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Telecommunications Act
(TCA)

Art. 35 Use of land

1 Own­ers of land in pub­lic use (such as roads, foot­paths, squares, wa­ter­ways, lakes and banks and shorelines) are re­quired to al­low pro­viders of tele­com­mu­nic­a­tions ser­vices to use that land to in­stall and op­er­ate lines and pub­lic pay tele­phones, provided those in­stall­a­tions do not in­ter­fere with the pub­lic use of the land.124

2 Pro­viders of tele­com­mu­nic­a­tions ser­vices shall take ac­count of the pur­pose and the use to which the prop­erty in ques­tion is put and shall bear the cost of restor­ing it to its ori­gin­al state.125 They shall be re­quired to move their lines if the own­er of the prop­erty wishes to use it for a pur­pose that is in­com­pat­ible with their pres­ence.

3 The Fed­er­al Coun­cil shall reg­u­late the de­tails, in par­tic­u­lar the pro­viders’ duty of co-or­din­a­tion and the con­di­tions gov­ern­ing the re­lo­ca­tion of lines and pub­lic pay tele­phones.126

4 The au­thor­isa­tion pro­ced­ure shall be simple and rap­id. No com­pens­a­tion oth­er than an ad­min­is­trat­ive charge to cov­er costs may be levied for the use of the land, provided that it does not in­ter­fere with its pub­lic use.

124 Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).

125 Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).

126 Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951).