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. 35 Scope of application
1 In this Chapter, only Articles 39a and 39b paragraph 2 apply to value-added services which are provided via E.164 numbering plan addressing resources of the type 0800 (free numbers), 00800 (international free numbers) and 084x (shared-cost numbers). 2 In this Chapter, only Articles 36 paragraphs 4 and 5, 38 paragraphs 3 and 4, 40 paragraphs 3–5 and 41 paragraphs 1, 3, 4 letter c and 5 apply to value-added services which are offered neither via E.164 numbering plan addressing resources or via SMS or MMS.
Art. 35 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021, para. 2 in force since 1 July 2021 (AS 2020 6183).
Art. 36 Identifiability of value-added services
1 Value-added services must be clearly identifiable to users. 2 For the provision of value-added services via addressing resources of the E.164 numbering plan, only individually allocated numbers in accordance with Articles 24b–24i TSRO and short numbers in accordance with Articles 29–32 and 54 TSRO shall be used. 3 For the provision of value-added services via SMS or MMS, only short numbers in accordance with Articles 15a–15f TSRO shall be used. 3bis Holders of numbers under paragraphs 2 and 3 are also deemed to be providers of value-added services even if they do not offer the services themselves. 4 Value-added services which are offered neither via addressing resources of the E.164 numbering plan nor via SMS or MMS must be clearly and explicitly declared as value-added services. 5 Value-added services with erotic or pornographic content must belong to a separate category clearly identifiable for customers.
Para. 2 — SR 784.104 Para. 2 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). Para. 3bis — Inserted by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 4161).
Art. 37 Obligation regarding headquarters or permanent establishment
Providers of value-added services must have a headquarters or a permanent establishment in Switzerland.
Art. 37 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 38 Charging for value-added services
1 Provided the possibility of disputing their bill exists, customers may require their provider to communicate to them the following data in individual cases, free of charge, or with each bill, under a separate heading, if this data is used for billing purposes: a. if available, the addressing resource via which the value-added service is provided; b. the date and time of the provision of the value-added service; c. where applicable the duration of the connection; d. the fee charged for the value-added service. 2 In the case of connections with prepayment for services, the provider of telecommunications services, on request, communicates the data mentioned in paragraph 1. Verbal communication must be free of charge. A written communication may be made subject to only a small charge. 3 A clear indication must be given on the bill as to how the identity and address of the value-added service provider may be determined. 4 If a customer disputes a bill for value-added services, the provide
Art. 39 Price ceilings for value-added services in general
1 In the case of value-added services, basic or fixed charges shall not exceed 100 francs. 2 In the case of value-added services, the price per minute shall never exceed 10 francs. 3 In the case of value-added services which are based on registration by the customer and which may activate a multiplicity of individual items of information, neither the charge per individual item of information nor the sum of the charges for the individual items of information transferred by the provider within one minute shall exceed 5 francs. 4 In the case of value-added services, the sum of all charges (basic charge, fixed charges and time-dependent charges) per connection or per registration shall not exceed 400 francs.
Art. 39 — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 4161).
Art. 39a Maximum prices for value-added services of type 084x, 0800 and 00800
1 For connections to numbers of type 084x, telecommunications service providers may only charge their customers a time-dependent price of a maximum of 7.5 cents per minute (excluding value added tax). Calls are charged on a per second basis. The final amount may be rounded up to the nearest 10 cents. 2 Telecommunications service providers may not charge their customers for connections to numbers of type 0800 and 00800.
Art. 39a — Inserted by No I of the O of 5 Nov. 2014, in force since 1 July 2015 (AS 2014 4161). Art. 39a — 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. 39b Price transparency in the case of value-added services
1 For connections to numbers of type 090x and to short numbers under Articles 29–32 and 54 TSRO, telecommunications service providers may only charge their customers the price agreed between the holder of the number and the provider operating the number for a call to the number and which is disclosed in accordance with Articles 11a and 13a PIO. The final amount may be rounded up to the nearest 10 cents. For connections to numbers of type 090x, time-dependent charges must be billed on a per second basis. 2 No surcharges may be added to prices regulated in paragraph 1 and Article 39a for connections to numbers of type 0800, 00800, 084x, 0878, 090x and short numbers under Articles 29–32 and 54 TSRO.
Art. 39b — Inserted by No I of the O of 5 Nov. 2014 (AS 2014 4161). Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183). Para. 1 — SR 784.104 Para. 1 — SR 942.211
Art. 40 Blocking access to value-added services
1 Telecommunications service providers shall enable their customers to block outgoing connections to numbers of type 0900, 0901 or 0906 individually for each type of number. 2 Telecommunications service providers who offer access to short numbers for SMS and MMS services (Art. 15a-15f TSRO) shall enable their customers to block access to all SMS and MMS services or only to services with erotic or pornographic content. Reception of the corresponding SMS and MMS services must also be blocked. 3 Telecommunications service providers shall enable their customers to block outgoing connections to all value-added services in accordance with Article 35 paragraph 2 or only to those with erotic or pornographic content. 4 Customers must be able to activate and deactivate call blockings at any time, simply and free of charge. This does not apply to customers in accordance with Article 38 paragraph 4 third sentence and in accordance with Article 41. 5 Telecommunications service providers in accordan
Para. 1 — Amended by No I of the O of 18 Nov. 2020, in force since 1 July 2021 (AS 2020 6183). Para. 2 — SR 784.104 Para. 2 — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 4161).
Art. 41 Protection of minors
1 Telecommunications service providers shall block access to value-added services to customers or users under 16 years of age provided their age is known to the provider. 2 The access to the services in accordance with Articles 25–34 TSRO must remain guaranteed. 3 The providers shall only unblock access if the parent or legal guardian of the person concerned gives consent. 4 They may not unblock access to the following services: a. value-added services with erotic or pornographic content (0906 numbers); b. SMS and MMS services with erotic or pornographic content provided via short numbers; c. value-added services with erotic or pornographic content which are offered neither via E.164 numbering plan addressing resources nor via SMS or MMS. 5 To determine whether it is appropriate to block access to value-added services, providers of mobile telecommunications services shall: a. record the age of the principal user if they are under 16 years of age at the time the contract is concluded; b
Art. 41 — Amended by No I of the O of 18 Nov. 2020, in force since 1 July 2021 (AS 2020 6183). Para. 2 — SR 784.104