Amendment Of The Telecommunications Act 2003, The Kommaustria Act And The Consumer Authorities Cooperation Act

Original Language Title: Änderung des Telekommunikationsgesetzes 2003, des KommAustria-Gesetzes sowie des Verbraucherbehörden-Kooperationsgesetzes

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102. Federal law amending the Telecommunications Act 2003, the KommAustria Act as well as the Consumer Co-operation Act

The National Council has decided:

Article 1

Amendment of the Telecommunications Act 2003

The Telecommunications Act 2003-TKG 2003, BGBl. I n ° 70/2003, as last amended by the Federal Law BGBl. I No 50/2010, shall be amended as follows:

1. § 1 (2) reads:

" (2) The aim of the regulation is to achieve the following objectives:

1.

the creation of a modern electronic communications infrastructure to promote the quality of the site at a high level;

2.

Ensure a competitive and effective competition in the provision of communication networks and communication services, including in the provision of content by:

a)

to ensure the greatest possible benefits in terms of choice, price and quality for all users, taking particular account of the interests of disabled users, older people and persons with special social needs;

b)

the prevention of distortions of competition or restrictions on competition;

c)

promoting efficient infrastructure investment and innovation, as well as ensuring existing and future investment in communications networks and services;

d)

Ensure efficient use and management of frequencies and numbering resources;

e)

Efficient use of existing infrastructures.

3.

to promote the interests of the population, taking particular account of the interests of disabled users, of elderly people and of persons with special social needs, by

a)

ensuring universal universal service;

b)

the protection of users, in particular by means of a simple and cost-effective process for resolving disputes and a high level of data protection;

c)

Provision of information, in particular in the form of transparent charges and general terms and conditions;

d)

Ensuring the integrity and security of public communications networks. "

2. In § 1, the following paragraph 2a is inserted after paragraph 2:

" (2a) In pursuit of the objectives set out in paragraph 2, the regulatory authorities shall apply objective, transparent, non-discriminatory and proportionate regulatory principles by, inter alia:

1.

promote the predictability of regulation by maintaining a single regulatory approach through appropriate review periods;

2.

ensure that operators of communications networks and services do not receive discriminatory treatment in comparable circumstances;

3.

protect competition for the benefit of the participants and, where appropriate, promote infrastructure-based competition;

4.

Promote efficient investment and innovation in new and improved infrastructures, including by ensuring that, with all access obligations, due account is taken of the risk of investing companies, and that they allow different cooperation agreements to diversify the investment risk between investors and access advertisers, while ensuring that competition on the market and the principle of non-discrimination;

5.

take account of the wide range of conditions relating to competition and participants in the various geographical areas;

6.

Impose regulatory ex-ante obligations only if there is no effective and sustainable competition, and loosen or repeal those obligations as soon as this condition is met. "

3. § 1 (3) and (4) reads:

" (3) The measures referred to in paragraphs 2 and 2a shall be designed to be as far as possible as technology-neutral. Innovative technologies and services, as well as emerging markets, are subject to only that regulation that is required to avoid distortion of competition and which is required to achieve the objectives of this law.

(4) The following directives of the European Union are implemented by this Federal Act:

1.

Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (Framework Directive), OJ L 201, 31.7.2002, p. No. OJ L 108, 24 April 2002, p. 33, as amended by Directive 2009 /140/EC, OJ L 108, 24.4.2009, p. No. OJ L 337, 18.12.2009, p. 37,

2.

Directive 2002/20/EC on the authorisation of electronic communications networks and services (Authorisation Directive), OJ L 201, 31.7.2002, p. No. OJ L 108, 24 April 2002, p. 21, as amended by Directive 2009 /140/EC, OJ L 108, 24.4.2009, p. No. OJ L 337, 18.12.2009, p. 37,

3.

Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services (Universal Service Directive), OJ L 201, 31.7.2002, p. No. OJ L 108, 24 April 2002, S 51, as amended by Directive 2009 /136/EC, OJ L 108, 24.4.2009, p. No. OJ L 337, 18.12.2009, p.11,

4.

Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), OJ L 201, 31.7.2002, p. No. OJ L 108, 24 April 2002, p. 7, as amended by Directive 2009 /140/EC, OJ L 108, 24.4.2009, p. No. OJ L 337, 18.12.2009, p. 37,

5.

Directive 2002/58/EC relating to the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. No. OJ L 201 of 31 July 2002, p. 37, as amended by Directive 2009 /136/EC, OJ L 201, 31.7.2009, p. No. OJ L 337, 18.12.2009, p.11,

6.

Directive 2002/77/EC on competition in the markets for electronic communications networks and services, OJ L 201, 31.7.2002, p. No. OJ L 249, 19.9.2002, p.

7.

Directive 2006 /24/EC on the retention of data produced or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending the Directive 2002 /58/EC OJ L 136, 31.5.2002 No. L 105 of 13 April 2006, S 54. "

4. § 3 Z 1 is deleted.

5. § 3 Z 2 to 4 reads:

" 2.

"provider of a communications network" means a company which establishes, operates, controls or makes available such a network;

3.

"operator of a communication service" means a company which exercises legal control over the totality of the functions necessary for the provision of the relevant communications service and which offers these services to others;

4.

"operator of a communication network" means a company which exercises the legal and actual control over the totality of the network functions. A communication network within the meaning of this Act shall not be operated if the connection to other public communications networks is carried out exclusively through those interfaces which are generally applicable to the local loop; "

6. § 3 Z 7 and 7a reads:

" 7.

"harmful interference" means a disturbance which constitutes a danger for the functioning of a radio navigation service or of other security services, or a radio service which is in accordance with the applicable international, European Union law, or national regulations, otherwise seriously affected, obstructed or repeatedly interrupted;

7a

"allocation of frequencies" means the designation of a specific frequency band for use by a service or a number of types of radio services, where appropriate under strictly defined conditions; "

7. According to § 3 Z 8 the following Z 8a is inserted:

" 8.a

"BEREC" means the Body of European Regulators for Electronic Communications, established by Regulation (EC) No 1211/2009; "

8. § 3 Z 10 and 11 reads:

" 10.

"communication line" means transmission paths (communications equipment), including accessories such as switching, amplifier or branching equipment, power supplies, cabling in buildings, masts, antennae, towers, and Other support structures, piping, empty pipes, cable ducts, entry-level shafts and distribution boxes;

11.

"communications network" means transmission systems and, where appropriate, switching and routing equipment, and other resources, including non-active network components, for the electronic transmission of signals via cable, radio, optical or other electromagnetic devices, including satellite networks, fixed (line and packet-switched, including the Internet) and mobile terrestrial networks, power line systems, where they are used for signal transmission are used, networks for radio and television, and cable radio networks (radio networks), irrespective of the type of information transmitted; "

9. § 3 Z 16 reads:

" 16.

"public telephone service" means a service available to the public for the conduct of domestic and incoming domestic and domestic and international calls, directly or indirectly, through one or more numbers in a national or national level; international telephone number plan; "

10. § 3 Z 18 to 20 reads:

" 18.

"public telephone network" means a communication network which is used to provide public telephone services;

19.

"participant" means a natural or legal person who has concluded a contract with an operator for the provision of a communications service;

20.

"local loop" means the physical connection with which the network termination point is connected to a distribution node or equivalent facility in the fixed public communications network; "

11. § 3 Z 23 reads:

" 23.

"access" means the exclusive or non-exclusive provision of facilities or services to another undertaking, subject to certain conditions, for the provision of communications services, including the use of such services for the provision of Information society services or broadcasting content services. This includes, inter alia, access to network components and associated facilities, including fixed or non-fixed connection of equipment (including, in particular, access to the local loop, and to facilities and equipment), Services required to provide services through the local loop); access to physical infrastructures such as buildings, ducts or masts; access to relevant software systems, including systems for the Operational support; access to information technology systems or databases for Pre-order, provision, order placement, maintenance and repair work requirements, billing, number translation, or systems offering equivalent functionality; access to fixed and mobile networks, in particular to enable roaming; access to access authorization systems for digital television services and access to virtual network services; "

12. According to § 3 Z 23 the following Z 23a is inserted:

" 23a.

"related services" means those services connected to a communications network or a communications service which enable or support the provision of services via this network or service, or be able to do so, including, inter alia, numbering systems or systems providing an equivalent function, access authorization systems and electronic programme guides, and other services such as services related to the identity, location and presence of the user; "

13. § 3 Z 25 last sentence reads:

"interconnection shall be a special case of access and shall be established between operators of public communications networks."

14. § 4 (2) reads:

" (2) The Federal Minister of Transport, Innovation and Technology is responsible for the frequency allocations which take place within the scope of an exceptional authorization, as well as for the modification and revocation of these frequency allocations. Before the allocation of frequencies, which are also provided for in the frequency use plan (§ 52 paragraph 2) for broadcasting within the meaning of the BVG broadcasting, in an authorization pursuant to paragraph 1 as well as before changes of these allocations, a statement of the KommAustria , prior to the allocation of frequencies within the meaning of section 51 (3), an opinion shall be obtained from the regulatory authority. "

15. § 5 (1) reads:

" (1) Management rights shall include, without prejudice to obligations to be fulfilled in accordance with other statutory provisions, the right to:

1.

for the establishment and maintenance of lines of communication, with the exception of the erection of antenna tractors within the meaning of § 8 Abs 6,

2.

for the establishment and maintenance of line support points, switching facilities and other management equipment or other accessories,

3.

for the introduction, guidance and transmission of cable lines (in particular glass fibre and wire lines) and for the maintenance thereof in buildings, in parts of buildings (in particular in cable harnesses and other equipment for the installation of cables), and other construction,

4.

for the operation, extension and renewal of the installations listed under Z 1, 2 and 3, provided that this is done without permanent physical intervention, and

5.

for the disposal, which is to be understood as the elimination of obstructive tree plantings and the cases of individual trees, as well as for the anticipation of breakthroughs through waldings.

The content of the respective line law is the result of the agreement or the decision of the regulatory authority. "

16. § 5 (4) reads:

" (4) Provider of a public communications network shall have the right to use line rights in private property, provided that public statements do not stand in the way and if:

1.

the use of the property is not, or only insignificantly, permanently restricted by this use; and

2.

the use of equipment, lines or other facilities according to § 8 (1), (1c) or (2) is not possible or is not possible. "

17. § 6 (2) and (3) reads:

" (2) If management rights are used in the cases not provided for in paragraph 1, the authorized person shall inform the owner of the property in writing and demonstrably to make known the intended project with the addition of a plan outline. and to offer it a retribution in accordance with § 5 (5). Where other installations exist on the property used, they shall be treated in the same way as against their entrepreneurs.

(3) Comes between the pledge according to § 5 (4) and the person entitled to an agreement on the right of management of private properties or on the retribution within a period of four weeks from the date of the announcement of the project. , any of the parties concerned may make a call to the regulatory authority for a decision. "

18. § 6 (4) to (6).

19. § § 7 to 9 together with headings:

" Right of use to lines or installations secured by law

" § 7. (1) Where a property secured by law is also used by the proprietor for the establishment, operation, extension or renewal of communication lines, this shall be condoned by the owner, if the owner of the property is Construction, operation, extension or renewal of the communication line will not permanently restrict the use of the property in a dedicated way. An appropriate compensation shall be paid to the owner or otherwise entitled to use, unless such compensation has already been made for a use for the purposes of communication.

(2) The regulatory authority shall, in agreement with the representatives of the parties concerned, lay down a uniform national indicative rate for the appropriate one-off repayment.

(3) As soon as an offer for retribution is laid down in accordance with the uniform set of principles, or if such retribution has already been made for use in communication lines, the use of the land for the purposes of the provisions of paragraph 1 shall be shall not be inhibited. In the event that an agreement on the exercise of the right of use or the settlement within a period of four weeks from the offer of retribution is not concluded between the person entitled to the right of use and the landowner, any of the parties concerned shall be entitled to: regulatory authority to take a decision.

Co-use rights

§ 8. (1) Those who exercise a right of way, control or use under this federal law or under other federal or state laws on the basis of a shelling or an agreement with the righthold must have the co-use of these rights or of the on-the-ground of buildings, parts of buildings or other facilities, lines of communication usable for communication lines, lines or other facilities such as access to buildings, cabling in buildings, masts, antennae, towers and others Support structures, pipe pipes, empty pipes, cable shafts, entry-level shafts or distribution boxes, or parts thereof, for lines of communication, to the extent that this is economically reasonable and technically justifiable.

(1a) Under the conditions of economic reasonableness and technical representability, a holder of cable harnesses, pipes or parts thereof shall also be allowed to use communication lines.

(1b) In exercising the rights set out in paragraph 1 and paragraph 1c, account must be taken of the use of existing facilities as well as future technical developments which require the provisional free-keeping of control, piping and shaft capacities.

(1c) Owners of buildings, parts of buildings or other premises must be shared with their cabling, or if the first point of concentration or distribution is outside the building, part of the building or the other construction, up to this first point of concentration or distribution, by means of a public communications network for communication lines, to the extent that they may be economically reasonable and technically feasible is justifiable and a doubling of this infrastructure is economically viable It would be inefficient or practically impossible.

(2) Owners of or otherwise authorized to use an antenna carrier or a power line mast must be shared by the provider of a public communications network, by fire brigade, rescue services, and by The security authorities shall allow them to be economically reasonable and technically, in particular, possible in terms of frequency. For this reason, the owner or otherwise authorized person shall have the necessary technical changes to be carried out or to have them carried out in the case of minor changes and the co-use advertiser shall bear the costs. The right to co-use also includes the use of the infrastructure necessary for the operation. The owner or otherwise authorized person shall not exercise his power of control over the installation in the interests of the co-user.

(3) If a facility is located on a property, the owner or otherwise authorized user pursuant to para. 1, 1a, 1c or 2 is obliged to allow use, this shared use is also from the owner or otherwise authorized user. of the land, if this does not permanently restrict the use of the land to be devoted to it permanently. If an increased physical strain on the property cannot be ruled out beyond doubt by this additional shared use, the owner or authorized user of the property may have a right of consent.

(4) A reasonable amount of money shall be paid to the person who is subject to a right of co-use. In any event, the costs of the installation of the equipment used, including the costs of the acquisition, the running costs of the operation and the other costs associated with the use of the facility, as well as the market practice of charges, shall be be properly considered.

(5) Starkstromwiring masts are structures including foundations, grounding, insulators, accessories and fittings, which are used for the installation of lines or line systems with an operating voltage of 110 kV or more for the transmission of electrical energy.

(6) Antenna trams are masts or other construction sites which have been or are actually used for the purpose of antennae, which are those parts of a radio system which are directly connected to the radiation or to the reception of electromagnetic waves, to be worn.

Granting of co-use rights

§ 9. (1) Everyone pursuant to § 8 (1), (1a) and 1c The obligation to provide a public communications network with a public communications network must be made available to the public. In accordance with § 8 (2), each person must provide a public communications network as well as fire brigade, rescue services and security authorities on request. All parties involved have the aim to achieve the goal of enabling and facilitating the use of shared services.

(2) If an agreement is not reached between the pledge and the person entitled to the right of co-use or the retribution within a period of four weeks from the time of demand, each of the parties concerned may the regulatory authority. call for a decision.

(3) Provider of a public communications network shall be obliged to establish framework agreements for the sharing of the antenna tractors used by them.

(4) Framework agreements referred to in paragraph 3 shall be submitted to the regulatory authority and shall be published by the regulatory authority. Agreements on co-use rights in accordance with § 8 shall be submitted to the regulatory authority on the basis of their reasoned request. "

20. § 10 (1) and (2) reads:

" (1) In the exercise of rights in accordance with § § 5, 7 and 8, the use of land, buildings, parts of buildings or buildings and/or buildings is subject to the most extreme protection of the property. the use of installations, lines or other facilities and the rights of third parties, as well as in the least harassing manner possible. In particular, the beneficiary has, during the execution of the works, his costs for the most consistent maintenance of the intended use of the used land, buildings, parts of buildings or buildings or buildings, respectively. the installations, lines or other facilities used and, after the completion of the works, to produce a non-clad condition. Consideration should also be given to other existing or approved work.

(2) Excursions can only be claimed in the extent necessary for the establishment, maintenance, operation, extension or renewal of the plants, lines or other equipment listed in § 5 (1) (1), (2) or (3). . By means of closed forests, it is only necessary for the person concerned to be able to do so if there is no other economic possibility of management and if the conservation and forestry management of the forest does not jeopardise the management of the forest "

21. § § 11 and 12 together with headings are:

" The right of disposal of the loaded

§ 11. (1) The rights in accordance with § § 5, 7 and 8 shall be subject to the burden of free disposal via their land, buildings, parts of buildings or buildings and/or buildings or buildings. the installations, lines or other facilities used (change, construction, installation or other measures which make use of the use in accordance with § § 5, 7 or 8 to be inadmissible) not impeded. Where such a disposition requires the removal or modification of an asset of the person entitled to or may be damaged, the staff member shall inform the authorized person within a reasonable period before the commencement of the work. The authorized person shall, in due time, make the necessary arrangements to carry out, where appropriate, the removal or transfer of his installation at his own expense. The authorized person may submit an alternative proposal to the person who is subject to the request. The parties concerned have to work towards a friendly, cost-effective solution.

(2) If the notification was not reimbursed in time due to the fault of the person subject to the notification and the inventory or operation of the facility was damaged by the measures taken by the person to be displayed, the person concerned shall be obliged to compensate for damages.

(3) The staff member shall also be obliged to pay compensation if, intentionally, he or she has caused the removal or transfer of an installation by an incorrect indication, or if, within two weeks after receipt of the notification, the person entitled to the complaint has another Implementation of the proposed change, in which the installation could have remained unchanged without prejudice to the intended purpose, under the proposed acquisition of any additional costs which would have been the subject of an increase in the burden of the load, and which proposed the It has not been dealt with for no valid reason.

(4) Comes between the debtor and the person entitled to an agreement for the termination or amendment of the right pursuant to § § 5, 7 and 8 or the associated legal consequences within a period of four weeks from the date on which the agreement has been reached in accordance with If the provisions of paragraph 1 are not reached, each of the parties concerned may refer the matter to the regulatory authority for decision.

Transfer of rights in accordance with § § 5, 7 and 8

§ 12. (1) Rights (duty obligations) in accordance with § § 5, 7 and 8 shall, together with the obligations arising with them, act on the respective owners of the installations, lines or other facilities constructed on their basis, or Communication lines and the respective owner or authorized user of the antenna carrying body or the power line mast.

(2) You are against any owner of any of the land, buildings, parts of buildings or buildings occupied by the property, or the installations, lines or other facilities used, or Communication lines effective.

(3) The right of management shall not constitute an object of any registration, nor shall the exercise of its exercise be based on the title of a member of the Board of Management or of the limitation period.

(4) Without prejudice to any otherwise required authorisations and permits, the provider of a public communications network shall be entitled to grant the rights wholly or partly to third persons to be established pursuant to § § 5, 7 and 8 thereof. -to transfer the maintenance, operation, extension and renewal of this communications network. "

22. According to § 12, the following § 12a together with the heading is inserted:

" Procedures for the granting of management and co-use rights

§ 12a. (1) Where the regulatory authority is referred to in accordance with Articles 6, 7, 9 or 11, it shall immediately give the defendant in writing and demonstrably the opportunity to present his objections to the application within two weeks. On a reasoned request, the regulatory authority may, if necessary, extend this period. In its decision, the regulatory authority has to take into account only timely objections. This legal consequence shall be expressly indicated in the invitation to deliver an opinion.

(2) The regulatory authority shall decide on the application without delay, but in any event within six weeks after the request has been received by the defendant or the expiry of the period for opinion, including, where appropriate, an interim decision. The arrangement replaces the agreement which has not been reached.

(3) Until the legal force of its decision may, without prejudice to § 7 (3), the construction of the intended project may not be started.

(4) The costs of the fees payable to a non-official expert shall be borne by the entitled person. These costs may be shared in an appropriate proportion if this corresponds to the equity. "

23. In § 13 (5) the word "Telecommunications Authority" by the word "Regulatory Authority" replaced.

24. According to § 13, the following § 13a with title is inserted:

" Infrastructure directory

§ 13a. (1) The regulatory authority shall have a detailed inventory of the nature, availability and geographical location of both existing and newly established lines, lines or other facilities used for communication lines, such as building access, cabling in buildings, masts, antennae, towers and other supporting structures, piping, empty pipes, cable ducts, entry-level shafts and distribution boxes to be constructed and carried out. The list shall be included in the scope of paragraphs 2 and 3.

(2) The data required for the establishment and ongoing management of the infrastructure directory shall be provided by the regulatory authority in the extent of paragraph 5 in the way of mutual assistance (Art. 22 B-VG).

(3) In addition, infrastructure is in the sense of the. (1) to the extent that they are the subject of decisions pursuant to Sections 6, 7 and 9 (2). To this extent, the inclusion of the infrastructure in the directory is to be tolerated by the parties concerned.

(4) The data of the infrastructure directory determined in accordance with paragraphs 2 and 3 shall be protected from access by unauthorized persons according to the respective state of the art.

The regulatory authority shall, on request, forward information from the infrastructure directory of providers of a communications network to the extent that the applicant of the regulatory authority makes it credible that this information is provided for a specific type of information. Projects need to be planned. This shall also apply to those applicants who make the intended inclusion of such an activity credible. The transmission of the information shall be limited to the extent necessary for the implementation of the specific project which has been credibly made. The regulatory authority shall, at the request of the regulatory authority, decide on the rejection of the transmission.

(6) A provider of a communications network through whose network information has been provided from the infrastructure directory shall be informed of the fact and extent of the search within a reasonable period, but not later than one month after the date of the request. Time of the query, to inform. "

25. In § 15, the following paragraph 6 is added:

" (6) For operators of communications services which offer the full scope of their communications services to end-users exclusively in their premises, provided that such services do not fall within the scope of Article 26 (2) of this Directive, the provisions of § § 17, 18, 19, 22, 23, 24, 24a, 25, 25a, 25b, 25c, 25d, 70, 71 and 72 shall not apply. "

26. In § 15 (2) (1) (1) the word "Operator" by the word "Publisher" replaced.

27. § 16 (3) and (5).

28. According to § 16, the following § 16a and title shall be inserted:

" Security and integrity

§ 16a. (1) Operators of public communications networks shall take appropriate measures to ensure the integrity of their networks and shall ensure the continuous availability of the services provided through these networks.

(2) Operators of public communications networks or services shall, taking into account the state of the art, ensure, by means of appropriate technical and organisational measures, a level of safety which shall ensure the control of risks to the Network security is appropriate. In particular, the measures must be appropriate to prevent the effects of security breaches on users and interconnected networks, or as low as possible.

(3) Operators of public communications networks or services shall be required, within the limits of their statutory tasks, to the regulatory authority to assess the security or integrity of their services and networks, as required by law necessary information, including documentation on its security measures.

The regulatory authority may, within the limits of its statutory tasks, require, in the presence of concrete evidence, a breach of this provision by operators of public communications networks and services, at the cost of such services. to carry out a security clearance by the regulatory authority or by a qualified independent body instructed by the regulatory authority.

(5) Operators of public communications networks or services shall notify the regulatory authority of a breach of security or a loss of integrity in the form prescribed by the regulatory authority, provided that: Effects on network operation or service provision have occurred.

(6) The regulatory authority may inform the regulatory authorities of other Member States or the European Network and Information Security Agency (ENISA) of a notification provided for in paragraph 5, insofar as they do so for the tasks assigned to them is required.

(7) If the disclosure of the breach is in the public interest, the regulatory authority may inform the public itself in an appropriate manner or ask the operator concerned to inform the public.

(8) By 31 March of the following year, the regulatory authority of the European Commission and ENISA shall submit a summary report on the notifications received pursuant to paragraph 5 and the measures taken.

(9) The Federal Minister for Transport, Innovation and Technology may, after consulting the regulatory authority, refer to the relevant international rules, to the nature of the network or to the service, to the technical possibilities, to the protection of personal data and other legitimate interests of users with a regulation the more detailed provisions for the implementation of § § 16 and 16a on

1.

the security of the network operation,

2.

maintenance of network integrity,

3.

the interoperability of services,

4.

preventive security measures,

5.

the design of security guidelines, in particular identity, access and access management, as well as

6.

to determine the procedures for breaches of security by operators of public communications networks or services.

(10) A regulation in accordance with paragraph 9 is to be adopted in respect of broadcasting networks and the transmission of radio signals from KommAustria.

(11) In those cases where the responsibility of the Data Protection Commission is also affected, the regulatory authority shall be in a position to consult with the Data Protection Commission and to exchange the information obtained.

(12) The provisions of Section 95a and of the Data Protection Act, BGBl. I n ° 165/1999, shall remain unaffected. '

29. § 17 together with the title is:

" Quality of service

§ 17. (1) Operators of public communications services shall have comparable, adequate and up-to-date information on the quality of their services and on the provision of equivalence in the case of access to public services. To publish telecoms services for disabled users and to make known to the regulatory authority on their request prior to publication.

(2) The Federal Minister of Transport, Innovation and Technology may, by means of a regulation, be subject to international obligations, the state of the art, the economic situation, the experience of the regulatory authority, and the fact that: comparable, appropriate and up-to-date information to the end user, parameters describing the form, scope, content and time frame of the publication, as well as parameters describing the quality of service, at least however , those referred to in Article 27 (1). In particular, appropriate quality certification mechanisms may be required. This Regulation may also lay down appropriate measures to enable disabled users to meet the needs of disabled users and, in accordance with relevant legislation, in the same way. The extent to which non-disabled users are entitled to telecommunication services.

(3) The regulatory authority may impose minimum service quality requirements on operators providing public communications networks, in particular with a view to the deterioration of services and a disability, or To prevent data traffic from being slowed down in the networks. In particular, the state of the art and the economic conditions must be put to an end. A draft of this Regulation shall be forwarded, together with the statement of reasons of the European Commission and BEREC. In the event that the European Commission delivers an opinion in due time, it shall be taken as far as possible when the Regulation is adopted.

(4) The regulatory authority shall be entitled to carry out or have carried out independent verifications of the performance characteristics in order to verify the accuracy and comparability of the information provided. The regulatory authority may publish the information provided as well as the outcome of the checks on the performance characteristics.

(5) The regulatory authority shall be entitled to offer instruments and control facilities to enable the participant to review the information provided for in Article 25 (4) (2), (3) and (4). "

30. In § 18 (1) Z 4, the word "Provisioning" by the word "operators" replaced.

31. § § 19 and 20 together with the headings:

" Additional service characteristics

§ 19. Operators of a public telephone network or service shall provide end-users with multiple-frequency payment methods and the display of the telephone number, where this is technically feasible.

Emergency calls

§ 20. (1) The operator of a public telephone network or operator providing a communication service for the routing of outgoing calls to call numbers of the Austrian telephone numbering plan shall be responsible for establishing the connection to all emergency telephone numbers , also for disabled users (§ 17 paragraph 2).

(2) The operators referred to in paragraph 1 shall have the free connection to all emergency telephone numbers for end users.

(3) Operators in accordance with paragraph 1 shall have to ensure that the call number of the calling terminal is ready for identification in the case of the emergency call carrier.

Operators as referred to in paragraph 1 shall inform subscribers of any change in access to emergency services or caller location information at the service where they are registered.

(5) Operators of emergency services shall have access to services equivalent to that of the majority of other end-users for disabled users in accordance with a regulation adopted in accordance with Article 17 (2). "

32. § § 22 to 24, together with the headings:

" Interoperability

§ 22. (1) Operators of public telephone networks or services shall establish interoperability between subscribers to all public telephone networks or services.

(2) Operators of public telephone networks or services shall, within the framework of technical and economic possibilities, have interoperability with:

1.

Calls to all telephone numbers of the EEA countries and Switzerland, and

2.

Calls to the European Telephone Numbering Room and to universal international freephone numbers

, provided that the called subscriber has not restricted calls from certain geographical areas for economic reasons.

(3) The operators referred to in paragraphs 1 and 2 shall agree on appropriate charges for the production and ensuring of interoperability, provided that there is no obligation under section 48.

Number portability

§ 23. (1) Operators of public telephone services shall ensure that their subscribers have the option of changing the telephone service provider without changing the numbers specific to the telephone number range concerned, while retaining the numbers. Type of use and, in the case of geographically bound telephone numbers, the possibility of changing the location within the geographical area defined for the number range.

(1a) Ends the contractual relationship between the participant and the receiving operator and does not make a request for the transfer of the telephone number and there is no application for the transfer of the telephone connection to another subscriber, the to return the phone number within a month. The retransmission takes place to the operator, to which this call number was originally assigned or to which the associated call number block was transmitted in the meantime. Otherwise, the transfer shall be made to the regulatory authority.

(2) Operators have to agree to the amount of the charges arising from the transfer of a number of charges in a cost-oriented way. The porting participant shall not be required to pay a dissuasive charge for the transfer of the number.

(3) The regulatory authority has established, by means of a regulation, the more detailed provisions concerning the transmission of numbers between mobile networks. In particular, international agreements, the technical possibilities to make the necessary investments and to take into account the fact that the ported numbers are able to function, even if the person concerned has been removed from the contract, Subscriber network is guaranteed and the number of the porting subscriber is activated as soon as possible, but at the latest within a working day after the agreement on the porting in the network of the receiving operator.

(4) The transmission of the subscriber's telephone number shall not be permitted without the consent of the subscriber, at least in electronic form.

(5) For the duration of proceedings pursuant to Section 68 (2) (3), the subscriber shall not be entitled to porting the telephone number used by him, insofar as this telephone number is an object of the proceedings pending.

Tariff transparency

§ 24. (1) The regulatory authority has adopted by Regulation the more detailed provisions on:

1.

Charges which may be charged for the provision of telecommunications services in number ranges with regulated tariff limits;

2.

Call numbers with regard to which event tariff is available,

3.

the modalities of the communication on the level of charges for the provision of services, to the extent that they are subject to special pricing or where there is a particular need for users for increased tariff transparency,

4.

the method of calculation of the charges.

In this connection, the protection-worthy interests of end-users, transparency of charges for subscribers, easy recognition of charges on the basis of the number used for call-number-addressed services, the technical possibilities and the fact that the charges are To take care that end-users can control their expenses.

(2) The regulatory authority shall lay down, by means of a Regulation, the provisions on a transparent and necessary protection for users of time-dependent and event-tariff-added value-added services. This may include, in particular, access controls in respect of certain user groups, provisions relating to the application, time restrictions for connections to value-added services, regulations on dialer programmes and payment information, The price limits and the method of calculation of charges, provided that they exceed the content provided for in a Regulation as provided for in paragraph 1. In particular, the protection worthy interests of end users, the technical possibilities, and the fact that end-users can control their expenditure are particularly important. The regulatory authority shall inform each year of unfair practices and the measures taken in the context of the report in accordance with section 34 (2).

(3) The regulatory authority shall have a list of the numbers for value added services from which the name and address of the provider of the value-added service shall also be derived. The regulatory authority shall publish this list and, on request, provide information on its content. "

33. According to § 24, the following § 24a and headline are inserted:

" Measures against the abuse of value-added services

§ 24a. (1) The regulatory authority may, in case of reasonable suspicion of a breach of a regulation provision in accordance with Section 24 (1) or (2) and the risk in default, also without prior investigation proceedings by a communication pursuant to Section 57 of the AVG to the operators, in the Communication networks the call number is routed, provisionally arranged not to make a payment for this call number to the user of the call number or to upstream interconnection partners. The disbursement of the payout shall be limited to a maximum of three months. At the same time, the regulatory authority shall act in accordance with Section 91a. If a civil procedure has not yet been completed, the time limit may be extended by a further three months.

(2) If the regulatory authority establishes a breach of the regulation in accordance with Section 24 (1) or (2) of the Regulation, the participant is not obliged to pay a fee for the provision of a value-added service. In such a case, the operator in whose communications network the call number is operated shall not be obliged to pay the fee to the value-added service provider or to the upstream interconnection partner. When a licence has been issued pursuant to paragraph 1, charges already paid are to be taken into account by the operator of the participant in the context of the next accounts, unless a restatement is required. "

34. § 25 together with the title is:

" Terms and Conditions and Charges

§ 25. (1) The operators of communications networks or services shall adopt general terms and conditions in which the services offered shall also be described, as well as the remuneration provisions laid down for this purpose. General terms and conditions of payment shall be notified to the regulatory authority before the service is received and shall be made available in a suitable form.

(2) Changes to the General Terms and Conditions of Business and charges shall be notified to the regulatory authority and shall be made available in a suitable form before they are effective. Changes not exclusively to the participant shall be subject to a customer and display period of two months. In addition, the provisions of the Consumer Protection Act, BGBl. No 140/1979, (KSchG), as well as the General Civil Code.

(3) The essential content of the amendments which are not exclusively favourable to the participant shall be communicated to the participant at least one month before the entry into force of the change in written form, for example by printing on a periodically prepared invoice. At the same time, the participant must be informed of the date of entry into force of the changes and the fact that he is entitled to terminate the contract free of charge until that date. The full text of the amendments shall be sent to the participants at their request. The regulatory authority may, by means of a regulation, specify the level of detail, content and form of the notification to the participants, taking into account that the communication is transparent to the participant . Amendments to the General Terms and Conditions and the rules on the remuneration of operators of communications networks or services, which are required solely as a result of a Regulation adopted by the regulatory authority on the basis of this provision , and if the user does not favour exclusively, the participant does not entitle the participant to terminate the contract free of charge.

(4) General terms and conditions of business between operators of communication services and end users shall, as far as this is possible according to the type of service, at least contain:

1.

the name and address of the operator;

2.

the services offered, in particular:

a)

information on access to emergency services pursuant to § 20,

b)

information on restrictions on access to or use of services,

c)

contractually assured quality of service and, where appropriate, other parameters for quality of service defined by the regulatory authority in accordance with section 17;

d)

the deadline for the first-time connection;

e)

general information on procedures established by the company for the measurement and control of data traffic, in order to avoid a capacity utilisation or congestion of a network connection, including information on the possible effects the quality of service, as well as details of where detailed information is easily accessible to the subscriber,

f)

the types of maintenance services offered and the available customer services, as well as the means of contacting those services;

g)

any restrictions imposed by the operator on the use of the terminal equipment made available by the operator;

2a.

where there is an obligation pursuant to section 69 (2), the possibility for the participant to decide whether his/her personal data should be included in a list of participants and, where appropriate, the data in question;

2b.

the modalities of payment offered and the differences in costs arising from the modality of payment;

3.

the duration of the contract and the conditions for the renewal and termination of services and of the contractual relationship, including:

a)

the minimum use or duration of use, where appropriate, in order to be able to benefit from promotional activities;

b)

the charges due at the end of the contractual relationship, including cost-relief for terminal equipment;

4.

compensation and refund schemes in the event of non-compliance with the contractually agreed service quality;

5.

An indication of the possibility of initiating a dispute settlement procedure in accordance with Section 122 and a brief description thereof;

6.

provisions relating to the intervals of periodic accounts which may not exceed three months;

7.

information on the existence of the single European emergency call number 112;

8.

general information about the types of actions that the company can use to respond to security or integrity violations or threats and vulnerabilities, as well as information on where to provide detailed information to the participant are easily accessible;

9.

Information on the possibilities for displaying and suppressing the number of telephone numbers in the case of public telephone services in accordance with § 104.

(5) Terms of payment shall at least contain:

1.

details of one-off, regular and variable charges, including the beginning and end times of the tariff classification of connections, and the nature of the tariff classification;

2.

an indication of the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained,

3.

any discounts,

4.

the charges for the portability of numbers and other subscriber identifiers.

(6) The regulatory authority may, within eight weeks in the event of non-compliance with the general terms and conditions of business and pay provisions as set out in paragraphs 1 and 2 above, not be subject to the level of the nominal fees. this federal law or the regulations issued pursuant to this law or § § 879 and 864a of the German Civil Code (ABGB) or § § 6 and 9 KSchG (German Commercial Code). In any event, the objection shall not result in the further use of the General Terms and Conditions or the provisions of the remuneration provisions. The responsibilities for the review of the General Terms and Conditions of Business and the provisions for payment of fees under other legislation remain unaffected.

(7) Operators of communications networks or services shall have the general terms and conditions of business and the rules on charges and any modification of them in an electronic form specified by the regulatory authority to the regulatory authority. , The regulatory authority shall publish this information as well as information on the universal service, in particular on the facilities and services referred to in § 29 (2).

(8) Paragraph 6 is not applicable to operators of broadcasting networks and to operators in so far as they obtain the transmission of radio signals. Paragraph 4 Z 7 shall apply exclusively to operators of public telephone services. "

35. In accordance with § 25, the following § § 25a to 25d shall be inserted together with the headings:

" Cost Limit

§ 25a. The regulatory authority may, by means of a regulation, impose on operators the obligation to make facilities available to their subscribers in order to be able to control the running costs, provided that such facilities are not adequately controlled by the regulatory authority. Dimensions are offered on the market and if a need for increased cost transparency can be determined by the participants.

The regulatory authority may, in this Regulation, determine the level of detail and the form of the bodies referred to in paragraph 1 above, as well as the limits on the costs of measures to be taken from those measures. It may require the user to make use of specific cost control facilities, such as free warnings, or the setting up of free service officers in the event of an unusual or excessive consumer behaviour can. In doing so, it has to take into account the nature of the subscriber relationship and the service, the technical possibilities, the protection of personal data and the fact that participants are managing their expenditure and that they should be subject to excessive charges. can be reliably protected.

Special information requirements

§ 25b. (1) The operators of public communications services shall, prior to the conclusion of the contract, make information on the essential characteristics referred to in Article 25 (4) and (5) easily accessible in clear form.

(2) The regulatory authority may, by means of a regulation, determine individual content, level of detail and the form of information referred to in paragraph 1. In particular, it shall put an end to the nature of the subscriber relationship and the service, the comparability of the services, the easy comprehensibility, the clarity and the importance of the information for the usability of the service.

Rate Comparison

§ 25c. The regulatory authority may offer an electronic interactive tariff comparison which enables end-users to carry out an evaluation of alternative service offers if such an alternative service is not free of charge or to a appropriate price is offered. The comparison can also include essential contractual clauses of the various offers.

(2) Third parties shall have the right to use the information published by operators free of charge for the purpose of the sale or provision of interactive guides or comparable techniques.

Minimum Contract Duration

§ 25d. (1) Contracts for the provision of communications services between operators and consumers within the meaning of the KSchG may not exceed an initial minimum contract period of 24 months. Each participant shall be given the opportunity to conclude a contract for each communication service with a minimum contract period of no more than twelve months.

(2) Without prejudice to any minimum contract period, contracts concluded by undertakings providing communications services shall not provide for conditions and procedures for the termination of the contract, which shall be deemed to be a negative incentive for participants to change the operation of the contract. work. "

36. § § 26 to 30 together with headings:

" Term and Scope

§ 26. (1) Universal service is a minimum set of public services, to which all end-users must have access, irrespective of their place of residence or place of business, at an affordable price.

(2) The universal service shall, in any event, include the following services:

1.

access to a public communications network and to the public telephone service via which a fax can also be operated, including the transmission of data with data rates sufficient for functional access to the Internet;

2.

the provision of an inter-operator information service in accordance with the criteria set out in Article 28 (2),

3.

the establishment of an inter-operator directory of subscribers to public telephone services and access to that directory, in accordance with the criteria laid down in Article 28 (1),

4.

the provision of nationwide coverage with public offices at locations accessible at all times.

(3) Terms and conditions for services provided under the universal service by a mandatory undertaking shall be notified to the regulatory authority. Charges and changes in charges for services provided under the universal service by a mandatory undertaking may be subject to review by the regulatory authority, provided that there are reasonable grounds for suspecting that the charges may be do not comply with the principle of affordability, or other provisions of this Federal Law are violated. § 25 shall remain unaffected.

(4) In addition to the information referred to in § 25, the General Terms and Conditions of the Company obligated to provide the universal service as referred to in paragraph 2 (1) (1) shall also have information on facilities and services relating to expenditure control. (§ 29 para. 2) as well as additional service characteristics (§ 19).

Quality

§ 27. (1) The universal service must be available nationwide, at an affordable price, in a certain quality. The Federal Minister of Transport, Innovation and Technology, in accordance with the relevant international obligations and with regard to the state of the art, and taking into account the quality criteria as well as the target values, has taken into account the state of the art and the of the economic conditions laid down by the Regulation. Where:

1.

the time-limit for the first-time provision of a connection;

2.

the frequency of malfunction,

3.

the period of implementation of the disturbance;

4.

the share of successful connection structures on all connections,

5.

the connection setup time,

6.

the response times to the information service,

8.

the proportion of public speaking offices in the public sector and the provision of public office offices,

9.

the proportion of invoices complain of

,

(2) In a Regulation as referred to in paragraph 1, the proportion of public office bodies operating in the public sector shall also be adapted to the needs of end-users, including disabled users, with regard to geographical coverage and the use of mobile services.

(3) If the regulatory authority determines that the services of the universal service are not provided in full or in part by the competition, it shall immediately notify the Federal Minister of Transport, Innovation and Technology.

Cross-operator directory

§ 28. (1) In the case of offering an operator-cross participant directory, it shall be ensured that a uniform overall directory of all participants is available in printed form in accordance with § 69 in any case, and regularly, at least once annually, is updated. This also applies to a list of participants which is ordered according to the available data by sector (occupational groups). In addition, a directory of participants can also be offered in electronically readable form. If the participant does not require the subscriber directory to be forwarded permanently or once, no fee may be required for this.

(2) When providing an inter-agency information service, it is necessary to ensure that a generally accessible telephone directory service is available, which provides information on the data contained in the list of subscribers referred to in paragraph 1.

(3) The data provided for the overall directory and in the information service shall be processed and presented in accordance with the principle of non-discrimination.

Expenditure control

§ 29. For the purpose of providing the universal service, undertakings shall have to determine their charges and terms and conditions in such a way as to provide for the provision of facilities or services relating to the provision of a universal service; , participants shall not have to pay for facilities or services which are not necessary or which are not necessary for the service concerned.

(2) without prejudice to the right to suspend security barriers, operators of public communications services shall, upon request, once a year have the free access of links to freely calculable services or data services to their subscribers to the extent that this is subject to consumption-related charges. In particular, the protection worthy interests of end users, the technical possibilities, and the fact that end-users can control their expenditure are particularly important.

(3) Universal service providers shall also provide their subscribers with the following facilities and services:

1.

opportunities to pay for access to the public telephone network and the use of public telephone services in advance;

2.

Possibilities to pay for the production of access to the public telephone network in installers.

(4) The Federal Minister for Transport, Innovation and Technology may suspend these obligations by regulation in full or in part. In doing so, it is important to consider whether these service characteristics are already widely available, and to ensure that participants can monitor and manage their expenditure.

Provider

§ 30. (1) The Federal Minister for Transport, Innovation and Technology, with the support of the regulatory authority, has at least every five years to consider whether the universal service is to be provided by the market in competition. If this is the case, the obligation to discontinue the provision of the universal service has so far been to be untied with a communication from this obligation. To the extent that this is not the case, the universal service in question shall be publicly issued and awarded in accordance with the rules of procedure for the award of benefits. It may serve the regulatory authority. The invitation to tender may be carried out separately according to objective or regional aspects. However, the invitation to tender may be omitted if only one undertaking satisfies the operational conditions for the provision of the universal service and the provision of the universal service by that undertaking to the next Invitation to tender is expected to When awarding the contract, account must be taken of who will need the slightest contribution to the cost of the service. Where a number of operators are entrusted with the provision of objective or regionally differentiated services of the universal service, it is important to consider that, as a whole, the smallest possible amount of payments shall be made in accordance with § 31. An undertaking which is subject to an invitation to tender shall be subject to this obligation until the obligation to provide the universal service is imposed on another, or until a modest delivery is made.

(2) The invitation to tender must be published, at least in the "Official Journal of the Wiener Zeitung", with the setting of an appropriate application deadline and the indication of the area to be supplied and the nature of the service to be provided.

(3) If no offer has been made within the application period to provide the service advertised, the Federal Minister of Transport, Innovation and Technology may require the most suitable provider to perform this service in accordance with the conditions laid down in of this Federal Act as well as in the regulations issued pursuant to this Federal Act and in the terms and conditions laid down in the terms and conditions of the tendering procedure.

(4) If, despite the provision of competition within the meaning of paragraph 1, no operator, at the request of a specific potential participant, provides services within the meaning of Article 26 (2) (1) (1), the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has to require operators to supply this participant with a communication which was last released in accordance with paragraph 1 of the obligation to provide this service in this place. "

37. In § 31 (4), the word "Providers" by the word "operators" replaced.

38. In § 34 (1) and (2), after the expression "Section 1 (2)" of the words "and 2a" inserted.

39. § 34 is added after paragraph 3 of the following paragraph 4:

"(4) In the case of investments in the area of new and improved infrastructures, account should be taken of the specific risk associated with the investments concerned and of the distribution of risks in the determination of the appropriate return on investment."

40. In § 35 (4), the point after Z 13 is replaced by an accoration and the following Z 14 is added:

" 14.

vertical integration with collective refusal of delivery. "

41. § § 36 and 37 together with headings are:

" Market definition and market analysis procedures

§ 36. (1) This procedure shall be used to determine the relevant markets subject to sector-specific regulation and to establish whether they have significant market power in each of them, or whether they are more effective in determining whether they have significant market power. Competition shall be given and, where appropriate, the suspension, retention, amendment or imposition of specific obligations.

The regulatory authority shall, in accordance with the procedure referred to in paragraph 1 of its own motion, inform the relevant markets subject to the sector-specific regulation in accordance with national circumstances and in accordance with the principles of the general public Competition law, taking into account the specific geographical features of the competition situation, and the requirements of sector-specific regulation.

(3) The determination of the relevant markets by the regulatory authority shall be carried out on the basis of the provisions of the European Union. In this context, only markets characterised by significant and persistent structural or legal barriers to entry, in the longer term, do not tend to compete effectively and on which the application of the general market is not considered to be effective. Competition law alone is not sufficient to counteract the market failure in question.

(4) Where the regulatory authority, objective or geographic markets, intends to identify those markets which are identified in the Recommendation of the European Commission on relevant product and service markets in the electronic communications sector, in each case , it shall apply the procedures laid down in Articles 128 and 129.

The regulatory authority shall, in accordance with the procedure referred to in paragraph 1, carry out an analysis of the markets referred to in paragraph 2, taking into account the provisions of the European Union.

(6) The procedure referred to in paragraph 1 shall be initiated within three years of the adoption of a previous measure in connection with that market. This period may be extended by up to a further three years if the European Commission's regulatory authority has notified a reasoned proposal for an extension and the European Commission shall, within one month, report the following: Notification of the extension has not raised any objections.

(7) A procedure should be initiated within two years of the adoption of an amendment to the Recommendation of the European Commission on relevant product and service markets in the electronic communications sector in respect of those markets, to: to which the European Commission has not received any prior notification in accordance with § 129 TKG 2003.

(8) After the expiry of the periods referred to in paragraphs 6 and 7, the regulatory authority may request the BEREC to provide assistance for the analysis and the specific obligations to be fulfilled. In such a case, the draft measure shall be coordinated within six months in accordance with Section 129.

Imposition of specific obligations

§ 37. (1) Where the regulatory authority finds, in the procedure referred to in Article 36 (1), that on the relevant market one or more undertakings have significant market power and thus there is no effective competition, it shall have this or these undertakings to impose appropriate specific obligations pursuant to Sections 38 to 47a (1), in which case the possible competition between the different markets and any specific geographical features in relation to the competitive situation in the sense of the The choice and design of commitments is to be properly taken into account. Existing specific obligations for undertakings, provided that they concern the relevant market or specific geographical areas, shall be made by the regulatory authority in accordance with the results of the procedure, taking into account the Regulatory objectives shall be repealed, maintained, amended or re-imposed.

(2) If, on the basis of the procedure set out in Article 36 (1), the regulatory authority finds that a market defined for sector-specific regulation is no longer relevant, or that there is effective competition on a relevant market, and thus does not have a significant market market, it may not impose obligations pursuant to paragraph 1, with the exception of section 47 (2); in this case, the regulatory authority shall state that the relevant market is more effective in the relevant market Competition prevails. Where undertakings still have specific obligations with regard to this market, they shall be repealed with communication. This communication shall also fix a reasonable period of six months which shall not exceed the date of the repeal of the effective date of the repeal.

(3) In the case of trans-national markets established by the decision of the European Commission, the national regulatory authorities concerned shall conduct the market analysis in close coordination and in the light of the guidelines. Market analysis and assessment of significant market power and consensual whether one or more undertakings have significant market power, or whether effective competition is available. Section 36 (5) as well as section 37 (1) and (2) shall apply mutaly. "

42. According to § 37, the following § 37a and heading is inserted:

" procedural principles

§ 37a. (1) The Cartel Court, the Kartellobergericht, the Bundeskartellanwalt and the Federal Competition Authority are to be given the opportunity to draft a full-education act (§ 128) within four weeks in the course of the proceedings pursuant to Articles 36 and 37 of the draft law. To deliver an opinion.

(2) Party in proceedings pursuant to § § 36 and 37 shall in any case be subject to the obligation to maintain, amend or repeal the company which is subject to specific obligations.

(3) Parties in proceedings in accordance with § § 36 and 37are also those who have made credible their concern in accordance with § 40 sec. 2 KOG.

(4) If the regulatory authority has held an oral hearing with Edict, the Edict shall also contain, in addition to the content referred to in § 44d paragraph 2 AVG, the reference to the legal consequences in accordance with Section 42 (1) AVG.

(5) The regulatory authority shall, in accordance with Article 36 (2) and (5) and Article 37 (1) and (2), publish a copy and submit a copy to the European Commission. "

43. § 38 together with the title is:

" Equal treatment obligation

§ 38. (1) The regulatory authority may impose equal treatment obligations on undertakings with significant market power in relation to access.

(2) The equal treatment obligations shall in particular ensure that a company with significant market power offers equivalent conditions to other undertakings providing similar services under the same circumstances; and provides services and information to third parties on the same terms and conditions and with the same quality as for its own services, services connected to or third parties, with the conclusion of risk sharing contracts as well as Cooperation agreements to split the investment risk for new and improved infrastructure, provided that this does not affect competition.

(3) The regulatory authority may require a company with significant market power to publish a standard offer. In the standard bid, the undertaking shall be able to offer sufficiently detailed partial services that the service offers in question must be broken down into individual components in accordance with the market requirements, and the relevant conditions, including those of the To indicate charges.

(3a) Where an undertaking with significant market power is subject to an obligation under Article 41 in respect of physical access to the network infrastructure at the level of the network, the regulatory authority shall also have an obligation pursuant to paragraph 3 below: To specify minimum content.

(4) The regulatory authority may order changes to the standard bid to ensure the specific obligations imposed in accordance with Article 37 (1). "

44. § 39 (2) and (3) reads as follows:

" (2) To this end, the regulatory authority may, without prejudice to the provisions of Section 90, impose on undertakings with significant market power the following additional information obligations:

1.

information on accounting and cost accounting,

2.

technical specifications,

3.

Network characteristics,

4.

Terms of delivery and use,

5.

charges, including discounts, and

6.

any conditions that restrict access to services and applications or their use.

(3) The regulatory authority may determine what specific information is to be published by the undertaking with significant market power. This also includes the specific addressee price, the level of detail and the form in which the publications are to be made. "

45. In § 40 (3), the quote "§ 38 or 39" by quoting "§ 38, 39 or 40 (1) and (2)" replaced.

(46) § 40 is added after paragraph 3 of the following paragraph 4:

" (4) The separate breakdown of costs shall be reviewed annually by the regulatory authority. The test result shall be published by the regulatory authority. "

47. § 41 with headline reads:

" Access to network facilities and network functions

§ 41. (1) The regulatory authority may require undertakings with significant market power to grant access to and use of certain network components and associated facilities.

(2) The obligation referred to in paragraph 1 may in particular include the following obligations:

1.

to grant access to the network, to certain network components or to network facilities, including access to non-active network components, and to unbundled access to the local loop, inter alia, to the operator selection, which Allow operator pre-selection or resale offers for subscriber lines;

2.

Offer of certain services on wholesale terms and conditions for the purpose of distribution by third parties;

3.

to refuse to refuse access to facilities already granted;

4.

the conduct of negotiations in good faith with undertakings providing access to them;

5.

granting open access to technical interfaces, protocols or other key technologies necessary for the interoperability of services or services for virtual networks;

6.

Enabling collocation or other forms of common accommodation or use of associated facilities;

7.

the creation of the conditions necessary for the interoperability of end-to-end services, including the provision of facilities for intelligent network services or roaming on mobile networks;

8.

ensuring access to operational support systems or similar software systems, which are necessary to ensure fair competition in the provision of services;

9.

Interconnection of networks or network equipment, and

10.

Access to related services such as identity, location and availability service.

In the case of the imposition of the obligations referred to in paragraph 2, the regulatory authority shall, in particular, take into account:

1.

the technical and economic viability of the use or installation of competing facilities with a view to the speed of market development, taking into account the nature and type of interconnection and access, including the carrying capacity of other upstream access products, such as access to piping;

2.

the possibility of granting access in terms of available capacity;

3.

investment in new and improved infrastructure, taking into account any public investment made and investment risks;

4.

the need to ensure long-term competition, with particular reference to economically efficient competition in the infrastructure sector;

5.

industrial property rights or intellectual property rights;

6.

Provision of pan-European services.

(4) Where an operator is required to provide access in accordance with paragraph 1, technical or operational conditions to be met by the operator or by users of such access may be determined in so far as this is not the case. in order to ensure the normal operation of the network. "

48. § 42 (1) reads:

" (1) If the regulatory authority finds, in the procedure in accordance with Article 36, that a trader with significant market power may, at the expense of the end-users, maintain its prices at an excessively high level or practice price discrepancies, the regulatory authority may: regulatory authority with regard to the types of access to be determined, imposing obligations on cost recovery and control, including cost-oriented charges. In doing so, the regulatory authority shall take into account the operator's investments and allow it to provide a reasonable return on the capital invested, taking into account the risks involved and the future to generate market development and to conclude risk-sharing agreements as well as cooperation agreements. In addition, the costs and risks of investments for new and improved infrastructures must be taken into account in particular, and companies with significant market power may be granted conditions in respect of cost accounting methods. "

49. § 43 (1) reads:

" (1) Where the regulatory authority has established, in a market analysis procedure, that:

1.

there is no competition on the relevant end-user market; and

2.

Specific obligations under sections 38 to 42 would not lead to the achievement of the objectives set out in § 1 (2) and (2a),

it has to impose specific obligations under (2) or (3) on undertakings with significant market power on an end-user market. "

50. § 44 deleted.

51. § 45 together with headline reads:

" Obligations for undertakings with significant market power in respect of retail charges

§ 45. (1) Where an operator of communications services or networks has been obliged, in accordance with Section 43, to authorise its charges and general terms and conditions of business, an application for the approval of charges or general terms shall be submitted Terms and conditions, the regulatory authority shall decide on this application within eight weeks. Only the applicant shall have a party position.

(2) In the absence of a decision by the regulatory authority within this period, the charges or general terms and conditions applied for shall be deemed to be approved. The expiry date shall be inhibited, as long as the documents and evidence required for the approval are not provided by the applicant. The regulatory authority shall inform the applicant, within three weeks of the submission of his application, whether and, where appropriate, the documents required for the assessment of the cost orientation are to be submitted.

(3) The decision on charges applied for authorisation must be taken on the basis of the measures imposed in accordance with section 43 (2) and (3).

(4) The regulatory authority may also grant the authorization of the charges in the form of tariff developments (price-cap procedures); it may also provide for special tariffs.

(5) Where the achievement of effective competition requires this, the approval of charges may, in particular, include the following secondary provisions:

1.

adequate time-limit,

2.

the obligation to transmit certain data in accordance with § 90,

3.

Conditions relating to the date of the introduction of approved tariffs;

4.

a resolving condition in the event that a different tariff is introduced or amended after the approval has been granted,

5.

Requirements for the adjustment of approved charges in the event of a change in forward prices.

(6) The approval of General Terms and Conditions shall be refused if they do not comply with the provisions of this Federal Law or the regulations issued pursuant to this Act or § § 879 and 864a ABGB or the § § 6 and 9 KSchG. The responsibilities for the review of the General Terms and Conditions under other legislation shall remain unaffected. "

52. § 46 deleted.

53. In accordance with § 47, the following § § 47a and 47b shall be inserted together with the headings:

" Functional Separation

§ 47a. (1) In a proceeding according to § § 36 to 37a, the regulatory authority shall determine that the regulatory obligations imposed in accordance with Articles 38 to 42 or § 47 (1) have not led to effective competition and important and , where there are persistent competition problems or market failures in these markets, vertically integrated undertakings with significant market power in these markets may, as an exceptional measure, impose the obligation to carry out their activities in the Connection with the provision of the relevant access products (b) to accommodate wholesale level in an independently operating business unit, the purpose of which is to provide all the access products and services to all undertakings, including the other business units of its parent undertaking, with the shall be made available on the same terms and conditions, in particular with regard to prices and service levels, and by means of the same systems and procedures. The definition of the nature and extent of the obligation shall be determined by strict compliance with the principle of proportionality.

(2) Where the regulatory authority intends to impose an obligation pursuant to paragraph 1 to an undertaking, it shall submit a request to the European Commission which shall include the following content:

1.

proof that the conclusion of the regulatory authority referred to in paragraph 1 is justified;

2.

a reasoned assessment that there is little or no prospect of effective and sustainable competition on the relevant markets for wholesale access products within a reasonable timeframe;

3.

an analysis of the expected impact on the regulatory authority, on the undertaking concerned, in particular on its staff and on the electronic communications sector as a whole, and on the incentives to enter into a sector as a whole , in particular with regard to the need to maintain social and territorial cohesion and other stakeholders, in particular including an analysis of the expected impact on competition, and potential consequences for consumers;

4.

an analysis of the reasons why this commitment would be the most efficient means of enforcing remedial action to address the identified competition problems, or Cases of market failure should be addressed.

(3) In conjunction with the application referred to in paragraph 2, the regulatory authority of the European Commission shall forward a draft measure which shall include the following:

1.

the precise indication of the nature and extent of the separation, in particular the indication of the legal status of the separate business unit;

2.

the indication of the assets of the separate business unit and the products to be provided by the separate business unit; services;

3.

the organisational arrangements to ensure the independence of the staff of the separate business unit and the appropriate incentives;

4.

rules to ensure compliance with regulatory obligations;

5.

rules to ensure the transparency of operational procedures, in particular with regard to the other interest groups;

6.

a monitoring programme to ensure compliance with the obligations, including the publication of an annual report.

(4) The decision of the European Commission shall be based on the decision of the regulatory authority on the draft measure. If the European Commission agrees to the application, the regulatory authority shall, in accordance with § § 36 to 37a, carry out a coordinated analysis of the relevant markets concerned, within the framework of which the existing regulatory obligations in accordance with § § 38 to 42; Section 47 (1) is newly imposed, amended or repealed as a function of the result.

Voluntary functional separation

§ 47b. Undertakings which have been identified on a relevant market or in a number of relevant markets for wholesale access products, as undertakings with significant market power, shall notify the regulatory authority in advance if: they intend to transfer installations of their local access network, in whole or in part, to their own legal entity with another owner, or to establish a separate business unit, with a view to all refray, including the Our own business units in the retail sector, completely to offer equivalent access products. The regulatory authority shall also be informed of any changes to this intention and of the final outcome of the separation process. Such understandings shall be made in such a timely and comprehensive manner that the regulatory authority may assess the effect of the proposed transaction in accordance with paragraph 2.

(2) In accordance with § § 36 to 37a, the regulatory authority shall carry out a coordinated analysis of the relevant relevant markets within the scope of which the existing regulatory obligations according to § § 38 to 42 and/or § 47 para. 1 as a function of the result shall be newly imposed, amended or repealed. "

54. § 48 (2) and (3) reads:

" (2) Information that operators receive in the course of network access negotiations from other operators may use them only for the purpose for which they have received the data. In so doing, operators shall always maintain the confidentiality of the information transmitted and shall not be entitled to such information to third parties, in particular other departments, subsidiaries or business partners, for which this information has a competitive advantage , unless there is a different agreement between the operators.

(3) Standard bids pursuant to § 38 (3) shall be submitted to the regulatory authority. Agreements on access to the network shall be submitted to the regulatory authority on the basis of their reasoned request. "

55. § 49 (2) deleted.

Section 50 (1) reads as follows:

" (1) Comes between an operator of a public communications network or service which has been subject to specific obligations by the regulatory authority in accordance with § § 38, 41, 42 or 47 or which is based on § 22 (3), § 23 (2), § 48 or § 49 (3), and any other operator of a public communications network or service or a company benefiting from access obligations under this Act, an agreement on the obligations under § § 22 (3), 23 (2), (38), 41, 42, 47, 47a, 48 or § 49 (3), in spite of negotiations within a period of six weeks from the time the demand is received does not materiate, each of the parties concerned may bring the matter to the regulatory authority. "

Section 51 (1) reads as follows:

" (1) The Federal Minister for Transport, Innovation and Technology administers the spectrum of frequencies as well as the Austrian rights of use of orbital positions of satellites, taking into account the international agreements and taking into account of the high social, cultural and economic value of spectrum. It shall ensure efficient and trouble-free use by means of appropriate measures. "

58. § 51 (2).

59. § 52 together with headline reads:

" Frequency use plan

§ 52. (1) The Federal Minister for Transport, Innovation and Technology shall draw up a frequency-use plan in which the frequency ranges are assigned to the individual radio services and other applications of electromagnetic waves. In particular, it has to consider international harmonisation, technical development and the compatibility of radio spectrum use in the transmission media.

(2) The frequency-use plan shall include the division of the frequency ranges on spectrum use and the provisions for such spectrum use. In particular, the maximum field strength permissible for frequency use can also be determined, insofar as this is necessary for minimizing disturbances of other radio equipment. The frequency usage plan may consist of subplans.

(3) In the frequency use plan it may also be determined that the allocation of frequencies in individual frequency ranges is limited in number. Consideration shall be given to all present and foreseeable future uses, in particular taking into account the frequency planning at international and European level and the foreseeable technical development, taking into account the technological development work carried out in international organisations and the European Union, focusing on the duration of the frequency allocation to be expected, as well as taking into account the fact that the efficient use of the Frequencies are guaranteed. This definition shall be justified on the grounds that the justification is to be published.

(4) If the regulatory authority finds that the conditions set out in paragraph 3 are no longer available, it shall inform the Federal Minister of Transport, Innovation and Technology of this without delay. The definition in accordance with paragraph 3 shall be reviewed at appropriate intervals. "

60. The previous § 53 receives the sales designation "(1)" , the following paragraph 2 is added:

" (2) The determination of individual rights of use for frequencies (frequency allocation) shall only be permitted in the following cases:

1.

to avoid harmful interference,

2.

to ensure the technical quality of the services,

3.

to ensure the efficient use of radio frequencies, or

4.

in order to achieve objectives of general interest as defined in accordance with Union law. "

61. § 54 (1) and (2) shall be replaced by the following paragraphs 1, 1a, 1b, 1c, 1d and 2:

The frequency allocation shall be based on objective, transparent, non-discriminatory and reasonable criteria, based on transparent and objective procedures, in accordance with the frequency-use plan and the frequency allocation plan, and technology-and service-neutral.

(1a) By way of derogation from paragraph 1, however, the following conditions may be subject to proportionate and non-discriminatory restrictions on technology neutrality:

1.

to avoid harmful interference,

2.

on the protection of the population from health damage caused by electromagnetic fields,

3.

to ensure technical service quality,

4.

to ensure the widest possible joint use of radio frequencies,

5.

to ensure the efficient use of radio frequencies, or

6.

to ensure a target as defined in paragraph 1b.

(1b) A restriction of service neutrality, also subject to proportionality and non-discrimination, may, inter alia, be permitted

1.

for the protection of human life,

2.

in order to avoid the inefficient use of radio frequencies,

3.

on the strengthening of social, regional or territorial cohesion, or

4.

in respect of frequencies provided for in the spectrum use plan (section 52 (2)) for broadcasting within the meaning of the BVG broadcasting system, the promotion of cultural and linguistic diversity and media pluralism, in particular by the provision of radio broadcasting and television services.

(1c) The competent authority (par. 1a and 1b) shall be subject to restrictions as referred to in paragraph 1a and 1b. 3) periodically review the extent to which the requirements continue to exist. The results of the review shall be published.

(1d) In assessing the protection of human life and health, the state of the sciences is to comply with international standards as well as laws and regulations on general protection against electromagnetic fields.

(2) Frequencies shall be allocated for use if:

1.

have been designated for the intended use in the frequency use plan and cannot be used on the basis of a regulation pursuant to Section 74 (3) of this Regulation,

2.

are available in the intended area of use,

3.

the compatibility with other frequency uses is given. "

62. § 54 (6) reads:

"(6) The frequencies referred to in paragraph 3 (2) are to be allocated in a procedure in accordance with § 55."

63. § 54 (12) and (13).

64. § 54 (14) reads:

" (14) The decision on the allocation of frequencies by the telecommunications authority referred to in paragraph 3 (3) shall be taken within six weeks from the date of receipt of the complete application, in accordance with the terms of the spectrum use plan as part of the granting of consent pursuant to Section 81. unless, due to international agreements, the conclusion of a frequency coordination is to be completed. "

65. § 54 (15) shall be deleted.

66. In § 55 (4), the following sentence shall be inserted before the last sentence:

"In duly substantiated cases, the determination of the minimum bid may deviate from the orientation to the frequency allocation fees if this appears justified on the basis of the actual market value of the frequencies."

Section 55 (10) Z 2 and 3 reads as follows:

" 2.

Secondary provisions necessary to ensure the effective and efficient use of spectrum, including, where appropriate, requirements relating to the range and arrangements relating to the date of operation of the operation and of the supply, and, in the event of non-compliance with the obligations imposed, the imposition of pönals;

3.

technical and operational conditions for the avoidance of harmful interference and specific conditions for the limitation of exposure of the general public to electromagnetic fields in accordance with the criteria laid down in Article 54 (1d), provided that: these conditions are different from the general authorisation; "

Section 55 (11) reads as follows:

" (11) The regulatory authority may, at any stage of the proceedings, provide experts and advisers whose costs, as well as other cash outlays, are to be borne by the applicant to whom the frequencies are allocated. In the case of several applicants, the costs are to be divided aliquot. "

69. In § 56 (1), the last sentence is deleted.

70. According to Article 56 (1), the following paragraph 1a is inserted:

" (1a) In the context of the transfer of rights of use of radio frequencies, a change of the nature and extent of the use of the spectrum is deemed necessary in order to avoid adverse technical effects or adverse effects on competition, This amendment shall be made in accordance with the provisions of Section 57. "

71. In accordance with Section 56 (3), the following paragraph 4 is added:

" (4) The surrender of rights of use for frequencies allocated by the telecommunication offices shall be subject to the previous display at the telecommunications office. The panel is to be connected:

1.

the exact name of the certificate by which the rights of use were allocated for frequencies, the authorization to operate (§ 83), and the fees were imposed in accordance with § 82,

2.

the contract with which the rights of use are transferred,

3.

information on the identity of the successor,

4.

Details of the billing address of the successor in law.

The communication (Z 1) shall be applied to the legal successor at the same level as the indication of the display at the telecommunications office. "

72. § 57 with headline reads:

" Change of frequency allocation

§ 57. (1) The nature and extent of the frequency allocation may be amended by the competent authority where:

1.

significant increases in efficiency are possible due to the further development of technology, or

2.

this is due to international circumstances, in particular from the development of the international telecommunications law, or

3.

it is necessary to adapt to the international circumstances of changed spectrum uses, or

4.

Rights of use, which existed before 26 May 2011, do not comply with the requirements of § 54 (1a) to (1b) after the expiry of 25 May 2016.

In the event of such changes, account shall be taken of the proportionality of the measure and of the economic impact on the parties concerned. Amendments shall not go beyond the provisions of this section.

(2) In the proceedings referred to in paragraph 1, the allocation holder shall be notified of the intended change in the allocation and shall be given a period of at least four weeks for the opinion in accordance with Section 45 (3) of the AVG.

(3) The marketing authorisation holder shall, within a reasonable period of time, meet the costs of the changes ordered in accordance with paragraph 1 or 2. This does not justify any claim to compensation. Claims in accordance with the official liability law shall remain unaffected.

(4) At the request of the marketing authorisation holder, the competent authority (Section 54 (3)) may, in particular with regard to the requirement of technology and service neutrality, change the prescribed use of the spectrum, provided that this is due to the requirements of the competent authority. Use of the Frequency Usage Plan is permitted. In particular, it has to take account of technical developments and the effects on competition. Authorisation may include secondary provisions where necessary in order to avoid adverse effects on competition or technically efficient use of spectrum.

(5) In so far as the changed technical conditions of spectrum use deviate from the tender conditions (§ 55), the Federal Minister for Transport, Innovation and Technology shall be consulted.

(6) Changes in the rights of use of radio frequencies by the regulatory authority shall be notified to the relevant telecommunications authority. "

73. § 60 together with headline reads:

" Erasing the dispatch

§ 60. (1) An allotment shall be issued by:

1.

Renunciation

2.

Revocation,

3.

the expiry of the time for which it was granted; and

4.

Death or erasance of the legal personality of the arbiter, but not in the case of a general succession of social law.

(2) In the event of the death of the arbiter, the abandonment may take up this right up to the point of reply, but the representative of the legacy shall immediately notify the competent authority thereof.

(3) The allocation shall be revoked if the conditions for its grant have been omitted. It may be revoked if the marketing authorisation holder violates or repeatedly violates his duties or if the allocated frequency is not used within six months from the decision of the telecommunications authority in accordance with Section 81 in the allocated meaning, or has not exercised a commenced use for more than one year. The grant holder shall be given a reasonable opportunity to comment before the revocation.

(4) The allotment shall be revoked if the assets of the arbiter of the concourse have been opened or if the application for bankruptcy is not sufficient to cover the costs of the bankruptcy proceedings. , the competent authority may depart from the revocation if the continuation is primarily in the interest of the creditors.

(5) In the procedure referred to in paragraph 3, the regulatory authority shall apply Article 91 mutatily. A disposition pursuant to paragraph 3 does not justify any claim to compensation. Liability claims shall remain unaffected.

(6) A deletion of the allocation shall be notified without delay by the regulatory authority to the competent telecommunications authority. "

74. In § 62, the word "Provisioning" through the phrase "operators of communications networks and services" replaced.

Section 63 (1) reads as follows:

" (1) The regulatory authority has, by regulation, a plan for communication parameters, such as emergency numbers, including the European emergency number 112 and uniform numbers for harmonised services with a social value, in particular one Hotline for missing children under the telephone number 116000 within the meaning of Decision 2007 /116/EC, in which the conditions for the allocation of communication parameters are to be laid down. The communication parameter plan can consist of subplans. "

76. In § 65, paragraph 5, last sentence, the word "Communication Network" by the word "Communication service" replaced.

77. In § 65 (7) the number shall be "46" by the number "45" replaced.

78. The previous § 66 receives the sales designation "(1)" , the following paragraph 2 is added:

"(2) Communication parameters for which there is no proper usage right shall not be used."

79. In § 69 (3) the word "Provider" by the word "Operator" replaced.

§ 69 is added after paragraph 5 of the following paragraph 6:

"(6) Operators of public communications services shall inform their subscribers of the rights they are entitled to under (2) and (3) in a suitable manner."

§ § 70, 71 and 72 together with headings are:

" Late Payment

§ 70. The operator of a communications service may, in the event of a subscriber's payment delay, interrupt or shut down a service only if he has previously been subject to the threat of service interruption or disconnection, and has been unsuccessful in setting a grace period of at least two weeks. The operator may agree to an appropriate processing fee for the total ban on the service concerned, which is in default of late payment. If the operator only interrupts individual parts of the service concerned, no separate fee may be agreed for this purpose. An interruption of access to emergency calls is not permitted. A disconnection or interruption of services of the universal service within the meaning of section 26 (2) (1) and (2) shall not take place if the participant is exclusively subject to obligations arising from another contractual relationship of the universal service or from is defaulted to any other contractual relationship with the operator.

Review of charges

§ 71. (1) If a participant doubts the accuracy of the charges for a communications service charged to him, the operator shall, upon written request, review all the factors underlying the calculation of that amount and shall, on the basis of the Result of this check to confirm the accuracy of the settlement in writing or to alter the settlement accordingly.

(1a) Applications referred to in paragraph 1 may be submitted within three months.

(2) Where the regulatory authority is notified of an objection to the charges for a communications service charged by an operator, the maturity of the amount charged and disputed shall, from that date, be up to the for dispute resolution. Irrespective of this, the operator may immediately pay the amount equal to the average of the last three accounting periods.

(2a) At the request of the participant, the operator shall, for the duration of the dispute settlement procedure, reimburse that part of the fee already paid by the participant, which may not be due in accordance with paragraph 2. Once the procedure has been completed, too much of the amounts raised shall be reimbursed together with the statutory interest from the date of collection.

(3) In the event that the operator or the operator is responsible for the inspection procedure, in the dispute settlement procedure pursuant to Section 122 (1) (1) (1) no reason for recalculation of the amount disputed, the statutory default interest can be billed as from the due date stated in the invoice. The course of the period of limitation of § 1486 Z 1 of the German Civil Code (ABGB) is in respect of the total amounts of the invoices which are disputed pursuant to paragraph 2 for the duration of the dispute settlement procedure in accordance with Section 122 (1). Z inhibited.

(4) In the event that an error is found which could have affected the participant's disadvantage and the correct remuneration cannot be determined, the General Terms and Conditions, without prejudice to a judicial review, shall be subject to the following conditions: decision to fix a flat-rate payment based on the average level of use of this communication service by the subscriber, in so far as the operator is able to make a consumption credible at least to this extent.

Shutdown

§ 72. (1) Regardless of the initiation of an administrative prosecution procedure, the operator of a public communications network or service may invite a subscriber to be subject to disturbing or non-federal law relating to radio equipment and Telecommunications terminal equipment, BGBl. I n ° 134/2001, to remove the corresponding telecommunications terminal equipment from the network termination point without delay.

(2) The provisions of § 11 FTEG shall remain unaffected. "

82. § 74 with headline reads:

" Establishment and operation of radio equipment

§ 74. (1) The establishment and operation of a radio equipment shall only be permitted without prejudice to the provisions of the FTEG

1.

within the framework of the technical conditions of a Regulation referred to in paragraph 3, or

2.

following an indication of the operation of a radio system pursuant to a Regulation referred to in paragraph 3, or

3.

within the scope of an authorization to be granted in accordance with § 81 with simultaneous frequency allocation by the telecommunications authority (§ 54 para. 14) or the KommAustria (§ 54 para. 3 Z 1),

4.

in the context of an authorisation to be granted in accordance with § 81 after a frequency allocation by the regulatory authority in accordance with § 55.

(2) The authorization for the establishment and operation of an electrical equipment, which shall be deemed to be a radio equipment pursuant to § 3 Z 6, last sentence, shall be granted exclusively to authorities to the extent that they are subject to tasks of public security, defence, security and security. of the State or criminal justice system.

(3) In the cases not subject to § 53 (2), the Federal Minister of Transport, Innovation and Technology has to lay down the technical conditions and standards of conduct for the operation of radio equipment by regulation. Consideration shall be given to the international standardisation and to ensuring the proper and trouble-free operation of a telecommunications system. To the extent that this is necessary for the monitoring of the disturbance-free operation of radio equipment, this Regulation may stipulate that certain radio applications shall be subject to a notification requirement in accordance with Section 80a. "

83. In accordance with § 80, the following § 80a and title shall be inserted:

" Display procedure

§ 80a. The commissioning of a radio system in accordance with a regulation in accordance with § 74 (3) shall be notified to the telecommunications authority in writing. The advertisement shall contain the information according to § 81 (1) (1) (1) to (3). "

§ § 81 to 83 together with the headings:

" Authorisation Procedure

§ 81. (1) Applications pursuant to Section 74 (1) (3) and (4) shall be submitted in writing. In any case, the application shall contain:

1.

the name and address of the applicant;

2.

Information on the intended use of the radio equipment and

3.

Information on the functioning of the radio system,

4.

an all-due decision of the regulatory authority in accordance with § 55.

At the request of the Authority, documentation shall be provided for the verification of the technical characteristics of the radio equipment and the declaration of conformity of the equipment used.

(2) In the case of an application in accordance with paragraph 1, the telecommunications office shall be required to decide where the radio equipment shall be operated in the local area of activity. The KommAustria has to decide on applications pursuant to paragraph 1 concerning radio transmission systems which are intended for radio broadcasting within the meaning of the BVG broadcasting system. The Authority shall take the decision within six weeks from the date of receipt of the complete application, unless it is necessary to wait for the conclusion of a frequency coordination as a result of international agreements. If the authority has to conduct a comparative selection procedure, the period shall be extended by eight months.

(3) If a radio equipment is to be established or operated in the local area of activity of two or more telecommunications offices, or if frequencies are to be used which have been allocated by the regulatory authority in accordance with § 55, the telecommunications office shall be: where the applicant has its principal place of residence in the local area of activity of the applicant. If such a system does not exist, then the telecommunications office is responsible for the first time in which the radio equipment is to be put into operation in its local area of operation.

(4) In the event that the allocation of frequencies has not been carried out by the regulatory authority, the competent authority responsible pursuant to Section 54 (3) shall decide on the allocation in accordance with the criteria of § 54.

(5) For a period of not more than ten years, decisions pursuant to § 83 shall be granted for a limited period of time.

(6) Restrictions according to § § 75 76 and 83 may contain secondary provisions. In the cases of § 55, additional requirements may be imposed which are necessary in order to ensure the trouble-free operation of other radio equipment within the framework of the specific use of the radio system, in particular if a Coordination procedure with domestic or foreign radio equipment is required. In other cases, obligations and obligations may be imposed on compliance with the conditions and conditions of compliance with the circumstances of the case for the protection of the life or health of persons according to the criteria of § 54 (1d), in order to avoid Damage to property, to compliance with international agreements, to secure the undisturbed operation of other telecommunications equipment or to other technical or operational concerns appears to be necessary.

(7) In the cases of Section 56 (4), the telecommunications authority shall, at the request of the successor in law, issue a notice of determination on the transfer of the complaint.

Fees

§ 82. (1) Fees are to be paid for advertisements in accordance with § 80a, authorisations and authorisations under this Federal Act.

(1a) The obligation to pay the fees shall enter into force at the time when the authority is legally granted or the official act is carried out. In the case of advertisements in accordance with § 80a, the obligation arises at the same time as the notification has been submitted to the authority.

(2) The fees to be paid in accordance with paragraph 1 shall be used to pay the charges for the management of the frequencies, for the planning, coordination and updating of spectrum uses, and for the measurements, tests and tests required for this purpose. Compatibility studies to ensure efficient and trouble-free use of spectrum. Fees may be provided in the form of:

1.

a one-off fee for advertisements in accordance with § 80a,

2.

a one-time allotment fee for rights of use of spectrum,

3.

a periodic usage fee for frequencies,

4.

a one-off fee for other administrative acts in accordance with the provisions of this Act.

The allocation fee shall not be charged in cases where a frequency usage fee is paid. For the services of the authorities and organisations entrusted with rescue tasks or with the task of maintaining public peace, order and security, the authorization for the establishment and operation of radio equipment shall be: for the sole purpose of carrying out these tasks, no fees are to be paid.

(3) The fees referred to in paragraph 2 shall be determined by the Federal Minister for Transport, Innovation and Technology in agreement with the Federal Minister of Finance by Regulation. Consideration shall be given to the personnel and material costs associated with the achievement of the said objectives and to the optimum use of the spectrum resources. It is also necessary to consider whether frequencies are used commercially.

(4) Where a person has withdrawn charges by an unlawful act, the telecommunications office shall, irrespective of the penalty imposed on the basis of the unlawful act, charge the culprit for the unpaid fee within the period of limitation after the date of expiry of the period of limitation of the period of limitation of the period of limitation of the period of limitation of the period to prescribe the sentences in force in order to establish the unlawful act.

(5) Backlog fees may be recovered by means of a residue payment method.

(6) The Regulation referred to in paragraph 3 for frequencies which are intended for radio broadcasting within the meaning of the BVG broadcasting system, other than those which are not intended to be used for broadcasting in the sense of the BVG radio, is to be adopted by KommAustria. In such cases, the proceedings pursuant to paragraph 4 of this Article shall also be carried out by the KommAustria.

Granting of authorisation

§ 83. The authorization for the establishment and operation of a radio equipment shall be granted, except where:

2.

the requested frequencies are not available in the intended area of use or cannot be allocated on account of existing uses of frequencies;

4.

have not been passed for at least six months since a revocation pursuant to Section 85 (3);

5.

a risk to public safety is to be feared by the putting into service;

6.

by the commissioning of the service, the performance of official tasks is impeded. "

85. § 84 (2) reads:

" (2) The Authority may amend granted permits in the public interest if, for important reasons, this

1.

on the security of public telecommunications,

2.

from technical or operational matters,

3.

in the case of changes in the frequency allocation in accordance with § 57,

4.

is necessary to adapt to the international circumstances of changed spectrum uses. In doing so, the economic and operational interests of the holder of the authorization shall be subject to the possible protection. "

86. § 85 with headline reads:

" Deletion of the authorization

§ 85. (1) The authorisation shall be issued.

1.

by the end of the period for which it has been issued;

2.

by the waiver of the holder of the authorization;

3.

by revocation;

4.

by extinguisher of the frequency allocation in accordance with § 60.

(3) The revocation shall be issued by the authority which issued the authorization if:

2.

this is necessary in order to ensure the undisturbed operation of a public communications network;

3.

the holder of the authorization has breached the provisions of this Act or has breached the conditions or conditions to be fulfilled on the basis of the authorization;

4.

the conditions for the granting of the authorization have been omitted;

5.

the installations are not, or are not, operated in accordance with the intended use; or

6.

the installations are not operated on the basis of the technical characteristics authorised and the holder of the authorization has not carried out any changes in spite of the contract, or

7.

the holder of the authorization does not pay the fees prescribed in accordance with § 82, despite a two-times reminder.

(5) The revocation shall not constitute a claim for compensation.

(6) Revocation and renunciation shall not be bound by any time limit. The waier shall be made in writing to the authority which issued the authorization. "

87. In accordance with § 85, the following § 85a, together with the title, is inserted:

" Untersagung

§ 85a. The operation of a radio system may be prohibited by the telecommunications authority if:

1.

the notification provided for in the Regulation is not reimbursed in accordance with Article 74 (3); or

2.

the conditions and codes of conduct laid down in the regulation pursuant to Section 74 (3) of the Regulation are not complied with; or

3.

which are not paid in accordance with § 82 for advertisements, despite a two-time reminder; or

4.

in the event of non-existence of a necessary authorization pursuant to § 81, a radio facility shall be operated. "

88. § 86 (3) reads:

" (3) Telecommunications installations and their operations shall be subject to the supervision of the telecommunications authorities. For the purposes of this section, telecommunications equipment shall be deemed to be all installations and equipment for the processing of communications, such as, in particular, communications networks, cable broadcasting networks, radio equipment and telecommunications terminal equipment. "

89. In § 87 (2) the last sentence is:

" The provisions of § § 121 (2) and (3) and § 122 (3) of the Criminal Procedure Code 1975 (StPO), BGBl. No 631 shall apply, unless the purpose of the measure would be foiled by it. "

The following sentence shall be added to Article 88 (1):

" Where a telecommunications system is disrupted by an electrical installation or an electrical equipment which is not subject to the supervision of the telecommunications offices, the telecommunications office shall have the responsibility for the supervision of the disruptive system. Authority to report. "

Article 90 (1) reads as follows:

" (1) operators of communications networks or services and holders of rights of use of radio frequencies or communications parameters shall be obliged to provide the Federal Minister of Transport, Innovation and Technology and the regulatory authority with to provide the information necessary for the enforcement of this law and the relevant international rules. These are in particular:

1.

information for the systematic or case-by-case review of the obligations arising from this federal law or from a regulation or an act adopted pursuant to this Federal Law,

2.

information for a case-by-case review of the obligations where the regulatory authority has a complaint or, for other reasons, has a breach of obligations or is carrying out an investigation,

3.

information in procedures for the allocation of frequencies or communication parameters,

4.

Information for a procedure pursuant to Articles 36 to 37a,

5.

Information for the publication of quality and price comparisons for services to the benefit of consumers, and

6.

Information on future network or service developments which might affect the existing services at the level of the service at the level of the network.

Such information shall be provided within the time-limit and in accordance with the time-frame and in the details required. Information pursuant to Z 3 may also be required by companies prior to their activity. The information requested shall be proportionate to the performance of the tasks. The request must be justified and informed to the person concerned for which specific purpose the information provided is to be used. A refusal of the exchange of information on the basis of contractually agreed business and business secrets is not permitted. § 125 shall remain unaffected. "

92. In § 91 (1), the last sentence is deleted.

93. § 91 (4) the following sentence is added:

"These measures shall be temporary for up to three months and may be extended by a further three months in the event of particularly serious circumstances."

94. In § 91 (7), the last sentence is deleted.

95. In accordance with § 91, the following § 91a and heading is inserted:

" Lock of value-added service numbers

§ 91a. (1) The regulatory authority has, in the case of substantiated indications, that the provisions of the Regulation pursuant to § 24 (1) and (2) or (2) or § 63 (2) (2). a contained provisions relating to:

1.

the remuneration information immediately prior to the use of the service,

2.

the payment information during the use of the service, or

3.

The dedicated use of a phone number

shall be infringed and, as a result, serious economic disadvantages for users are to be feared, in relation to the operator of the communications service, the operator concerned or the operators in whose communications networks the telephone number is routed shall be ordered without delay, subject to the application of Section 57 of the AVG. The held lock does not give rise to any claim to compensation against the person pledging to obtain the lock.

(2) The case referred to in paragraph 1 shall be published on the website of the regulatory authority. The regulatory authority shall have an overview of the blocked telephone numbers. "

96. § 92 (1) reads:

" (1) The provisions of this Section shall apply to the processing and transmission of personal data in connection with the provision of public communications services in public communications networks, including public communications services. Communication networks that support data collection and identification devices. Insofar as this federal law does not determine otherwise, the provisions of the Data Protection Act 2000, BGBl, are subject to the facts governed by this Federal Act. I No 165/1999. '

97. § 92 (3) Z 6 reads:

" 6.

"location data" means data processed in a communication network or by a communication service indicating the geographical location of the telecommunications terminal of a user of a public communications service, in the case of: of fixed telecommunication terminal equipment are location data the address of the institution; "

98. § 92 (3) the point after Z 16 is replaced by a stroke point and the following Z 17 is added:

" 17.

"breach of the protection of personal data" means any breach of security which is accidental or unlawful for the purpose of destruction, loss, alteration or unauthorised disclosure of or transfer of personal data to or from the Member State of the European Union. shall result in unauthorised access to personal data which are transmitted, stored or otherwise processed in connection with the provision of public communications services in the Community. "

99. In § 93 (2), after the word "Operator" the phrase "a public communications network or service" inserted.

100. § 95 together with the headings is:

" Data security measures

§ 95. (1) The obligation to issue data security measures within the meaning of Section 14 of the Data Protection Act 2000 in connection with the provision of a public communications service shall be the responsibility of any operator of a public communications service in each case for each service provided by him.

(2) Without prejudice to paragraph 1, in those cases where there is a particular risk of breach of confidentiality, the operator of a public communications service shall have the participants of that risk and, if the risk is outside the The scope of the measures to be taken by the operator is to be informed of possible remedies, including their costs.

(3) The operators of a public communications service shall, without prejudice to the provisions of the 2000 DSG, ensure, in any case, by means of data security measures:

1.

to ensure that only authorised persons have access to personal data for legally authorised purposes;

2.

the protection of stored or transmitted personal data against unintentional or unlawful destruction, accidental loss or alteration, and unauthorised or unlawful storage or processing; unauthorised or unauthorised or unauthorised or unauthorised disclosure;

3.

the implementation of a security concept for the processing of personal data.

The regulatory authority may examine the measures taken by the operators of public communications services and may make recommendations on the level of safety to be achieved. "

101. In accordance with § 95, the following § 95a with headline is inserted:

" Breaches of security

Section 95a. (1) In the event of a breach of the protection of personal data, without prejudice to § 16a, and without prejudice to the provisions of the Data Protection Act 2000, the operator of public communications services shall immediately inform the Data Protection Commission of this Notify injury. If it is assumed that persons in their privacy or the personal data themselves are affected by such a breach, the operator shall also immediately notify the persons concerned of this breach.

(2) The operator of public communications services may depart from a notification of the persons concerned if it is demonstrated to the Data Protection Commission that it has taken appropriate technical protection measures and that such measures shall be taken in accordance with the have been applied to the data affected by the security breach. In any case, these technical protective measures must ensure that the data are not accessible to unauthorised persons.

(3) Without prejudice to the operator's obligation pursuant to paragraph 1, second sentence, the Data Protection Commission may, after taking into account the probable adverse effects of the breach, also the operator of public communications services Prompt to perform a notification.

(4) In the notification to the persons concerned, in any event, the nature of the breach of the protection of personal data shall be described, contact points for which further information may be obtained, and measures to limit the the possible adverse effects of the breach of personal data protection. The notice to the Data Protection Commission shall also include the consequences of the breach of the protection of personal data and the measures proposed or taken by the provider of public communications services following the breach. .

(5) Further details, in particular the form, procedure or conditions for the notification of a breach of security, may be laid down by the Federal Chancellor by means of a regulation. The Data Protection Commission may, on a case-by-case basis, also make appropriate arrangements to ensure that the persons concerned are informed of the effects of the breach of security. It may also draw up guidelines relating to security breaches.

(6) The operators of public communications services shall have a list of violations of the protection of personal data. It shall contain information on the circumstances of the injuries, their impact and the remedies taken, and shall be appropriate to enable the Data Protection Commission to verify compliance with the provisions of paragraphs 1 to 4.

(7) The Data Protection Commission shall inform the regulatory authority of the security breaches necessary for the performance of the tasks conferred on the regulatory authority by Section 16a. "

102. § 96 together with headline reads:

" Privacy-General

§ 96. (1) Master data, traffic data, location data and content data may only be determined or processed for the purpose of erecting a communication service.

(2) The transmission of the data referred to in paragraph 1 may only take place in so far as the provider of a public communications service for the provision of that communications service for which that data has been identified and processed is required. The use of the data for the purpose of marketing communications services or the provision of services with additional benefits, as well as other transfers, may only be carried out on the basis of the consent of the persons concerned which can be revoked at any time. This use shall be limited to the necessary level and the period necessary for marketing. Operators of public communications services may not make the provision of their services subject to such consent.

(3) Operators of public communications services and providers of a service of the information society within the meaning of Section 3 (1) of the E-commerce Act, BGBl. I n ° 152/2001, are obliged to inform the participant or user of the personal data he/she will identify, process and transmit, on what legal basis and for what purposes, and for how long the data will be Data is stored. A determination of this data is only permissible if the subscriber or user has given his consent to this. This shall not preclude technical storage or access if the sole purpose is to carry out the transmission of a communication over a communications network or, if it is strictly necessary, to ensure that the provider of a communication network is The information society service, which was expressly requested by the subscriber or user, can provide this service. The participant shall also be informed about the usage possibilities on the basis of the search functions embedded in electronic versions of the directories. This information shall be provided in a suitable form, in particular within the framework of the General Terms and Conditions and at the latest at the beginning of the legal relationship. The right of information in accordance with the Data Protection Act shall remain unaffected. "

103. In Section 98 (1), the following shall be referred to: "Operator" the phrase "a communication network or service" inserted.

104. In § 98, the following paragraphs 3, 4 and 5 are added:

" (3) Operators according to § 20 have access to location data within the meaning of § 92 (3) Z 6 of the telecommunications terminal, from which the emergency call number was selected, directly after receipt of an emergency call, and to make available to operators in accordance with § 92, paragraph 3, Z 6 of the telecommunication terminal equipment. Request for information on master data according to § 92 (3) Z 3 lit. a to d.

(4) The operators of communications networks shall have no charges for the identification of the location of the telecommunications terminal, provided that international standards are available for this purpose.

(5) The Federal Minister of Transport, Innovation and Technology may use the Regulation to determine the details of the investigation, in particular the accuracy and reliability of the location investigations and the transfer of the location of the Set the telecommunications terminal. In this context, it has, in particular, international standards, basic requirements in the public interest, technical possibilities and the investments required for this purpose, and any existing contractual agreements between providers of communications networks or services and operators of emergency services, as well as the appropriateness of the necessary economic effort. "

105. Section 99 (2) reads as follows:

The operator of a public communications network or service shall have to store traffic data where this is necessary for the purposes of the transfer of final customer or pre-service charges. The traffic data shall be deleted or anonymized as soon as the payment transaction has been carried out and the charges have not been received in writing within a period of three months. However, the data shall not be deleted if:

1.

a period of appeal has been filed until the expiry of that period within which the settlement can be legally challenged.

2.

the invoice has not been paid until the expiry of that period up to which the right to payment may be claimed, or

3.

a procedure on the level of the charges has been initiated pending the final decision.

These data shall be made available in the event of dispute of the decisive institution as well as of the arbitration body (§ 122). The extent of the stored traffic data shall be limited to the strictly necessary minimum. "

106. Section 100 (1) reads as follows:

" (1) The participant fees shall be presented in the form of an individual proof of pay. The participants are entitled to receive invoices without proof of a single payment. In the event of a contract conclusion, the participant must be able to choose between an invoice in electronic or paper form. The possibility of the participant to receive a free invoice in paper form may not be excluded by contract. If the proof of payment is made available in electronic form, it must be possible for the participant to receive the individual proof of payment on a separate request without any charges in paper form. The proof of payment has an indication of the possibility of checking the charges as well as a current contact possibility for the operator sending the proof of payment. "

107. Section 104 (4) is deleted.

108. § § 105 and 106 together with headings are:

" Automatic Call Forwarding

§ 105. The operators of communications networks and services shall, in the case of services offered by them, where call forwarding is possible, shall, at the request of the subscriber, free the automatic transmission of the communication networks and services provided by third parties. Call forwarding to the subscriber's telecommunications terminal equipment to be cancelled. If a number of operators are involved in the call diversion, they shall cooperate.

Fishing gear, annoying calls

§ 106. (1) Fishing circuit is the identification of the identity of a calling connection, which is independent of the will of the caller.

(2) If a subscriber wishes to prosecute calls for harassment, the operator of the communications service has to set up a fishing circuit for future calls or to arrange for the operator of the communications network. The capture circuit can also consist in the cancellation of the suppression of the call number display and the storage of the incoming call numbers by the operator. He or she may require an appropriate remuneration for this.

(3) The result of the fishing gear or the cancellation of the suppression of the call number indication shall be stored by the operator of the communication service and shall be disclosed to the subscriber for those calls for which he credible the fact of harassment during the surveillance "

109. Section 107 (5) reads as follows:

" (5) The sending of electronic mail for the purpose of direct marketing is inadmissible at any rate if:

1.

the identity of the sender on whose behalf the message is transmitted, veiled or concealed, or

2.

the provisions of Section 6 (1) of the E-Commerce Act are infringed, or

3.

the addressee is requested to visit websites that violate the said provision; or

4.

there is no authentic address to which the addressee can send a request for the setting of such messages. "

110. In § 109 para. 1 the Z 3 reads:

" 3.

shall establish or operate a radio system in accordance with section 74 (1) of this Directive; "

111. In § 109 para. 1 the Z 8 reads:

" 8.

contrary to § 78 (4), operates radio transmission systems with unallocated frequencies or call signs; "

112. In Section 109 (1), the following Z 11a is inserted after Z 11:

" 11a.

operate a radio facility against a breach in accordance with § 85a; "

113. In Section 109 (1), the point after Z 13 is replaced by a line-point and the following Z 14 is added:

" 14.

Contrary to Section 122 (1), it is not part of the dispute settlement procedure. "

114. In Section 109 (2), the following Z 3a is inserted after Z 3:

" 3a.

, contrary to § 65 (5), transmits communication parameters to other users; "

115. In Section 109 (3), the Z 1 reads:

" 1.

Contrary to § 16a (1) or (2), no measures are taken to ensure network integrity and network security; "

116. In Section 109 (3), the following Z 1a, 1b and 1c shall be inserted after Z 1

" 1a.

Contrary to Article 16a (4), a security check is not to be carried out or information to assess the security or integrity of its services and networks, including documents relating to its security measures, or the results of its services, Security clearance shall not be transmitted;

1b.

Contrary to Article 16a (5), security breaches do not inform the public or inform the public at the request of the regulatory authority, no information on the quality of service is published or this information is provided by the regulatory authority does not disclose;

1c.

does not publish information on quality of service or does not disclose this information to the regulatory authority, contrary to Article 17 (1) thereof; "

117. In Section 109 (3), the Z 8 reads:

" 8.

, contrary to § 23 (1) and (4), does not guarantee number portability; "

118. In Section 109 (3), the following Z 8a is inserted after Z 8:

" 8a.

Contrary to Article 23 (5), an inadmissible telephone number transmission is carried out; "

119. In Section 109 (3), the following Z 11a is inserted after Z 11:

" 11a.

Contrary to § 66 paragraph 2, use of communication parameters without the right of use; "

120. In Section 109 (3), the following Z 15a and 15b are inserted after Z 15:

" 15a.

shall not make a notification contrary to Section 95a (1) or (3);

15b.

contrary to Section 95a (6), does not lead to a list;

121. In § 109 para. 4, the Z 3 reads:

" 3.

Contrary to § 25 (1) or 2 of the General Terms and Conditions of Business or charges or amendments to the General Terms and Conditions or the provisions of the regulation of the regulatory authority, not in good time before the service or the in-power of the Change or manifest change; "

122. In § 109 para. 4, the Z 4 reads:

" 4.

Contrary to § 90 (1) Z 4, the scope of proceedings pursuant to § § 36 to 37a does not participate in the scope of the procedure laid down in § 90; "

123. In § 109 para. 4, the Z 6 reads:

" 6.

a regulation issued by RTR-GmbH and KommAustria or a communication issued by RTR-GmbH, Telekom-Control-Commission or KommAustria pursuant to this Federal Law; "

124. In § 111, Section 1 reads:

" (1) If the regulatory authority finds that a company is in breach of this federal law, against the provisions of a regulation adopted pursuant to this Federal Act, or against a decision adopted pursuant to this Federal Act, the regulatory authority may submit an application to the cartel court to declare an amount and to declare it to be depleted. The level of the levy depends on the extent of the economic benefits and may be fixed by the cartel court with up to 10% of the company's turnover of the previous year. The regulatory authority shall have party status in this procedure. "

125. In Article 111, the following paragraph 1 is inserted after paragraph 1:

" (1a) If the proof of the amount of the prejudice obtained in an unlawful manner is not to be provided at all or only with disproportionate difficulties, the cartel court may, on request or on its own account, for a reasonable amount of money. Firm conviction. "

126. Section 113 (3) last sentence reads:

"If a measure concerns the scope of two or more telecommunications offices, it is necessary, without prejudice to § 81 (3), to act by mutual agreement."

127. Section 113 (5) and (6) reads:

" (5) The Federal Minister for Transport, Innovation and Technology (the highest telecommunications authority) is responsible for

1.

basic requirements for the activity of the regulatory authority in accordance with § 18 para. 3 u 4 KOG,

2.

the authorisation and handling of the provisions necessary for the implementation of the international treaties, in particular the use of the frequency spectrum;

3.

the decision on appeals against the authorities of the telecommunications offices and the office for radio equipment and telecommunications terminal equipment, in so far as there is no responsibility for an independent administrative body.

(6) The regulatory authority shall carry out an evaluation of the statutory provisions on a regular basis and, after consulting the Federal Minister of Transport, Innovation and Technology, the result of the communication report (§ 19 KOG) every two years. "

128. In Article 115, the following paragraph 1 is inserted after paragraph 1:

" (1a) RTR-GmbH shall be the regulatory authority in accordance with the Regulation on BEREC (§ 3 Z 8a). In matters which fall within the competence of KommAustria, the agreement with them shall be established. "

129. In accordance with § 115, the following § 115a and heading is inserted:

" Regulatory approach

§ 115a. (1) The Telekom-Control Commission has a regulatory approach for electronic telecommunications with regard to the tasks assigned to it by law. The regulatory approach has regulatory considerations in compliance with the purpose and objectives of § 1 (1) to (3), as well as in accordance with the relevant policy statements and concepts of the European Union, the Federal Government and the Länder. to include foreseeable developments in the field of electronic communications, in order to promote the predictability of regulation.

(2) The regulatory approach shall include a reasonable planning period, but a period of planning which exceeds a cycle of market analysis. As far as this is necessary, it may also be amended before the end of this period, under the guidance of the reasons. It shall be published on the Internet site of the regulatory authority. Prior to publication, interested persons shall be given the opportunity to comment within a reasonable period of time. "

130. § 117 together with headline reads:

" Tasks

§ 117. The following tasks are assigned to the Telekom-Control-Commission:

1.

the decision in proceedings pursuant to Articles 6, 7, 9, 11, 12a and 13;

1a.

Decisions on safety reviews in accordance with § 16a (4),

2.

Decision in proceedings pursuant to Article 18 (3),

2a.

Decisions in proceedings pursuant to § 22,

2b.

Decisions in proceedings according to § 24a,

3.

Exercise of the right of objection in accordance with § 25,

4.

Determination of the financial compensation to be made from the universal service fund in accordance with § 31,

5.

the determination of the amount to be paid to the universal service fund in accordance with § 32,

6.

determination of the relevant markets subject to sector-specific regulation as well as the determination of whether or not they have significant market power in each of them, or whether there is effective competition, and the Cancellation, retention, modification or imposition of specific obligations pursuant to Articles 36 to 37a,

7.

Decision in proceedings pursuant to § § 23 (2), 38, 41, 42, 47, 47a, 47b (2), 48 and 49 (3),

7a.

Decisions in proceedings pursuant to § 50,

8.

Approval of terms and conditions and charges as well as the exercise of the right of objection in accordance with § § 26 and 45,

9.

Allocation of frequencies in respect of which a determination has been made in the frequency use plan in accordance with section 52 (3), in accordance with § 54 (3) Z 2,

10.

Decision on the release of frequencies in accordance with § 56,

11.

Change in the frequency allocation in accordance with § 57 and revocation of the frequency allocation in accordance with § 60,

12.

Decision on the right to provide communications networks or services in accordance with Article 91 (3),

13.

Decision on injunctions pursuant to Article 91 (4),

13a.

Decisions in proceedings pursuant to § 91a,

14.

Determination and application in accordance with § 111,

15.

Application to the Cartel Court pursuant to § 127,

16.

Decisions pursuant to § 130 (1). "

131. In Article 118, the following paragraph 6 is inserted after paragraph 6:

" (6a) The resignation of a member pursuant to paragraph 6 shall be published in the Official Journal by the Federal Minister for Transport, Innovation and Technology in the Vienna newspaper. The outgoing member may require that the reason for the departure be announced in the context of this publication. "

132. In § 120 paragraph 1 lit. a is the expression "§ 2 Private Television Act" by the expression "Audivisual Media Services Act" replaced.

133. Section 120 (1) Z 3 reads as follows:

" 3.

Tasks according to § 15, § 16a, § 17, § 21 and § 25, "

134. Section 124 shall be inserted after the first sentence of the following sentence:

"This also includes information on the general content, the number and duration of the appeal procedures."

135. Section 126 shall be added in accordance with section 2 of the following paragraph 3:

" (3) The regulatory authority may, after consulting the Data Protection Commission, take measures to ensure effective cross-border coordination of enforcement of the provisions of the 12-year-old Directive. Section of existing legislation and the creation of harmonised conditions for the provision of services subject to the scope of this federal law, with which a cross-border flow of data is connected. In good time before the adoption of such measures, the regulatory authority of the European Commission shall provide a summary of the reasons for action, the measures envisaged and the approach proposed. The regulatory authority shall take the utmost account of the recommendations of the Commission if it decides to take such measures. "

136. § 127 with title reads:

" Application rights in the cartel court

§ 127. (1) If, in the course of its activities, the regulatory authority has the presumption that an issue is subject to the Antitrust Act, it shall examine the facts and, if necessary, have an application pursuant to Section 28 (1) and (2) of the Cartel Act 2005 (KartG 2005), BGBl. 61/2005, to be addressed to the Cartel Court.

(2) In the event of infringements of the prohibitions contained in the first main piece of the KartG 2005 and in the event of non-compliance with the commitments declared binding in accordance with Section 27 of the KartG 2005, an application obligation exists for the regulatory authority, provided that the purposes and objectives of this Federal Law referred to in § 1 are affected. "

137. § 129 together with headline reads:

" Coordination procedure

§ 129. (1) Subject to a draft full-education act in accordance with Section 128, which will have an impact on trade between Member States,

1.

the market definition or market analysis (Articles 36 and 37); or

4.

obligations imposed in accordance with § § 38 to 43;

the draft shall be made available to the European Commission, BEREC and the national regulatory authorities of the Member States of the European Union at the time of the conclusion of the consultation procedure pursuant to Section 128, together with a statement of reasons. .

(2) If the European Commission, BEREC or the national regulatory authorities of the Member States have taken a position on the draft in question within one month, these opinions shall be taken as far as possible into account. Except in the cases referred to in paragraph 3, the resulting full-education act may be put into effect. It shall be forwarded to the European Commission and to BEREC.

(3) The full-education action shall be postpone for a further two months, if:

1.

the European Commission, in its opinion as referred to in paragraph 2, stated that it considers that the full-education action would create a barrier to the internal market or that it has serious doubts as to its compatibility with Union law, in particular with the objectives set out in Article 1, and

2.

the full-drawing action relates to the definition of the market or to the market analysis in accordance with Articles 36 and 37.

(3a) If, within the period referred to in paragraph 3, the European Commission requests that the draft be withdrawn, giving objective and detailed reasons, the full-education action shall be amended within six months; or to withdraw. Amended drafts shall be subject to the procedures in accordance with § § 128 (1) and (129) (1).

(3b) However, the full-education action shall be postpone for a further three months, if:

1.

the European Commission, in its opinion as referred to in paragraph 2, stated that it considers that the full-education action would create a barrier to the internal market or that it has serious doubts as to its compatibility with Union law, in particular with the objectives set out in Article 1, and

2.

the full-education act refers to the imposition of specific obligations pursuant to § § 38 to 43.

(3c) Within the period referred to in paragraph 3b, the regulatory authority shall cooperate closely with the European Commission and BEREC in order to identify the most appropriate and effective measure with regard to the objectives of § 1.

(3d) If BEREC, within the first six weeks of the period referred to in paragraph 3b in an opinion, shares the concerns of the European Commission in accordance with paragraph 3b Z 1, the regulatory authority may maintain the draft of the full-education act or To take account of the opinions of the European Commission and BEREC, or to withdraw.

(3e) The European Commission shall judge under the conditions laid down in Article 7a (5). a framework directive a recommendation to the regulatory authority and the regulatory authority has not withdrawn the draft full-education act in accordance with section 129 (6), the regulatory authority shall have the planned full-education act within the scope of the one month, but at the latest following the implementation of a procedure in accordance with § 128. If the regulatory authority does not amend or withdraw the full-education act in accordance with the recommendation, the reasons for this shall be justified.

(3f) The regulatory authority may withdraw drafts of acts of full drafts referred to in paragraph 1 at any stage of the procedure.

(3g) procedural time limits remain in the course of the implementation of the procedure referred to in paragraph 1.

(4) In the absence of the procedures referred to in paragraphs 1 and 3, full-time education acts in accordance with paragraph 1 may be adopted for a period not exceeding three months, provided that the immediate full-education action is necessary in the presence of exceptional circumstances. in order to ensure competition and protect user interests. The European Commission, BEREC and the national regulatory authorities of the Member States of the European Union shall be informed without delay on the basis of a full justification. The procedure referred to in paragraph 1 shall be carried out prior to the extension of the period of validity of the enforcement action.

(5) For reasons of convenience, a standard-setting body may arrange for publication of the draft as well as the publication by the regulatory authority of the solicitous statements.

(6) The regulatory authority shall have a list of the pending cases referred to in paragraph 1 and shall publish it. "

138. The previous § 130 receives the sales designation "(1)" , the following paragraph 2 is added:

" (2) The regulatory authority may ask BEREC for an opinion on the measures to be taken in accordance with the Framework Directive or the Specific Directives for the settlement of the dispute. If BEREC has been asked for an opinion, the regulatory authority, which has a competence in the dispute, shall wait until BEREC has delivered its opinion before taking any action to resolve the dispute. Procedural deadlines shall remain in place until the opinion is delivered. This shall not affect the ability of the regulatory authority to take emergency measures where appropriate. "

139. The previous § 132 receives the sales designation "(1)" , the following paragraph 2 is added:

" (2) With the entry into force of the Federal Law BGBl. I No 102/2011 shall be repeal of the following legislation:

1.

the Federal Chancellor's Ordinance on the Promises of Broadcasting and Telekom Regulierungs-GmbH in the Federal Law Gazette II, Federal Law Gazette II, BGBl. II No 38/2005;

2.

the Regulation of the Federal Minister for Science, Transport and the Arts on a system of tariff design for certain telecommunications services (telecom rate design regulation), BGBl. No 650/1996;

3.

The Regulation of the Federal Minister of Public Economy and Transport, laying down the framework conditions for the release of terms and conditions for the transfer of transmission routes and for the provision of reserved telecommunications services (Framework Directive Regulation), BGBl. No 756/1994;

4.

The Regulation of the Federal Minister of Science and Transport for the purpose of determining the interconnection (interconnection regulation), BGBl. II No 14/1998;

5.

The Regulation of the Federal Minister for Science, Transport and the Arts, with which frequencies and frequency bands are dedicated to radio systems harmonized across Europe (Radio Frequency Ordinance-FWV), BGBl. No 313/1996;

6.

the Regulation of the Federal Minister of Public Economy and Transport on the implementation of the Telecommunications Act 1993 concerning the telecommunications authorities in the field of broadcasting (1). Implementing Regulation concerning the Telecommunications Act 1993-1. DVO-FG), BGBl. N ° 230/1994;

7.

the Regulation of the Federal Minister of Science and Transport on the declaration of compliance by the manufacturer of terminal equipment (final instrument manufacturer's declaration), Federal Law Gazette (BGBl). II No 122/1997:

8.

the Regulation of the Federal Minister of Public Economy and Transport on conformity assessment procedures for the approval of terminal equipment (conformity assessment regulation), BGBl. No 791/1994. '

140. § 133 (1) and (2) are:

" (1) At the time of the In-Force meeting of the Federal Law BGBl. I n ° 102/2011, administrative procedures pending after the second paragraph shall be BGBl in accordance with the provisions of the Federal Law on force until the entry into force of the Federal Law. No 102/2011 in the substantive legal situation and on procedural law, including jurisdiction.

(2) Procedure according to the second section, the final decision of which is based on the before entry into force of the Federal Law BGBl. No 102/2011 shall be adopted and, by the recognition of the Constitutional or Administrative Court, it shall be concluded after the substantive legal situation and procedural law which have been passed at the time of the closing date of the final decision "

141. In Article 133, the following paragraph 2a is inserted after paragraph 2:

" (2a) At the time of the entry into force of the Federal Law BGBl. I No 102/2011 pending proceedings pursuant to Section 71 (3) of this Regulation shall not apply to § 71 (3), last sentence. "

142. Section 133 (3) of the last sentence is deleted.

143. Section 133 (7) and (8).

144. Section 133 (9) reads as follows:

"(9) The Federal Minister for Transport, Innovation and Technology shall, at the latest one year after the entry into force, verify whether the universal services are being provided by the market in competition."

145. Section 133 (11) reads as follows:

"(11)" The Telecommunication Marches Ordinance 2008 (TKMV 2008), BGBl. II No 505/2008 in the BGBl version. II No. 468/2009, remains in force until the first procedure in accordance with § § 36 and 37 idF BGBl. I No 102/2011 shall be concluded with regard to the respective markets to be reviewed in accordance with these provisions. "

146. Section 133 shall be added to the following paragraphs 12 to 14 in accordance with paragraph 11:

" (12) At the time of the entry into force of the Federal Law BGBl. I No 102/2011 before the ComeAustria procedure after the 5. In addition to the coordination procedure in accordance with § 129, the Section is subject to the procedural and material provisions of this Federal Act as amended by the Federal Law BGBl. I n ° 50/2010 and the Broadcasting Market Definition Regulation 2009 (RFMVO 2009), published on 30 April 2009 in the Official Journal of the Vienna newspaper. The same shall apply to the Federal Communications Senate if an appeal is lodged against a communication by the KommAustria pursuant to the preceding sentence, or if the Constitutional Court or the Administrative Court has issued an appeal in such a procedure. Communication of the Federal Communications Council is annulled and the procedure is again pending at the Federal Communications Senate.

(13) The Regulation on the transfer of numbers between mobile networks (number-transfer regulation-NÜV), BGBl. II No 513/2003, shall not enter into force on 1 March 2012.

(14) Paragraph 54 (1a) to (1d) shall apply only to rights of use granted after 25 May 2011. "

147. Section 135 (2) reads as follows:

"(2) Regulations of the regulatory authority shall be available in the Federal Law Gazans II."

148. § 136 with headline reads:

" Enforcement

" § 136. (1) The Federal Minister for Transport, Innovation and Technology shall be responsible for the enforcement of this Federal Act, unless otherwise specified in paragraphs 2 to 8.

(2) The Federal Chancellor, in agreement with the Federal Minister for Transport, Innovation and Technology, is entrusted with the enforcement of Section 16 (4).

(3) The Federal Chancellor is entrusted with the enforcement of § § 16a (10), 82 (6) and (95a).

(4) The Federal Minister of Transport, Innovation and Technology is responsible for the enforcement of Section 82 (3) and Section 118 (7) in agreement with the Federal Minister of Finance.

(5) The Federal Minister of Transport, Innovation and Technology is responsible for the enforcement of Section 94 (1) in agreement with Federal Minister of the Interior, the Federal Minister for Justice and the Federal Minister of Finance.

(6) The Federal Minister of Justice, in agreement with the Federal Minister for Transport, Innovation and Technology, and the Federal Minister of Finance, shall be responsible for the enforcement of Section 94 (2).

(7) The Federal Minister of Transport, Innovation and Technology is responsible for the enforcement of Section 94 (3) in agreement with the Federal Minister for the Interior and the Federal Minister for Justice.

(8) The Federal Minister of Transport, Innovation and Technology is responsible for the enforcement of Section 94 (4) in agreement with the Federal Minister for the Interior and the Federal Minister for Justice.

(9) The Federal Minister of Justice is responsible for the enforcement of § 108.

(10) The Federal Minister of the Interior shall be responsible for the enforcement of Section 114 (1). "

149. Section 137 shall be added to the following paragraphs 5 and 6 in accordance with paragraph 4:

" (5) § § 25, 25b, 25d, 70, 71 (1a), 95 (3) (3) and (100), as amended by the Federal Law BGBl (Federal Law Gazette). I No 102/2011 shall enter into force three months after the Federal Law BGBl has been held. I No 102/2011 shall enter into force.

(6) § 29 (2) in the version of the Federal Law BGBl. I No 102/2011 shall enter into force six months after the Federal Law BGBl has been held. I No 102/2011 shall enter into force. '

Article 2

Amendment of the KommAustria Act

The KommAustria-Law, BGBl. I n ° 32/2001, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In accordance with § 17, the following § 17a and title shall be inserted:

" Managing Director for the Department of Telecommunications and Post

§ 17a. (1) The Managing Director of RTR-GmbH for the Department of Telecommunications and Post is appointed by the Federal Minister for Transport, Innovation and Technology. A reorder is allowed. The order has to be preceded by an invitation to tender for general application. The invitation to tender is to be issued by the Federal Minister for Transport, Innovation and Technology and to be published in the "Official Journal of the Wiener Zeitung".

(2) After the end of the operating period, the previous Managing Director shall continue the business until the appointment of a new Managing Director.

(3) Not to be appointed as managing director:

1.

persons according to § 4 Z 1, 3 and 6;

2.

Persons who are in a service, order or company relationship with an operator of a communications network or service, or an operator of postal services, and persons who are in close proximity to those who are engaged in a service, contract or service the RTR-GmbH, the Department of Telecommunications and Post, or are affected by it;

3.

Persons who have exercised one of the activities and functions mentioned in Z 1 or 2 within the last year.

(4) The managing director shall not engage in any activity for the duration of his duties, which could cause doubts as to the independent performance of his duties or the presumption of a partiality, or which he/she may have in the performance of his or her duties. obstructed or jeopardise essential service interests.

(5) The managing director shall be obliged to inform the Federal Minister of Transport, Innovation and Technology without delay of activities which he exercises in addition to his activities in RTR GmbH.

(6) The function as managing director shall be deleted

1.

through time-lapse;

2.

by death;

3.

in case of resignation in accordance with § 16a GmbHG;

4.

in the event of a loss of eligibility for the National Council;

5.

noting with the statement of the Federal Minister of Transport, Innovation and Technology that the managing director is incapable of proper functioning due to severe physical or mental infirmary;

6.

with the conclusion of the Telekom-Control-Commission, that the managing director has been violating his obligations under Section 17 (2) or has failed to comply with a instructions in accordance with section 18 (2);

7.

with the determination of the Post-Control-Commission, that the managing director has been violating his obligations under Section 17 (3) or has failed to comply with a instructions pursuant to Section 18 (2);

8.

noting with the determination of the Federal Minister of Transport, Innovation and Technology that the managing director has failed to comply with a instructions pursuant to section 18 (3) (3) (3) (3);

9.

noting with the statement of the Federal Minister of Transport, Innovation and Technology that the managing director has not provided information pursuant to section 18 (4);

10.

noting that the Federal Minister of Transport, Innovation and Technology has established that there has been an incompatibility according to paragraphs 3 to 5.

(7) The statements referred to in paragraph 6 (6) (5) to (10) shall be justified by the respective competent institution and shall be published in the "Official Journal of the Wiener Zeitung". At the request of the managing director, a notice of order must be issued.

(8) Erlischt the function of the Managing Director in accordance with paragraph 6 Z 2 to 10, the managing director for the department of media of the RTR-GmbH is entrusted with the management of the telecommunications and post office in an interim period until a new Managing director in application of paragraph 1 has been appointed. "

2. § 18 (3) last sentence is amended as follows:

" The respective institution may grant substantiated instructions in compliance with its supervisory law of RTR-GmbH; however, this does not apply in the case of Z 3, insofar as RTR-GmbH performs tasks according to § 17 (2) and (3). In the case of Z 2 and 3, these instructions shall be given in writing and published. "

3. The first sentence is deleted in Section 18 (5).

4. § 40 (3) Z 4 reads:

" 4.

where appropriate, an indication that the procedure is conducted with the assistance of electronic communications channels and that the procedures may be carried out by means of edict on the website of the regulatory authority in the proceedings and in the proceedings; "

Section 40 (6) reads as follows:

" (6) If the initiation of proceedings has been made known to Edict, the proceedings and deliveries in the proceedings may be carried out by Edict on the website of the regulatory authority. § 44f AVG is to be applied in a reasonable way. "

6. In § 44, the following paragraph 16 is added:

" (15) § 17a together with the title and § 18 in the version of the Federal Law BGBl. I No 102/2011 shall enter into force on 26 May 2011. § 17a (3) Z 3 shall apply to the Managing Director appointed after 26 May 2011. "

Article 3

Amendment of the Consumer Co-operation Act

The Federal Act on the Cooperation of Authorities in Consumer Protection (Consumers ' Cooperation Act-VBKG), BGBl. I n ° 148/2006, is amended as follows:

1. In Section 3 (1), the following Z 6 shall be inserted after Z 5:

" 6.

Die in § 113 paragraph 2 of the Telecommunications Act 2003-TKG 2003, BGBl. I n ° 70/2003, for the regulation on the implementation of the directive set out in the Annex to Z 6, whereby the jurisdiction of section 113 (3) of the TKG 2003 is to be applied in a reasonable way. "

2. In Section 4 (2), after the phrase "§ 3 (1) Z 4" the phrase "and Z 6" .

3. In the Annex, the following Z 6 shall be added after Z 5:

" 6.

Article 13 of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. No. OJ L 201, 31.7.2002, p. 37).

Fischer

Faymann