Interconnection Conditions between Swisscom Fixnet AG and TDC Switzerland AG

Facts

Swisscom Fixnet AG and TDC Switzerland AG are two telecommunications providers in Switzerland. TDC Switzerland AG applied to the Federal Communications Commission (ComCom) to determine the conditions for certain interconnection services in relation to Swisscom AG. The ComCom granted the application and obliged Swisscom AG to offer certain interconnection services at fixed prices. Both Swisscom AG and TDC Switzerland AG appealed against this ruling to the Federal Court.

The Federal Court combined the two appeal proceedings and partially overturned the ComCom's ruling. It referred the matter back to the ComCom to re-evaluate the interconnection conditions. The ComCom supplemented the proceedings and made a new ruling, against which both parties again lodged an appeal.

Considerations

2. Legal Basis

The interconnection obligation is based on Art. 11 para. 1 of the Telecommunications Act (TCA). The ComCom has the authority to determine the interconnection conditions if the parties cannot agree. The interconnection prices must be cost-oriented and comply with the principles of transparency and non-discrimination.

3. ComCom's Discretionary Power

The ComCom has discretionary power when determining the interconnection conditions. It must set the interconnection prices based on market and industry-standard comparative values if the dominant provider cannot prove the cost-orientation of its prices.

4. Procedural Requirements

The ComCom must hear the parties and give them the opportunity to comment. It must also establish the facts and apply the legal norms. The ComCom has implemented the Federal Court's procedural requirements and taken the necessary procedural steps.

5. Interconnection Prices

The ComCom has set the interconnection prices based on plausibility tables and comparative values. The prices must be cost-oriented and comply with the…