10 November 2000
The provisionally decreed unbundling of services would mean Swisscom having to cede access lines to its competitors for their exclusive use. After taking legal advice, Swisscom does not believe that the unbundled services are governed by the interconnection regime of the current Telecommunications Act (FMG). ComCom´s decree does not have the necessary legal basis for intervening in constitutional laws.
ComCom has based its provisional decision on a report by the monopolies commission from the beginning of 2000. In view of the dynamic of the telecommunications market, this decisional basis has already been superseded. Moreover, this report covers leased lines and not the services which are the subject of the decree.
Bern, 10 November 2000