry point. It is not obliged to provide the house installation. 2 If it introduces a new technology that requires adaptation of the building installation, it shall bear the costs of this adaptation. 3 When these telecommunications installations are first provided, the proprietor may determine the location of the building entry point. 4 Where telecommunications installations already exist, the licensee is not permitted to demand that the building entry point be moved. 5 OFCOM may issue technical regulations governing the building entry point.
Art. 18 Minimum contractual term and sharing costs
1 The universal service licensee may refuse to install or upgrade a connection to provide the services under Article 15 paragraph 1 if the customer does not accept its minimum contractual term. The term shall end at the latest on expiry of the universal service licence. 2 The universal service licensee may also refuse to install or upgrade a connection if the cost of doing so exceeds 12,700 francs and the customer refuses to pay the costs in excess of this amount. 3 If the customer pays a share of the costs, the universal service licensee may not require a minimum contractual term.
Art. 18 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 19 Reduction in the extent of service
1 If the connection is unable to provide the internet access service under Article 15 paragraph 1 letter d for technical or financial reasons, the universal service licensee may by way of exception reduce the scope of this service. 2 If the customer pays a share of the costs in accordance with Article 18 paragraph 2, the extent of service may not be reduced.
Art. 19 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 19a Reporting refusals of offers and reductions in the extent of service
1 The universal service licensee shall submit a report to OFCOM every year on refusals of offers under Article 14b and exceptions under Article 19; the report shall contain the following information in particular: a. the number of offers refused and of reductions in service; b. the reason for the offer being refused or for the reduction in service; c. the location affected by the offer being refused or by the reduction in service; d. the extent of the reduction in service. 2 OFCOM may publish the information in paragraph 1 in anonymised form.
Art. 19a — Inserted by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 20 Eligibility and conditions of provision
1 The universal service licensee shall decide within 45 days of receipt of the request whether it will provide a connection in accordance with Article 16. If it intends not to conclude a contract under Article 14a, it shall verify whether another connection operated by a different provider is available and shall ascertain in such a case whether this provider can provide a comparable offer in terms of Article 14b. The requested provider must respond to the universal service licensee’s request within 15 days. 2 If providing the connection in accordance with Article 16 gives rise to costs in excess of the amount specified in Article 18 paragraph 2, the universal service licensee must provide the person interested with an offer free of charge and within 90 days of receiving the required information; the technology used must be specified. 3 The universal service licensee must provide the service within twelve months of signature of the contract. If no civil engineering work is required, the
Art. 20 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 21 Quality of the universal service
1 The universal service licensee shall assess the quality of the universal service offered and submit a report thereon each year to OFCOM. The following criteria apply: a. concerning connections: 1. time taken to install a connection, 2. number of fault notifications per connection and per year, 3. repair time; b. concerning the public telephony service: 1. availability of the service, 2. connection set-up time, 3. voice transmission quality, 4. unsuccessful call ratio for connection set-up as a result of network congestion or network fault; c. concerning the internet access service: 1. availability of the service, 2. data transmission rate, 3. data transmission time, 4. data transmission quality; d. response times for services for persons with disabilities; e. billing accuracy. 2 OFCOM shall regulate the technical details and set the target performance values for the quality criteria. In this context it shall be guided by advances in quality and take technical developments into accoun
Art. 21 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 22 Maximum prices
1 The following maximum prices apply (excluding value-added tax): a. public telephony service with one number (Art. 15 para. 1 let. a) with either one or two entries in the directory (Art. 15 para. 1 let. c), including connection (Art. 16): 23.45 francs per month; b. internet access service: 1. with a specified transmission rate of 10/1 Mbit/s (Art. 15 para. 1 let. d No 1), including connection (Art. 16): 45 francs per month, 2. with a specified transmission rate of 80/8 Mbit/s (Art. 15 para. 1 let. d No 2), including connection (Art. 16): 60 francs per month; c. public telephony service with one number (Art. 15 para. 1 let. a) with either one or two entries in the directory (Art. 15 para. 1 let. c) and an internet access service: 1. with a specified transmission rate of 10/1 Mbit/s (Art. 15 para. 1 let. d No 1), including connection (Art. 16): 50 francs per month, 2. with a specified transmission rate of 80/8 Mbit/s (Art. 15 para. 1 let. d No 2), including connection (Art. 16): 65 fra
Art. 22 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 22a Billing by post
Regular billing by post must be offered free of charge to customers not provided with an internet access service (Art. 15 para. 1 let. d).
Art. 22a — Inserted by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2024 (AS 2022 849).
Art. 23 Unpaid bills and security deposits
1 If subscribers do not pay the bills for services of the universal service provided in the context of the universal service licence on time, the universal service licensee is obliged to send them a reminder containing a reference to the measures that can be expected. 2 If the bill is disputed with grounds or if it does not apply to services of the universal service provided in the context of the universal service licence, the universal service licensee is not entitled to block connections or to terminate the contract prior to settlement of the dispute. 3 If the ability of subscribers to pay is in doubt, the universal service licensee may demand security deposits subject to the interest rate applicable to savings accounts. The amount of these security deposits may not exceed the sum required to cover the licence holder’s expected risk.
Section 3 Financing the Universal Service
Art. 24 Setting the financial compensation
1 The net total costs are calculated in accordance with the principles in Article 14. 2 The provisional costs must be submitted to OFCOM by 31 July of the year prior to that for which the budget has been prepared. If the universal service licence is put out to tender, the anticipated costs for the first two years of the licence shall be set out directly in the universal service licensee’s application. 3 The actual costs must be submitted to OFCOM two months following the end of the year at the latest. The universal service licensee must provide OFCOM with all data necessary for monitoring the actual costs. 4 ComCom shall establish the amount of the financial compensation on the basis of the actual costs. The differences between the provisional and actual costs must be conclusively substantiated in order to be the object of a claim for compensation. 5 The licensee shall advance the annual financial compensation. Interest is charged on the advance at a rate which applies for federal obli
Para. 2 — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 4161). Para. 3 — Amended by No I of the O of 4 Nov. 2009, in force since 1 Jan. 2010 (AS 2009 5821). Para. 6 — Amended by No I of the O of 4 Nov. 2009, in force since 1 Jan. 2010 (AS 2009 5821).
Art. 25 Fees for the financing of the universal service
1 The decisive factor in calculating the fee for a registered provider of telecommunications services is its turnover in the telecommunications services offered in the country minus the costs of the telecommunications services which it has purchased wholesale from third-party providers and the costs of telecommunications services billed to third parties. 2 Telecommunications service providers shall provide OFCOM with information on the previous year’s turnover by 30 April at the latest, and for the first time in 2009. 3 If a provider does not submit the data necessary for calculation of the fees, OFCOM shall make its calculation on the basis of the total turnover subject to value-added tax. 4 OFCOM may provide for an external monitoring system to test the accuracy of the data provided by telecommunications service providers. 5 If a defaulting provider does not pay the amounts it owes within one year of the period set in the reminder, these are carried forward to the net total costs of
Para. 1 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 26 Administration of the financing mechanism
1 OFCOM shall administer the financing mechanism. It may issue technical and administrative regulations for this purpose. 2 It shall periodically publish a report on the financing of the universal service. 3 The costs for administration of the financing mechanism are covered by the fees for financing the universal service.