Ordinance on Telecommunications Services (OTS)
Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 75 Co-ordination with other building projects
1 Owners of land in public use may make permission to use that land subject to the condition that the telecommunications service provider must co-ordinate its building project with another, provided that the project can be completed within three months and that such temporary co-ordination does not excessively impede the intended use of the land in question. 2 Owners may require the provider to obtain information from other enterprises concerning the projects they are planning on a plot of land in public use. They shall advise the provider of the enterprises from which it must request such information. The provider may also request such information from other enterprises. The latter are obliged to reply within four weeks.
Art. 76 Relocation of lines and public pay telephones
1 The owner of land in public use shall notify the telecommunications service provider in writing of any relocation of lines or public pay telephones, stating the reasons. The latter shall express its position on the type and manner of the relocation, the costs and the bearing of the costs. If no agreement is reached on the type and manner of the relocation, the owner shall order the relocation, taking account of the information from the provider. 2 The costs of the relocation are generally borne by the provider. Owners of land in public use must, however, contribute appropriately, provided: a. the current position of the line or public pay telephone corresponds to their explicit request; b. there is joint use of the line for their own purposes; c. the relocation of the line or public pay telephone is requested within one year of its installation; d. the costs of other reasonable measures would be lower than those of relocation. 3 If the relocation takes place for the benefit of third
Art. 77 Land owned by railway undertakings
1 Article 35 TCA applies by analogy to lines which cross land owned by railway undertakings by the most direct possible route. 2 The telecommunications service provider shall be liable for costs caused to the railway undertaking by the construction or maintenance of the lines.
Art. 78 Utilisation of roads
1 The owners of roads, with the exception of access roads, shall determine where telecommunications service providers lay their lines within the perimeter of the road. 2 Provided this is reasonable for providers, owners in accordance with paragraph 1 may request that their free infrastructures be used, for appropriate compensation. The compensation shall not be more than the provider’s estimated costs for laying its own lines. 3 Differing agreements between the parties involved concerning the use of land are reserved. 4 Article 76 paragraph 2 letter a is not applicable to roads, with the exception of access roads.
Art. 78a Joint use of existing installations in the property’s connection lines
The obligation of property owners under Article 35a paragraph 1 TCA to tolerate additional cable connections and under Article 35b paragraph 1 TCA to grant access to the building entry point and to tolerate the joint use of existing installations within the building also includes: if there is sufficient capacity available: tolerating the joint use of the existing cable ducts that serve the property’s connection lines; if there is insufficient capacity available: tolerating the installation of additional installations that serve the property’s connection lines.
Art. 78a — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 78b Joint use of existing installations in the building
The obligation of property owners and telecommunications service providers under Article 35b paragraph 1 TCA to tolerate the joint use of existing installations within the building also includes tolerating: a. the joint use of the power connections; b. the installation of systems so that another provider that is jointly using the property’s installations can provide its telecommunications services.
Art. 78b — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 78c Common rules for the joint use of existing installations the property’s connection lines and the building’s systems
1 If a telecommunications service provider wishes to jointly use existing installations in the property’s connection lines or the building’s systems in order to provide its own telecommunications services, it must notify the property owner and the existing providers. 2 If a property owner does not have access to the required information about the existing installations in the property’s connection lines or the building’s systems, the provider that has installed property’s connection lines or the building’s systems must make this information available on request. 3 Providers who have financed a cable duct system or a system within the building may demand that a co-using provider make a one-off pro rata payment for each residential or commercial unit for the transfer for long-term use in accordance with their average acquisition costs. 4 Providers that are granted access to a cable duct system or a system within the building shall bear the cost of the work required to install the new equ
Art. 78c — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).
Art. 79 Joint use of installations under Article 36 paragraph 2 TCA
Appropriate compensation for the joint use of installations of other providers in accordance with Article 36 paragraph 2 TCA shall be the corresponding proportion of the total costs.
Art. 79 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6183).