107. Regulation of the Federal Minister for transport, innovation and technology through the replacement of the investment costs of the supplier for the provision of the facilities that are required for the access to data of a message delivery including the information about stock data (investment cost replacement regulation - IKEV)
Because of section 94 para 1 of the Telecommunications Act 2003 (TKG 2003), Federal Law Gazette I no. 70, as last amended by Federal Law Gazette I no. 102/2011, in the agreement is with the Minister for Justice, the Minister of finance and enacted the Federal Minister of the Interior:
Scope of application
1. (1) this regulation lays down the reimbursement of costs, the a provider (§ 92 para. 3 Z 1 TKG 2003) has applied for the provision of the facilities that are required for the transmission of data referred to in section 94 (4) TKG.
(2) a reimbursement can be sought only for those investments, which the provider II No. 402/2011, arising solely from the implementation of data security regulation TKG (DSVO), Federal Law Gazette.
Basis of assessment
2. (1) depends on the base costs (personnel and general administrative expenses), which the provider had to spend to set up the functions required in accordance with the provisions of the DSVO in its facilities. In this context are particularly taken into account: 1 cost 2. set-up costs 3. in the base only to the extent a power adjustment costs 4. license costs (2) which is paid sales tax by the provider, is entitled as the provider not to deduct of the input tax.
§ 3 (1) provider, which at the RTR-GmbH reported sales of the RTR GmbH for the year 2012 in accordance with § 34 paragraph 8 KommAustria Act (KOG), Federal Law Gazette I Nr. 32/2001, published turnover threshold is, have the information necessary for determining the basis of assessment in accordance with this regulation within three months after the entry into force of this regulation to the Federal Minister of transport to deliver innovation and technology. No transmitted the information required, despite prompt and a reasonable grace has the Federal Minister for transport, to appreciate the basis of innovation and technology.
(2) the supplier has to justify the necessity and extent of the services, to break down in particular the asserted costs in the individual cost items and evidence; where appropriate, the provider has also to justify the extent to which he is not entitled to deduct of the input tax.
4. (1) the Federal Ministry for transport, innovation and technology has to determine the amount of reimbursable costs after expiry of the period specified in article 3, paragraph 1 by decision and to set the amount you wish to withdraw, taking into account the advance payment (§ 5 para. 1). The replacement to a provider is 80% of the assessment basis determined in accordance with section 2. This amount is the amount determined in accordance with paragraph 2.
(2) are 20% of the investment costs incurred for the pass authority established in accordance with the DSVO of Federal Data Center GmbH to divide by the number of providers referred to in article 3, paragraph 1.
Time of refunding
5. (1) the Federal Minister for transport, innovation and technology has the party referred to in article 3, paragraph 1, whose Umsatz amounted to over 100 million euros in 2011, 235,000 euros per in 2011 to EUR 100 million amounted to providers and providers, whose sales in advance to replace 12,500 euros per provider. The legal claim hereupon emerges with entry into force of this regulation.
(2) the balance resulting cost pursuant to section 4 of is by the Federal Minister for transport, innovation and technology within eight weeks of the legal force of the decision to replace.
(3) the amount disbursed on the basis of paragraph 1 is higher than the costs identified pursuant to article 4, is back to reimbursed the difference within four weeks after legal effect of the notification by the provider.
Entry into force
§ 6. This Regulation shall enter into force April 1, 2012. It is to apply also to investments in the sense of article 1 that a provider has committed before its entry into force.
7 references in this regulation to other legal provisions of the Federation are to be understood as references to the applicable version.