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)

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107. Regulation of the Broadcasting and Telekom Regulatory GmbH, which changes the communication parameter, fee and value-added services regulation 2009 (KEM-V 2009)

On the basis of § § 24 (1) and (2) and 63 of the Federal Act, which enacted a telecommunications law (Telecommunications Act 2003-TKG 2003), BGBl. I n ° 70/2003, as amended by the BGBl version. I No 96/2013, shall be arranged:

The regulation of broadcasting and telecom regulation GmbH, which lays down rules for communication parameters, charges and value-added services (communication parameter, remuneration and value-added services regulation 2009-KEM-V 2009), BGBl. II No 212/2009 idF BGBl. II No 344/2013, shall be amended as follows:

1. § 3 Z 21 reads:

" 21.

"Use of a telephone number" means the availability of the destination addressed by the phone number in public communications networks or services and, in addition, in the case of routing numbers, the use of the operator code as a source operator identification number; "

(2) § 63 shall be added to the following paragraphs 4 and 5 in accordance with paragraph 3:

" (4) The allocation holder shall ensure that the addressing of facilities pursuant to § 60 by means of mobile telephone numbers within the framework of the national interconnection shall be carried out exclusively in conjunction with the routing numbers specified in Section 93 (2).

(5) By way of derogation from paragraph 4, the addressing of facilities according to § 60 may be carried out if the following criteria are met:

1.

The competition will be guaranteed to be chanced and functioning properly;

2.

there are no distortions of competition or restrictions on competition;

3.

the efficient use and management of numbering resources is ensured;

4.

it is ensured that operators of services are non-discriminatory in terms of number sequences for access to their services;

5.

ensure that operators of communications networks and services do not receive discriminatory treatment in comparable circumstances;

6.

the number transfer in accordance with § 23 TKG 2003 shall not be restricted or prevented. "

3. In § 92 the word order shall be "94 and 95" through the phrase "96 and 97" replaced.

Section 93 (2) reads as follows:

" (2) National routing numbers in areas 96 and 97 consist of the double-digit range code 96 or 97 and a two-digit operator code, followed by

1.

a double-digit source-operator code within the meaning of Section 95 (11) and

2.

an allocated national telephone number, including any subsequent digits. "

5. § 93 is added in accordance with paragraph 2 of the following paragraph 2a:

"(2a) However, for non-call-related traffic, the number structure referred to in paragraph 2 may not contain a source-operator code."

6. § 94 (2) reads:

" (2) Communication network operators, to which the number transmission regulation 2012 (NÜV 2012), BGBl. II No 48/2012, shall be subject to a maximum of two operator identification numbers for national routing numbers for this use. "

Section 94 (3) reads as follows:

" (3) Communication network operators who plan to provide services to third parties in connection with mobile phone number porting, which include the direct termination of traffic to ported mobile telephone numbers, shall be limited to the use of mobile telephone numbers. to allocate two operator identification numbers in area 87 for national routing numbers. "

8. The following paragraphs 3a, 3b and 3c shall be added to Section 94:

" (3a) Communication system operators shall be allocated for national routing numbers in the 96 and 97 sector for the purpose of the national interconnection.

(3b) Communication network operators who switch on fixed telecommunications terminal equipment in their networks or implement services shall, at their request, be allocated a maximum number of operators in the 96 and 97 divisions for this purpose. Communication system operators who use mobile telecommunications terminal equipment in their networks shall be allocated a maximum number of operators in the 96 and 97 areas for this use, each of which shall be subject to a single operator identification number. Operator identification number is different than the first set.

(3c) RTR-GmbH may only allocate the operator identification numbers behind 96 and 97 to the same applicant. "

9. § 94 (6) deleted.

10. § 94 (7) deleted.

Article 95 (1) reads as follows:

"(1) National routing numbers in areas 86 and 87 may only be used in connection with the number porting in accordance with § 23 TKG 2003."

12. § 95 (2).

13. In § 95, the following paragraphs 11 and 12 are added after paragraph 10:

" (11) The source operator identification number according to § 93 (2) has to correspond to an assigned operator code in the area 96 or 97 and identifies the source network.

(12) National routing numbers in the range 96 and 97 followed by operator numbers 95 to 99 are used for network use and can be used by any communication network operator without explicit assignment by RTR GmbH within its own network. Communication network is freely used. "

14. § 126 is added in accordance with section 8 of the following paragraph 9:

" (9) By 1 May 2015, in addition to the maximum number of operator identification numbers set out in § 94 (3b), a further operator identification number in the areas 96 and 97 may be allocated on a reasoned request. The allocation is to be limited until 31 December 2016 at the latest. "

15. § 127 is added in accordance with section 9 of the following paragraph 10:

" (10) All rights of use for operator measures in the areas 86 and 87, which are due to an allocation in accordance with § 94 (2) and (3) in the version before BGBl. II No. 107/2014, shall be deemed to have been revoked from 1 May 2015. "

16. § 128 shall be added to the following paragraphs 10 and 11 in accordance with paragraph 9:

" (10) The amendments to § § 3 Z 21, 92, 93 (2), 94 (2), 3, 3a, 3b and 3c, 95 (1) and (11), 126 (9) and 127 (10) in the BGBl version. II No. 107/2014 will enter into force on 19 May 2014.

(11) The amendments to § 63 (4) and (5) in the version BGBl. II No. 107/2014 will enter into force with 1 September 2014. "

17. § 129 shall be added to the following paragraphs 4 and 5 in accordance with paragraph 3:

" (4) The provisions of § § 94 (6) and (7) and 95 (2) shall not apply with effect from 19 May 2014.

(5) The provisions of Section 94 (2) and (3) shall be repeal with effect from 1 May 2015. "

Gungl