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. 58 Surveillance
1 OFCOM shall ensure that international telecommunications law, this Act, its implementing provisions, and licences are complied with. It may assign certain surveillance tasks to organisations incorporated under private law and co-operate with such organisations. 2 If OFCOM detects an infringement of the law, it may: a. call on the legal or natural person responsible for the infringement to remedy the infringement or take measures to prevent any repetition of it; the person responsible for the infringement must inform OFCOM of the measures it has taken; b. require the legal or natural person responsible for the infringement to surrender to the Confederation any revenue generated during the infringement; c. make the licence subject to conditions; d. restrict, suspend, revoke or withdraw the licence or restrict, suspend or totally forbid the activity of the legal or natural person responsible for the infringement; e. withdraw the proficiency certificate from the holder or make it subject
Art. 58 — 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 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). Para. 2 let. e — Inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 59 Obligation to disclose information
1 The persons subject to this Act shall be obliged to provide the competent authority with the information required to implement and evaluate this Act. 2 They must provide OFCOM regularly with the necessary information to produce official telecommunications statistics. 2bis Data collected or submitted for statistical purposes may be used for other purposes only if: a. a federal act explicitly allows this; b. the person concerned consents in writing; c. this serves the evaluation of telecommunications legislation; or d. this serves as a basis for necessary regulatory decisions. 2ter OFCOM may publish market shares. 3 The Federal Council shall regulate the details.
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. 2bis let. d — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). Para. 2ter — Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 60 Administrative penalties
1 If an enterprise infringes the applicable law, the licence or a decision having force of law, it may be required to pay an amount up to 10 percent of the amount of its average turnover in Switzerland in the last three financial years. 2 Cases of failure to comply shall be investigated by OFCOM. It shall judge the cases which do not lie within the competency of ComCom in accordance with Article 58 paragraph 4. 3 When assessing the penalty, the competent authority shall take account in particular of the gravity of the infringement and the enterprise’s financial situation.
Art. 60 — Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).
Art. 61
Repealed by Annex No 86 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).