Company Law, Statements & Positions

This is an automatic translation, which is why errors may occur

Summary
With the draft ordinances, the Federal Council intends to regulate management measures such as usage restrictions and bans, quota allocation and grid shutdowns in the event of a severe electricity shortage. Such an electricity shortage would cause enormous economic damage. Measures such as quota restrictions and grid shutdowns must be avoided at all costs in the interests of the economy and the population. The basis of almost all necessary services is based on functioning telecommunications. From the point of view of the economy, it is therefore imperative to exclude telecom network operators from the quota system.

 

The regulations stipulate that telecom network operators must also reduce power consumption accordingly during the quota phase. In an emergency, this would mean that parts of the mobile and fixed networks would effectively have to be shut down. In the report on the Confederation’s national risk analysis of November 2020, the failure of the mobile network is classified as the third greatest risk for the Swiss economy. Functioning telecommunications are the basis of almost all current services for the population and the economy: accessibility of blue-light organizations (emergency calls), food retail management (production, logistics, distribution), finance (banks), transport and traffic, as well as public safety, the army, civil defense, cantonal crisis teams, etc.

To ensure that these services for Swiss society continue to function without restriction for as long as possible during a power shortage, telecom network operators must not be subject to a quota obligation. Only in this way can the supply of vital services to the population and the economy be adequately guaranteed. Telecommunications must be guaranteed and functional during all escalation or contingency phases.

Telecom network operators have already taken many measures, such as resolutions on power-saving measures or launches of awareness campaigns, to reduce power consumption as much as possible. Unfortunately, these measures will not be sufficient to achieve the expected required reduction of electricity consumption in contingency phases. Therefore, there is a great risk that the telecom network operators would have to take measures that would severely affect the vital services for the population and the economy listed above. The path via the quota system, without excluding telecommunications from it, must therefore be rejected. It could cause the greatest economic damage and unacceptable risks to life and limb.

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