Costs Limit Ordinance - Kostbev

Original Language Title: Kostenbeschränkungsverordnung – KostbeV

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Regulation of the broadcasting and telecoms regulation GmbH, which requires institutions to control costs and reduce costs for subscribers in the event of the use of telecommunications services
(Cost Restriction Ordinance-KostbeV)

On the basis of § 25a TKG 2003, BGBl. I n ° 70/2003, as amended by the BGBl version. I No 102/2011, shall be arranged:

Purpose

§ 1. This Regulation lays down, in accordance with Art. 25a TKG 2003, facilities for cost control and limitation of costs for participants in the use of certain telecommunications services, in order to ensure transparent use of communications services. and to protect the participants from surprisingly high bills for telecommunications services.

Scope

§ 2. (1) This Regulation shall apply to all public telecommunications services offered in the Federal Republic via mobile terrestrial networks, in so far as it concerns the provision of public telephone services, SMS services and data services with consumption-related services. Offsetting which are offered to end users.

(2) This Regulation shall not apply to:

1.

telecommunications services provided through a fixed network termination point or public speaking offices;

2.

Participant ratios based on pre-paid fares,

3.

Participant ratios with a pool rate, which are provided by entrepreneurs iSd. § 1 of the KSchG,

4.

Roaming services in foreign mobile networks,

5.

public telephone services, which are offered independently of the access network.

(3) Weiters shall not apply this Regulation to participant relationships with entrepreneurs iSd. § 1 KSchG has been concluded, unless the participant requires in text form from the operator their future application for certain or all of its connections. In the event of a dispute, the operator has to prove, in accordance with his documentation requirement in accordance with § 6 (2), that the participant's relationship has been concluded by the participant in an entrepreneurial property. Where such proof cannot be provided, the participant shall be treated as a consumer within the scope of this Regulation.

Definitions and codes of conduct

§ 3. (1) For the purposes of this Regulation:

1.

"port" means a connection associated with the subscriber to the public telephone network or to the Internet and the services associated with it, which serves as a allocation criterion for the settlement;

2.

"automatic lock" means a free facility which prevents the continued use of the respective service until the end of the current billing period in such a way as to ensure that no higher than the one in the current billing period is not higher than the In the case of the participant, the amount of remuneration arranged in each case shall be invoiced, unless the participant agrees to the continued use of the paid service in accordance with paragraph 2 (2) (1) of the Regulation;

3.

"limited-rate tariff" means a tariff which contains limited flat-rate volumes expressed in certain units, the use of which is already subject to a fixed basic or packet fee and, when exceeded, a consumption-dependent payment Accounting is carried out;

4.

"mobile data services" means services which, by means of packet-switched data transmission, enable access to a data network and the services in connection with it via mobile terrestrial networks;

5.

"Pool tariff" means a tariff in which flat-rate volumes within a subscriber ratio may be shared and consumed by several participants with several SIM cards;

6.

"pre-paid tariff" means a tariff in which the participant purchases a credit by himself prior to the use of services, consumes it by the use of the service and in the case of which no consumption-related offsetting takes place after the consumption of the credit;

7.

"other services" means other services other than mobile data services within the scope of § 2;

8.

"consumption-related offsetting" means a billing methodology which is used either directly at the beginning of the use of the service or after the consumption of the flat-rate volumes contained in limited flat-rate tariffs, and in the case of which the falling-off -depends on the actual use;

9.

"warning device" means a free facility that actively transmits information to the subscriber in a suitable manner, or at least by means of an SMS, with regard to the charges or remaining flat-rate volumes that have already been incurred .

(2) As regards the bodies referred to in paragraphs 1, Z 2 and 9, the following codes of conduct shall be applicable:

1.

In the case of automatic locking in accordance with paragraph 1 Z 2, the operator is free to block the connection on reaching the ordered blocking value or the further free use without or with bandwidth limitation to at least 128 kbit/s to the end of the operation. of the current accounting period. The participant must be immediately notified of a lock or bandwidth limitation in a suitable manner; Z 2 is to be applied in a reasonable manner. The participant shall be allowed free of charge to continue the paid service after a lock or a bandwidth limitation if he has given his explicit consent to this in a suitable manner. In this case, the costs of continuing paid service use shall be presented in a transparent way. The operator has to ensure that the participant has previously authenticated.

2.

Warnings iSd. Paragraph 1 Z 9 shall not contain any advertising and may not be actively requested to renounce the facilities of this Regulation, to continue the use of paid services pursuant to Z 1 or to an objection pursuant to Section 5 (2).

Data Services

§ 4. An operator who provides a mobile data service shall have the following facilities available:

1.

Warning devices in which, at the choice of the operator and in accordance with the technical possibilities, it is ensured that the user is either warned against misuse of the data volume included in the case of limited flat-rate tariffs, or that the user is informed of the need for a user. if a charge of not higher than 30,-euro is reached, a warning will be given,

2.

an automatic lock, as soon as a fee of 60,-Euro is reached in the case of consumption-related offsetting or after consumption of inclusive flat-rate volumes (§ 3 para. 1 Z 3).

Data Services Bandwidth Limit

§ 5. (1) An operator who provides a mobile data service shall have the choice to provide a bandwidth limitation device instead of the provisions in § 4. This includes a reduction of the maximum available data rate for a connection up to the end of the current billing period to at least 128 kbit/s. The operator shall ensure that no consumption-related offsetting takes place with respect to the participant. The bandwidth limitation shall be established from the date of the agreed commencement of consumption-related offsetting.

(2) An operator decides to set up a bandwidth restriction iSd. (1), all participants concerned shall be informed in writing and shall be informed of the possibility of objection. The participant has the right, the bandwidth restriction iSd. (1) for its connection. In this case, the operator shall apply § 4. § 7 shall apply mutagenly to contradictions.

Documentation requirements

§ 6. (1) Operators have to document the correct setting up of the blocking devices in a comprehensible way. The transmission of warnings as well as the automatic blocking of the use of the service are to be documented electronically in each case with the time stamp and the status of the consumption-dependent charges and, at the request of the participant, free of charge Proof. In the same way, the participant's consent to the continued use of paid services as well as a contradiction in accordance with § 5 (2) must be documented.

(2) Regardless of the designation or the division of the tariff chosen by the participant, the operator has to document in writing and in writing whether the participant's relationship with the subscriber in his capacity as a consumer or Businessman iSd. § 1 KSchG has been completed.

Waiver

§ 7. (1) Participants shall have the right, once per calendar year, to waive the application of this Regulation for their connection. In any case, the reestablishment must be granted free of charge. The renunciation can only take place at the express request of the participant and in writing, whereby the participant is to be informed of the possibility of free re-establishment. The waiver can be explained at the express request of the subscriber for all existing and future connections of the subscriber. A waiver given by the participant is to be documented electronically by the operator.

(2) For the granting of a waiver, no cost reduction or any other advantage may be offered to the participant.

Rate Change

§ 8. If a participant carries out a change of rate which becomes active immediately or in the current accounting period, a set automatic lock shall be abolished with the effect of the change of rate and the charges for the bodies referred to in this Regulation begin to run again.

Charges

§ 9. All euro amounts mentioned in this Regulation are inclusive of the statutory turnover tax. The euro amounts referred to in § 4 correspond to the consumption-related charges for mobile data services.

entry into force

§ 10. This Regulation shall enter into force on 1 May 2012.

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