SWITZERLAND: TELECOMMUNICATIONS FACILITIES ORDER (OIT) The following notification is being circulated in accordance with Article 10.6. G/TBT/Notif.97.391. 1. Member to Agreement notifying: SWITZERLAND. If applicable, name of local government involved (Articles 3.2 and 7.2). 2. Agency responsible: Federal Office for Communications. Agency or authority designated to handle comments regarding the notification can be indicated if different from above. 3. Notified under Article 2.9.2. 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Telecommunications facilities: wire and radio communication facilities, including terminal equipment within the meaning of directive 91/263/EEC of 29 April 1991 on the approximation of laws of member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (OJ No. L 128/1 of 23 May 1991). 5. Title, number of pages and language(s) of the notified document: Telecommunications Facilities Order (OIT). 6. Description of content: Following general provisions (scope and definition), the OIT deals briefly with the installation and operation of telecommunications facilities. The following provisions, which are the OIT's main objective, relate to the supply, marketing and putting into service of telecommunications facilities. The OIT provides that only telecommunications facilities that comply with the essential requirements laid down in Directive 91/263/EEC can be supplied, marketed or put into service. The Federal Office for Communications has defined these essential requirements in two possible ways: either the Office sets technical standards which, if respected, make it possible to assume that the essential requirements are met, or it makes certain technical standards mandatory (the so-called ``new approach'' system). There are several conformity assessment procedures: approval, internal manufacturing controls, type examination, conformity to type, production quality assurance and full quality assurance. For some telecommunications facilities, there is a large choice of procedures, but for others, the choice is limited. Approval is always a chosen procedure. The regulations on descriptions, the control of telecommunications facilities and the final provisions are given below. 7. Objective and rationale: The replacement of the current Order on User Facilities (OIU) by the OIT became necessary following the comprehensive review on 30 April 1997 of the Telecommunications Law of 21 January 1991. As the security of users, third party uses, rational use of the frequency spectrum, and communications facilities capacity, in particular, must be assured, the relevant regulations were necessary. These have, however, been adapted to the regulations in force in the European Union with a view to facilitating the marketing of telecommunications facilities, in particular by relaxing the supply and marketing conditions. 8. Relevant documents: (a) Telecommunications Law of 30 April 1997 (LTC, RS 784.10): Articles 11.2, 31.1 and 31.2, 33.2, 62, and 64.2; (b) Radio and Television Law of 21 June 1991 (LRTV, RS 784.40): Article 51. 9. Proposed date of adoption: 1 January 1998; Proposed date of entry into force: 1 January 1998. 10. Final date for comments: 17 October 1997. 11. Text available from: National enquiry point. (0239)

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