45. Regulation of Rundfunk und Telekom Regulierungs-GmbH, with the facilities to control costs and cost containment for delegates use of telecommunications services be prescribed (cost limitation Ordinance – KostbeV)
On the basis of § 25a of the TKG 2003, Federal Law Gazette I no. 70/2003 in the amended Federal Law Gazette I is no. 102/2011, prescribed:
§ 1. With this regulation to cost control and cost containment facilities for delegates use of certain telecommunications services be set pursuant to section 25a of the TKG 2003, to allow a transparent use of communications services and to protect the participants from surprisingly high bills for telecommunications services.
Scope of application
2. (1) this Regulation applies to all public telecommunications services via terrestrial mobile networks, offered in the Federal territory insofar as the provision of public telephone services, SMS services and data services with consumption-dependent billing, offered to end users.
(2) this regulation does not apply: 1. telecommunication services which are provided via a fixed network termination point or public stations, 2. participant ratios based on pre-paid rates that 3 participant conditions with a pool collective that of entrepreneurs within the meaning. § 1 Consumer Protection Act are completed, 4. roaming in foreign mobile networks, 5 public telephone services, which are offered regardless of the access network.
(3) Furthermore this regulation does not apply to participant ratios, which with entrepreneurs within the meaning. § 1 Consumer Protection Act complete participants, requested except in writing by the operator whose future application for some or all of its connections. In the event of a dispute, the operator in accordance with its documentation requirements pursuant to section 6 para 2 has to prove that the ratio of participants was completed by the participants in business property. This proof is not produced, the participants in the scope of this regulation is to treat consumers as.
Definitions and codes of conduct
3. (1) within the meaning of this regulation means: 1 "Port" is associated with the participants connect to the public telephone network or the Internet and thus in related services, as allocation criteria for the allocation;
2. "auto-lock" a free facility, which eliminates non-gratuitous use of the service until the end of the current billing cycle in such a way that it is ensured that reach no higher than the fee amount to charge each arranged in this regulation, unless the participant agrees continued fee-based service use according to para 2 Z 1 to;
3. "limited flat-rate" with a fixed base or package fee is already paid a tariff, which contains limited package volumes expressed in specific units, their use and if exceeded, a consumption-dependent billing is carried out;
4. "mobile data services" services, which provide access to a data network and related services via terrestrial mobile networks using packet switched data transmission;
5. a rate for the lump-sum volumes within a Subscriber relationship by several participants with multiple SIM cards shared "Pool tariff" and consumed;
6. "Pre paid rate" this through the use of the service consumed a plan in which the participants prior to use of services itself acquires credits, and where after consumption of credits, no consumption-dependent billing is carried out;
7 "other services" services other than mobile data services within the scope of article 2;
8. "consumption-based billing" means a settlement methodology, which is used either directly at the beginning of the use of the service or after consumption of fixed volumes contained in limited flat-rate tariffs and of, the applicable charge depends on the actual use;
9 "Warning device" a free facility, with the appropriate manner at least but also by SMS, active on the participants with regard to the charges already incurred or remaining flat volumes information is transmitted.
(2) with respect to the facilities of para 1 Nos. 2 and 9 are significantly following codes of conduct: 1 automatic locks according to para 1 No. 2 the operator is free to lock the connector at the arranged lock value is reached or to allow the more gratuitous use without or with bandwidth restriction to at least 128 kbit / s to the end of the current billing cycle. The participant is immediately in appropriate ways to communicate; of a lock or bandwidth throttling No. 2 is to apply mutatis mutandis. The participant is free to admit the possibility, to continue the fee-based service use a lock or a bandwidth limit, if he has given his express consent, appropriate manner. In this case are transparent to represent the cost of the continued use of paid service. The operator has to make sure that the Subscriber has previously authenticated.
2. warnings within the meaning. ABS 1 Z 9 must contain no advertising, and these may not actively to the abandonment of the facilities of this regulation, to continued fee-based service use according to no. 1 or to a contradiction according to § 5 para 2 prompted.
§ 4. An operator who provides a mobile data service, has the following facilities to provide: 1. warning devices, which after election of the operator, in accordance with the technical possibilities is that the user either before need the volume of data with limited flat-rate tariffs will be warned or warn the user a fee level which must not be higher than 30,-euro, , 2. an auto-lock, once consumption-dependent billing or consumption included lump-sum volumes (§ 3 para 1 No. 3) a pay level is reached from 60,-euro.
Data services bandwidth limitation
5. (1) an operator who provides a mobile data service, has the choice to provide a bandwidth limitation device in place of the provisions in section 4. This includes a reduction of the maximum available data rate for a connection to the end of the current billing period to at least 128 Kbps. The operator is here to make sure that no consumption-dependent billing to the participant. The bandwidth limit is set from the moment of the itself agreed starting usage-based billing.
(2) chooses an operator for setting up a bandwidth limitation within the meaning. Para 1, are all relevant participants in writing to inform; on the possibility of the opposition is to point out. The participant has the right, the bandwidth limiting sense. Paragraph 1 for his connection to contradict. In this case, the operator has to apply section 4. On contradictions, § 7 is to apply mutatis mutandis.
6. (1) operators have traceable to document the proper setup of the locking devices. The delivery of alerts and the automatic lock of service usage are traceable electronically to document each time stamp and level of usage-based charges and to prove the participant upon request free of charge. Similarly, a consent of the participant to the continued use of paid service as well as a contradiction according to § 5 para 2 shall be documented.
(2) regardless of the label, or the Division of the tariff chosen by the participant, the operator has to document whether the participant's relationship with the participants in his capacity as a consumer or business within the meaning comprehensibly and in writing. § 1 Consumer Protection Act has been completed.
Participants entitled § 7 (1) once per calendar year, for their connection to waive the application of this regulation. The reconstruction is to grant at least free of charge. The waiver can be done only at the express request of the participant, and in written form, with the participants the possibility of establishing free again to point out. The waiver can be explained at the express request of the participant for all existing and future connections of the participant. A waiver given by the participant shall be documented comprehensible electronically by the operator.
(2) no costs or another advantage may be offered to the participants for the granting of a waiver.
Change of tariffs
§ 8 a participant does a tariff change, immediately or is active in the current invoice period, is to pick up a used automatic lock with be of the change of tariff and the charge stands for bodies referred to in this regulation start to run anew.
§ 9. All euro amounts referred to in this Regulation include the legal value added tax. The euro amounts referred to in section 4 conform to the usage-based charges for mobile data services.
Entry into force
§ 10. This Regulation shall into force on May 1, 2012.