784.101.2FAVFederal Council OrdinanceJun 13, 2016Original source
In this Ordinance:
radio equipment means an electrical or electronic product that intentionally sends or receives information in the form of radio waves, or an electrical or electronic product that requires an accessory, such as an antenna, so as to be able to intentionally send or receive information in the form of radio waves;
line-connected equipment means any electrical or electronic products that are intended to transmit information by wire or that are used for this purpose;
telecommunications terminal equipment means any equipment that is intended to be connected directly or indirectly by any means to interfaces of telecommunications networks used wholly or in part to provide telecommunications services (Art. 3 let. b TCA);
interface:
1. means a termination point of a telecommunications network used wholly or partly for the provision of telecommunications services, i.e. a physical connection point by which users obtain access to such a network (telecommunications network interface used wholly or partly for the provision of telecommunications services), as well as its technical specifications, or
2. an interface specifying the radio path between radiocommunications equipment (air interface), as well as its technical specifications;
e. offering means any conduct aimed at making telecommunications installations available on the market whether by exhibition on premises or at events, display in advertising brochures, catalogues, electronic media or in any other way;
f. making available on the market means any supply of telecommunications installations for distribution, consumption or use on the Swiss market in return for payment or free of charge;
g. placing on the market means the first time that radio equipment is made available on the Swiss market;
h. putting into service means the initial installation and operation of a telecommunications installation, irrespective of whether the transmission or reception of information is performed successfully;
i. installation means making telecommunications installations ready for operation;
j. operation means the use of telecommunications installations irrespective of whether the transmission or reception of information is performed successfully;
k. interference means the effect on the reception of a radio system caused by undesirable energy as a result of emission, radiation or induction that is noticeable because of a deterioration in the transmission quality, distortion or loss of information that would have been available in the absence of this undesirable energy;
l. manufacturer means any natural person or legal entity that manufactures a telecommunications installation or has a telecommunications installation designed or manufactured, and markets that equipment under its name or trade mark;
m. authorised representative means any natural person or legal entity established in Switzerland that has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;
n. importer means any natural person or legal entity established in Switzerland that places a telecommunications installation from a third country on the Swiss market;
o. distributor means any natural person or legal entity in the supply chain, other than the manufacturer or the importer, who makes a telecommunications installation available on the market;
obis.1fulfilment-service provider means any natural person or legal entity that, in the course of a business activity, offers any two of the following services: warehousing, packaging, addressing and shipping of products, without being the owner of such products; not included are postal services under Article 2 letter a of the Postal Services Act of 17 December 20102and any other services involving the movement of goods;
p.3economic operator means anymanufacturer, authorised representative, importer, distributor, fulfilment service provider or any other natural person or legal entity that is subject to obligations connected with manufacturing products, making products available on the market or putting products into service;
pbis.4information society service provider means any natural person or legal entity that offers an information society service, i.e. any service normally provided for a consideration, at a distance, electronically and at the individual request of a recipient;
p. economic operators means the manufacturer, the authorised representative, the importer and the distributor;
q. conformity marking means a marking by which the manufacturer indicates that the telecommunications installation is in conformity with the essential requirements set out in Swiss legislation providing for its affixing.
The import of a telecommunications installation for the Swiss market is equivalent to placing it on the market.
Offering a telecommunications installation is equivalent to making it available on the market.
A component or a sub-assembly intended for integration by the user into a telecommunications installation and able to affect the conformity of the installation with the essential requirements of this Ordinance (Art. 7) is regarded as a telecommunications installation.
Telecommunications installation assembly kits are regarded as equivalent to telecommunications installations.
Occupying one or more frequencies to block or interfere with telecommunications or broadcasting is deemed equivalent to transmitting information.
The placing on the market of a second-hand, imported telecommunications installation is equivalent to the placing on the market of a new installation, provided no new, identical telecommunications installation is placed on the Swiss market.
An importer or a distributor is equivalent to a manufacturer if it:
places a telecommunications installation on the market under its name or its own trade mark; or
modifies an installation already placed on the market in such a way that compliance with this Ordinance may be affected.
The repair of a telecommunications installation is equivalent to its operation.
Footnotes
Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6213). ↩