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: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_344/BGBLA_2013_II_344.html

344. 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 224/2012, is amended as follows:

1. in the table of contents, following sequence of words including the heading is inserted after section 48:

"Public short numbers with star § 48a."
Purpose section 48 b. numbers structure section 48 c.
Numbers allocation § 48 d.
Codes of conduct article 48e.
Pay determination"2. Article 3 is no. 3:

"3."Operator code": a sequence of digits that identifies a communication service provider, a communications operator, an operators of harmonised services of social value, an operator of a service by means of a public short number with star or an operator of a telephone information service;"

3. paragraph 3 Z 23:

""public short number": a phone number, consisting of one with the access code beginning 1 or beginning with the characters" * ", if necessary, followed by an optional operator code, and any digits;"

4. in article 4, paragraph 1 the following sentence is added after the last sentence:

"This provision does not apply to public short numbers with star."

5. pursuant to § 48, following sections 48a inserted up to 48e including headings:

"Public short numbers with star

Intended use

§ 48a. A public short number serves the simplified choice of tariff-free services with a call volume by at least 2,500 call minutes with star a month for language services, considered on an annual average.

Number structure

§ 48 b. A public short number with star starts with the character "*", followed by a three-to five-digit operator number. Digits behind the operator code are not allowed.

Numbers allocation

section 48c. (1) grant users of a phone number for services with regulated charge limits with the key figures are 800, 810, 820, or 821, which were displayed in accordance with § 15 of the communications provider for the RTR-GmbH.

(2) a public short number with star eligible is to assign them an appropriate concept to achieve the volume of conversation in accordance with § 48a submit 1, 2. the right of use of the requested public short number has not been revoked it within the last six months with star due to non-observance of the use purpose in accordance with Article 48a and 3 the requested public short number not more than once was assigned to the star within the last two years.

(3) a public short number with star is maximum entitled to allot. In justified cases, up to three public short numbers can be allocated with star. Each a more public short number may be allocated only if star to an applicant, if it can demonstrate the call volume in accordance with § 48a with any of the previously allocated public short numbers with star.

(4) operators key performance indicators for public short numbers with star are allot of getting three to five.

(5) operators figures, starting with the number 1, may not be allocated.

Codes of conduct

§ 48 d. (1) for every allocated public short number with star a corresponding number from the range 800 RTR-GmbH in the format specified by the RTR-GmbH is by the licence holder no later than seven days prior to making accessible from public networks to display electronically. Changes the corresponding phone number are also seven days prior to effective date to display the RTR-GmbH. This shall not affect the provisions regarding display of use pursuant to article 15. The RTR-GmbH has to publish the allocated public short numbers with star with the their corresponding numbers on their website.

(2) by means of the public short number with stern and the corresponding number from the field for services with regulated fee caps 800, the same service must be offered.

(3) for every allocated public short number with star is the licence holder has to prove that the call volume to the allocated public short number required in § 48a is achieved with star together with the corresponding numbers in the range of 800. On request, the licence holder is required to present statistics on the volume of conversation per month over the last 24 months of RTR-GmbH.

(4) a four-digit short number in public may not with a longer than four-digit with star, a five-digit short number in public may be co-branded with star not with a longer one as a five-character string.

(5) through the application and use a public short number with star no rights of third parties on behalf of at best represented by the number may be injured.

(6) the provision of adult services is prohibited both behind a public short number with star and behind its corresponding number.

Determination of remuneration

Article 48e. Services in the area for public short numbers with star no must be charge for the participants."

6. in article 51, paragraph 5, first sentence is replaced by the phrase "in accordance with § 10 para 1" the phrase "in accordance with § 15 ABS. 3".

7. in paragraph 128 9 the following paragraph is added after paragraph 8:

"(9) changes the table of contents as well as §§ 3 Z 3 and 23, 4 para 1, 48a up to 48e, 51 paragraph of 5 and 129 para 2 as amended by Federal Law Gazette II No. 344/2013 enter into force with 15 November 2013." Applications pursuant to section 48 c, that are within one month after entry into force of RTR GmbH apply inserted in the sense of § 13 para 3 as at the same time."

8 paragraph 2 deleted § 129.

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