Change The Communications Parameters, Fees And Value-Added Services Ordinance 2009 (Kem-V 2009)

Original Language Title: Änderung der Kommunikationsparameter-, Entgelt- und Mehrwertdiensteverordnung 2009 (KEM-V 2009)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997414/nderung-der-kommunikationsparameter-%252c-entgelt--und-mehrwertdiensteverordnung-2009-%2528kem-v-2009%2529.html

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224. Regulation of Rundfunk und Telekom Regulierungs-GmbH, with the communications parameters, fees and value-added Services Ordinance 2009 (KEM-V 2009) is amended

On the basis of § 24 para 1 and para. 2 and 63 of the Federal law, a telecommunications law is adopted with the (Telecommunications Act 2003 - TKG 2003), Federal Law Gazette I no. 70/2003 idF BGBl I no. 102/2011, is prescribed:

The regulation of Rundfunk und Telekom Regulierungs-GmbH, with the provisions for communications parameters, fees and value-added services are set (communications parameters, fees and value-added Services Ordinance 2009 - KEM-V 2009), Federal Law Gazette II No. 212/2009 idF BGBl. II No 333/2010, is amended as follows:

1. in the table of contents the heading is replaced "carrier selection test number" before section 96 by "operator test number".

2. in the table of contents, the heading is replaced "Network announcement repression prefix" before section 114 by "Announcement prefix".

3. in the table of contents, the phrase "§ 116. choice of the network announcement repression prefix" is replaced by the phrase "§ 116. choice of announcement prefix".

4. § 3 Z 16 lit. d is as follows:

"(d) with the fee collected by the participants for the use of the service in more than the communications service provided to the service provider is compensated on average"

5. § 3 Z 16 lit. j is as follows:

"(j) the correct company name of the respective service provider is designated on the Bill;"

6 paragraph 10 section 1:

"(1) at the request of numbers or parts thereof, as well as operator metrics are the RTR-GmbH - depending on the respective number range - in connection with the carrier selection prefix to communication service providers, to use limited to at least 180 days allot communications network operator or service provider."

7. in section 10, after paragraph 1, the following paragraph 1a is inserted:

"(1a) an assignment referred to in paragraph 1 enters then for used phone numbers a permanent allocation, if an is displayed in accordance with § 15 para 1 before expiry of the period laid down in the decision."

8. in section 10, paragraph 2, the phrase is "extra Act, Federal Law Gazette No. 200/1982 idF BGBl I no. 5/2008" by the phrase "extra Act, Federal Law Gazette No. 200/1982 amended Federal Law Gazette I no. 111/2010" replaced.

9 paragraph 15 par. 1 and 2:

(1) who are recording and setting the use of allocated numbers to show the communication service operators or communication operators of RTR-GmbH in the prescribed electronic format.

(2) the use of allocated numbers may only be for longer than 180 days interrupted, if the criteria within the meaning of §§ 11 and 12 in terms of a further allocation of these numbers."

10 paragraph 3 deleted § 15.

11. in article 15, after paragraph 4, the following paragraph 4a is inserted:

"(4a) are several blocks of telephone number in accordance with § 11 para. 2 No. 2 within a block of phone number in accordance with § 11 para. 2 Z 1 assigned to same communication service providers, so all blocks of telephone number in accordance with § 11 para. 2 apply Z 2 be used, if at least a phone number from one of these number blocks is used."

12 paragraph 53 para 2:

"(2) by the licence holder is a telephone agency disorder under one for the caller free or source network based telephone number from the date of the recording of a publicly available telephone service using the allocated geographical numbers are mandatory to offer."

13. in § 57 para 1 is lit. following e lit. f added:

f) that insofar as such a subordinate authority, a legal person of public law representative authorized organ for the respective federal or national responsibility,

14 paragraph 63 paragraph 2:

"(2) by the licence holder is a telephone agency disorder under one for the caller free or source network based telephone number from the date of the recording of a publicly available telephone service using the assigned mobile telephone numbers are mandatory to offer."

15 paragraph 73 para 2:

"(2) by the licence holder is a telephone agency disorder under a for the caller to offer mandatory fee-free or source network based telephone number from the date of the recording of a publicly available telephone service using the allocated numbers in the area of 720."

16 paragraph 78 paragraph 6:

"(6) by the licence holder is a telephone agency disorder under a for the caller to offer mandatory fee-free or source network based telephone number from the date of any recording of a publicly available telephone service using the allocated numbers in the range of 780."

17. in article 94, paragraph 2, the phrase is "numbers transmission regulation, Federal Law Gazette II No. 513/2003 (Nummernübertragungsverordnung)" by the phrase "numbers transmission regulation 2012 (Nummernübertragungsverordnung 2012), Federal Law Gazette II No. 48/2012" replaced.

18 paragraph 5 deleted § 94.

19. in section 94, paragraph 9, the phrase "in para 1 to 5" is replaced by the phrase "in para 1 to 4".

20 paragraph 7 eliminates § 95.

21 prior to section 96, the heading "carrier selection test number" is replaced by "operators test number".

22 paragraph 96:

"The operator test number is a national phone number and allows the user to check a carrier selection or pre-selection, as well as to determine what phone service provider a call is in progress to national geographic numbers."

23. in article 97, the phrase "carrier selection test number" is replaced by the phrase "operator test number".

24 paragraph 98 paragraph 2:

"(2) telephone service provider may switch a voice message at this number, indicating which phone service provider settles talks, who are elected in the same manner as the operator test number."

25 paragraph 109:

"An individual operator carrier selection prefix is the free choice of a telephone service provider. It serves the connection-related revoking of a possibly existing CPS."

26 paragraph 112 paragraph 1:

"(1) by the licence holder is a telephone receiving Office disorder under a free for the caller or source network based telephone number from the moment of a public connection service to offer."

27 paragraph 113:

"The features when choosing a carrier selection prefix are TKG pursuant to an obligation pursuant to § 41 2003. Anyway, the choice of a public short number for emergency services after selecting a carrier selection prefix is allowed. Such calls are to deliver the appropriate emergency services."

28 prior to section 114, the heading "Network announcement repression prefix" is replaced by "Announcement prefix".

29 paragraph 114 para 1, 2 and 3:

"(1) the message prefix is used for the any activation or repression of an announcement for the purpose of tariff transparency to ported mobile phone numbers.

(2) selecting the message prefix, followed by the choice of a mobile phone number, a possible announcement of a ported mobile number for the respective call is enabled or suppressed.

(3) offering the possibility of the activation or suppressing the message using the message prefix is not mandatory."

30. in paragraph 114, the following paragraph 4 is attached pursuant to paragraph 3:

"(4), it is whether the relevant operator to determine whether a connection is established the discretion referred to in paragraph 2 or is only an announcement referred to in paragraph 1 without subsequent connection."

31. in article 115, the phrase 'Network announcement repression prefix' is replaced by the phrase "Announcement prefix".

32. prior to section 116, the heading "Choosing the network announcement repression prefix" is replaced by "Choice of announcement prefix".

33. paragraph 116:

"Only a national or international choice of a mobile phone number may follow the announcement prefix."

34. in paragraph 117, the following paragraph 3 is attached pursuant to par. 2:

"(3) for the provision of value added services, the service provider that has ensured that the service, taking into account the content of the same, timely is provided and is best suited in a transparent manner the underlying legal transaction."

35. in paragraph 118 8 the following paragraph is added after paragraph 7:

"(8) in the case of telephone numbers from the fields of 810, 820 and 821 has the communications service operators who pay sets Z 34 together with the service provider in accordance with § 3, to display this payment in the electronic format provided by the RTR-GmbH this. The RTR-GmbH has to publish such fees on their website."

36. in article 127 9 the following paragraph is added after paragraph 8:

"(9) all rights of use starting apply for operator key performance indicators relating to 89 with 9 from 1 January 2013 as revoked."

37. in paragraph 128 the following para 7 and 8 is added after paragraph 6:

"(7) the changes to the table of contents as well as the § 3 Z 16, 10 para 1, 1a and 2, 15 para 1, 2 and 4a, 53 para of 2, 57 para 1 lit. f, 63 par. of 2, 73 para of 2, 78 para of 6, 94 (2) and 9, 96, 97, 98 para 2, 109, 112 para 1, 113, 114 to 116, 117 paragraph 3, 127 paragraph 9 as well as the headings before the section 96, 114 and 116 as amended by Federal Law Gazette II No. 224/2012 apply with June 30, 2012.

(8) article 118 par. 8 effective with January 1, 2013."

38. in article 129, the following paragraph 3 is attached pursuant to par. 2:

"Para of 3, 94 para of 5 and 95 par. 7 contact (3) the provisions of § § 15 June 30, 2012 except force."

Serentschy