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 General Provisions
Art. 51 Rights
All telecommunications service providers are entitled to have access to the facilities and services of the provider with a dominant position in the market (the «dominant provider»).
Art. 51 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 52 Non-discrimination
1 The dominant provider shall allow other providers access to the facilities, services and the corresponding information without discrimination. 2 Other providers must not be treated less favourably than business units, subsidiaries or other partners of the dominant provider. 2bis The difference between the access prices offered by the dominant provider and its end customer prices must allow a comparable, efficient provider to achieve cost-covering revenues. 3 The dominant provider may provide only the technical reserves that are necessary for current operation, maintenance and replacement of its own installations. On request it must allow other providers to inspect its installations and where applicable justify in writing why the capacities are not sufficient. 4 It shall process the orders of other providers immediately in the order in which they are received. It may reject an order if there are well-founded doubts that it corresponds to the actual requirements of the other provider.
Para. 2 — Amended by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729). Para. 2bis — Inserted by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729). Para. 4 — Amended by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 53 Transparency
1 The dominant provider shall publish an updated reference offer for access to its facilities and services at least once a year. It shall present the derivation of the individual prices in a summarised and comprehensible form. 2 It must give notice of changes in the reference offer at least three months in advance. 3 It provides other providers with up-to-date online information as required for the individual forms of access and their co-location and enables online standardised ordering, processing, operation and cancellation of the individual access and co-location services. 4 If the dominant provider makes technical or operational changes to the access and co-location services after the order that are disadvantageous to the other provider, it shall give adequate notice of these. If the changes involve substantial costs to the provider concerned, the period of notice shall be at least 24 months. Changes may be made at any time with the agreement of the other provider. 5 The dominant p
Art. 54 Cost-oriented pricing: Principle
1 The access prices may as a maximum be the costs causally linked to granting access to services and facilities in accordance with Article 11 paragraph 1 TCA (the relevant costs). 2 Unless otherwise provided, the calculation is based on the costs incurred by an efficient provider on a forward-looking basis and are governed by the following rules: a. The costs correspond to the replacement costs of modern equivalent assets (MEAs). b. Account shall be taken of the long-term additional costs of the network components used and the long-term additional costs incurred solely due to access services (the long run incremental costs, LRIC). c. The relevant pro rata joint costs shall be added, as well as a constant mark-up for common costs. d. A return, at the rate customary in the sector, on the capital used for investments is also added. 3 Access services must be charged and billed separately from other services.
Art. 54 — Amended by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729). Para. 2 let. c — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 54a Cost-oriented pricing: Valuation of cable ducts
1 The costs of the cable ducts are determined based on the costs incurred by the dominant provider for maintaining and modifying the cable ducts. 2 The depreciation costs correspond to the average of the investments in the cable duct infrastructure that have been made and that are planned over an appropriate number of years (the infrastructure maintenance and modification ratio). They are expressed for one calendar year. 3 The dominant provider's capital cost rate is used to calculate the imputed interest on the capital invested. 4 The invested capital is the average capital employed; this is calculated according to the following rules: a. In the first calculation year, the average capital employed is calculated by, reducing half of replacement investment made by an efficient provider in the cable duct infrastructure by the infrastructure maintenance and modification ratio and increasing it by the investments made by the dominant provider in the previous year. b. In the following years
Art. 54a — Inserted by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 54b Cost-oriented pricing: lower price limit
1 A lower price limit applies to the access prices calculated in accordance with Articles 54 and 54a. 2 The lower price limit corresponds to the costs to an efficient provider comprising the short-term additional costs of network components used, the short-term additional costs incurred solely due to access services, and the joint and common costs (short run incremental costs plus, SRIC+).
Art. 54b — Inserted by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 54c Cost-oriented pricing: price-related discrimination
If the application of Articles 54–54b fails to generate cost-covering revenues in accordance with Article 52 paragraph 2bis, the relevant access prices shall be calculated by reducing the turnovers that the dominant provider achieves with the end customer services provided on the basis of the form of access concerned by the downstream costs of providing these services and thereafter breaking the results down into a single unit (retail minus).
Art. 54c — Inserted by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 55 Interfaces
1 OFCOM shall publish a list of recommended interfaces for access and their technical specifications. Internationally harmonised interfaces shall be given priority. 2 Other providers may demand from the dominant provider the interfaces recommended by OFCOM or the interfaces that the dominant provider uses for its own services. In addition, they may demand interfaces from the dominant provider if these: a. correspond to international harmonisation; b. can be implemented technically; and c. represent a substantial economic advantage for the planned introduction of services.
Art. 55 — Amended by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 56 Principles of co-location
1 At all sites necessary for access, the dominant provider shall offer other providers the possibility of using the site and putting in and operating installations there, in a non-discriminatory manner. 2 When it does so, it allows other providers in particular: a. to access the site under the same conditions, particularly with regard to access routes, access times and accompaniment, as the dominant provider; b. to connect different forms of access in the co-location premises; c. to connect their installations at the site with their networks via the same types of feed as is possible for the dominant provider, and in all cases via radio relay; d. to connect their installations at the site to those of third-party providers; e. to acquire access services for third-party providers. 3 The offering shall consist at least of use of the site without constructional separation. 4 Other providers shall immediately release co-location areas that have not been used for at least three months in the
Art. 57 Co-location in the case of a shortage of space
1 If the co-location area is not sufficient given optimal use of the available space, the dominant provider shall provide additional space at its location. 2 If, as a result, co-location cannot be assured for the other provider under conditions which are reasonable for the dominant provider, the latter shall operate the other provider’s installations under the same technical and operational conditions as it operates its own installations, or it shall tolerate the other provider putting in and operating installations in premises adjacent to the site or nearby, and enable it to connect these installations to the dominant provider’s network. 3 The other provider shall decide which of the variants in accordance with paragraph 2 is chosen, within the framework of technical feasibility.
Section 2 Special Provisions
Art. 58 Fully unbundled access to the local loop
1 In its reference offer, the dominant provider shall publish the technical and commercial conditions for fully unbundled access to the local loop, in particular: a. the modalities for the use of the unbundled local loop or a partial section, in each case without upstream connection of transmission or switching technology; b. the specifications of the relevant interfaces; c. the specifications of the physical access to distributors; d. the specifications of network compatibility. 2 It shall constantly examine internationally standardised technologies that correspond to the state of the art for network compatibility. It shall provide the available spectrum in the copper-based access network in a technology-neutral and non-discriminatory manner, taking account of interference-free operation. 3 If the calculation of the replacement costs of modern equivalent assets under Article 54 paragraph 2 letter a relates to new technology no longer based on the twisted metallic pair, then in calcula
Para. 3 let. d — Amended by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729). Para. 4 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 59 and 60
Repealed by No I of the O of 18 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 6183).
Art. 61 Interconnection
1 In its reference offer, the dominant provider shall publish the technical and commercial conditions for interconnection services, in particular: a. the description of all standard interconnection points and the access conditions, both for the case in which the other provider wishes to establish the joining connection itself and for the case in which it wishes to leave this to the dominant provider; b. the specifications of the interconnection interfaces used and the signalling protocols. 2 The dominant provider of the public telephony service shall provide at least the following interconnection services: a. originating, terminating and transit of connections; identification of the calling line, identification of the connected line, and suppression of this information; c. access to the value-added services 08xx and 09xx; d. the physical connection between the telecommunication installations of different providers as required for the connection of services. 3 In addition to minute and
Para. 3 — Amended by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729). Para. 4 let. c — Inserted by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 62 Leased lines
1 In its reference offer, the dominant provider shall publish the technical and commercial conditions for leased lines, in particular: a. the technical specifications of leased lines; b. the technical specifications for access and termination points; c. the specifications of the interfaces. 2 If the calculation of the replacement costs of modern equivalent assets in accordance with Article 54 paragraph 2 letter a is based on new technology that is significantly different from the previously used technology, the following applies: a. When the price is calculated for the first time, the costs in accordance with Article 54 paragraph 2 shall be based two thirds on the last-used previous assets and one third on the new assets. b. In the following year, the costs in accordance with Article 54 paragraph 2 shall be based one third on the last-used previous assets and two thirds on the new assets. c. In the following years, the costs in accordance with Article 54 paragraph 2 shall be based in t
Para. 2 let. c — Inserted by No I of the O of 14 March 2014, in force since 1 July 2014 (AS 2014 729).
Art. 63 Access to cable ducts
1 In its reference offer, the dominant provider shall publish the technical and commercial conditions for access to cable ducts, and in particular: a. the modalities for access to cable ducts and for laying, maintaining and removing cables; b. the technical specifications of the transmission systems used. 2 The dominant provider’s online system shall provide other providers with the following information in particular: a. the route of cable ducts which link specific geographical points; b. if known, the capacities used and those still available; c. the location of access chambers.
Section 3 Access Agreements and Procedure
Art. 63a Scope of application
Articles 64-68 only apply to access agreements with a dominant provider.
Art. 63a — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 64 Access agreements
Access agreements must be set down in writing and include at least the following main points: a. general commercial conditions; b. description of the access services; c. technical characteristics of these services; d. conditions for commissioning, operating and decommissioning access.
Art. 65 Confidentiality of the information
1 Information concerning the access negotiations is confidential. It may not be provided to other business units, subsidiaries, partners or third parties. 2 Information concerning customers which a provider obtains in connection with the processing of an access relationship may be used only within the framework of the access and for billing purposes. 3 An exception is the use of information to the effect that a customer has freely chosen a provider for national and international connections, has cancelled such a choice or has ported the telephone number to another provider, if: a. this information is similarly available to all the providers concerned; b. this information is used only by the surrendering or accepting provider; and c. the customer has consented to the use of this information. 4 Confidentiality in accordance with paragraphs 1 and 2 does not apply in respect of ComCom and OFCOM.
Art. 66 Notification of the initiation of negotiations
1 A provider wishing to conclude an access arrangement may notify OFCOM in writing of the opening or resumption of negotiations, for purposes of proof. 2 In the case of changes to the agreement, the assumption that the negotiations began with the making of the corresponding offer applies.
Art. 67 Obligation to notify
1 Access agreements shall be delivered to OFCOM within 2 weeks from the signing thereof. The same rule shall apply if the agreement is amended or terminated. 2 Any clause containing commercial secrets may be concealed for an inspection by third parties provided that it is summarised elsewhere. If the summary is incomplete, OFCOM may demand additional information.
Art. 68 Right to consult
If requested, OFCOM shall allow consultation of access agreements and decisions.
Art. 69
Repealed by No I of the O of 18 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 6183).
Art. 70 Application for a decision concerning access
1 An application for a decision concerning access must include: a. the requests; b. the main facts; c. the form provided by OFCOM, if the application is justified by the dominant position of the opponent of the application and the latter disputes the dominant position. d. ... 2 ... 3 OFCOM shall conduct the examination. If it deems the application to be incomplete or unclear, it shall allow the applicant a brief period to make an improvement. It shall inform the applicant that it will make a proposal to ComCom not to assess the application if the deficiency is not rectified within this period.
Para. 1 let. c — Amended by No I of the O of 4 Nov. 2009, in force since 1 Jan. 2010 (AS 2009 5821). Para. 1 let. d — Repealed by No I of the O of 4 Nov. 2009, with effect from 1 Jan. 2010 (AS 2009 5821). Para. 2 — Repealed by No I of the O of 4 Nov. 2009, with effect from 1 Jan. 2010 (AS 2009 5821).
Art. 71 Provisional measures
After having received the application, ComCom may decree provisional measures on its own initiative or at the request of one of the parties, in order to ensure access during the proceedings.
Art. 72 Competition Commission
When the Competition Commission is consulted, it shall give an opinion within four weeks.
Art. 73 Conciliation proceedings
Within the framework of its examination, OFCOM may institute conciliation proceedings.
Art. 74 Access decision
1 On conclusion of the examination, OFCOM shall make a proposal to ComCom for a decision. 2 ComCom decides on the access conditions according to the principles which are customary in the market and in the sector. 3 If the dominant provider cannot provide evidence of compliance with cost-orientation, ComCom decides on the basis of comparable values in the market and in the sector. It may also decide prices on the basis of its own pricing and costing models or other appropriate methods, in particular if no suitable comparable values are available.