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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344. 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 224/2012, shall be amended as follows:

1. In the table of contents, the following phrase, together with the heading, shall be inserted after section 48

" Public Short Call Numbers with Star

§ 48a.

Purpose

§ 48b.

Number structure

§ 48c.

Number allocation

§ 48d.

Codes of conduct

§ 48e.

Pay determination "

2. § 3 Z 3 reads:

" 3. "operator identification number" means a sequence of digits which a communication service operator, a communication network operator, an operator of a harmonised service of social value, an operator of a service by means of a public short call number identify with an asterisk or an operator of a telephone directory service; "

3. § 3 Z 23 reads:

"" public short-call number "means a telephone number consisting of an access number beginning with paragraph 1, or starting with the sign" * ", followed, where appropriate, by an optional operator identification number and possible sequence numbers;"

4. In Article 4 (1), the following sentence shall be added after the last sentence:

"This provision does not apply to public short-call numbers with an asterisk."

5. In accordance with § 48, the following § § 48a to 48e shall be inserted together with the headings:

" Public Short Call Numbers with Star

Purpose

§ 48a. A public short call number with an asterisk is used for the simplified choice of tariff-free services with a call volume of at least 2,500 minutes of call in the month for voice services, considered on an annual average.

Number structure

§ 48b. A public short call number with an asterisk starts with the character "*", followed by a three-to five-digit operator code. Sequence numbers behind the operator identification number are not allowed.

Number allocation

§ 48c. (1) The user is entitled to a call number for services with a regulated charge limit with the range measures 800, 810, 820 or 821, which were displayed by the respective communication network operator at RTR-GmbH pursuant to § 15.

(2) Eligible to be granted a public short call number with an asterisk if:

1.

submit a corresponding plan to achieve the volume of call referred to in § 48a,

2.

the right of use of the requested public short-call number with a star within the last six months has not been revoked for non-compliance with the purpose of use in accordance with section 48a; and

3.

the requested public short-call number with an asterisk has not been allocated more than once within the last two years.

(3) A maximum of one public short call number with an asterisk is to be allocated to the eligible person. In justified cases, up to three public short-call numbers can be allocated with a star. A further public short call number with a star may only be allocated to an applicant if the applicant can prove the volume of call according to § 48a with each of the previously allocated public short-call numbers with an asterisk.

(4) Operator measures for public short call numbers with an asterisk are always to be divided into three to five digits.

(5) Operator measures which begin with paragraph 1 shall not be allocated.

Codes of conduct

§ 48d. (1) For each allocated public short call number with an asterisk, a corresponding telephone number from the area 800 of the RTR-GmbH in each of the public networks shall be issued by the dispatch holder no later than seven days before the agreement is reached from the public networks. RTR-GmbH format electronically. Changes to this corresponding telephone number shall also be displayed to RTR GmbH seven days before the effective date. The regulations concerning the display of the use according to § 15 remain unaffected. The RTR-GmbH has to publish the assigned public short call numbers with the corresponding asterisk with the corresponding numbers on their website.

(2) The same service must be offered by means of the public short call number with an asterisk and the respective corresponding call number from the range for services with a regulated remuneration limit 800.

(3) For each assigned public short call number with an asterisk, the allocation holder must prove that the call volume required in § 48a for the assigned public short call number with the asterisk in conjunction with the corresponding call number from reaches the area 800. Upon request, the allocation holder shall be obliged to submit statistics on the volume of the call per month over the last 24 months of RTR GmbH.

(4) A four-digit public short-call number with an asterisk cannot be advertised with a longer than four-digit public short call number with an asterisk not to be advertised with a longer than five-digit character string.

(5) By applying and using a public short call number with an asterisk, no third party rights may be infringed on the name which is possibly represented by the telephone number.

(6) The provision of erotic services is prohibited both behind a public short call number with a star and also behind the corresponding telephone number corresponding to the corresponding number.

Determination of charges

§ 48e. For services in the area of public short call numbers with a star, the participant may not be charged a fee. "

6. In § 51 (5), first sentence, the word order shall be "pursuant to § 15 (3)" through the phrase "pursuant to § 10 (1)" replaced.

7. In § 128, the following is added after paragraph 8 of the following paragraph:

" (9) The changes in the table of contents as well as § § 3 Z 3 and 23, 4 (1), 48a to 48e, 51 (5) and 129 (2) in the version BGBl. II No 344/2013 will enter into force on 15 November 2013. Applications in accordance with § 48c, which are received by RTR GmbH within one month after the entry into force, shall be deemed to have been submitted in the same way as in the meaning of Section 13 (3). "

8. § 129 (2).

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