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Communication Regulation - Mitv

Original Language Title: Mitteilungsverordnung – MitV

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239. Regulation of the Broadcasting and Telekom Regulatory GmbH, which defines the level of detail, content and form of the notification of amendments not exclusively favourable to the beneficiaries in accordance with Section 25 (3) of the TKG 2003 (Communication Regulation-MitV)

Due to § 25 (3) TKG 2003, BGBl. I N ° 70/2003 idF BGBl. I No 102/2011, shall be arranged:


§ 1. The purpose of this Regulation is to provide a transparent communication to participants on the forthcoming unilateral changes to the contractual conditions by operators of telecommunications services pursuant to section 25 (3) of the TKG 2003.

§ 2. The operator shall inform the participant in such a way that the participant can easily obtain concrete knowledge of the content and the impact of the changes on the contractual relationship in question.

Level of detail of the communication

§ 3. (1) The participant shall be presented separately with the essential content of all non-exclusive changes for each of the existing contractual relationships. If several contractual relationships are affected by identical changes, a joint presentation of the changes for the contractual relationships concerned is possible.

(2) In particular, in the context of the following regulatory content, the communication has, in any case, the presentation of the contractual arrangements currently in force and the proposed new arrangements for the concrete, subject to change. Contractual relationship to include:


Periods of notice and notice of notice,




Hikes and increases


Introduction of new charges.

(3) It should be admitted whether the charges are one-off, regular or variable. In the case of regular charges, it shall be stated at which intervals the fee is charged.

Contents of the Communication

§ 4. (1) The communication to the participant shall then be sent to the heading "Important Information" with the following wording: " We shall inform you of a change in the terms of the contract which is not exclusively favourable. It is intended to be used for your contractual relationship as of [mentioning the in-force date of date]. Your contractual relationships [designation of the contractual relationship/contractual relationships] shall enter into force: ".

(2) The main content of the amendments which are not exclusively favourable to them shall be presented in accordance with § § 2 and 3.

(3) The participant shall also be informed of his right to terminate the contract free of charge until the date of entry into force of the changes: " On the basis of the proposed changes, you have the right to use the above mentioned To cancel the contractual relationship or the above mentioned contractual relationships free of charge until the entry into force of the changes on the [mentioning of the in-force date of the date]. In the event of termination on the basis of this special right to terminate the contract, no residual charges for a minimum contract period, which may still be in existence, are not covered. Benefits shall be subject to benefits. The termination must be received by us by the date mentioned above, so that it takes place in due time. "

(4) The wording of Section 4 (1) and (3) shall be worded with the planned date of entry into force of the amendments and the contractual relationship or relationship concerned. to supplement the contractual relationships concerned if several contractual relationships are affected by identical changes.

(5) In the event that an appeal by the participant against planned changes to the terms of the contract has been agreed between the operator and the participant, the regulation should be applied in a reasonable way and the wording of section 4 (1) and (3) of the regulation shall apply. .

Form of communication

§ 5. (1) The operator shall ensure that the participant receives his notification at least one month prior to the entry into force of the proposed contract changes.

(2) The communication shall meet the following requirements in its design:


The font size must correspond at least to the font size otherwise used in the communication for the flow text, and must be easily readable.


The communication is to be redefined. Within the framework, only the text defined in accordance with § 4 may be displayed.


The heading is to use the text "Important Information". The heading must be centered.


If the message contains a subject, the text "Important information about contractual changes" should be used.


In any case, the communication is to be presented on the first page.

In-force pedals

§ 6. This Regulation shall enter into force on 1 August 2012.