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. 38 Fee for financing the universal service
1 OFCOM shall collect from providers of telecommunications services a fee, the revenue from which shall be used exclusively to finance the uncovered costs of the universal service in accordance with Article 16 and the costs for the administration of the financing mechanism. 2 The total amount of the fees must cover the costs listed in paragraph 1; the fee shall be fixed in proportion to the turnover of the telecommunications services provided. 3 The Federal Council may exempt from the fee those providers whose turnover from the telecommunications services provided is below a defined amount. 4 It shall regulate the detailed rules for provision of the information which is required for the apportionment and monitoring of the costs listed in paragraph 1.
Art. 38 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 39 Licence fees for radiocommunications
1 The licensing authority shall charge a fee for radiocommunications licences. No fee shall be charged for radiocommunications licences intended for broadcasting licensed radio or television programme services in accordance with the RTVA. 2 The amount of the fees shall be calculated on the basis of: a. the frequency range allocated, the class of frequency and the value of the frequencies; b. the bandwidth allocated; c. the territorial scope; and d. the temporal scope. 3 If a frequency may also be used to broadcast both licensed radio or television programme services and to transmit other radio and television programme services and information, the latter is subject to a licence fee proportional to usage. 3bis In order to facilitate the introduction of new broadcasting technologies in terms of Article 58 RTVA, or to safeguard the diversity of programming in areas inadequately covered by wireless terrestrial services, the Federal Council may reduce the licence fee for broadcasting radio
Art. 39 — 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 — SR 784.40 Para. 1 — Amended by Annex No 4 of the FA of 26 Sept. 2014, in force since 1 Dec. 2017 (AS 2016 2131, 2017 5929; BBl 2013 4975). Para. 3 — Amended by Annex No 4 of the FA of 26 Sept. 2014, in force since 1 Dec. 2017 (AS 2016 2131, 2017 5929; BBl 2013 4975). Para. 3bis — Inserted by Annex No 4 of the FA of 26 Sept. 2014, in force since
Art. 39a Funding of accompanying measures
The Federal Council may use part of the proceeds from licence fees under Article 39 for accompanying measures such as research and surveys in connection with radio-based technologies.
Art. 39a — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 40 Administrative charges
1 The competent authority shall make an administrative charge for its decisions and services to cover its expenses, in particular in connection with: a. the surveillance of providers of telecommunications services; b. the decisions concerning access, provision of directory data, interoperability and the joint use of installations; c. the resolution of disputes between customers and providers of telecommunications services or value-added services; d. the granting, amendment and cancellation of universal service licences and radiocommunications licences, surveillance thereof and registration for the use of frequencies; e. the management and technical monitoring of the frequency spectrum and satellite orbital positions; f. the management, assignment and revocation of addressing resources; g. the registration and surveillance of telecommunications installations. 1bis No administrative fees in terms of paragraph 1 letters d and e shall be charged for radiocommunications licences issued to t
Art. 40 — 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 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 No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 1 let. d — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 655
Art. 41 Fixing and collection of fees
The Federal Council shall regulate the detailed arrangements for the collection of fees and the financing of the universal service and fix the amount of the fees for radiocommunications licences and the administrative charges.
Art. 41 — Amended by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 42 Guarantees
The authority responsible for collecting the fees may require the person responsible for paying them to provide appropriate guarantees.