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In a decree issued on 30 January 2002, the Swiss Communications Commission (ComCom) announced its decision that, since "last mile" unbundling was not required by the current version of the Fernmeldegesetz (Telecommunications Act - FMG), it should reject a corresponding application for interconnection. In order to reach this conclusion, the Commission had to decide whether unbundling was part of the requirement for interconnection under the FMG and whether current legal provisions were sufficient to force Swisscom to unbundle its network. In a ruling of 3 October 2001 concerning leased lines, the...

On 1 January 2003, the Swiss Bundesrat (Council of Ministers) will, in partnership with the cantons, set up a national coordination body for the fight against cybercrime. The new body, with responsibility for monitoring the Internet, will constitute a single point of contact for its foreign counterparts. The fact that the Internet is so confusing often creates complex new problems when it comes to criminal prosecution, which in Switzerland is meant to be the responsibility of the cantons. International co-operation and national coordination must therefore be improved and extended. The new coordination...

On 28 December 2001 the Swiss Federal Council published new national legislation on cinematographic culture and production (Cinema Act - LCin). The wording of the Act is based on the Federal Council's Message published in September 2000, and takes into account the criticisms expressed by some of the parties concerned in the course of the consultation procedure (see IRIS 2001-1: 12). The total revision of the Cinema Act of 28 September 1962 has been on the national policy agenda for more than twenty years. A number of bills have been abandoned, but a new bill was finally submitted to the consultation...

In two of its decisions the Unfair Trading Commission has ruled on some fundamental questions concerning advertising using electronic media. In an administrative decision dated 21 November 2001 the Commission declared spamming not to be legitimate where messages are sent without proof of an existing customer relationship. It stated that such spamming, i.e. the unsolicited sending of advertising e-mails when a customer relationship does not exist, represents an inadmissible `aggressive marketing technique' as understood in no. 4 (4) of the Principles of the Commission, and so is not legitimate in...

The Swiss government is taking technical and sociological developments into account by extending the universal service. From 1 January 2003, all Swiss residents will be entitled to a digital connection as well as an analogue terminal as part of the universal service. The Bundesrat (Federal Council) has fixed a maximum price for the use of a digital connection. The upper price limits for national telephone calls have been reduced in view of recent price developments. The price of an analogue connection remains unchanged. The minimum quantity and features of public telephones (Publifone) have been...