Proposals for back-up power would ensure mobile communications during power outages, but similar rules are not overly common in major European countries
New obligations for back-up power in mobile
On 1 November 2023, Switzerland’s Federal Council launched a consultation on a draft amendment to the Ordinance on Telecommunications Services (OTS) to improve the availability of mobile services during power outages. The proposed revision outlines relevant types of power supply disruptions and specifies which telecoms services are to be provided in these situations, as well as where they should be available and for how long. The Federal Council considers it vital that mobile networks remain consistently operational to allow consumers and businesses to make emergency calls, use public telephone services and access the internet. It has therefore proposed that the country’s three operators (Salt, Sunrise and Swisscom) should install back-up power in central locations and at base stations to ensure mobile communications during power outages of up to 72 hours or rolling blackouts over 14 consecutive days. Each operator will also have to ensure that 99% of its customers in every commune in Switzerland can use its mobile network during power cuts.
Resilience would be increased in stages
Interested parties have until 16 February 2024 to submit feedback on the draft amendment to the OTS. Six months after it would come into force, operators would be required to submit an implementation plan and then provide annual progress reports. The new provisions would allow for a transition period, giving mobile operators five years to take the necessary steps to ensure the provision of emergency calls and a further three years for access to public telephone and internet services. However, operators may have to fund an audit if there are reasonable doubts as to whether they are complying with their new obligations.
Operators would have to bear the cost
The Federal Council states that operators are free to choose the means they use to achieve the goals set out in the OTS. They would also be solely responsible for funding the increased resilience of their mobile networks. A regulatory impact analysis estimates a total uplift in the three licensees' annual capital and operating costs of around CHF150m (£136m). The Federal Council also considers that the new requirements set out in the OTS should not apply to internet video (i.e. streaming) services – with the exception of videos in the public interest – as this could overload the networks.
Sweden already has similar requirements in place
Switzerland’s draft rules look to reflect the importance of mobile connectivity to individuals and the economy, as well as the uncertain nature of power disruptions; however, it is notable that similar obligations are not widespread among major European countries. This may be due to the fact that the EC’s European Electronic Communications Code (EECC) does not contain any relevant provisions for back-up power that would apply to all Member States. While no such requirements appear to exist in France, Germany, Italy or Spain, the PTS in Sweden has approved regulations aimed at ensuring operators’ networks and services achieve a basic level of reliability. By June 2020, mobile operators were required to ensure that their base stations were equipped with a source of reserve power that is independent of the main electricity grid.
