The order applies only to Init7, however it could prejudice similar cases.
Most relevant is that Swisscom is considered dominant in the relevant market (access to their end customers). There is no other option foe content heavy networks to send traffic via paid peering (any ratio beyond 2:1 is expensive) or buying transit from DTAG, and it’s known that DTAG is paying kickback to Swisscom and others because they can enforce overpriced fees from content. That pattern is considered illegal, SC and DTAG formed a cartel according to Swiss law. I hope that ComCo (Wettbewerbskommission) will sanction it any day soon.
Since swiss operators are requested to register themselves at OFCOM, they become FDA (Fernmeldedienstanbieterin) and the FMG Fernmeldegesetz (Swiss telecom law) applies. Here are the rules: A Swiss FDA can start negotiating with Swisscom about zero settlement peering. If no consensus is reached within three months, the FDA can request an order at ComCom with reference to our case and documenting all the steps taken to achieve an agreement (emails, protocols etc.).
ComCom is supposed to rule within 7 months. The decision of ComCom can be appealed to the Federal A Court by either party. It’s not risk free and I suggest to get a lawyer with clue to avoid formal mistakes, in case there is no consensus possible with Swisscom.
It could have also a financial impact, as we lost the first attempt, we were asked to pay ~CHF 126’000 to cover the cost of the procedure. Since Swisscom has lost now, they have to pay ~CHF 170’000.
I assume that Swisscom is going to rework their peering policy and change it to a compliant version. I suggest to wait until the new version is out.
Thats a hypothetical question and is beyond the ruling of ComCom, I guess.