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)

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224. Regulation of the Broadcasting and Telekom Regulatory GmbH, which changes the communication parameter, fee and value-added services regulation 2009 (KEM-V 2009)

On the basis of § § 24 (1) and (2) and 63 of the Federal Act, which enacted a telecommunications law (Telecommunications Act 2003-TKG 2003), BGBl. I N ° 70/2003 idF BGBl. I No 102/2011, shall be arranged:

The regulation of broadcasting and telecom regulation GmbH, which lays down rules for communication parameters, charges and value-added services (communication parameter, remuneration and value-added services regulation 2009-KEM-V 2009), BGBl. II No 212/2009 idF BGBl. II No 333/2010, shall be amended as follows:

1. In the table of contents, the heading is before § 96 "operator selection test call number" replaced by "Operator test call number" .

2. In the table of contents, the heading is before § 114 "Network announcement suppression prefix" replaced by "announcement prefix" .

3. The word order in the table of contents " § 116. Choice of network announcement-Suppression prefix " through the phrase " § 116. Election of the announcement prefix " replaced.

4. § 3 Z 16 lit. d is:

"(d) the remuneration, which is incoherent by the participant in the use of the service, shall, on average, be more than the service provided to the service provider,"

5. § 3 Z 16 lit. j is:

"(j) the correct company name of the respective service provider is shown on the invoice;"

6. § 10 (1) reads:

" (1) On request, RTR-GmbH shall be prefixed to communications service providers, communications network operators, or parts thereof, depending on the respective call number range-numbers or parts thereof, as well as operator identification numbers relating to the operator selection prefix. Service providers to be allocated for a limited period of time to at least 180 days. "

7. In § 10, the following paragraph 1 is inserted after paragraph 1:

"(1a) An allocation in accordance with paragraph 1 shall then enter into an unlimited allocation for used telephone numbers if an advertisement has been made in accordance with § 15 (1) before the expiry of the time limit specified in the notice."

8. In Section 10 (2), the word order shall be " Delivery Act, BGBl. No 200/1982 idF BGBl. I No 5/2008 " through the phrase " Delivery Act, BGBl. No 200/1982 idF BGBl. I No 111/2010 " replaced.

9. § 15 (1) and (2) reads:

" (1) The recording and adjustment of the use of assigned telephone numbers shall be indicated by the communication service providers or communications network operators of RTR-GmbH in the electronic format specified by this information.

(2) The use of allocated telephone numbers may only be interrupted for more than 180 days if the criteria in the sense of § § 11 and 12 are available with a view to the re-allocation of these numbers. "

10. § 15 (3) deleted.

11. In § 15, the following subsection (4a) is inserted:

" (4a) If several call number blocks are allocated to the same communication service operator within a call number block in accordance with § 11 paragraph 2 Z 1, all call number blocks in accordance with § 11 paragraph 2 Z 2 shall be deemed to be used if at least a call number from one of these call number blocks is used. "

Section 53 (2) reads as follows:

" (2) From the dispatch holder, a telephone exchange acceptance point shall be provided under a telephone number free of charges for the caller from the date on which a public telephone service is received, using the allocated geographical area Mandatory to offer call numbers. "

13. In § 57 (1), after lit. e the following lit. f is added:

"(f) the representative body responsible for the respective authority which is subordinate to a legal person under public law, in so far as there is competence in the area of national law or national law,"

14. § 63 (2) reads:

" (2) From the dispatch holder, a telephone exchange acceptance point is under a telephone number free of charges for the caller from the date of the recording of a public telephone service by using the allocated mobile telephone number. Mandatory to offer call numbers. "

Section 73 (2) reads as follows:

" (2) From the dispatch holder, a telephone exchange acceptance point shall be provided under a telephone number free of charges for the caller from the date of the recording of a public telephone service using the allocated telephone numbers in the telephone number in the To offer area 720 mandatory. "

16. § 78 (6) reads:

" (6) From the dispatch holder, a telephone exchange acceptance point shall be placed under a telephone number free of charges for the caller from the date of the total reception of a public telephone service using the allocated telephone number assigned to the telephone service provider. calling numbers in the 780 area mandatory. "

17. In Section 94 (2), the phrase " Number Transfer Regulation, BGBl. II No 513/2003 (NÜV) " through the phrase " Number Transfer Ordinance 2012 (NÜV 2012), BGBl. II No 48/2012 " replaced.

18. § 94 (5) deleted.

19. In Section 94 (9), the phrase "in paragraphs 1 to 5" through the phrase "in paragraphs 1 to 4" replaced.

Article 95 (7) is deleted.

21. Before § 96, the title shall be "operator selection test call number" replaced by "Operator test call number" .

22. § 96 reads:

" The operator test call number is a national call number and allows the user to check a carrier selection or operator preselection as well as to determine which telephone service provider a call to national geographical call numbers is carried out. "

23. In § 97, the phrase "operator selection test call number" through the phrase "Operator test call number" replaced.

Section 98 (2) reads as follows:

"(2) Telephone service providers may, under this telephone number, switch to a voice message indicating which telephone service provider shall pay off calls which are chosen in the same way as the operator's test call number."

25. § 109 reads:

" An operator-individual operator selection prefix is used for the free selection of a telephone service provider. It shall also be used for the connection-related lifting of an existing operator's pre-selection. "

26. § 112 (1) reads:

"(1) From the dispatch holder, a telephone exchange acceptance point shall be offered under a telephone number free of charges for the caller from the date of the reception of a public connection network service."

27. § 113 reads:

" The functions of selecting an operator selection prefix result in accordance with an obligation pursuant to § 41 TKG 2003. In any case, the choice of a public short call number for emergency call services after the selection of an operator selection prefix is permissible. Such calls shall be sent to the appropriate emergency services. "

28. Before § 114, the title shall be "Network announcement suppression prefix" replaced by "announcement prefix" .

29. § 114 (1), (2) and (3) reads:

" (1) The announcement prefix is used to activate or suppress an announcement for the purpose of tariff transparency with ported mobile telephone numbers.

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

(3) The offering of the possibility of activation or suppression of the announcement by means of the announcement prefix is not mandatory. "

30. In § 114, the following paragraph 4 is added:

"(4) It is the responsibility of the respective operator to determine whether a connection is established after the election has been made in accordance with paragraph 2 or if an announcement according to paragraph 1 is exclusively carried out without subsequent connection setup."

31. In § 115, the phrase "Network announcement suppression prefix" through the phrase "announcement prefix" replaced.

32. Before § 116, the heading "Choosing the Network announcement-Suppression Prefixes" replaced by "Election of the announcement prefix" .

§ 116 reads:

"The announcement prefix may only be followed by a national or international choice of a mobile phone number."

34. In § 117, the following paragraph 3 is added:

"(3) In the case of the provision of value-added services, the service provider must ensure that the service is provided in a timely manner, taking into account the content of the service, and that the service is complied with in a transparent manner to the underlying legal transaction."

35. In § 118, the following paragraph 8 is added after paragraph 7:

" (8) In the case of call numbers from the areas 810, 820 and 821, the communication service provider, who in accordance with § 3 Z 34 together with the service provider decides to pay the fee, shall display this fee in the electronic format of the service provider, which is predetermined by RTR GmbH. RTR-GmbH has to publish these charges on its website. "

36. In § 127, the following is added after paragraph 8 of the following paragraph:

" (9) All rights of use for operator measures in area 89, beginning with paragraph 9, shall apply from 1. Jänner 2013 as revoked. "

37. In § 128, the following paragraphs 7 and 8 are added in accordance with paragraph 6:

" (7) The changes to the table of contents as well as to § § 3 Z 16, 10 para. 1, 1a and 2, 15 para. 1, 2 and 4a, 53 para. 2, 57 para. 1 lit. f, 63 para. 2, 73 para. 2, 78 para. 6, 94 para. 2 and 9, 96, 97, 98 para. 2, 109, 112 para. 1, 113, 114 to 116, 117 para. 3, 127 (9) as well as the transcripts before § 96, 114 and 116 in the version BGBl. II No. 224/2012 will enter into force on 30 June 2012.

(8) Section 118 (8) shall enter into force 1. Jänner 2013 in force. "

38. In § 129, the following paragraph 3 is added after paragraph 2:

"(3) The provisions of § § 15 (3), 94 (5) and 95 (7) shall not apply with effect from 30 June 2012."

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