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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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_134/BGBLA_2015_I_134.html

134. Federal law, with which the Telecommunications Act 2003, the KommAustria Act, the Federal law be changed radio equipment and telecommunications terminal equipment and the postal market Act

The National Council has decided:

Table of contents



Article 1 amendment to the Telecommunications Act 2003 article 2 amendment to the KommAustria Act article 3 amendment of the Federal Act on radio equipment 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, Federal Law Gazette I no. 70/2003, as last amended by Federal Law Gazette I no. 96/2013 changed as well as by the proclamation Federal Law Gazette I no. 44/2014, as follows:

1. the table of contents is amended as follows:

(a) after the phrase "article 4 exemptions" is the phrase "§ 4a grants" inserted.

(b) in the heading of section 2, the word order is replaced "Management and use rights" by the word "Infrastructure".

(c) after the phrase "§ 6 recourse and compensation for management rights" are the phrases "section 6a of the coordination of construction works" and "§ 6B access to minimum information on construction projects" inserted.

(d) after the phrase "article 9 granting of shared rights" is the phrase "section 9a access to minimum information on infrastructures and preliminary site investigations" inserted.

(e) the phrase "sections 5, 7, and 8" in the entry for section 10 is by the phrase "sections 5, 6a, 6B, 7, 8 and 9a" replaced.

f), the phrase is "sections 5, 7 and 8" in the entry for paragraph 12 by the phrase "sections 5, 6a, 6B, 7, 8 and 9a" replaced.

(g) the phrase "to the granting of shared rights and rights" in the entry for paragraph 12a is eliminated.

h) the word "infrastructure directory" in the entry for paragraph 13a is replaced by the phrase "Central information point for infrastructure data".

i) after the entry to § 13a, the entries are "§ 13 b central information agency for licences" and "§ 13 c building internal physical infrastructure" added.

2. paragraph 1 is amended as follows:

(a) according to paragraph 2a, the following paragraph 2 b is inserted:

"(2B) this federal law is also facilitating the expansion of high speed networks for electronic communications and the creation of appropriate incentives by promoted the sharing of existing physical infrastructures and enables a more efficient development of new physical infrastructure, so that such networks at a lower cost can be built."

(b) in paragraph 3, the phrase "and 2a" through the turn is replaced "up 2 b".

(c) section 4 Z 7 is as follows:



"7 2014/61/CE directive on measures to reduce the cost of the expansion of high speed networks for electronic communications, OJ "No. L 155 of 15.05.2014, S. 1."

3. Article 3 is amended as follows:

(a) after no. 4, 4a is inserted following Z:



"4 a."Third party service"(a service that meets the following characteristics: a) (the service is accessible via public communications services, b) (the service is operated with intention of return, c) (with the fees collected by the participants for the use of the service in more than is paid on average communication service provided up to the third-party, d) the initial allocation of remuneration is compared to the participant associated with the connection that is used in connection with the service and e) master data necessary for the clearing of the participant" are provided by the operators of communication services, maps to the port of the concrete use of service used in connection with the service;"

(b) to Z 5, following Z 5a and Z 5 b shall be inserted:



"5a."Financiers", the public subsidies for the development of communication infrastructure write out, forgiven or manage;

5b. 'Promoting advertisers' businesses or other bodies which apply for public funding for the expansion of communication infrastructure, such take or have taken or the communications networks operate, constructed using public funds;"

(c) after no. 9, 9a is inserted following Z:



"9a."Communication infrastructure"all active or passive elements of communication networks and accessories;"

(d) in Z 25, the point is replaced by a semi-colon at the end of the sentence.

(e) to Z 25 the following sections are added:



"26"Network provider"a providers of public communications networks in the sense of the Z-2 and Z 17, or a company, the physical infrastructure, which is designed to, generation, management or distribution services for oil, gas, district heating and electricity (including public lighting), to provide water (including wastewater treatment and disposal and sewer systems) or services (including rail, roads, ports and airports) or a cable car infrastructure (section 7f cableway law 2003" , Federal Law Gazette I no. 103/2003) operates;

27 in Downstreamrichtung to provide "High speed network for electronic communications" a communication network, which offers the possibility, broadband access services at speeds of at least 30 Mbit / s;

28 "Building" each result of a whole of low or high construction work which is sufficient to fulfil an economic or technical function as such and one or several components of a physical infrastructure includes;

29 "physical infrastructure" are components of a network, which can absorb other network components themselves but not to active network components, such as, for example, transmission lines, Poles, pipes, control chambers, manholes, junction boxes, buildings and building entrances, antenna systems, towers and piles; also unconnected glass fibers, are covered by the term Components of the networks for the supply of water intended for human consumption within the meaning of article 2 point 1 of Directive 98/83/EC on the quality of water intended for human consumption, OJ No L 330 of the 05.12.1998 p. 32, as last amended by Regulation (EC) No. 596/2009, OJ No. L 188 of July 18, 2009, p. 14 of the Council are used, are not physical infrastructure in terms of this provision.

30 'building internal physical infrastructures' physical infrastructure or facilities at the location of the end user (including component parts, which are the common property), that this are intended to include wired or wireless access networks, provided that such access networks are suitable to provide electronic communications services and the network termination point to connect the access point of the building.

31 building internal physical infrastructures, which are intended to include components of high speed networks for electronic communications or the supply with such networks to enable "high speed capable internal building physical infrastructure";

32. require "extensive renovations" low or high construction work at the site of the end user, which include structural changes in the entire building internal physical infrastructure or a substantial part thereof and approval;

33. a physical point inside or outside of the building, "Access point" is accessible to providers of public communications networks and enables connection to high speed capable building internal physical infrastructures;

34. structures and foundations, earthing, insulators, accessories and fittings that create lines or cable systems with an operating voltage of 110 kV or more to the transmission of electrical energy are used "Power line poles";

"35."Antenna masts"towers or other structures, which were built for the purpose, or actually used to antennas, which are those parts of a radio system, which serve directly to the transmission or reception of electromagnetic waves, to wear."

4. According to article 4, the following section 4a and heading shall be inserted:

"Grants

Section 4a. To achieve the objectives of this Federal Act, special-purpose grants may be granted based on special directives.



-Special-purpose contributions to standing outside the Federal Administration, natural or legal persons (including associations) are subsidies within the meaning of § 30 para 5 BHG BGBl. No. 139/2009.                           

"- Special-purpose contributions to municipalities, which in its own name and on its own account empty conduits to the closing of the gap in the nationwide construction of high speed networks for electronic communications build or operate are purpose grants within the meaning of § 12 ABS. 2 1948 financial Constitution Act, Federal Law Gazette No. 45/1948."

5. the heading before section 5 is as follows:

"Part 2

Use of infrastructure"

6 section 5 is amended as follows:

(a) in paragraph 1 Z 1 is the phrase "§ 8 section 6" by the phrase "§ 3 Z 35" replaced.

(b) paragraph 1 the following sentence is added:

"Agreements on rights are to present the regulator on their reasoned request."

7 section 6 is amended as follows:

a) paragraph 3 is as follows:


"(3) an agreement on the right of the line is reached between the debtor and the person entitled according to § 5 paragraph 3 or paragraph 4 or compensation a right of management according to § 5 paragraph 5 within a period of four weeks from the proven announcement of the project, each of the parties can call the regulatory authority for the decision."

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

"(4) provider of a public communications network have at the written request of a participant (§ 3 Z 19) rights pursuant to § 5, also officially (para 3 iVm § 12a), claim to make, if the participant"



a) in an upright contract for the provision of communications services with the provider is and b) credibly that he further of the provision for the provision of communication services required approval the landowners to the wiring in writing, although unsuccessfully, trying.

A settlement related to the property owner in accordance with article 5, paragraph 5, or any costs for the relocation of existing lines of communication (section 11) are in equity commensurate between the provider and the Subscriber. The Deployer has before and having regard to the amount of a payment obligation taken him explicitly to allow the participants, abandoning exercise of the right of the line on the right. The provider has to inform the participants in the case in question the rights and obligations under this paragraph in writing."

8. According to § 6, following sections 6a and 6B with headings shall be inserted:

"Coordination of construction works

§ 6a. (1) network provider, which directly or indirectly schedule funded construction work or run, wholly or in part from public grants must providers of a public communications network, which, in turn, plan the removal of components of high speed networks for electronic communications or run, on demand (para. 3) an offer to conclude of an agreement on the coordination of this work leave, provided them this economically reasonable and it, especially technical , is acceptable. Everyone concerned with this aim at the objective, to allow the coordination of construction works, and to facilitate. The costs associated with the coordination of construction works are to divide in proportionate.

(2) network providers can demand referred to in paragraph 1, subject to paragraph 1 set only reject 1 last half sentence,



(a) if demand coordination against the planned construction would cause additional costs and this is paid not by the sellers, b) if control of the planned construction would impede demand coordination, c) when receiving the demand already all necessary permits from the competent authorities requesting, d) where construction projects are concerned, was adopted for a regulation pursuant to paragraph 6.

Denials of requests are to justify in writing to the consumer and to make the conditions of rejection.

(3) requests referred to in paragraph 1 are in writing. The consumer has to make the existence of the conditions referred to in paragraph 1 and its intended expansion projects, including the area in which a coordination of construction work is intended, together with the intended schedule, to specify in detail.

(4) as regards any information that access providers of public communications networks or network providers according to para 1 to para 3 Note, § 48 para 2 is to apply mutatis mutandis. Agreements on the coordination of construction works shall be provided the regulatory authority on its reasoned request.

(5) an agreement on the coordination of construction works, including the reasonable expenses borne, within one month from the receipt of the demand is reached between the parties, each of the parties can call the regulatory authority for the decision.

(6) the regulatory authority may provide regulation for construction projects, which are in relation to value, scope or duration of minor importance, for exemptions from the obligations laid down in paragraphs 1 to 3. Interested parties before issuing a regulation under this paragraph is opportunity to comment. All such exceptions shall be communicated to the European Commission.

Access to minimum information on construction projects

§ 6 b (1) providers of public communications networks are entitled to receive in accordance with section 13a (4) over planned construction of physical infrastructures minimum information, to verify the possibility of coordination of construction work in accordance with section 6a of the.

(2) the central information office in accordance with section 13a makes the authorized pursuant to paragraph 1 without delay, in any case, within two weeks after receipt of the complete application in electronic form accessible the minimal information about the written request (para. 5), tells him where the requested minimum information in electronic form have been made publicly available or informed him about it, that the requested data is not available. This does not apply paragraph 5 and 5a procedural sense. Which 1 mentioned network Deployer para in § 6a from the central information service within reasonable time, but no later than within two weeks after the date of making available to the minimal information about the identity of the Nachfragers and that informs this information communicated.

(3) the network providers referred to in Article 6a, paragraph 1 the owner referred to in paragraph 1 have its separate written demand to inform him or her the minimum information that not can be made available pursuant to par. 2 of the central information service, to provide within two weeks upon the receipt of the full demand for a reasonable fee, where the coveted minimum information in electronic form have been made publicly available. Paragraph 4 shall apply mutatis mutandis.

(4) the applicant (paragraph 2) has to make the existence of the application conditions and anyway, along with the intended schedule in detail to indicate the area in which the development of a high-speed network for electronic communications is intended. Requests pursuant to paragraph 3 do not apply as demands on coordination of construction work in the sense of sec. 6a, but can be connected to such demands.

(5) the refusal to grant of access to minimum information according to para 2 and 3 is only to the extent permissible, as it the confidentiality or the protection of operating and business secrets is required for the security and integrity of networks, national security, public health or safety, or as it relates to physical infrastructure, the risk of disorder and destruction threatens involving joint building management , which affect the life or health of people, the maintenance of public peace, would have order and safety or serious impact on the economy of the country or where construction projects are concerned, for a regulation according to § 6a section 6 or section 13a, paragraph 8 was adopted. Each refusal is to the applicant, to establish in the case of para 2 with notification, in writing.

(5a) will include responding to written requests (para 2) minimum information, last sentence were referred by a network provider pursuant to § 13a 4, has the Central Observatory anyway, with decision of making the data accessible to the to deny. In every affected network providers have the party position.

(6) as regards any information that appears according to para 1 to para 5 Note providers of public communications networks or network providers, § 48 para 2 is to apply mutatis mutandis. Agreements on access to minimum information about construction projects shall be provided the regulatory authority on its reasoned request.

(7) an agreement on access to minimum information, including the appropriate fees within two weeks is reached between the buyers according to par. 3 and the maintenance debtor, any of the parties can call the regulatory authority for the decision."

9 section 7 is amended as follows:

a) paragraph 3 is as follows:

"(3) as soon as an offer is put the landowners compensation in accordance with the uniform indicative rate or if a such compensation has already been paid for a use for communication lines, the use of land for the purposes referred to in paragraph 1 is not inhibited. Agreements on rights of use shall be provided the regulatory authority on its reasoned request."

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

"(4) an agreement on the exercise of the right of use or payment within a period of four weeks after the offer on compensation is reached between the beneficiaries referred to in paragraph 1 and the property owners, each of the parties can call the regulatory authority for the decision."

10 § 8 shall be amended as follows:

a) paragraph 1 is as follows:


"(1) a way, management or right of use under this Federal Act or by other federal or state laws on the basis of a decision or an agreement with the owner who made, the shared use of those rights or of the needs on the basis of these rights wiring in buildings, masts, antennae, towers and other supporting constructions built buildings, parts of buildings or other structures for communication lines usable equipment, cables or other equipment such as building entrances," ", Pipes, ducts, conduits, cable ducts, manholes or junction boxes or parts thereof for communication lines in so far this permit, as him economically reasonable and it is justifiable, especially technical."

b) paragraph 1a are up to 1c:

"(1a) network providers the shared use of their physical infrastructure have to providers of public communications networks for the purpose of expansion of high speed networks for electronic communications on written demand to the extent allowed, as one of them economically reasonable and it is justifiable, especially technical."

(1B) owner or otherwise authorised by high speed capable internal building physical infrastructure and cabling in buildings, parts of buildings or other structures need to their shared use for communication lines up to the first concentration, distribution or access point by the provider of a public communications network as far as allowed, as one of them economically reasonable and it is justifiable, particularly technical and a doubling of this infrastructure would be economically inefficient or impossible.

(1C) exercise of the rights referred to in para 1, para 1a and 1 b are the use of existing facilities, as well as future technical developments, which demonstrably require the temporary Sooting of capacity, to take into account. "

(c) in paragraph 3, the phrase "in accordance with paragraph 1, 1a, 1c or 2" is replaced by the phrase "in accordance with paragraph 1, 1a, 1B or 2".

(d) in paragraph 4, the word "Non-monetary" is omitted.

(e) section 5 and 6 are eliminated.

11 article 9 is amended as follows:

a) paragraph 1 is as follows:

"(1) everyone in accordance with § 8 para 1, 1a and 1B obligated party must providers of a public communications network on written demand to submit a tender for sharing." Each obligated party in accordance with § 8 paragraph 2 must submit an offer for shared use providers of public communications networks as well as fire brigades, rescue services and security agencies upon written request. The components of the project, for the shared use is sought, including a precise schedule to specify are in demand. All those involved have to strive for the goal here, to enable the shared use and to facilitate."

b) paragraph 3 is as follows:

"(3) providers of public communications networks, the mobile communication services are publicly offered, are obliged to draw up agreements for the shared use of their antenna masts."

c) paragraph 4 is as follows:

"(4) agreements are in accordance with paragraph 3 and agreements on sharing rights according to § 8 to present the regulator on their reasoned request."

12. According to article 9, the following section 9a and heading shall be inserted:

"Access to minimum information on infrastructures and preliminary site investigations

section 9a. (1) providers of public communications networks are entitled to minimum information in accordance with section 13a, paragraph 2 last sentence about usable for lines of communication infrastructures, including physical infrastructure in accordance with § 3 Z 29, to receive, examine the possibility of a shared pursuant to section 8.

(2) the central information office in accordance with section 13a makes without delay, in any case, within six weeks of the receipt of the complete application in electronic form accessible the minimal information about the written request (paragraph 5) the beneficiaries referred to in paragraph 1 or agreed about the applicant, that the requested data is not available. This does not apply paragraph 6 and 6a procedural sense. The owner or otherwise beneficial owner of infrastructures will be from the central information service within reasonable time, but no later than within two weeks after the date of making available to the minimal information about the identity of the Nachfragers and that informs this information communicated.

(3) network providers have the minimum information that not can be made available pursuant to par. 2 of the central information service, to provide within two months of the receipt of the full demand for a reasonable fee the owner referred to in paragraph 1 as owner or otherwise authorised by the infrastructures referred to in paragraph 1 of its separate written demand (para. 5). Section 5 first sentence shall apply mutatis mutandis.

(4) network providers have on written demand of a deployer of a public communications network, which makes credible the intended expansion of a high-speed network for electronic communications, to the extent the joint before place study of its physical infrastructure components within one month after the receipt of the complete application (paragraph 5) for a reasonable fee, as you make this possible economically reasonable and it is justifiable, particularly technical.

(5) the applicant (paragraph 2) has to make the existence of the application conditions and anyway, along with the intended schedule in detail to specify the area of the development of a high-speed network for electronic communications has intended in the share pursuant to section 8, or in the case of paragraph 4. Requests pursuant to paragraph 3 do not apply as demands on granting of shared use in the sense of § 9 para 1, but can be connected to such demands.

(6) the refusal to grant of access to minimum information pursuant is para 2 and 3 or previous site investigations last half sentence after paragraph 4, subject to paragraph 4, only to the extent permitted by law, than it is necessary for the security and integrity of networks, the national security, the public health or safety, the confidentiality or the protection of operating and business secrets, or as it relates to physical infrastructure , involving a shared use threatens the risk of disorder and destruction, which affect the life or health of people who would have to maintain the public peace, order, and security or serious impact on the economy of the country or if infrastructures are concerned, the regulation according to § 13a, paragraph 8 was adopted. Each refusal is against the applicant in the case of para 2 with notice in writing to establish in cases of paragraph 3 and 4 compared to the demand.

(6a) includes minimum information responding to written requests (para. 2), last sentence were referred by a network provider according to section 13a, paragraph 3, has the Central Observatory anyway, with decision of making the data accessible to the to deny. In every affected network providers have the party position.

(7) as regards any information that access providers of public communications networks or network providers according to para 1 to paragraph 6 noted, § 48 para 2 is to apply mutatis mutandis. Agreements on access to minimum information about infrastructure and preliminary site investigations are to present the regulator on their reasoned request.

(8) an agreement on access to minimum information or about the before-site investigation, including the reasonable fees, within which in paragraph 3 or paragraph 4 is reached between the buyers according to paragraph 3 or 4, the committed period, each of the parties can call the regulatory authority for the decision."

13. in the heading the phrase "sections 5, 7, and 8" through the turn is to § 10 "sections 5, 6a, 6B, 7, 8 and 9a" replaced.

14 paragraph 10 section 1:

"(1) in the exercise of rights according to articles 5, 6a, 6B, 7, 8 and 9a is in minimal harassing way and with consultation conservation of unused land, buildings, parts of buildings or buildings or the unused equipment, lines, third party to proceed other facilities or physical infrastructure and rights." In particular, the beneficiary has during execution of works at his own expense for the tunlichste maintenance of proper use of unused land, buildings, parts of the building or buildings or the systems utilized to ensure lines, other facilities or physical infrastructure and to establish a klaglosen State after the work is completed as quickly as possible. Also is into account other existing or approved work to take."

15 article 11 is amended as follows:

a) para 1 first sentence reads:

"(1) the rights under articles 5, 6a, 6B, 7, 8 and 9a the loaded in the free disposal of their land, building, parts of the building or buildings or the equipment utilized, pipes, other facilities or physical infrastructures (modification, construction, installations or other measures that seem not allowed recourse to sections 5, 7, or 8) not impair."


(b) in paragraph 4, the phrase "according to articles 5, 7 and 8" by the word order is "for the sections 5, 6a, 6B, 7, 8 and 9a" replaced.

16 in the heading to § 12, in article 12, paragraph 1 and article 12 par. 4 is the phrase "after the sections 5, 7 and 8" by the phrase "according to §§ 5, 6a, 6B, 7, 8 and 9a" replaced.

17. in article 12, paragraph 2 is inserted after the word "Lines of communication" the phrase "or physical infrastructure".

18 paragraph 12a together with the heading:

"Procedure

section 12a. (1) the regulatory authority will be according to the § § 6, 6a, 6B, 7, 9, 9a or 11 called, she gives you the opportunity to set out his objections to the request within two weeks the respondent immediately for continuation of the procedure pursuant to article 121, paragraph 3 in writing and has been proven. On reasoned request, the regulatory authority may, if necessary, extend this period. In its decision, the regulator has to take into account only timely objections. This legal consequence is to point out expressly in the invitation to comment.

(2) on application, the regulatory authority shall without delay to decide anyway, but within six weeks after receipt of the opinion of the defendant or the expiry of the period for comment, if necessary, also with intermediate. The arrangement replaces the agreement which not concluded. The parties to the proceedings are obliged to participate in this process and to provide all information necessary to assess the situation and to submit the required documents.

(3) the cost of the fees to a non-official experts shall be borne by the person entitled. These costs can be divided into proportionate, if this is equitable."

19. in article 13, paragraph 1, the phrase "according to articles 5, 7, or 8" by the word order is "according to §§ 5, 6a, 6B, 7, 8 and 9a" replaced.

20 paragraph 13a together with the heading:

"Central information point for infrastructure data

§ 13a. (1) the regulatory authority shall in accordance with the following provisions until at the latest 1 January 2017 a central information point for infrastructure data to establish, maintain and regularly update.

(2) all institutions federal, the countries, the municipalities and the municipal associations of other government bodies, in the framework of its legitimate sphere of information in electronic form relating for communication lines usable equipment, cables or other facilities such as, for example, building additions, wiring in buildings, masts, antennae, towers and other supporting constructions, pipes, pipes, conduits, cable ducts, manholes and cabinets including physical infrastructure in accordance with § 3 Z 29 , have this information as soon as possible, at the latest until July 31, 2016, the regulatory authority in the way of official assistance (art. 22 B-VG) to make them accessible. The location and the piping to cover the type and current use of infrastructures, as well as a contact person (minimum information), unless these data are available electronically have this information.

(3) network providers have to make inform at the latest by 31 July 2016, accessible present in electronic form with them information about their infrastructure referred to in paragraph 2 of the regulatory authority. Par. 2, last sentence, shall apply. Network providers can call those locations and cable routes the message, involving joint use, the risk of disorder and destruction threatens which affect life or human health, the maintenance of the public peace, order and security, or serious impact on the economy of the country would have.

(4) network providers, the construction works financed wholly or partly from public aid plan directly or indirectly to their physical infrastructure, have the regulatory authority at least six months prior to the intended initial submission of a permit to the competent authorities as minimal information about this construction work site, and the nature of the work, to make available to the affected network components, the scheduled start and the planned duration of the construction work, and a contact person or to inform you about , where the requested minimum information in electronic form have been made publicly available. Network providers can call those locations and network components at the message, involving joint building management threatens the risk of disorder and destruction, which affect life or human health, the maintenance of the public peace, order and security, or serious impact on the economy of the country would have.

(5) the debtor pursuant to paragraph 2 to 4 have updates and all new items of the mentioned infrastructures, which are available with them in electronic form, accessible to the regulatory authority within two months of availability of information. The regulatory authority may extend this period, upon reasoned request by a maximum of one month, if this is necessary to guarantee the reliability of the information provided.

(6) the regulatory authority protects the data you made available according to paragraph 2 to 5 after the respective State of the art from unauthorised access.

(7) the regulatory authority has the detailed provisions on procedures to set b and 9a in particular about type, size, structure and data format of the information to be made her accessible according to para 2 to 5 and the query of this data in accordance with §§ 6 regulation. While the regulator has the objective provisions of § 1, to take into account in particular its paragraph 2 b, as well as the provision of § 125. Interested parties before issuing a regulation under this paragraph is opportunity to comment.

(8) the regulatory authority can not for communication lines with regulation as regards infrastructures, can be used, which are technically not suitable for the expansion of high speed networks for electronic communications or for construction projects, which are in relation to value, scope or duration of minor importance, provide for exceptions to the obligations set out in paragraph 2 to 5. Interested parties before issuing a regulation under this paragraph is opportunity to comment. All such exceptions shall be communicated to the European Commission."

21 according to § 13a, following sections 13 b and 13 c with headings shall be inserted:

"Central information Office for permits

§ 13 b. The regulatory authority published until at the latest 1 January 2017 as a central information point for permits on their homepage detailed general information about the conditions and procedures for the granting of permits for construction works, which are necessary, including any information concerning the applicable to such components exceptions to required permits for the construction of components of high speed networks for electronic communication and keeps this information up to date.

Building internal physical infrastructures

§ 13c. (1) all new buildings built on the site of an end user's, including related components, which are jointly owned and a construction permit has been requested for that after 31 December 2016, are with high speed capable internal building physical infrastructure (§ 3 Z 31) to equip up to the network termination points. This obligation also applies to extensive renovations (§ 3 Z 32), for which planning permission has been applied for after December 31, 2016.

(2) all newly built apartment buildings, a building permit has been requested for that after 31 December 2016, are with an access point (§ 3 Z 33) to equip. This obligation also applies to extensive renovations (§ 3 Z 32) of apartment buildings for which the construction permit was sought after 31 December 2016.

(3) for certain categories of buildings, particularly for single-family homes, or for extensive renovations exceptions can be provided from the obligations laid down in paragraphs 1 and 2, if the fulfilment of these obligations would be disproportionate, for example, in relation to the costs for individual owner or co-owner or in relation to the type of building, such as certain categories of monuments, historical buildings, holiday homes ", Military buildings and other buildings used for purposes of national security."

22. in article 16a, paragraph 9 be the phrase "Of the Federal Minister for transport, innovation and technology can after consultation with the regulatory authority" by "The regulatory authority may, in consultation with the Federal Minister for transport, innovation and technology and the Federal Minister of the Interior" and the word "set" by the word "set" replaced.

23. in article 17, paragraph 2, the phrase "The Federal Minister for transport, innovation and technology can" is replaced by the phrase "The regulatory authority may, in consultation with the Federal Minister of transport, innovation and technology".

24 paragraph 23 para 3:


"(3) the regulatory authority can set by regulation detailed provisions regarding the transfer of numbers. Care should be take that the porting party numbers as quickly as possible, no later than is activated within one working day after the agreement on the port in the host's network in particular on international agreements, the technical possibilities, the investment required for that purpose and it."

25 paragraph 24 paragraph 2:

"(2) the regulatory authority can set by regulation detailed provisions on a transparent and be aware of the necessary protection of the user provision of third-party services. For this purpose, in particular, access controls with regard to certain groups of users, the provisions relating to the application, time restrictions, rules about dialers can as well as payment information, price caps and type of calculation of the fees if they go beyond the content in a regulation pursuant to paragraph 1, be fixed. It is in the legitimate interests of end-users, to be taken into account, on the technical possibilities and that end users can control their spending. The regulatory authority shall annually within the framework of the report referred to in § 34 paragraph 2 through unfair practices and the measures to inform."

26. in article 25, para. 3, first sentence is replaced by the phrase "in an appropriate form" the phrase "in writing".

27. in article 25, para. 3 the following sentence is added:

"The regulatory authority also pursuant to § 91 may intervene when breaches of provisions referred to in this paragraph."

28. According to section 25 d, paragraph 2 shall be added following paragraph 3 and 4:

"(3) operators of communications services to consumers within the meaning of § 1 KSchG the termination after the entry into force of the Federal Act Federal Law Gazette I no. 134 / 2015 contracts in compliance with a notice period of one month permit, which the cancellation with the end of the following month is effective." Companies within the meaning of § 1 KSchG is the possibility, to conclude a contract with a notice period of one month to the end of the following month per communication service.

(4) in the case of breaches of provisions under those provisions the regulatory authority also pursuant to § 91 can intervene."

29. According to section 29, paragraph 2, the following paragraph 2a is inserted:

"(2a) without prejudice to differing statutory or contractual provisions operators of public communications services have the right, permanently and free of charge to block the connection of a participant for third-party services if participant denies charges for such services in at least two consecutive accounting periods."

30. in article 37, paragraph 2, the phrase "six months" by the phrase is replaced in the last sentence "one year".

31. in section 50 ABS. 1 is replaced the string "§ 23 para 2" with the string "section 23" and the string "23 para 2" with the string "23".

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

"(2) a permit may be granted also for a majority of radio transmitters and radio receivers, so distributed, erected in a given area to enable the provision of a comprehensive telecommunications service through technical cooperation, insofar as it is possible for all or several groups of radio transmitters, same



1. technical parameters and 2. incidental provisions that are required with regard to the operation of other radio systems, and 3. incidental provisions to ensure the objectives stated in § 73 para 2 together. Location of this radio equipment is the area specified in the authorization."

33. paragraph 86 section 4:

"(4) the telecommunications authorities are entitled, telecommunication systems, in particular radio equipment and telecommunications terminal equipment, or their parts in compliance with the provisions of this Act and on the basis of this law adopted regulations and administrative decisions, as well as at the request of the Office of radio equipment and telecommunications terminal equipment in compliance with the provisions of the Federal law on radio equipment and telecommunications terminal equipment, Federal Law Gazette I no. 134/2001 as amended, Federal Law Gazette I no. 123/2013" , to check. For this purpose, enter the land or premises where such facilities are or this is suspect, is the institutions of the telecommunications offices, who properly identify themselves, to allow. You are all necessary information about the facilities and their operating and deploying systems in the sense of the Federal law on radio equipment and telecommunications terminal equipment, Federal Law Gazette I no. 134/2001 as amended, Federal Law Gazette I no. 123/2013, to give. Approval certificates and the certificates issued in accordance with section 15 must be presented on request. Economic operators are obliged to provide any necessary support to furnish all necessary information, in particular about the origin of the equipment, as well as to produce documents and user information upon request and to allow the drawing of samples."

34. According to article 100, paragraph 1, the following paragraph 1a is added:

"(1a) for contracts that I no. 134/2015 of companies within the meaning of § 1 are completed consumer protection act after the entry into force of the Federal Act Federal Law Gazette, an invoice in electronic form can be provided in principle." This is in a memory-enabled format, as for example in pdf format to deliver to one of electronic address announced the participants and free of charge by the provider for a period of seven years to keep available. The ability of the participant to receive an unpaid invoice in paper form, must be excluded contractually."

35. According to § 104 paragraph 5, the following paragraph 6 is added:

"The regulatory authority also pursuant to § 91 to intervene (6) in the case of breaches of provisions these provisions."

36. § is amended 109 paragraph 3 as follows:

(a) to Z 1c, 1 d is inserted following Z:



"1 d. contrary to section 13a, paragraph 3 and 4 of the regulatory authority no or incomplete data makes available;"

(b) to Z 10, 10a is inserted following Z:



"10a. contrary to the sections 6a, subsection 4, 6 (para. 2 (b), 9a paragraph 7 or 48 para 2 inadmissible uses information or passes;"

(c) in Z 11 is the phrase after the word "against" "§§ 5 para 1, para. 4, 6a 6B para of 6, 7 para of 3, 9, para 4 or 9a paragraph 7 agreements or" inserted.

(d) in Z 11 replaces the phrase "reference interconnection offers or interconnection agreements" by "standard offers or agreements for network access".

(e) No. 19 is as follows:



"19 contrary to the provision according to § 104 not giving way, automatically and free of charge to suppress the display of the number or to reject an incoming call with a withheld number automatically and free of charge;"

37. in paragraph 117 Z 1 is the phrase "articles 6, 7, 9, 11" by the phrase "articles 6, 6a, 6B para 7, 7, 9, 9a paragraph 8, 11" replaced.

38. at the end of section 117, no. 7 is inserted the phrase "as well as applications to the European Commission in accordance with article 47, paragraph 1".

39. in article 120, paragraph 5 the phrase "the Verwaltungsgerichtshof" is replaced by the phrase "the Federal Administrative Court".

40. Article 121 is amended as follows:

a) paragraph 1 is eliminated.

b) par. 2 and 3 are:

"(2) applications concerning section 117 Z are 1, 2, 7 and 7a at the Rundfunk und Telekom Regulierungs-GmbH to carry out a dispute settlement procedure to forward.

(3) an application under paragraph 2 on the Rundfunk und Telekom Regulierungs-GmbH is passed, is making a dispute settlement procedure. Z 1 within four weeks and in proceedings according to section 117 is in proceedings according to § 117 Z 2, 7 and 7a within six weeks is an amicable solution brought about, discontinue the procedure at the Telekom-Control Commission, otherwise is to continue the procedure there. The Telekom-Control Commission decides Z 2, 7 and 7a within four months in proceedings according to § 117. This decision replaces an agreement that is to be taken. The parties of the dispute settlement procedure are required to participate in this process and to provide all information necessary to assess the situation and to submit the required documents."

41. Article 122 is amended as follows:

a) par. 1 No. 2 is as follows:



"2. about one injury claimed this Federal Act, an Ordinance issued on the basis of this Federal Act, or permit,".

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


"(1a) funding bodies (§ 3 Z 5a) the regulatory authority can the access offers prescribed the conditions of their support by promoting advertisers (§ 3 Z 5 b) submit to the test." The regulator has to examine the access offers in particular for compliance with this federal law, the regulations adopted on the basis of this Federal Act and notices, as well as the eligibility criteria and its opinion on the audited access offers to be communicated to the parties to the proceedings. The promotion shall have to paying an allowance for expenses of the regulatory authority, to measure their height after performing the audit-related personnel and administrative expenses of the regulatory authority and attributable to the costs of the regulatory authority to be funded 34 KommAustria Act pursuant to § is. Promote advertisers are obliged to participate in the procedure and to provide all information necessary for assessing the State of affairs at the request of the regulatory authority to submit the necessary documents."

(c) para 2 first sentence reads:

"The regulatory authority can set guidelines for the carrying out of the procedures provided for in paragraph 1 and paragraph 1a, with adjusted deadlines for the completion of the procedure to determine are in particular of the relevant facts."

42. According to § 133 paragraph 14, 15 the following paragraph shall beadded:

"(15) section 65, subsection 2 last sentence occurs with 1 January 2016 override."

43. According to article 137, paragraph 6, the following paragraph 7 is added to:

"(7) sections 25 d para 3 as amended by Federal Law Gazette I no. 134/2015 is three months after the announcement of the Federal Act Federal Law Gazette I no. 134/2015 in force."

Article 2

Amendment to the KommAustria Act

The Federal law on the establishment of a communications authority ("KommAustria") and I a Federal Communications Senate (KommAustria Act - KOG), Federal Law Gazette No. 32/2001, as last amended by Federal Law Gazette I no. 86/2015, is amended as follows:

1. in article 34, after paragraph 1, the following paragraph 1a is inserted:

"(1a) in addition to the subsidy from the federal budget referred to in paragraph 1 a further grant from the federal budget of 142 135 euros is the RTR-GmbH from the year 2016 in two equally high partial amounts by 30 January and 30 June to transfer." This amount decreases or increases beginning in 2017 in the extent in which he changed Statistics Austria announced consumer price index 2010 or his place index of the previous year by the Federal Office. Para 1 third sentence shall apply."

2. § 45 13 the following paragraph is added:

"An additional fee in the amount of 1 288 780 euros from funds from the federal budget is the RTR-GmbH in the calendar year (13) by way of derogation from article 34, paragraph 1 2016 by 30 January to transfer."

Article 3

Amendment of the Federal Act on radio equipment and telecommunications terminal equipment

The Federal law on radio equipment and telecommunications terminal equipment - FTEG, Federal Law Gazette I no. 134/2001, as last amended by Federal Law Gazette I no. 123/2013, is amended as follows:

§ 13 para 2 is omitted.

Article 4

Amendment of the postal market Act

The postal market Act - PMG, Federal Law Gazette I no. 123/2009, as last amended by Federal Law Gazette I no. 96/2013, is amended as follows:

1. paragraph 11 paragraph 1:

"(1) on a working day, excluding Saturdays, up to the closing time for the transport passed (supplied) domestic, within the framework of the universal service for Chartered correspondence must be; delivered the annual average to at least 95% of the first posting following working day, except Saturday, and at least a share of 98% at the latest on the second posting following working day, excluding Saturdays," the remaining mail must be within 4 business days, excluding Saturdays, delivered from the posting date. This does not apply for direct mail and non-priority letters in the universal service, while for the latter the runtime requirements of § 32 para 4 go no. 1 to the application. The closing time is published in every post office."

1a. section 32 para 4 No. 1 is as follows:



"1. you must be; delivered on a business day, except Saturday, passed up to the closing time for the transport (supplied) domestic letter mail in the universal service area annual average to at least 90% of the fourth on the delivery day following working day, excluding Saturdays, the remaining mail must be delivered within 6 working days from the delivery date. This does not apply for direct mail."

2. paragraph 37 paragraph 1:

"(1) postal authority is the Federal Minister for transport, innovation and technology as a Supreme post authority."

3. § 37 para 3 and 4 are:

"(3) the local jurisdiction of Supreme postal authority and the regulatory authority includes the entire Federal territory.

(4) to carry out administrative procedures under this Federal Act, that's for the entire Federal territory with § 113 paragraph 2 No. 4 of the Telecommunications Act 2003, Federal Law Gazette I no. 70/2003, a telecommunications Office for Vienna, lower Austria and Burgenland responsible. Against whose decisions appeal to the Federal Administrative Court may be raised."

Fischer

Faymann