Telecommunications Act (TCA) (TCA)
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 Common Provisions
Art. 3a Evaluation report
1 The Federal Council shall submit a report to the Federal Assembly every three years on: a. the development of investments made throughout Switzerland; b. the development of the universal provision of services; c. the quality and the prices of the telecommunications services on offer; d. the development of network competition; e. the costs and granting of access to the local loop, irrespective of the technology underlying these connections. 2 If required, the Federal Council shall submit proposals to the Federal Assembly for promoting effective competition.
Art. 3a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 4 Registration of telecommunications service providers
1 The Federal Office of Communications (OFCOM) shall register telecommunications service providers that use any of the following resources intended for providing telecommunications services: a. radio frequencies whose use requires a licence; b. addressing resources that are managed at national level. 2 Registered providers may allow other telecommunications service providers to use resources under paragraph 1 only if these other providers have registered beforehand. 3 OFCOM shall maintain and publish a list of registered providers and the telecommunications services that they offer. 4 The Federal Council shall regulate the details of registration.
Art. 4 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 5 Telecommunications service providers organised under foreign law
The competent authority may, subject to any international obligations to the contrary, prohibit telecommunications service providers organised under foreign law from using radio frequencies or addressing resources under Article 4 paragraph 1 unless reciprocal rights are granted.
Art. 5 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 6 Telecommunications service providers with registered office or permanent settlement in Switzerland
Telecommunications service providers with a registered office or permanent settlement in Switzerland must: a. comply with the employment regulations and guarantee the conditions of employment customary in the industry; b. offer an appropriate number of vocational education and training places for apprentices.
Art. 6 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 6a Blocking access to telecommunications services
Providers of telecommunications services must block the access to telephone and internet services for persons who have established a customer relationship that is not based on a subscription where these persons on establishing the customer relationship: a. have used the identity of a person who does not exist or who has not previously consented to establishing the customer relationship; or b. has failed to provide a document that meets the requirements imposed by the Federal Council under Article 23 paragraph 1 of the Federal Act of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic.
Art. 6a — Inserted by Annex No II 3 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). let. b — SR 780.1
Art. 7–10
Repealed by No I of the FA of 24 March 2006, with effect from 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 11 Granting of access by dominant providers
1 Providers of telecommunications services that have a dominant position in the market must provide access to other providers in a transparent and non-discriminatory manner at cost-oriented prices in the following forms to their facilities and services: a. fully unbundled access to the local loop in order to use the entire frequency spectrum of the twisted pair metallic line; b. and c. ... d. interconnection; e. leased lines; f. access to cable ducts, provided these have sufficient capacity. 2 They shall disclose the conditions and prices for their individual access services separately. 3 The Federal Council regulates the details. 4 Providers of telecommunications services shall provide OFCOM with a copy of their access agreement. Unless there is some overriding public or private interest not to do so, OFCOM shall allow agreements to be consulted. 5 There is no obligation to guarantee access in relation to the broadcasting of radio and television programme services.
Art. 11 — Amended by Art. 106 para. 2 of the FA of 24 March 2006 on Radio and Television, in force since 1 Apr. 2007 (AS 2007 737; BBl 2003 1569). Para. 1 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 1 let. a — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 1 let. bandc — Repealed by No I of the FA of 22 March 2019, with effect from 1 Jan. 2021 (AS 2020 6159; BBl 2017 655
Art. 11a Disputes regarding access
1 If providers of telecommunications services do not agree within three months on the access conditions, the Federal Communications Commission (ComCom) shall decide at the request of one party and based on the proposal made by OFCOM. It shall take particular account of the conditions which promote effective competition, as well as the effects of its decision on competing companies. It may accord interim legal protection. 2 If the question of dominance in the market must be assessed, OFCOM shall consult the Competition Commission. The latter may publish its position. 3 ComCom shall decide within seven months of receipt of the request. 4 It shall regulate the type and form of accounting and financial information which dominant providers of telecommunications services must submit in the procedure in accordance with para. 1.
Art. 11a — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 3 — Term in accordance with No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). This change has been made throughout the text.
Art. 11b Disputes arising from agreements and decisions regarding access
Disputes arising from agreements and decisions regarding access shall be judged by the civil courts.
Art. 11b — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 12 Bundling of services
1 Dominant providers of telecommunications services may bundle their services, provided they also offer the services included in the bundle individually. 2 Services need not be offered individually if they can only be offered in the bundle for technical, economic, quality or security reasons. 3 If a provider of telecommunications services bundles its own services with services of a third party undertaking which this provider controls or is controlled by, paragraphs 1 and 2 apply.
Art. 12 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 12a Obligations of transparency and to provide information
1 The telecommunications service providers must guarantee that their prices are transparent to their customers. 2 They shall inform the public concerning the quality of the telecommunications services that they provide. 3 The Federal Council shall specify the information that the providers must publish. 4 OFCOM may inform the public about the various telecommunications services offered by the providers.
Art. 12a — Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 12abis International roaming
1 The Federal Council may issue regulations on international roaming in order to avoid unreasonably high end customer tariffs, and may take measures to encourage competition. It may in particular: a. issue regulations on billing procedures; b. require mobile telephony providers to allow their customers to use the roaming services of third-party providers when abroad; c. fix price limits based on international agreements; d. require mobile telephony providers to offer bundled services including roaming services as well as options that allow the use of roaming services at fixed prices or reduced standard prices. 2 OFCOM shall conduct market monitoring procedures and analyse technical and price-related developments. In doing so, it shall rely in particular on the information obtained from providers under Article 59 paragraph 1 and shall work with the Price Supervisor.
Art. 12abis — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 12b Value-added services
To prevent abuses, the Federal Council shall regulate value-added services by taking the following measures in particular: a. fixing price limits; b. issuing regulations on the recognisability of value-added services; c. fixing the amounts above which a charge may only be made with the express consent of the users; d. subject to compliance with international obligations, requiring that providers of value-added services have their registered office or a permanent settlement in Switzerland.
Art. 12b — Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 12bbis Reasons for blocking a connection
If a customer disputes an invoice from their telecommunications service provider for services other than telecommunications services, the provider is not permitted for this reason to block access to telecommunications services nor to terminate the contract before the dispute is settled.
Art. 12bbis — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 12c Dispute resolution
1 OFCOM shall establish a dispute resolution service or shall entrust this to third parties. In the event of disputes between customers and providers of telecommunications services or value-added services, either party may invoke the service. 2 The party invoking the dispute resolution service shall pay a handling fee. The provider of telecommunications services or value-added services shall bear the costs of the procedure minus the handling fee. 3 The parties are not bound by the dispute resolution decision. 4 The Federal Council regulates the details.
Art. 12c — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 12d Public directories
1 Customers of telecommunications services shall have the option of having their details recorded in the public directories. They may within the limits set under paragraph 2 decide which directory data pertaining to them may be published. 2 The Federal Council may specify which data a directory entry must include as a minimum. It may regulate the details of publication and the use of the data.
Art. 12d — Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 12e Open internet
1 The providers of internet access shall transmit information without making any technical or commercial distinction between senders, recipients, content, services, service classes, protocols, applications, programmes or terminals. 2 They may transmit information by different methods if this is required in order to: a. comply with a statutory requirement or court decision; b. guarantee the integrity or security of the network, the services provided on this network or the terminals connected to it; c. comply with an express request from the customer; or d. overcome temporary and exceptional network congestion; in doing so, equivalent forms of data traffic shall be treated equally. 3 In addition to internet access, they may offer other services via the same connection which must be optimised for specific content, applications or services in order to meet the quality requirements of customers. These other services must not be usable or offered as a substitute for internet access services,
Art. 12e — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 13 Provision of information by OFCOM
1 Unless there is an overriding public or private interest in not doing so, OFCOM shall on request provide the name and address of the provider of telecommunications services or value-added services, and information on the services provided by it and any administrative or criminal prosecutions and penalties. 2 It may publish this information and make it accessible online if there is a public interest. 3 Only in the case of overriding public or private interest may it provide information on ongoing administrative or criminal prosecutions, publish that information or make it accessible online.
Art. 13 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 13a Data processing
1 The Commission and the Federal Office may process personal data, including data concerning administrative or criminal prosecutions and sanctions, provided that this is indispensable for the fulfilment of their tasks under the telecommunications legislation. They may use an information system for this purpose. 2 They shall take the technical and organisational measures necessary for data protection and security during processing, and in particular during transmission. 3 The Federal Council may issue complementary provisions, namely concerning the organisation and operation of the information system, the categories of the data to be processed, access and processing authorisations, the term of conservation as well as the archiving and destruction of data.
Art. 13a — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 — Amended by Annex 1 No II 68 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 13b Administrative assistance
1 ComCom and OFCOM shall provide to other Swiss authorities data which these authorities need in order to fulfil their legal duties. This data also includes sensitive data obtained in administrative or administrative criminal proceedings. The data shall be made accessible individually, in lists or on electronic media. 2 Subject to international agreements to the contrary, the Commission and the Federal Office may only transfer data to foreign surveillance authorities in the telecommunications sector, including sensitive personal data obtained in administrative or administrative criminal proceedings, if these authorities: a. use such data exclusively to conduct surveillance of telecommunications service providers or for purposes of market surveillance; b. are bound by official or professional secrecy; and c. forward this data to competent authorities and bodies which are entrusted with surveillance tasks in the public interest only with the prior consent of ComCom or OFCOM or on the bas
Art. 13b — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 — Second sentence amended by Annex 1 No II 68 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 2 — Amended by Annex 1 No II 68 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 4 — Amended by Annex 1 No II 68 of the Data Protection Act of 25 Sept. 2020, in for
Section 2 Universal Service Licence
Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 14 The licence
1 ComCom shall ensure that the universal service is guaranteed for all sections of the population in all parts of the country. To this end, it shall periodically grant one or more universal service licences. 2 The licence shall be tied to the condition that all or specific services of the universal service (Art. 16) are provided to all sectors of the population within the area covered by the licence. 3 An invitation to tender shall be issued for the granting of the licence. The procedure shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. The Federal Council regulates the details. The law on public procurement does not apply. 4 If it is clear in advance that the invitation to tender cannot proceed under conditions of competition, or if it does not produce any suitable candidates, ComCom may appoint one or more providers of telecommunications services to guarantee the universal service. 5 Licences are generally limited to the same te
Art. 14 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 3 — Fourth sentence inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 15 Conditions for granting the licence
Any person wishing to obtain a universal service licence must: a. have the necessary technical capacities; b. furnish convincing proof that the service can be offered, particularly with regard to finance, and the service operated for the entire duration of the licence, and state what financial compensation, in accordance with Article 19, will be required; c. undertake to comply with the applicable legislation, in particular this Act and its implementing provisions, and the licence conditions; d. undertake to comply with employment legislation and to guarantee the working conditions that are customary in the sector.
let. b — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). let. d — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 16 Scope of the universal service
1 The universal service licensee shall provide one or more of the following services to meet demand in the area covered by the licence, in accordance with the state of the art: a. a public telephone service, i.e. transmission of speech in real time by means of telecommunications techniques, including transmission of data employing transfer rates compatible with the channels for transmitting speech, as well as the connection and additional services; b. access to emergency call services; c. public pay telephones in sufficient numbers; d. access to the Swiss directories of subscribers to the public telephone service; the Federal Council may require a universal service licensee to maintain a directory of all customers of services of the universal service (general directory); e. … 1bis Services of the universal service must be ensured in such a way that persons with disabilities are offered comparable terms and conditions with respect to quality, quantity and prices as those without disabil
Art. 16 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 let. a — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 let. d — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 1 let. e — Repealed by Annex No 5 of
Art. 17 Quality and price
1 Services of the universal service must be of a certain quality throughout the country. The Federal Council shall decide the quality criteria. 2 The Federal Council shall endeavour to ensure that charges do not depend on distance. It shall periodically fix upper limits for the prices of the services of the universal service. These upper limits shall apply uniformly over the whole area and shall be determined by the development of the market.
Art. 18
Repealed by No I of the FA of 24 March 2006, with effect from 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 19 Financial compensation
1 If it is clear before the granting of the licence that, even with efficient management, it will not be possible to cover the costs of provision of the universal service in a given area, the licensee shall be entitled to financial compensation. 2 Any licensee in receipt of financial compensation must present all the information required for cost evaluation and cost control, in particular the accounting and finance information, to OFCOM each year. 3 The Federal Council regulates the details.
Art. 19 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 19a Transfer and amendment of the licence
1 The licence may only be wholly or partly transferred to a third party with ComCom’s approval. 2 Article 24e applies to the amendment of the licence.
Art. 19a — Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 19b Publication by OFCOM
Unless there is some overriding public or private interest not to do so, OFCOM shall publish the name and address of the licensee, the subject of the licence and the rights and obligations deriving from the licence.
Art. 19b — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Section 3 Obligations deriving from the Provision
Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 20 Emergency call service
1 The telephone service providers must offer a service that enables users to contact the appropriate emergency call centre in the event of danger to life and limb, health or property (emergency call service). 2 They must guarantee routing and location identification for emergency calls. The Federal Council may, after weighing-up the interests of public and the providers and taking account of technical developments and international harmonisation, specify exceptions and permit the use of the positioning functions of terminals even without the express consent of the user. 3 The Federal Council may extend the obligation provide the emergency service to other telecommunications services that are publicly accessible and widely used.
Art. 20 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 21 Collecting and providing directory data
1 The telephone service providers shall collect and update the directory data of their customers. In doing so, the following applies: a. The telephone service providers are not required to check the accuracy of the data. b. They must ensure that the data corresponds to the information provided by the customers. c. They may refuse to include information in the directory data that is obviously incorrect or that serves an unlawful purpose; they may remove such information from the directory data. 2 They shall allow other providers of telecommunications services or of services which are based on directory data to access the minimum content of the directory data pertaining to their customers; they shall make the data electronically accessible to them. 3 They shall grant access to the data in a transparent and non-discriminatory manner at prices based on the costs of providing the directory data. In doing so, they shall take account of international technical standards. In the event of any d
Art. 21 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 21a Interoperability
1 Telephone service providers must ensure that all users can communicate with each other (interoperability). 2 The Federal Council may extend the obligation under paragraph 1 to other telecommunications services that are publicly accessible and widely used. It may prescribe interfaces for access to the service in accordance with international standards. OFCOM shall issue the required technical and administrative regulations. 3 Providers required to guarantee interoperability must also offer interconnection even if they are not dominant in the market. Articles 11a paragraphs 1 and 3 and 11b apply by analogy to disputes regarding the conditions for interconnection. The Federal Council may impose further obligations on providers who are obliged to provide interoperability.
Art. 21a — Inserted by No I of the FA of 24 March 2006, in force since 1 April 2007 (AS 2007 921; BBl 2003 7951). Para. 1 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 2 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 3 — Second sentence amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 21b
Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Repealed by No I of the FA of 22 March 2019, with effect from 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).