Amendment Of The Telecommunications Act 2003, The Kommaustria Act, The Federal Act On Radio Equipment And Telecommunications Terminal Equipment And The Postal Market Act

Original Language Title: Änderung des Telekommunikationsgesetzes 2003, des KommAustria-Gesetzes, des Bundesgesetzes über Funkanlagen und Telekommunikationsendeinrichtungen und des Postmarktgesetzes

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134. Federal Law, with which the Telecommunications Act 2003, the KommAustria-Act, the Federal Act on Funkanlagen and Telecommunication Terminal Equipment and the Postal Market Act are amended

The National Council has decided:

table of contents

Article 1

Amendment of the Telecommunications Act 2003

Article 2

Amendment of the KommAustria Act

Article 3

Amendment of the Federal Act on Funkanlagen and Telecommunications Terminal Equipment

Article 4

Amendment of the Postal Market Act

Article 1

Amendment of the Telecommunications Act 2003

The Telecommunications Act 2003-TKG 2003, BGBl. I n ° 70/2003, as last amended by the Federal Law BGBl. I n ° 96/2013 and by the BGBl agreement. I No 44/2014, shall be amended as follows:

1. The table of contents shall be amended as follows:

(a) After the words "§ 4 exemption permit" the phrase "§ 4a Grants" inserted.

(b) In the title of the second section, the word order shall be "Control and co-use rights" by the word "Infrastructure use" replaced.

c) After the word order "§ 6 Use and retribution of management rights" the phrases will be "§ 6a Coordination of construction work" and "§ 6b Access to minimum information on construction projects" inserted.

d) After the word order "§ 9 granting of co-use rights" the phrase Section 9a Access to minimum information on infrastructure and on-the-spot investigations " inserted.

(e) The phrase § § 5, 7, and 8 " in the entry to § 10 shall be replaced by the word order "§ § 5, 6a, 6b, 7, 8 and 9a" replaced.

(f) The phrase § § 5, 7 and 8 " in the entry to § 12 shall be replaced by the word order "§ § 5, 6a, 6b, 7, 8 and 9a" replaced.

(g) The phrase "for the granting of management and co-use rights" in the entry to § 12a is deleted.

(h) The word "Infrastructure Directory" in the entry to § 13a is replaced by the word order "Central Information Centre for Infrastructure Data" replaced.

(i) After the entry to § 13a, the entries shall be "§ 13b Central Information Office for Approvals" and "§ 13c Building internal physical infrastructures" inserted.

2. § 1 shall be amended as follows:

(a) The following paragraph (2b) is inserted after paragraph 2a:

" (2b) This federal law also serves to facilitate the development of high speed networks for electronic communications and the creation of appropriate incentives by promoting the sharing of existing physical infrastructures and a more efficient development of new physical infrastructures, so that such networks can be built at a lower cost. "

(b) In paragraph 3, the turn shall be "and 2a" through the turn "to 2b" replaced.

(c) (4) (7) is:

" 7.

Directive 2014 /61/EU on measures to reduce the cost of the development of high speed networks for electronic communications, OJ L 327, 30.4.2014, p. No. OJ No L 155, 15.05.2014, p.1.

3. § 3 shall be amended as follows:

a) After Z 4, the following Z 4a is inserted:

" 4a.

"Third-party service" means a service to which the following features apply:

a)

the service is accessible through public communications services,

b)

the service is operated in earnings intent,

c)

with the fee included by the participant in the use of the service, on average more than the communication service provided to the third party provider shall be paid,

d)

the first settlement of the fee shall be made to the participant assigned to the connection used in connection with the service, and

e)

the master data of the subscriber necessary for the settlement shall be provided by that operator of a communications service which allocates the connection used in connection with the service to the specific use of the service; "

(b) After Z 5, the following Z 5a and Z 5b are inserted:

" 5a.

"Funding" means entities issuing, awarding or managing public funding for the development of communications infrastructure;

5b.

"eligible" means undertakings or other bodies applying for public support for the development of communications infrastructure, who have taken or have taken advantage of such schemes or who operate communications networks which are subject to the of public funding; "

(c) After Z 9, the following Z 9a is inserted:

" 9a.

"communication infrastructure" means all active or passive elements of communication networks including accessories; "

d) In Z 25, the point at the end of the sentence is replaced by a stroke.

(e) After Z 25, the following paragraphs shall be added:

" 26.

"network supplier" means a provider of a public communications network within the meaning of Z 2 and Z 17, or a company which has a physical infrastructure intended to produce, control or distribute oil, gas, electricity (including public lighting), district heating, water (including waste water treatment and disposal and sewerage systems) or transport services (including rail, roads, ports and airports), or the Cable car infrastructure (§ 7f Cable Car Act 2003, BGBl. I n ° 103/2003);

27.

"High-speed electronic communications network" means a communication network which provides the possibility of providing broadband access services at speeds of at least 30 Mbit/s in downstream direction;

28.

"building" means any result of a set of civil or civil engineering works which, as such, is sufficient to perform an economic or technical function, and comprises one or more components of a physical infrastructure;

29.

"physical infrastructures" means components of a network that can accommodate other network components, but which do not become active network components, such as, for example, trunk lines, masts, line pipes, control chambers, entry-level shafts, Distribution boxes, buildings and building entrances, antenna systems, towers and piles; the term also includes non-wired glass fibres; components of nets intended for the supply of water intended for human consumption within the meaning of Article 2 (2) (a) 1 of Directive 98 /83/EC on the quality of water intended for human consumption Use, OJ No. 32), as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No. 14 of the Council, no physical infrastructure within the meaning of this provision is to be used;

30.

"Building internal physical infrastructure" means physical infrastructures or installations at the site of the end-user (including components in the common ownership) intended for use in the physical infrastructure, wired or wireless access networks; , where such access networks are appropriate to provide electronic communications services and to connect the access point of the building to the network termination point;

31.

"High-speed, building-internal physical infrastructure" means building-internal physical infrastructures intended to include components of high speed networks for electronic communications or to provide for the supply of to enable such networks;

32.

"extensive refurbishment" means deep or high-building work at the site of the end-user, which involves structural changes in the entire physical infrastructure of the building or a substantial part thereof and requires authorisation;

33.

"access point" means a physical point inside or outside the building, accessible to a public communications network provider, and the connection to the high-speed building internal physical infrastructures ,

34.

"Power line poles" means carrying structures, including foundations, grounding, insulators, accessories and fittings, which are used for the installation of lines or piping systems with an operating voltage of 110 kV or more for the transmission of electrical energy;

35.

"Antenna-carrying" masts or other construction sites which have been or are actually used for the purpose of antennae, these are those parts of a radio system which are directly connected to the radiation or to the reception of electromagnetic fields. Waves serve, to carry. "

4. In accordance with § 4, the following § 4a and title shall be inserted:

" Grants

§ 4a. In order to achieve the objectives of this Federal Act, special purpose grants may be granted on the basis of special guidelines.

-

Assigned grants to natural or legal persons outside the federal administration (incl. Municipal associations) are grants within the meaning of Section 30 (5) BHG BGBl. No 139/2009.

-

Assigned grants to municipalities which, on their own behalf and on their own account, establish or operate empty tubes for the complete establishment of high speed networks for electronic communications Purpose grants within the meaning of Section 12 (2) of the Financial-Constitutional Law 1948, BGBl. No. 45/1948. '

5. The heading before § 5 reads:

" 2. Section

Infrastructure Use "

6. § 5 shall be amended as follows:

(a) In paragraph 1 (1), the word order shall be "§ 8 (6)" through the phrase "§ 3 Z 35" replaced.

(b) The following sentence shall be added to paragraph 1:

"Agreements on management rights shall be submitted to the regulatory authority on the basis of their reasoned request."

7. § 6 is amended as follows:

(a) (3) reads:

" (3) Come between the pledge and the person entitled to an agreement on the right of management pursuant to Section 5 (3) or (4) or on the retribution of a right of management pursuant to Section 5 (5) within a period of four weeks from the date of proof Notification of the project shall not be established, each of the parties concerned may refer the matter to the regulatory authority for a decision. "

(b) According to paragraph 3, the following paragraph 4 is added:

" (4) Provided by a public communications network, on the written request of a participant (§ 3 Z 19), have management rights in accordance with § 5, also administrative (paragraph 3). 3 iVm § 12a), to assert if the participant

a)

is in an upright contractual relationship with the provider for the provision of communication services, and

b)

it makes it credible that it has tried in writing, albeit unsuccessfully, to the provision of the consent of the landowner or landowner to the management of the management of the communication services required for the further provision of the communications services.

A repayment or any costs incurred for the transfer of existing lines of communication (§ 11) to the landlord pursuant to § 5 (5) shall be broken down according to equity in an appropriate relationship between the provider and the participant. The publisher shall expressly give the participant the opportunity to waive the right to exercise the right of management, before and in the knowledge of the amount of a payment obligation to be made. The publisher shall inform the participant in writing about the rights and obligations under this paragraph in the event of a start. "

8. According to § 6, the following § § 6a and 6b together with the headings are inserted:

" Coordination of construction work

§ 6a. (1) A network supplier who directly or indirectly, directly or indirectly, plan or execute works financed wholly or in part by public grants, shall be required to provide a public communications network, which in turn requires the development of components of High-speed electronic communications networks are planning or carrying out, on demand (par. 3) make an offer to conclude an agreement on the coordination of these works, provided that they are economically reasonable and, in particular, technically justifiable. The aim of all the parties concerned is to enable and facilitate the coordination of construction work. The costs associated with the coordination of works shall be divided in an appropriate proportion.

(2) The network supplier may refuse any further questions referred to in paragraph 1 above, subject to the first sentence of the first sentence of the first sentence of the first sentence.

a)

if the coordination in demand would cause additional costs in relation to the planned construction work, and these costs will not be borne by the demand-driven party,

b)

if the co-ordination in question would hinder control of the planned construction work,

c)

if, in the event of a request, all the necessary authorisations have already been requested from the competent authorities,

d)

provided that construction projects for which a regulation has been adopted pursuant to paragraph 6 have been adopted.

Rejections of inquiries must be justified in writing to the demand-side and the requirements of the rejection to be made credible.

(3) Requestions referred to in paragraph 1 shall be made in writing. The questioner must demonstrate the existence of the conditions laid down in paragraph 1 and his intended extension, including the area in which the coordination of works is intended, together with the timetable envisaged, be specified.

(4) In relation to all information, the providers of public communications networks or network providers according to paragraph 1 to paragraph 3 are informed, § 48 para. 2 is to be applied in a sense. Agreements on the coordination of works shall be submitted to the regulatory authority on the basis of their reasoned request.

(5) If an agreement is not reached between the parties concerned on the coordination of the works, including the appropriate cost, within one month from the time of the demand, each of the parties concerned shall be able to: regulatory authority to take a decision.

(6) The regulatory authority may provide for exceptions to the obligations set out in paragraphs 1 to 3 by Regulation for works which are of minor importance in terms of value, scope or duration. An interested party shall be given the opportunity to comment on the issue before the adoption of a regulation pursuant to this paragraph. All such exceptions shall be notified to the European Commission.

Access to minimum information on construction projects

§ 6b. (1) Provider of a public communications network shall be entitled to obtain minimum information pursuant to Section 13a (4) on planned construction work on physical infrastructures, in order to allow the possibility of coordination of construction works according to § 6a to be examined.

(2) The central point of information pursuant to § 13a makes the minimum information on its written application (paragraph 1) to the person entitled to it pursuant to paragraph 1 of this article. 5) immediately, but in any event accessible in electronic form within two weeks from the date of receipt of the complete application, it shall inform him where the requested minimum information is made publicly available in electronic form. , or has informed him that the requested data are not available. This shall not apply to procedures iSd (5) and (5a). The network providers referred to in § 6a (1) shall be provided by the central information office within a reasonable period, but at the latest within two weeks from the date on which the minimum information on the identity of the buyer is made available and the information is available. to inform the information provided.

(3) The network providers referred to in § 6a (1) shall have the minimum information, which cannot be made available by the central information office in accordance with paragraph 2 above, to the beneficiaries of the network pursuant to paragraph 1 above whose separate written demand has been made. , within two weeks of the receipt of full demand, to provide or inform him of where the requested minimum information has been made publicly available in electronic form. Paragraph 4 shall apply mutatily.

(4) The Applicant (para. (2) the existence of the conditions for application must be credible and, in any event, the area in which the development of a high-speed electronic communications network is intended to be specified in detail, together with the timetable envisaged. Questions referred to in paragraph 3 shall not be considered as follow-up questions to the coordination of works in the sense of § 6a, but may be linked to such inquiries.

(5) The denial of access to the minimum information referred to in paragraphs 2 and 3 shall be permitted only in so far as it relates to the security and integrity of the networks, national security, public health or security, confidentiality or the the protection of operational and commercial secrets is necessary, or when it relates to physical infrastructures where a common construction threatens the risk of disruption or destruction, the effects on life or on the Health of people, maintaining public peace, order and Security or serious effects on the economy of the country would have been or are likely to have affected construction projects for which a regulation pursuant to Section 6a (6) or § 13a (8) (8) was issued. Any refusal shall be given in writing to the applicant, in the case referred to in paragraph 2, in writing.

(5a) When responding to written applications (paragraph 1), 2) Minimum information, which has been referred to by a network supplier in accordance with § 13a (4), last sentence, has the central information office in any case to be able to communicate with a communication about the access of the data. Party position in the procedure also has any affected network supplier.

(6) In relation to all information, the providers of public communications networks or network providers according to paragraph 1 to paragraph 5 are informed, § 48 para. 2 is to be applied accordingly. Agreements on access to minimum information on construction projects shall be submitted to the regulatory authority on the basis of their reasoned request.

(7) Where an agreement on access to minimum information, including reasonable charges, is not reached within two weeks between the demand for access to the minimum information, including the appropriate fees, each of the parties concerned shall be able to submit to the regulatory authority call for a decision. "

9. § 7 shall be amended as follows:

(a) (3) reads:

" (3) As soon as an offer for retribution is laid down in accordance with the uniform set of principles, or if such retribution has already been made for use in communication lines, the use of the land for the purposes of the provisions of paragraph 1 shall be shall not be inhibited. Agreements on rights of use shall be submitted to the regulatory authority on its reasoned request. "

(b) According to paragraph 3, the following paragraph 4 is added:

" (4) If an agreement on the exercise of the right of use or the settlement is not concluded within a period of four weeks from the offer for retribution, any of the parties to the agreement shall not be established between the person entitled to the right of use and the owner of the property pursuant to paragraph 1. call the regulatory authority to take a decision. "

(10) § 8 is amended as follows:

(a) para. 1 reads:

" (1) Those who exercise a right to travel, control or use under this Federal Act or in accordance with other federal or state laws on the basis of an act or an agreement with the righthold must have the use of these rights or on the basis of the of buildings, parts of buildings or other facilities, lines of communication usable for communication lines, lines or other facilities such as access to buildings, cabling in buildings, masts, antennae, towers and others Support structures, pipes, pipes, empty pipes, cable ducts, Allow entry-level shafts or distribution boxes or parts thereof for communication lines to the extent that this is economically reasonable and, in particular, it is technically justifiable. "

(b) para. 1a to 1c are:

" (1a) Network providers shall have the co-use of their physical infrastructures in so far as they provide public communications networks for the purpose of the development of high speed networks for electronic communications on demand. and, in particular, it may be economically reasonable and, in particular, technically feasible.

(1b) Owner or otherwise authorized users of high-speed building internal physical infrastructures and of cabling in buildings, parts of buildings or other buildings must be shared for communication lines up to allow the first concentration, distribution or access point by the provider of a public communications network in so far as they are economically reasonable and, in particular, technically justifiable, and a doubling of this Infrastructure economically inefficient or practical would be impossible.

(1c) In the exercise of the rights referred to in paragraph 1, paragraph 1 a and paragraph 1b, the use of existing facilities as well as future technical developments which are demonstrably required by the provisional exemption of capacity shall be taken into account. "

(c) In paragraph 3, the word order shall be "pursuant to para. 1, 1a, 1c or 2" through the phrase "pursuant to para. 1, 1a, 1b or 2" replaced.

(d) In paragraph 4, the word "monetary values" .

(e) (5) and (6).

11. § 9 shall be amended as follows:

(a) para. 1 reads:

" (1) Each person in accordance with § 8 (1), (1a) and (1b) must submit a bid for co-use to a public communications network for written demand. In accordance with § 8 (2), everyone must provide a public communications network as well as fire brigade, rescue services and security authorities with a written request for shared use. In demand, the components of the project for which co-use will be sought, including a precise timetable, are to be specified. All parties concerned have the aim of facilitating and facilitating co-use. "

(b) (3) reads:

"(3) Provider of public communications networks through which mobile communications services are publicly available shall be obliged to establish framework agreements for the sharing of their antenna tractors."

(c) paragraph 4 reads:

"(4) Framework agreements in accordance with paragraph 3 and agreements on the rights of co-use in accordance with § 8 shall be submitted to the regulatory authority on the basis of its reasoned request."

12. In accordance with § 9, the following § 9a and title shall be inserted:

" Access to minimum information on infrastructure and on-the-spot investigations

§ 9a. (1) Provider of a public communications network shall be entitled to receive minimum information pursuant to Section 13a (2), last sentence, of infrastructures that can be used for communication lines, including physical infrastructures pursuant to § 3 Z 29, In order to be able to check the possibility of sharing according to § 8.

(2) The central point of information pursuant to § 13a makes the minimum information on its written application (paragraph 1) to the person entitled to it pursuant to paragraph 1 of this article. 5) without delay, but at any rate within six weeks after the full application has been submitted in electronic form, or it shall inform the applicant that the requested data are not available. This does not apply to procedures iSd (6) and (6a). The owners or other authorized users of the infrastructure shall be informed by the central information office within a reasonable period of time, but not later than two weeks after the date on which the minimum information is made available. The identity of the post-questioner and the information communicated to it.

(3) The network supplier as the owner or otherwise authorized user of the infrastructure referred to in paragraph 1 shall have the person entitled under (1) above his separate written demand (paragraph 1). 5) provide the minimum information, which cannot be made available in accordance with paragraph 2 by the central information office, within two months of the receipt of full demand for an adequate fee. Paragraph 5, first sentence, shall apply mutatily.

(4) Network providers shall have a written request from a public communications network provider who makes the intended development of a high-speed network for electronic communications credible On-the-spot investigation of components of their physical infrastructures within one month of the submission of the full application (paragraph 1). 5) to allow for appropriate remuneration insofar as this is economically reasonable and, in particular, it is technically justifiable.

(5) The Applicant (para. 2) has to credibly make the existence of the application requirements and in any case the territory in which a joint use according to § 8 or in the case of paragraph 4 of the extension of a high-speed electronic communications network, it is intended, together with the timetable envisaged, to specify in detail. Questions referred to in paragraph 3 shall not be considered as inquiries for the granting of co-use within the meaning of Section 9 (1), but may be linked to such inquiries.

(6) Denial of access to minimum information in accordance with (2) and (3) or on-the-spot investigations pursuant to paragraph 4 shall be admissible only in so far as it relates to the security and integrity of the networks, national security, public health or security, subject to paragraph 4 of the last half sentence. the confidentiality or the protection of operational and commercial secrets is necessary or when it relates to physical infrastructures in which the risk of disturbance or destruction is threatened by co-use, the effects on the Life or the health of people, the maintenance of public peace, order and security or serious effects on the country's economy, or in the case of infrastructure for which a regulation has been adopted in accordance with Section 13a (8). In the case referred to in paragraph 2, any refusal shall be notified to the applicant in writing, in the cases referred to in paragraphs 3 and 4, in respect of the latter in writing.

(6a) Are the answers to written applications (paragraph 1) 2) Minimum information, which has been referred to by a network supplier in accordance with § 13a (3), last sentence, has the central information office in any case to be able to communicate with a communication about the access of the data. Party position in the procedure also has any affected network supplier.

(7) In relation to all information, the providers of public communications networks or network providers according to paragraph 1 to paragraph 6 are informed, § 48 para. 2 shall apply mutatily. Agreements on access to minimum information on infrastructure and on-the-spot investigations shall be submitted to the regulatory authority at the request of the regulatory authority.

(8) Where an agreement on access to minimum information or on the on-the-spot investigation, including reasonable charges, shall be concluded between the post-questioner pursuant to paragraph 3 or 4 and the pledge, in each case within the provisions of paragraph 3, respectively. (4), each of the parties concerned may refer the matter to the regulatory authority for a decision. "

13. In the heading to § 10, the turn § § 5, 7, and 8 " through the turn "§ § 5, 6a, 6b, 7, 8 and 9a" replaced.

14. § 10 (1) reads:

" (1) In the exercise of rights in accordance with § § 5, 6a, 6b, 7, 8 and 9a, the used land, buildings, parts of buildings or buildings or buildings shall be protected in as little harassing as possible and with the most appropriate protection of the use of the land. the use of installations, lines, other facilities or physical infrastructures and the rights of third parties. In particular, the beneficiary has, during the execution of works, his costs for the most consistent maintenance of the intended use of the used land, buildings, parts of buildings or buildings or buildings, respectively. the installations, lines, other facilities or physical infrastructures used, and, after the completion of the work, to produce a non-unflagged condition. Consideration should also be given to other existing or approved work. "

15. § 11 is amended as follows:

(a) para. 1, first sentence reads:

"(1) The rights under § § 5, 6a, 6b, 7, 8 and 9a shall be subject to the free disposal of the contaminated sites, buildings, parts of buildings or buildings or buildings, respectively." the installations, lines, other facilities or physical infrastructures used (change, construction, installation or other measures which may be deemed to be inadmissible pursuant to § § 5, 7 or 8) disabled. "

(b) In paragraph 4, the word order shall be "according to § § 5, 7 and 8" through the phrase "in accordance with § § 5, 6a, 6b, 7, 8 and 9a" replaced.

16. In the headline on § 12, in § 12 para. 1 and in § 12 para. 4, the word order is in each case "in accordance with § § 5, 7 and 8" through the phrase "in accordance with § § 5, 6a, 6b, 7, 8 and 9a" replaced.

17. In Section 12 (2), after the word "Communication lines" the phrase "or physical infrastructures" inserted.

18. § 12a together with headline reads:

" Procedure

§ 12a. (1) If the regulatory authority is referred to in accordance with § § 6, 6a, 6b, 7, 9, 9a or 11, it shall inform the defendant immediately after the proceedings have been continued in accordance with section 121 (3) in writing and demonstrably the opportunity to take over within two weeks of the proceedings. To present objections to the application. On a reasoned request, the regulatory authority may, if necessary, extend this period. In its decision, the regulatory authority has to take into account only timely objections. This legal consequence shall be expressly indicated in the invitation to deliver an opinion.

(2) The regulatory authority shall decide on the application without delay, but in any event within six weeks after the request has been received by the defendant or the expiry of the period for opinion, including, where appropriate, an interim decision. The arrangement replaces the agreement which has not been reached. The parties to the procedure shall be obliged to participate in this procedure and to provide all information necessary for the assessment of the facts and to submit any necessary documents.

(3) The costs of the fees payable to a non-official expert shall be borne by the beneficiary. These costs may be shared in an appropriate proportion if this corresponds to the equity. "

19. In Section 13 (1), the phrase "according to § § 5, 7 or 8" through the phrase "according to § § 5, 6a, 6b, 7, 8 and 9a" replaced.

Article 13a, together with the headline, reads:

" Central Information Centre for Infrastructure Data

§ 13a. (1) The regulatory authority shall, in accordance with the provisions set out below, have a maximum of 1. Jänner 2017 to establish, maintain and regularly update a central information point for infrastructure data.

(2) All the institutions of the Federal Government, the Länder, the municipalities and the municipal associations, as well as the other self-governing bodies which, within the framework of their legal sphere of action, on information in electronic form concerning communication lines usable installations, lines or other equipment such as access to buildings, cabling in buildings, masts, antennas, towers and other support structures, pipes, pipes, empty pipes, cable ducts, entry-level shafts and Distribution boxes, including physical infrastructure, in accordance with § 3 Z 29, , this information shall be available to the regulatory authority by means of mutual assistance, as appropriate, at the latest by 31 July 2016 (Art. 22 B-VG). This information shall include the location and routes, the type and current use of the infrastructure, and a contact person (minimum information), provided that such data are available electronically.

(3) The regulatory authority shall make available to the regulatory authority the information available to them in electronic form on its infrastructures as referred to in paragraph 2, as far as possible, until 31 July 2016 at the latest. The last sentence of paragraph 2 shall apply. In the event of notification, network providers may designate those locations and routes in which the risk of disturbance or destruction is threatened by shared use, the effects on the life or health of people who may be affected by the risk of disturbance or destruction. Maintain public peace, order and security or have a serious impact on the economy of the country.

(4) The regulatory authority shall have at least six months before the intended first-time network supplier, who shall plan, directly or indirectly, to plan, directly or indirectly, any construction work on the physical infrastructure financed wholly or in part by public grants. Application for authorisation to the competent authorities as the minimum information on the construction work, the location and type of work, the network components concerned, the planned start and the planned duration of the works, and to make a contact person accessible or to inform them where the minimum information requested has been made publicly available in electronic form. In the notification, network providers may designate those locations and network components where a common construction threatens the risk of disruption or destruction, the effects on the life or health of people who are Maintain public peace, order and security or have a serious impact on the economy of the country.

(5) The provisions referred to in paragraph 2 to 4 shall have updates and all the new elements of the infrastructures referred to in electronic form available to the regulatory authority within two months of the availability of the to make information available. The regulatory authority may extend this period for a maximum of one month on a reasoned request, if this is necessary to ensure the reliability of the information provided.

(6) The regulatory authority shall protect the data made available to it in accordance with paragraph 2 to 5 according to the state of the art prior to access by unauthorized persons.

(7) The regulatory authority shall, by means of a Regulation, adopt the detailed rules on the modalities, in particular on the nature, scope, structure and data format of the information to be made available to it pursuant to paragraph 2 to 5, and on the retrieval of such data in accordance with § § 6b and 9a. In doing so, the regulatory authority shall take into account the target provisions of § 1, in particular paragraph 2b thereof, as well as the provision of § 125. An interested party shall be given the opportunity to comment on the issue before the adoption of a regulation pursuant to this paragraph.

(8) The regulatory authority may, with a regulation relating to infrastructure which is not usable for communication lines or which are technically unsuitable for the development of high speed networks for electronic communications, provide for exceptions to the obligations laid down in paragraphs 2 to 5 for construction projects which are of minor importance in terms of value, scope or duration. An interested party shall be given the opportunity to comment on the issue before the adoption of a regulation pursuant to this paragraph. All such exceptions shall be notified to the European Commission. "

21. According to § 13a, the following § § 13b and 13c together with the headings are inserted:

" Central Information Office for Approvals

§ 13b. The regulatory authority shall publish to the maximum of 1. Jänner 2017, as the central information centre for authorisations on its homepage, detailed general information on the conditions and procedures for the granting of permits for construction works, which are intended for the construction of components of High-speed electronic communications networks are necessary, including any information on the exemptions from the necessary authorisations applicable to such components, and shall keep this information up to date.

Building internal physical infrastructures

§ 13c. (1) All new buildings erected at the site of a terminal user, including related components, which are in common ownership and for which a building permit has been requested after 31 December 2016 shall be subject to high speed building internal physical infrastructures (§ 3 Z 31) up to the network termination points. This obligation also applies to extensive renovations (§ 3 Z 32), for which the building permit has been applied for after 31 December 2016.

(2) All newly built multi-family houses, for which a building permit has been requested after 31 December 2016, shall be equipped with an access point (§ 3 Z 33). This obligation also applies to extensive renovations (§ 3 Z 32) of multi-family houses, for which the building permit was requested after 31 December 2016.

(3) Exceptions to the obligations laid down in paragraphs 1 and 2 may be provided for certain categories of buildings, in particular for single-family homes, or for extensive renovations, where the fulfilment of those obligations is disproportionate would be, for example, in terms of costs for individual owners or co-owners, or in relation to the type of building, such as B. certain categories of architectural monuments, historic buildings, holiday homes, military buildings or other buildings used for national security purposes. "

22. In § 16a (9) the word order shall be "The Federal Minister of Transport, Innovation and Technology may, after consulting the regulatory authority," by "The regulatory authority may, in agreement with the Federal Minister for Transport, Innovation and Technology, and with the Federal Minister for Home Affairs" and the word "To set" by the word "Set" replaced.

23. In Section 17 (2), the phrase "The Federal Minister for Transport, Innovation and Technology can" through the phrase "The regulatory authority may, in agreement with the Federal Minister for Transport, Innovation and Technology," replaced.

Section 23 (3) reads as follows:

" (3) The regulatory authority may, by means of a regulation, lay down more detailed rules concerning the transfer of numbers. In particular, international agreements, the technical possibilities to make the necessary investments and to take account of the fact that the number of the porting participant is as fast as possible, but at the latest within the framework of the on a working day following the agreement on the porting in the receiving operator's network. "

25. § 24 (2) reads:

" (2) The regulatory authority may, by means of a regulation, lay down more detailed provisions on the provision of third party services which are transparent and necessary for the protection of users. In particular, access controls with regard to certain user groups, provisions regarding the application, time restrictions, regulations on dialer programs as well as fee information, price caps and calculation type of the Charges, provided that they exceed the content provided for in a Regulation referred to in paragraph 1 above. In particular, the protection worthy interests of end users, the technical possibilities, and the fact that end-users can control their expenditure are particularly important. The regulatory authority shall inform each year of unfair practices and the measures taken in the course of the report in accordance with section 34 (2). "

26. In § 25 (3), first sentence, the word order shall be "in written form" through the phrase "in a suitable form" replaced.

27. The following sentence shall be added to section 25 (3):

"In the event of a breach of the provisions of this paragraph, the regulatory authority may also intervene in accordance with Section 91."

28. According to Article 25d (2), the following paragraphs 3 and 4 are added:

" (3) Operators of communication services must, in the sense of § 1 KSchG, have to terminate after the entry into force of the Federal Law BGBl. I No 134/2015 shall allow for a period of notice of one month in compliance with a notice of notice, with the termination taking effect at the end of the month following that notice. Companies within the meaning of § 1 KSchG shall be allowed to enter into a contract for each communication service with a notice period of one month at the end of the following month.

(4) In the event of a breach of the provisions of these provisions, the regulatory authority may also intervene in accordance with § 91. "

29. In accordance with Section 29 (2) of the following paragraph 2a inserted:

" (2a) Operators of public communications services shall have the right to block the connection of a subscriber to third party services on a permanent basis and free of charge, without prejudice to any legal or contractual provisions, if the Subscriber charges for such services in at least two consecutive billing periods. "

30. In § 37 (2) the word order shall be added in the last sentence "six months" through the phrase "one year" replaced.

31. In § 50 Abs.1 the string "§ 23 (2)" through the string "§ 23" and the string "23 (2)" through the string "23" replaced.

32. The previous text of § 83 receives the sales designation "(1)" . The following paragraph 2 is added:

" (2) A permit may also be granted for a majority of radio-transmitting and radio-receiving installations, which are constructed in a given area in such a way as to ensure that, through technical cooperation, the provision of a comprehensive coverage of the whole area Telecommunications services shall be granted, provided that it is possible for all or more groups of radio transmitters,

1.

technical parameters and

2.

Secondary provisions which are necessary for the trouble-free operation of other radio equipment, and

3.

Secondary provisions to ensure the objectives set out in Article 73 (2)

together. The location of these radio equipment shall be the territory indicated in the authorization. "

33. § 86 (4) reads:

" (4) The telecommunications authorities shall be entitled to use telecommunications equipment, in particular radio equipment and telecommunications terminal equipment, or parts thereof, in respect of compliance with the provisions of this Act and of the provisions of this Act. , as well as at the request of the Office of Radio Equipment and Telecommunications Terminal Equipment in respect of compliance with the provisions of the Federal Law on Radio Equipment and Telecommunications Terminal Equipment, BGBl. I No 134/2001 in the version, BGBl. I No 123/2013. For this purpose, the institutions of the telecommunications offices which have their own means shall be allowed to enter the land or spaces in which such facilities are located or to be presumed to be. They are all necessary information about the plants and their operations as well as about the provision of equipment in the sense of the Federal Act on radio equipment and telecommunications terminal equipment, BGBl. I No 134/2001 in the version, BGBl. I No 123/2013. Certificates of approval as well as the confirmations issued in accordance with § 15 are to be presented on request. Economic operators shall be required to provide all necessary assistance and to provide all necessary information, including information on the origin of equipment, as well as to provide documents and user information at the request of the economic operators and to tolerate the drawing of samples. "

34. In accordance with § 100 (1), the following paragraph 1a is added:

" (1a) For contracts concluded after the entry into force of the Federal Law BGBl. I n ° 134/2015 of companies within the meaning of Section 1 of the German Act on the Law of the European Union (KSchG), a bill may in principle be provided in electronic form. This is in a storage-capable format, such as B. in pdf format, to be sent to an electronic address announced by the participant and to be kept available free of charge by the provider for a period of seven years. The possibility of the participant to receive a free invoice in paper form may not be excluded by contract. "

35. In accordance with § 104 (5), the following paragraph 6 is added:

"(6) In the event of a breach of the provisions of these provisions, the regulatory authority may also intervene in accordance with § 91."

36. § 109 (3) is amended as follows:

a) After Z 1c the following Z 1d is inserted:

" 1d.

, contrary to Article 13a (3) and (4) of the regulatory authority, does not make available or incomplete data; "

(b) After Z 10, the following Z 10a is inserted:

" 10a.

Contrary to § § 6a para. 4, 6b para. 2, 9a para. 7 or 48 para. 2, information inadmissible or continues to exist; "

c) In Z 11, after the word "contrary" the phrase "§ § 5 (1), 6a (4), 6b (6), 7 (3), 9 (4) or 9a (7) agreements or contrary to" inserted.

d) in Z 11 the word order "Default interconnection offers or interconnection agreements" by "Standard bids or agreements on access to the network" replaced.

(e) Z 19 is:

" 19.

contrary to the conditions laid down in § 104, it is not possible to suppress the display of the number independently and free of charges, or to dismiss an incoming call with a suppressed number independently and without charges; "

37. In § 117 Z 1 the turn § § 6, 7, 9, 11 " through the turn "§ § 6, 6a, 6b (7), 7, 9, 9a (8), 11" replaced.

38. At the end of § 117 Z 7, the word order "and applications to the European Commission pursuant to § 47 (1)" inserted.

39. In Section 120 (5), the phrase "the Administrative Court" through the phrase "the Federal Administrative Court" replaced.

40. § 121 shall be amended as follows:

(a) (1).

(b) (2) and (3) are:

" (2) Applications relating to § 117 Z 1, 2, 7 and 7a shall be forwarded to the Broadcasting and Telekom Regulierungs-GmbH for the implementation of a dispute settlement procedure.

(3) If a request pursuant to paragraph 2 is passed on to broadcasting and Telekom Regulierungs-GmbH, a dispute settlement procedure shall be carried out. If within a period of four weeks and in proceedings pursuant to § 117 Z 2, 7 and 7a within six weeks a consensual solution is brought about in proceedings according to § 117 Z 1, the procedure shall be stopped at the Telekom-Control-Commission, otherwise the procedure shall be: to continue there. The Telekom-Control-Commission shall decide within four months in proceedings pursuant to § 117 Z 2, 7 and 7a. This Decision shall replace an agreement to be reached. The parties to the dispute settlement procedure shall be obliged to take part in this procedure and to provide all information necessary for the assessment of the facts and to submit any necessary documents. "

41. § 122 is amended as follows:

(a) (1) (2) reads:

" 2.

on an alleged violation of this Federal Act, a regulation or a decision adopted pursuant to this Federal Act, ".

(b) According to paragraph 1, the following paragraph 1a is inserted:

" (1a) Sponsors (Section 3 (5a)) may submit to the regulatory authority the access offered by promotional advertisers (§ 3 Z 5b), as required by their eligibility conditions, for consideration. The regulatory authority shall examine the offers of access, in particular in accordance with this federal law, the regulations and regulations adopted pursuant to this Federal Act, and the conditions of eligibility, and the parties to the proceedings, and A view of the certified access offers. The donor shall have to pay the regulatory authority an expense allowance, the amount of which shall be determined in accordance with the personnel and material expenses of the regulatory authority connected with the performance of the audit and which shall be subject to the requirements of Article 34 of the Regulation. KommAustria-Law to be applied to the regulatory authority's expense. The financial support shall be required to participate in the procedure and, at the request of the regulatory authority, to provide all the information necessary for the assessment of the facts and to submit the necessary documents. "

(c) para. 2, first sentence reads:

"The regulatory authority may lay down guidelines for the implementation of the procedures laid down in paragraph 1 and paragraph 1 (a), and in particular the time limits for the termination of the procedure are to be determined on the basis of the particular situation."

42. In accordance with § 133 (14), the following paragraph 15 is added:

" (15) § 65 (2) last sentence occurs with 1. Jänner 2016 but Kraft. "

43. In accordance with § 137 (6), the following paragraph 7 is added:

" (7) § § 25d paragraph 3 in the version of the Federal Law BGBl. I n ° 134/2015 occurs three months after the Federal Law BGBl has been held. I No 134/2015 in force. "

Article 2

Amendment of the KommAustria Act

The federal law on the establishment of a communication authority Austria ("KommAustria") and a Federal Communications Council (KommAustria-Gesetz-KOG), BGBl. I n ° 32/2001, as last amended by the Federal Law BGBl. I No 86/2015, shall be amended as follows:

1. In § 34, the following paragraph 1 is inserted after paragraph 1:

" (1a) In addition to the grant from the federal budget in accordance with paragraph 1, the RTR-GmbH is a further grant from the federal budget of 142 135 euros in two equal amounts of the same high part of the year 2016. Jänner and 30 June. The said amount shall be reduced or increased as from 2017 to the extent that the consumer price index published by the Federal Statistical Office in Austria has changed in 2010 or the index of the previous year which has been replaced by its position. The third sentence of paragraph 1 shall apply. "

Section 45 is added to the following paragraph 13:

" (13) By way of derogation from § 34 para. 1, RTR-GmbH shall be per 30 in calendar year 2016. Jänner to transfer an additional amount of EUR 1 288 780 from funds from the federal budget. "

Article 3

Amendment of the Federal Act on Funkanlagen and Telecommunications Terminal Equipment

The federal law on radio equipment and telecommunications terminal equipment-FTEG, BGBl. I n ° 134/2001, as last amended by the Federal Law BGBl. I No 123/2013, shall be amended as follows:

Section 13 (2) is deleted.

Article 4

Amendment of the Postal Market Act

The Postal Market Act-PMG, BGBl. I n ° 123/2009, as last amended by the Federal Law BGBl. I No 96/2013, shall be amended as follows:

1. § 11 (1) reads:

(1) The annual average of at least 95% of the total number of mail to be sent to the universal service on a working day, except Saturday, up to the closing time for the carriage (delivered) of domestic items to be transported under the universal service. on the first working day following the date of delivery, excluding Saturday, and at least a percentage of 98% at the latest on the second working day following the date of delivery, except for Saturday; the remainder of the correspondence shall be sent to the shall be within 4 working days, except Saturday, from the date of delivery is delivered. This does not apply to direct advertising and non-priority mail in the universal service, the latter being used to apply the runtime specifications of § 32 (4) Z 1. The closing time is to be made available in every post office. "

1a. § 32 (4) Z 1 reads:

" 1.

On a working day, excluding Saturdays, up to the closing time for the carriage of domestic correspondence in the universal service area, the annual average shall be at least 90% of the average of the total number of letters, Date of delivery shall be delivered on the following working day, except Saturday; the remaining letters must be delivered within 6 working days from the date of the delivery. This does not apply to direct advertising. "

Section 37 (1) reads as follows:

"(1) Postal authority is the Federal Minister of Transport, Innovation and Technology as the Supreme Postal Authority."

3. § 37 (3) and (4) are:

" (3) The local area of responsibility of the Supreme Postal Authority and the regulatory authority shall cover the entire Federal territory.

(4) In order to carry out administrative procedures under this Federal Act, the Federal Republic of Germany as a whole is subject to the provisions of Section 113 (2) (4) of the Telecommunications Act 2003, BGBl. I n ° 70/2003, it is responsible for Vienna, Lower Austria and Burgenland. The Federal Administrative Court may lodge a complaint against the latter's decision. "

Fischer

Faymann