ComCom shall ensure that the universal service is guaranteed for all sections of the population in all parts of the country. To this end, it shall periodically grant one or more universal service licences.
The licence shall be tied to the condition that all or specific services of the universal service (Art. 16) are provided to all sectors of the population within the area covered by the licence.
An invitation to tender shall be issued for the granting of the licence. The procedure shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. The Federal Council regulates the details. The law on public procurement does not apply.1
If it is clear in advance that the invitation to tender cannot proceed under conditions of competition, or if it does not produce any suitable candidates, ComCom may appoint one or more providers of telecommunications services to guarantee the universal service.
Licences are generally limited to the same term.
Footnotes
Fourth sentence inserted by No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159;BBl 2017 6559). ↩
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