Commentaries: Art. 51

At the request of a TSP, the PTSS shall declare it to be a TSP with reduced surveillance duties (Art. 26 para. 6 SPTA) if it:
1. only offers its telecommunications services in the field of education and research; or
2. meets neither of the following criteria:
1. surveillance assignments for 10 different surveillance targets in the past 12 months (effective date: 30 June), 2. annual turnover in Switzerland from telecommunications services and derived communications services of CHF 100 million in two successive financial years.
Article 22 paragraph 2 applies to the calculation of the values specified in paragraph 1 letter b.
TSPs with reduced surveillance duties are required to give written notice to the PTSS with supporting documents if they:
1. no longer offer their services exclusively in the field of education and research; or
2. achieve the value specified in paragraph 1 letter b number 2 for a second successive financial year; notice must be given within three months of the end of the financial year.
The PTSS may rely on data obtained in implementing the legislation relating to the surveillance of post and telecommunications or by other authorities in implementing federal law.
A provider that is declared to have more extensive duties to provide information must ensure that it can store the data required for providing information and provide the information within 2 months and 12 months of the declaration respectively.