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. 28 Management of addressing resources
1 OFCOM shall manage the addressing resources that must be managed at national level. It shall ensure that sufficient addressing resources are available; in doing so it shall take account of technical developments and international harmonisation. 2 The Federal Council shall specify which addressing resources OFCOM must manage. 3 It may prescribe a mandatory alternative dispute resolution procedure between the holders of addressing resources and third parties. It shall regulate the procedure, its consequences and its effects on the procedure under civil law, particularly the suspension of the period of limitation and the burden of proof. The right of holders of addressing resources and third parties to bring civil actions is reserved. 4 No one has the right to a specific addressing resource. The Federal Council may permit exceptions. 5 Providers of telecommunications services shall ensure number portability. 6 The Federal Council shall issue regulations on the management of addressing r
Art. 28 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 28a Delegation of the management of addressing resources to third parties
1 OFCOM may in special cases delegate the management of certain addressing resources to third parties. 2 It shall select the third parties based on a tender or invitation procedure. If there is good cause, it shall appoint them directly. 3 If the tender or invitation procedure does not result in any suitable applications or if the delegated parties can no longer fulfil their obligations, OFCOM may require third parties to carry out the task. These third parties may charge prices for their activities that cover the relevant costs and allow an appropriate profit to be made. 4 Article 24 applies by analogy to the selection process.
Art. 28a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 28b Internet domains
This Act applies to the following internet domains: a. the country-specific domain «.ch» and, insofar as the management of the domain is the responsibility of the Confederation, all other internet domains that designate Switzerland alphanumerically, including transpositions in other alphabets or graphical systems; b. generic domains, if Swiss public corporations are responsible for their management; c. generic domains, if persons resident or with registered office in Switzerland are responsible for their management; d. generic domains which, because of their name, are of particular political, cultural, geographical or religious significance for Switzerland.
Art. 28b — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 28c Management of internet domains: Responsibility
1 OFCOM shall manage internet domains if the Confederation is responsible for their management. 2 It may provide commercial services to third parties provided this is necessary for managing domain names and the requirements of Article 41a paragraphs 2 and 3 of the Financial Budget Act of 7 October 2005 are met.
Art. 28c — 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 — SR 611.0
Art. 28d Management of internet domains: Principles
The management of internet domains and their subordinate domain names is governed by the following principles: a. The security and availability of the infrastructure and the services required for the domain name system to function are guaranteed. b. The internet domains are managed in a transparent and non-discriminatory manner if they are the responsibility of public corporations. c. The proprietors of and applicants for domain names are protected from the misuse of their personal data.
Art. 28d — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 28e Management of internet domains: Modalities
The Federal Council shall regulate the modalities for managing internet domains and their subordinate domain names; in doing so, it shall take account of the rules applied internationally. It may in particular: a. lay down the conditions for the allocation, use, blocking, transfer and withdrawal of domain names that are subordinate to the domains that are the responsibility of the Confederation; b. regulate the processing of personal data in connection with domains that fall within the scope of this Act, including the provision of a publicly accessible database that guarantees everyone access to information about the proprietors of domain names; c. provide for measures that prevent the unlawful use of domain names or the use of domain names that is contrary to public order, and regulate cooperation with specialised private or public bodies in this sector; d. determine the institutional, functional and operational organisation of the domains that are the responsibility of the Confederat
Art. 28e — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 29 Obligation to provide information
Any holder of addressing resources shall be required to provide the competent authority with the information it needs to manage the addressing resources that have been assigned.
Art. 30 Exclusion of compensation
Modification by the authorities of numbering plans or regulations for the management of addressing resources shall not constitute grounds for any claim for compensation.
Art. 30 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 30a Data processing and administrative assistance
Articles 13a and 13b on data processing and administrative assistance apply.
Art. 30a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).