Change The Communications Parameters, Fees And Value-Added Services Ordinance 2009 (Kem-V 2009)

Original Language Title: Änderung der Kommunikationsparameter-, Entgelt- und Mehrwertdiensteverordnung 2009 (KEM-V 2009)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995461/nderung-der-kommunikationsparameter-%252c-entgelt--und-mehrwertdiensteverordnung-2009-%2528kem-v-2009%2529.html

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107. Regulation of Rundfunk und Telekom Regulierungs-GmbH, with the communications parameters, fees and value-added Services Ordinance 2009 (KEM-V 2009) is amended

On the basis of § 24 para 1 and para. 2 and 63 of the Federal law, a telecommunications law is adopted with the (Telecommunications Act 2003 - TKG 2003), Federal Law Gazette I no. 70/2003 as amended by Federal Law Gazette I no. 96/2013, is prescribed:

The regulation of Rundfunk und Telekom Regulierungs-GmbH, with the provisions for communications parameters, fees and value-added services are set (communications parameters, fees and value-added Services Ordinance 2009 - KEM-V 2009), Federal Law Gazette II No. 212/2009 idF BGBl. II no 344/2013, is amended as follows:

1 paragraph 3 No. 21:



"21 'Use a number': the availability of the target addressed with the phone number in public communication networks or services and in addition in the case of Routingnummern the use of the operator code as the source operator code;"

2 be added after paragraph 3 following paragraph 4 and 5 in section 63:

"(4) the licence holder has to make sure that is the address of bodies referred to in section 60 by means of mobile phone numbers within the framework of the national interconnection only together with the Routingnummern laid down in article 93, paragraph 2.

(5) the addressing of bodies referred to in article 60 can be by way of derogation from paragraph 4 If the following criteria are met:



1. a fair and functioning competition is ensured;

2. no distortions or restrictions of competition arise;

3. the efficient use and management of numbering resources is ensured;

4. it is guaranteed non-discriminatory behaviour of operators of services as regards the number sequences used to give access to their services;

5. it is ensured that operators of communication networks and services under similar circumstances experienced no discrimination in the treatment;

6. the numbers transmission pursuant to § 23 TKG 2003 is not restricted or prevented."

3. in paragraph 92, the phrase is replaced '94 and 95"by the phrase"96 and 97".

4. paragraph 93 par. 2:

"(2) national Routingnummern in 96 and 97 consist of the two-digit area code 96 or 97 and a two-digit operator number, followed by"



"1. a double-digit source operators measure within the meaning of § 95 paragraph 11 and 2 allocated national phone number including any digits."

5. the article 93 is added after paragraph 2, the following paragraph 2a:

"(2a) for non-call-related traffic numbers structure referred to in paragraph 2 but must contain no operators source code."

6 paragraph 94 paragraph 2:

"(2) communications network operators, on which the numbers transmission regulation 2012 (Nummernübertragungsverordnung 2012), Federal Law Gazette No. 48/2012, apply II, allot up to two operators key figures in the field of 86 for national Routingnummern for this use."

7 paragraph 94 paragraph 3:

"(3) communications network operators who plan to offer services to third parties in connection with the mobile number portability, to allocate up to two operators key figures in the field of 87 for national Routingnummern for this use which include the direct termination of traffic to ported mobile phone numbers are."

8 be added after paragraph 3 following paragraph 3a, 3B and 3 c the section 94:

"(3a) communication network operators are to allocate for the purpose of the national interconnection of operators key figures in 96 and 97 for national Routingnummern.

maximum based on an operator code in 96 and 97 is for this use at the request of (3B) communications network operators, which turn on fixed telecommunications terminal equipment in their networks or realize services, allot. Communication network providers that connect mobile telecommunications terminal equipment in their networks, is for this use at the request of maximum per an operator code in 96 and 97 to allocate, which differs from a possible operator code after the first set.

(3C) RTR-GmbH shall not assign identical operator key figures behind 96 and 97 only to the same applicant. "

9 paragraph 6 deleted § 94.

10 paragraph 7 eliminates § 94.

11 paragraph 95 paragraph 1:

"(1) national Routingnummern in 86 and 87 TKG may be used solely in connection with the number portability in accordance with § 23 2003."

12 paragraph 2 deleted § 95.

13 shall be added after paragraph 10 following paras 11 and 12 the section 95:

"(11) the source operator code § 93 par. 2 has to correspond to an assigned operator code in 96 or 97, and identifies the source network.

"(12) national Routingnummern in 96 and 97 followed by the operator key figures 95 to 99 serve the internal network use and can be used freely by any network operator without explicit allocation by the RTR-GmbH within its own communication network."

14 9 the following paragraph is added after paragraph 8 the § 126:

"(9) until May 1, 2015 b can be given in addition to the in article 94, paragraph 3 specified maximum number of operators key performance indicators each a more operator code in 96 and 97 on reasoned request. "The allocation is up to limit at the latest 31 December 2016."

15 10 the following paragraph is added after paragraph 9 the section 127:

"(10) all rights of use apply for operator key figures in 86 and 87, that II have occurred due to an allocation pursuant to § 94 paragraph 2 and 3 as amended by BGBl. No. 107/2014, from May 1, 2015 as revoked."

16 shall be added after paragraph 9 following paragraph 10 and 11 the section 128:

"(10) the amendments of articles 3 Z 21, 92, 93 par. of 2, 94 paragraph 2, 3, 3a, 3B and 3 c, 95 par. 1 and 11, 126 section of 9 as well as 127 paragraph 10 as amended by Federal Law Gazette II No. 107/2014 enter into force with 19 may 2014."

"(11) the changes of section 63 para 4 and 5 as amended by Federal Law Gazette II No. 107/2014 with 1 September 2014 into force."

17 be added after paragraph 3 following paragraph 4 and 5 the section 129:

"(4) the provisions of §§ 94, para 6 and 7 as well as 95 para 2 contact may 19, 2014 override.

Article 94, paragraph 2 and 3 contact may 1, 2015 except force. (5) the provisions"

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