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. 31 Import, offering, making available on the market and putting into service
1 The Federal Council may adopt technical regulations on the import, offering, making available on the market and putting into service of telecommunications installations, in particular in respect of basic technical requirements with regard to telecommunications, evaluation of conformity, certification of conformity, declaration of conformity, markings, registration and the obligation to provide proof (Art. 3 of the Federal Act of 6 October 1995 on Technical Barriers to Trade). 2 If the Federal Council has laid down basic technical requirements with regard to telecommunications within the meaning of paragraph 1, OFCOM shall generally, in order to concretise them: a. designate technical standards, compliance with which shall be deemed to constitute fulfilment of the basic requirements; or b. declare technical standards, European Union legal instruments or other rules binding. 3 In implementing paragraph 2, OFCOM shall take the relevant international standards into account; any derogatio
Art. 31 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Art. 31 — 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 — SR 946.51 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. 2 let. b — Amended by No I
Art. 32 Installation and operation
A telecommunications installation may only be installed and operated if it complied with the regulations in force when it was first made available on the market, installed or put into service and if it has been kept in that state. The Federal Council may define exceptions.
Second sentence inserted by virtue of No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 32a Telecommunications installations to guarantee public safety
The Federal Council shall regulate the import, offering, making available on the market, putting into service, installation and operation of telecommunications installations which must be used by authorities in the interest of public safety.
Art. 32a — 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. 32b Prohibition of installations and devices that cause interference
1 It is prohibited to manufacture, import, offer, make available on the market, possess, put into service, install or operate telecommunications installations and other devices that are intended to interfere with or prevent telecommunications or broadcasting. 2 Article 32a is reserved.
Art. 32b — Amended by Annex No 4 of the FA of 16 June 2017, in force since 1 Jan. 2018 (AS 2017 5607; BBl 2016 7133).
Art. 33 Surveillance
1 In order to check compliance with the regulations on the import, offering, making available on the market, putting into service, installation and operation of telecommunications installations, OFCOM shall have access during normal working hours to the premises where such installations are located. 2 The Federal Council shall regulate the right of access to telecommunications installations that are subject to military secrecy regulations. 3 If a telecommunications installation fails to comply with the regulations, OFCOM shall take the necessary measures. It may, in particular, restrict or prohibit the installation, operation, import, offering and making available on the market of such an installation, order it to be restored to a state that complies with the regulations or returned, or confiscate it without compensation. 4 OFCOM may publish the information on measures under paragraph 3 and make it accessible online if there is a public interest in doing so. 5 It may provide, publish o
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 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 4 — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 5 — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 6 — Inserted by No I of the FA of 22 March 2
Art. 34 Interference
1 If a telecommunications installation causes interference to telecommunications or broadcasting, OFCOM may require the operator to modify it at his own expense or to suspend operation of the installation, even if it complies with the regulations on the import, offering, making available on the market, putting into service, installation and operation applicable to it. 1bis If telecommunications installations disrupt or may disrupt the use of frequency spectrums that require increased protection, the Office may restrict or forbid the offering and making available on the market of such installations, even if they comply with the regulations concerning their offering and making available on the market. 1ter The Federal Council shall regulate the conditions under which the following authorities may for the following purposes install, put into service or operate a telecommunications installation which causes interference: a. the police and the law enforcement authorities, in order to guaran
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. 1bis — Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Amended by Annex No 2 of the FA of 12 June 2009, in force since 1 July 2010 (AS 2010 2617; BBl 2008 7275) Para. 1ter let. b — Inserted by No I of the FA of 24 March 2006 (AS 2007 921; BBl 2003 7951). Amended by Annex No II 13 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 20
Art. 34a Processing of data and administrative assistance
Articles 13a and 13b concerning processing of data and administrative assistance shall apply to Articles 31–34.
Art. 34a — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 35 Use of land
1 Owners of land in public use (such as roads, footpaths, squares, waterways, lakes and banks and shorelines) are required to allow providers of telecommunications services to use that land to install and operate lines and public pay telephones, provided those installations do not interfere with the public use of the land. 2 Providers of telecommunications services shall take account of the purpose and the use to which the property in question is put and shall bear the cost of restoring it to its original state. They shall be required to move their lines if the owner of the property wishes to use it for a purpose that is incompatible with their presence. 3 The Federal Council shall regulate the details, in particular the providers’ duty of co-ordination and the conditions governing the relocation of lines and public pay telephones. 4 The authorisation procedure shall be simple and rapid. No compensation other than an administrative charge to cover costs may be levied for the use of the
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. 2 — 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 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 35a Other connections
1 Building owners and must tolerate, insofar as it is reasonable, additional connections to dwellings or business premises other than the connection of their choice, if a telecommunications service provider so requests and pays the costs thereof. 2 Connection of buildings in accordance with the cantonal development stipulations is reserved. 3 No charge for utilisation shall be levied if: a. the tenant directly forgoes use of a new connection; b. the connection contract is cancelled; the telecommunications service provider or the lessor shall allow a reasonable cancellation period. 4 The telecommunications service provider or the lessor may place under seal and verify unused connections. No costs may be charged for sealing and removing seals.
Art. 35a — Inserted 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 — 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 let. b — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 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. 35b Access to the building entry point and joint use of installations within buildings
1 Every telecommunications service provider shall have a right of access to the building entry point and of joint use of the installations within the building intended for telecommunications transmission provided this is technically justifiable and there is no other good cause for refusal. 2 Building owners and telecommunications service providers must allow the joint use of the installations within the building in a transparent and non-discriminatory manner. 3 Building owners and shall make the required information on the installations within the building available to the providers on request. 4 Providers who have financed an installation must be compensated appropriately. 5 If requested to do so, ComCom shall rule on disputes between telecommunications service providers relating to access to the building entry point or the conditions for joint use. Article 11b applies by analogy.
Art. 35b — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 36 Right of compulsory purchase and joint use
1 If the establishment of a telecommunications installation is in the public interest, DETEC may grant the right of compulsory purchase. The procedure shall be conducted in accordance with the Federal Act of 20 June 1930 on Compulsory Purchase. 2 OFCOM may on application, for reasons of public interest, in particular to take account of technical problems or the planning needs or protection of the countryside, national heritage, the environment, nature or animals, require providers of telecommunications services to accord to a third party, in return for appropriate compensation, the right to make joint use of its telecommunications installations and other installations, such as cable ducts and transmitter locations, if they have sufficient capacity. 3 Under the same conditions, OFCOM may require providers of telecommunications services to co-install and joint use of telecommunications installations and other installations, such as cable ducts and transmitter locations.
Para. 1 — Name 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. Para. 1 — SR 711 Para. 2 — 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 — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 36a Protection of existing lines
Lines owned by telecommunications service providers that are in existence when the Amendment of 22 March 2019 comes into force and are located in sewers which were constructed for the purpose of spatial planning development may only be removed from the sewers for good cause. Providers of telecommunications services shall, where possible, be offered alternative ducts for their lines.
Art. 36a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 37 Ownership of lines
1 Lines for the transmission of information by means of telecommunications techniques and cable ducts shall be the property of the providers of telecommunications services who have installed them or acquired them from third parties. 2 Any owner of land who wilfully or through gross negligence damages a telecommunications service provider’s line or cable duct on his property shall be liable for the damage.
Art. 37 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 37a Amateur radio
1 The authorities may provide a simplified licensing procedure for simple wire and rod antennas and for antennas on light masts with a similar appearance to flagpoles. 2 The maintenance of an antenna or its replacement with an antenna of a similar size does not require authorisation.
Art. 37a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).