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.
Art. 22 Use of the radiocommunications frequency spectrum
1 The radiocommunications frequency spectrum may be freely used subject to compliance with the regulations on use. 2 The Federal Council may provide that the use of certain frequencies is only permitted: a. with a licence from OFCOM or, in the cases under Article 22a, ComCom; b. after giving notice to OFCOM; c. with a proficiency certificate. 3 It shall impose restrictions under paragraph 2 solely: a. to avoid radio interference; b. to guarantee the technical quality of telecommunications services and other radio applications; c. to guarantee efficient use of the radiocommunications frequency spectrum; or d. in cases in which other legislation or international treaties provide that the frequency spectrum may only be used with the approval of the responsible authority. 4 In the case of frequency bands the allocation of which is the responsibility of the armed forces or civil defence in accordance with the national frequency allocation plan, the Federal Council shall not impose any restr
Art. 22 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 22a Radio communications licences for the provision of telecommunications services
1 ComCom shall issue the licences for using the radiocommunications frequency spectrum required to provide telecommunications services. 2 If it is anticipated that there will be a shortage of frequencies, it shall normally conduct a public tendering process. 3 It may delegate to OFCOM the power to grant radio communications licences for which no shortage of frequencies under paragraph 2 exists or is anticipated in specific cases or in general for entire frequency bands. 4 The Federal Council shall regulate the principles for granting radio communications licences that are wholly or partly intended for the broadcasting of radio and television programme services.
Art. 22a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 23 Conditions for granting the licence
1 Any person wishing to obtain a radiocommunications licence must: a. have the necessary technical capacities and, insofar as required for using the relevant frequencies (Art. 22 para. 2 let. c), hold the relevant proficiency certificate; b. undertake to comply with the applicable legislation, in particular this Act, the RTVA, their implementing provisions, and the licence conditions. 2 Subject to any international obligations to the contrary, the licensing authority may refuse to grant a licence to undertakings incorporated under foreign law unless reciprocal rights are granted. 3 A licence shall be granted only if, having regard to the national frequency allocation plan, enough frequencies are available. 4 The granting of a radiocommunications licence must not eliminate or constitute a serious obstacle to effective competition unless an exception can be justified on grounds of economic efficiency. Where the issue of the elimination or serious restriction of effective competition must
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. b — Amended by Annex No II 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 let. b — SR 784.40 Para. 4 — 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. 24 Procedure for granting the licence
1 The Federal Council shall regulate the procedure for granting radio communications licences. It shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. All information provided by applicants shall be treated as confidential. 2 The public law on public procurement does not apply. 3 For the first-instance procedure concerning the public tendering process and for the appeals procedure, in particular with regard to evaluation of the submissions and in order to guarantee commercial secrecy, the Federal Council may deviate from the following provisions of the Federal Act of 20 December 1968 on Administrative Procedure (APA): a. determination of the circumstances (Art. 12 APA); b. co-operation of the parties (Art. 13 APA); c. inspection of documents (Art. 26-28 APA); d. right to a hearing (Art. 30 and 31 APA); e. notification and justification of decisions (Art. 34 and 35 APA). 4 In the procedure concerning the public tendering process, inte
Art. 24 — 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 — SR 172.021
Art. 24a
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).
Art. 24b Special licensing regulations
If no licensing regulations exist for specific circumstances requiring a licence, the licensing authority shall define these on a case-by-case basis.
Art. 24b — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 24c Term of the licence
The licence is granted for a specific period of time. The licensing authority shall determine the term according to the type and importance of the licence.
Art. 24c — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 24d Transfer of licences and cooperation between licensees
1 Licences are wholly or partly transferable. 2 Transfers are only permitted with prior consent of the licensing authority. Consent may only be refused if: a. the licence requirements under Article 23 are not complied with; or b. the efficient use of frequencies free from interference is not guaranteed. 3 The licensing authority may permit exceptions from the requirement of consent for individual frequency bands if it is anticipated that the efficient use of frequencies free from interference will be guaranteed and if effective competition is neither eliminated nor seriously restricted. Advance notice must be given to the licensing authority of transfers that do not require consent. 4 If the licence has been granted by ComCom, paragraph 2 applies by analogy to the economic transfer of the licence. An economic transfer occurs when a company has taken over control of the licensee in accordance with the law on cartels. 5 Where holders of licences granted by ComCom make joint use of compon
Art. 24d — 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. 24e Amendment and revocation of the licence
1 The licensing authority may amend or revoke the licence due to changes in actual or legal conditions if the amendment or revocation is necessary to guarantee important public interests. 2 The licensee shall be appropriately compensated if the transferred rights are revoked or substantially reduced.
Art. 24e — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 24f Provision of information by OFCOM
1 Provided there are no overriding public or private interests, OFCOM shall provide the name and address of the licensee, and information on the subject of the licence, the rights and obligations attached to the licence, the frequency assignments and the transmitter locations. 2 It may publish this information and make it accessible online if there is a public interest.
Art. 24f — 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).
Art. 25 Management of frequencies
1 OFCOM shall manage the frequency spectrum and the Swiss utilisation rights and orbital positions of satellites in accordance with the relevant international agreements. It shall take appropriate measures to ensure that these resources are used efficiently and without interference and to provide equitable access to them on the basis of the national frequency allocation plan. 1bis It shall issue the national frequency allocation plan. In doing so, it shall take appropriate account of the frequency requirements for armed forces and civil protection operations; it shall work with the responsible armed forces office. 2 The national frequency allocation plan is subject to approval by the Federal Council. 3 In the event of a mobilisation of troops, the Federal Council may allocate the armed forces additional free or already licensed frequencies for the duration of operations.
Para. 1bis — Inserted 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 Annex No II 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. 3 — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 26 Technical monitoring
1 OFCOM shall monitor the frequency spectrum for planning and surveillance purposes. 2 It shall carry out these checks alone or in co-operation with other authorities. The Federal Council shall fix the detailed rules for such co-operation. 3 OFCOM may intercept or record radiocommunications traffic if this is necessary to ensure that telecommunications and broadcasting are free from interference and if other measures have proved ineffective or entail unreasonable expenditure. 4 Any data that is recorded may be used only to determine the cause of the interference or identify the person or persons responsible for it. 5 If there is reason to suspect that an offence has been committed that is punishable under this Act, any recordings that may constitute evidence shall be passed to the competent authority. Any other recording must be destroyed immediately.
Art. 27 Processing of data and administrative assistance
Articles 13a and 13b concerning processing of data and administrative assistance shall apply.
Art. 27 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).