102. Federal law that modifies the Telecommunications Act 2003, the KommAustria Act and the consumer authorities cooperation law
The National Council has decided:
Amendment of the Telecommunications Act 2003
The Telecommunications Act 2003 - TKG 2003, Federal Law Gazette I no. 70/2003, as last amended by Federal Law Gazette I no. 50/2010, is amended as follows:
1. paragraph 1 paragraph 2:
"The following objectives are to be achieved (2) through measures of regulation:"
1. to create a modern electronic communication infrastructure to promote the site quality at a high level;
2. ensuring a fair and effective competition in the provision of communications networks and communications services including in the provision of content by a) ensuring maximum benefit in terms of choice, price and quality for all users, taking particular account of the interests of disabled users, elderly people and people with special social needs;
b) prevent distortions or restrictions of competition;
(c) to promote efficient infrastructure investment and innovation, as well as the securing of existing and future investment in communications networks and services;
(d) ensure the efficient use and management of frequencies and numbering resources;
(e) efficient use of existing infrastructure.
3. to promote the interests of the population, taking particularly into account the interests of disabled users, elderly people and people with special social needs, through a) provision of a nationwide universal service;
b) protection of users in particular through a simple and inexpensive procedure for the settlement of disputes, as well as a high level of data protection;
(c) provision of information, in particular in the form of transparent charges and terms and conditions;
(d) securing the integrity and security of public communications networks."
2. in article 1, after paragraph 2, the following paragraph 2a is inserted:
"(2a) the regulators have in the pursuit of the objectives referred to in paragraph 2 to apply objective, transparent, non-discriminatory and proportionate regulatory principles by them among other things"
1 promote this regulatory predictability that they maintain a consistent regulatory approach over appropriate review periods;
2. ensure that operators of communication networks and services under similar circumstances experienced no discrimination in the treatment;
3. competition for the benefit of the participants protect and, where appropriate, promote infrastructure-based competition;
4. efficient investment and innovation in new and enhanced infrastructures, also promote that they ensure that any access obligation take due account of the risk of investing companies, and allow various cooperation agreements to diversify investment risk between investors and access seekers, while at the same time ensure that competition in the market and the principle of non-discrimination are respected;
5. the various conditions relating to competition and participants, that prevail in the different geographical areas, take into account;
only then impose 6 regulatory obligations, if there is no effective and sustainable competition, and these obligations loosen or repeal, as soon as this condition is fulfilled."
3. paragraph 1 para 3 and 4:
"(3) the measures referred to in paragraph 2 and 2a are largely technology-neutral fashion. Innovative technologies and services, as well as emerging markets are subject to only that regulation which is necessary in order to avoid distortion of competition and that is required to achieve the objectives of this Act.
(4) by this federal law, following directives of the European Union are implemented:
4. § eliminates 3 Z 1.
5. paragraph 3 No. 2 to 4:
"2. operates a company that built a network of this kind,"Providers of communication networks", controlled or makes available;
3. "Operator of a communication service" a company that exercises legal control of all the functions that are necessary for the provision of the respective communication service and provides these services to others;
4. "Operator of a communication network" a company that has the legal and actual control over the entirety of the network functions. Operation of a communications network within the meaning of this Act shall not exist unless the connection to other public communication networks exclusively through those interfaces, which generally apply to the local loop;"
6 paragraph 3 No. 7 and 7a:
"7"harmful interference"means interference, which poses a threat or otherwise seriously degrades a radio service, which is operated in accordance with the applicable international, European Union law or national regulations, for the functioning of a radionavigation service or other safety services obstructs or repeatedly interrupts;
"7a"Frequency assignment": the designation of a given frequency band for use by one or several types of radio services, where appropriate, under precisely defined conditions;"
7. According to section 3, Z 8 following Z 8a is inserted:
"8.a"BEREC"with Regulation (EC) No. of 1211/2009 a body of European regulators for electronic communications;"
8 paragraph 3 Nos. 10 and 11:
"10 different"Communication line"or above ground-run transmission (communication equipment) including their accessories such as switching amplifier - or branch facilities, power supply, wiring in buildings, masts, antennae, towers and other supporting constructions, pipes, conduits, cable ducts, manholes and cabinets;"
"11"Communications network"means transmission systems and, where appropriate, mediation or routing equipment and other resources - including network elements which are not active-, the electronic transmission of signals by wire, radio, optical or other electromagnetic facilities allow, including satellite networks, fixed (circuit - and packet-switched, including Internet) and mobile terrestrial networks, cable systems, unless they be used for signal transmission networks for radio and television and cable broadcasting networks (broadcasting), regardless of the type of information conveyed;"
9 paragraph 3 Z 16:
' 16 "public telephone service" available to the public a quality service for the execution of outgoing and incoming calls or domestic and international calls directly or indirectly through one or more numbers in a national or international telephone numbering plan; '
10 paragraph 3 Z 18 to 20:
"18."public telephone network"means a communication network, which is used to provide public telephone services;"
19 "Participants" a natural or legal person, with an operator signed a contract for the provision of communications services;
20 "Local loop" means the physical circuit connecting the network termination point with a distribution node or an equivalent facility in the fixed public communication network is connected to;"
11 paragraph 3 Z 23:
"Access" the exclusive or non-exclusive provision of facilities or services for another company under certain conditions to the provision of communications services, including their use for the provision of information society services or broadcast content services. Including covers inter alia: access to network elements and associated facilities, which may involve also the fixed or non-fixed connection of devices (this includes in particular access to the local loop and to facilities and services that are required to service via to provide the local loop); Access to physical infrastructure including buildings, ducts and masts; Access to relevant software systems including systems for operational support; Access to information systems or databases for pre-ordering, provisioning, ordering, requests for maintenance and repair work, as well as billing; Access to number translation or systems offering equivalent functionality; Access to fixed and mobile networks, in particular for roaming to enable; Access to conditional access systems for digital television services and access to services for virtual networks;"
12. According to § 3 Z 23 is inserted following Z 23a:
"23a."related services"those with a communication or a communication service-related services which enable the provision of services through this network or the service or support or are able to do so; These include among other things systems to number translation or systems offering equivalent functionality, conditional access systems and electronic program guide and other services such as services related to identity, location and presence of the user;"
13 § 3 Z 25 last sentence reads:
"Interconnection is a special case of access and is made between operators of public communications networks."
14 paragraph 4 section 2:
"(2) for frequency allocations, carried out in the scope of exemptions, as well as to amend and to revoke this frequency allocations of the Federal Minister for transport, innovation and technology is responsible. Before allocation of frequencies, which are foreseen in the frequency utilisation plan (§ 52 para 2) for broadcasting within the meaning of the BVG-Rundfunk, in a permit referred to in paragraph 1, as well as modification of these licences is an opinion of the KommAustria to obtain, before allocation of frequencies in the meaning of § 51 para 3, an opinion of the regulator is to overtake."
15 paragraph 5 paragraph 1:
"Include the right (1) rights without prejudice to the obligations to be fulfilled by other statutory provisions
1. to establish and maintain communication lines with the exception of the construction of antenna masts in the sense of § 8 ABS 6, 2nd to the construction and maintenance of management bases, switching equipment and other management objects or other accessories, 3. introduction, management and transmission cables (especially fiber and cables) and their conservation in buildings, parts of buildings (especially in cable ducts and other facilities for the laying of cables) and other buildings , 4 for the operation, expansion and renewal of investments mentioned under Nos. 1, 2 and 3, provided that this is done without permanent physical intervention, as well as 5 the pruning, which refers to removing troublesome tree planting and felling individual trees, as well as making of copies by groves.
The content of the respective cable right arises from the agreement or the decision of the regulatory authority."
16 paragraph 5 paragraph 4:
"(4) provider of a public communications network are entitled to rights of private properties in claim, provided that public considerations not in the way and when"
"1. the dedication intended use of the property by such use not or only slightly all the time is restricted and 2. shared use of equipment, cables or other equipment is not possible or not advisable according to article 8, paragraph 1, 1 c or 2."
17 paragraph 6 para 2 and 3:
"(2) rights not be regulated cases in para 1, so the line entitled has in writing and has been proven to make known the intended project in the presence of a plan sketch the owner of the property and to offer this a compensation in accordance with § 5 par. 5. Insist on the property utilized other systems, is to proceed to their companies in the same way.
(3) an agreement on the right of the line on private property or compensation within a period of four weeks from the proven announcement of the project is reached between the pursuant to § 5 para 4 debtor and to the owner, each of the parties can call the regulatory authority for the decision."
18 section 4-6 accounts for § 6.
19 § § 7 to 9 together with headings are:
"Right to use lines secured by law or systems
"Section 7 (1) is on a plot a line secured by legal or investment by the holder also for the construction, the operation, the extension or renewal of lines of communication is used, to tolerate this from the owner if through the establishment, operation, the extension or renewal of the communication line of the dedication intended of plot is not permanently in addition constrained." Compensation is the owner or otherwise entitled to use, if not such has already been paid for a use for purposes of communication.
(2) the regulatory authority sets a uniform indicative rate to reasonable one-time compensation in consultation with representatives of the parties concerned with regulation.
(3) as soon as an offer is put the landowners compensation in accordance with the uniform indicative rate or if a such compensation has already been paid for a use for communication lines, the use of land for the purposes referred to in paragraph 1 is not inhibited. An agreement on the exercise of the right of use or payment within a period of four weeks after the offer on compensation is reached between the beneficiaries referred to in paragraph 1 and the property owners, each of the parties can call the regulatory authority for the decision.
§ 8 (1) a way, management or right of use under this Federal Act or by other federal or state laws on the basis of a decision or an agreement with the owner who made, the shared use of those rights or of the needs on the basis of these rights wiring in buildings, masts, antennae, towers and other supporting constructions built buildings, parts of buildings or other structures for communication lines usable equipment, cables or other equipment such as building entrances, , Pipes, conduits, cable ducts, manholes or junction boxes or parts thereof for communication lines in so far this permit, as him economically reasonable and it is technically acceptable.
(1a) under the conditions of the economic reasonableness and the technical justification also a holder of cable ducts has to allow joint use for communication lines, pipes or parts thereof.
(1B) in exercising the rights under paragraph 1 and paragraph 1 (c) are the use of existing facilities, as well as future technical developments that require the preliminary version management and pipework - slot capacity, to take into account.
(1c) owners of buildings, parts of buildings or other structures must use within this wiring, moved their or unless the first concentration or distribution point lies outside of the building, part of the building or the other buildings, up to the first concentration or distribution point, by the provider of a public communications network for communication lines in so far this permit, as them economically reasonable and it is technically viable and a doubling of this infrastructure would be economically inefficient or impossible.
(2) owners or other authorised an antenna carrying pole or a power line pole must allow its joint use by the provider of a public communications network by fire brigades, rescue services and security authorities, provided them this economically reasonable and it is technically, in particular frequency possible. For this reason required technical changes the owner or other authorised has perform, or to perform when dealing with minor changes and the shared use referrer assumes the cost. The right to shared use includes the sharing of the infrastructure necessary for operation. The owner or other authorised may exercise its authority over the system, not to the detriment of the power.
(3) is located on a plot of land a facility, the owner or otherwise beneficial owner in accordance with paragraph 1, 1a, 1 c and 2 is obligated to allow shared use, is also this shared use by the owner or otherwise beneficial owner of the land to tolerate, if not permanently in addition by the dedication intended of plot is restricted. If by this additional shared use an increased physical stress of the plot may not be excluded the owner or beneficial owner of the land has a right of assent.
(4) one is the loaded through a shared right to adequate monetary compensation. While the cost of building the used with facility, including the cost of the acquisition, are adequately to take into account the running costs and the other costs associated with the shared use and the merchantability of charges.
(5) power line towers are structures with foundations, earthing, insulators, accessories and fittings that create lines or cable systems with an operating voltage of 110 kV or more serve the transmission of electrical energy.
(6) antenna masts are poles or other buildings, which were built for the purpose, or actually used to antennas, these are those parts of a radio system which are directly to the transmission or reception of electromagnetic waves to carry.
Granting of rights of use
9. (1) everyone in accordance with § 8 para 1, 1a and 1c committed must submit providers of public communications networks to demand a tender for shared use. Each obligated party in accordance with § 8 paragraph 2 must submit an offer for shared use providers of public communications networks, as well as fire brigades, rescue services and security authorities on demand. All those involved have to strive for the goal of this connection, to enable sharing and facilitating.
(2) an agreement on the shared use of right or the compensation within a period of four weeks of receipt of the demand is reached between the debtor and the person entitled, any of the parties can call to the regulatory authority for the decision.
(3) providers of public communications networks are obliged to draw up agreements for the sharing of antenna masts used by them.
(4) agreements are in accordance with paragraph 3 to present the regulatory authority and to publish this. Agreements on sharing rights according to § 8 shall be provided the regulatory authority on its reasoned request."
20 paragraph 10 para 1 and 2:
"(1) upon exercise of rights according to articles 5, 7 and 8 is with starting protection of unused land, buildings, parts of the building or buildings or the systems utilized, cables or other equipment and the rights of third parties, as well as ways harassing in as little as possible to take action." In particular, the beneficiary has during the execution of the work at his own expense for the tunlichste maintenance of proper use of unused land, buildings, parts of the building or buildings or the systems utilized and make sure lines or other equipment to produce a klaglosen State after the work is completed as quickly as possible. Also, consideration is to take on other existing or approved work.
(2) pruning can be admired only in the for the establishment, maintenance, operation, the extension or renewal claimed extent unavoidable necessary Z 1, 2 or 3 specified equipment, cables or other equipment in § 5 para 1. Breakdowns may be required only by closed forests by the person entitled, if resulting in no economic alternative of wiring and do not jeopardize the conservation and forest-appropriate management of the forest as a result."
21 § § 11 and 12 together with headings are:
"Right of disposal of the contaminated
§ 11 (1) the rights under articles 5, 7 and 8 are not impeded the loaded in free disposal of their land, buildings, building parts or buildings or facilities utilized, lines or other facilities (modification, construction, installations or other measures, which according to sections 5, 7, or 8 make recourse to inadmissible). Such an order requires the removal or modification of an installation of the entitled party or such this can be damaged, so the loaded has to inform the beneficiary within reasonable time before beginning work this. The beneficiary has the necessary precautions in time, making, where appropriate, the removal or transfer its plant at its own expense. The person entitled may submit an alternative proposal the loaded. The parties have on a friendly low-cost solution to work.
(2) was the display not timely reimbursed through the fault of the notifiable and the structure or operation of the plant damaged by the measures of the notifiable, so shall be liable to pay damages.
(3) the contaminated is also obliged to pay damages if he intentionally brought about the removal or installation of a plant by an incorrect indication or if the beneficiary within two weeks after receipt of the display is a other execution of the intended change of the system without compromising the desired purpose would have to remain unchanged, see offered to the acquisition of any additional costs would be incurred the loaded , has proposed and the loaded that is not received without a valid reason.
(4) an agreement for the termination or amendment of the law according to articles 5, 7 and 8 or the legal consequences involved within a period of four weeks from the receipt of the communication referred to in paragraph 1 is reached between the loaded and the legitimate, each of the parties can call to the regulatory authority for the decision.
Transfer of rights according to articles 5, 7 and 8
Rights (obligations of toleration) go over § 12 (1) the articles 5, 7 and 8 and the obligations associated with them by operation of law to the respective owners of the facilities constructed on their basis, lines or other facilities or communication lines and the respective owner or beneficial owner of the antenna carrier mast or the power line mast.
(2) they are effective against any owner of the land unused, building, building parts or buildings or the equipment utilized, lines or other facilities and/or communication lines.
(3) the management rights are not subject of wayleave registration, its exercise constitutes no give or statute of limitations title.
"(4) without prejudice to otherwise required authorizations and permits the provider of a public communications network shall be entitled him according to articles 5, 7 and 8 adult rights partially or third parties to establish conservation, operation, to expand and to renew this communication network to transfer."
22 according to § 12, 12a the following section and heading shall be inserted:
"Process for the granting of shared rights and rights of
section 12a. (1) is the regulatory authority called for the articles 6, 7, 9 or 11, it gives you the opportunity to set out his objections to the request within two weeks the respondent immediately in writing and has been proven. On reasoned request, the regulatory authority may, if necessary, extend this period. In its decision, the regulator has to take into account only timely objections. This legal consequence is to point out expressly in the invitation to comment.
(2) on application, the regulatory authority shall without delay to decide anyway, but within six weeks after receipt of the opinion of the defendant or the expiry of the period for comment, if necessary, also with intermediate. The arrangement replaces the agreement which not concluded.
(3) up to the legal force of its decision without prejudice to the construction of the proposed project must not be started by § 7 para 3.
(4) the cost of the fees to a non-official experts shall be borne by the person entitled. These costs can be divided into proportionate, if this is equitable."
23. in article 13, paragraph 5, the word "Telecommunications authority" is replaced by the word "Regulatory authority".
24. According to section 13, below § 13a together with heading shall be inserted:
§ 13a. (1) the regulatory authority has a detailed directory of the type, availability and geographical location of both the existing and the newly built usable for lines of communication systems, cables or other equipment such as building entrances, wiring in buildings, masts, antennas, towers and other supporting constructions, ducts, conduits, cable ducts, to construct manholes, and junction boxes and to lead. The directory is in the scope of paragraph 2 and 3.
(2) the data required for the construction and ongoing management of the infrastructure inventory has the regulatory authority to the extent of paragraph 5 in the way of official assistance (art. 22 B-VG) request.
(3) Furthermore, infrastructure in the sense is of. Para 1 as far as in the directory record, as they are subject to decisions 2 §§ 6, 7 and 9. To this extent, the inclusion of infrastructure in the directory by the party concerned is to tolerate.
(4) the infrastructure inventory data determined in accordance with paragraph 2 and 3 are to protect against unauthorised access to the respective State of the art.
(5) the regulatory authority shall request information from the infrastructure inventory providers of communications networks to submit, as the subject of the regulatory authority makes believable to need this information for a specific purpose. This also applies to those applicants who make the intended inclusion of such activity. The transmission of the information is limited which is necessary for the implementation of the facie concrete project to that extent. On the refusal of the delivery has the regulatory authority on application with notice to decide.
(6) providers of communication networks, information from the infrastructure inventory were issued through its network, are about the fact and the scope of the query within a reasonable period of time, but no later than within one month from the time of the request, to inform."
25. in article 15 the following paragraph 6 is added after paragraph 5:
"(6) to operators of communication services that offer the full range of communication services to end users in their business premises, the provisions are - unless these services not under § 26 para 2 - the §§ 17, 18, 19, 22, 23, 24, 24a, 25, 25a, 25, 25 c, 25 d, 70, 71 and 72 no application."
26. in article 15, paragraph 2, Z 1 the word "Operator" is replaced by the word "Deployer".
27 paragraph 3 and paragraph 5 accounts for § 16.
28. According to section 16 below section 16a and heading shall be inserted:
"Security and integrity
section 16a. (1) operators of public communications networks have to take appropriate measures to ensure of the integrity of their networks and to ensure the continuous availability of services provided over those networks.
(2) operators of public communications networks or services have, taking into account the State of the art by appropriate technical and organisational measures to ensure a level of security that is suitable for the control of the network security risks. The measures must be suitable to avoid impact of security incidents on users and interconnected networks or to keep them as low as possible.
(3) operators of public communications networks or services are required, the regulatory authority within the framework of its statutory tasks prompted the information required to assess the safety or integrity of their services and networks, including documents about their security measures, to submit.
(4) the regulatory authority can oblige operators of public communications networks and services in the framework of its statutory tasks if there is concrete evidence of a violation of this provision, to take on the costs of a security review by the regulatory authority, or by a qualified independent body commissioned.
(5) operators of public communications networks or services have to inform the regulatory authority of security breaches or loss of integrity in the form prescribed by the regulatory authority, if this occurred a considerable impact on the mains or service delivery.
(6) the regulatory authority can inform regulatory authorities of other Member States or the European Agency for network and information security (ENISA) made to a notification according to paragraph 5, insofar as this is necessary for the tasks assigned to them.
(7) the notification of the violation in the public interest, is the regulatory authority may inform the public itself in an appropriate manner about or urge the affected operators to provide information to the public.
(8) until 31 March of the following year shall submit a summary report on the notifications received under paragraph 5 and the measures the regulator, the European Commission and ENISA.
(9) the Federal Minister for transport, innovation and technology detailed rules for the implementation of the can after consultation with the regulatory authority in accordance with the relevant international regulations, on the type of network or service, on the technical possibilities, on the protection of personal data and on any other protection interests of users with regulation § 16 and 16a
1. the security of network operations, 2. the maintenance of network integrity, 3. security measures preventing the interoperability of services, 4., 5. the design of security policies, establishing the procedure for security violations by operators of public communications networks or services in particular identity, access and access management, and 6.
(10) a regulation referred to in paragraph 9 is to adopt in relation to broadcasting networks and the transmission of broadcast signals by KommAustria.
(11) the regulatory authority has in those cases in which also the responsibility of the data protection Commission is touched, agree with the data protection Commission and to exchange information.
(12) the provisions of § 95a and the data protection act, Federal Law Gazette I no. 165/1999, remain unaffected."
29 paragraph 17 together with the heading:
"Quality of service
Operators of public communications services have § 17 (1) measures taken to publish comparable, adequate and up-to-date information about the quality of their services as well as the granting of equality in access to publicly available telecommunications services for users with disabilities, and to announce the regulatory authorities on their request before publication.
(2) the Federal Minister for transport, innovation and technology can those mentioned regulation, taking into consideration international obligations, the State of the art, the economic conditions, the experience of the regulatory authority and that the information is comparable, to the extent appropriate and up-to-date and detailed provisions on form, scope, contents and parameters describing time frame of the publication, as well as the quality of service serve, the end user, but at least in article 27, paragraph 1 , set. This, in particular appropriate quality certification mechanisms may be prescribed. In this regulation, appropriate measures may be prescribed, which enable disabled user, taking into consideration the needs of disabled users and in accordance with the relevant legislation, to same extent as non-disabled users telecommunication services.
(3) the regulatory authority can regulation operators which provide public communications networks, minimum quality of service impose, in particular to a deterioration of services and a disability or to prevent slowing down the traffic in networks. This is in particular on the State of the art and the economics. A draft of this regulation is to provide together with the establishment of the European Commission and BEREC. In the event that the European Commission in a timely manner, gives an opinion, this is when adopting the regulation to take account as far as possible.
(4) that is regulatory authority entitled to perform independent reviews of performance characteristics, or to perform, check the correctness and comparability of the information provided to. The regulatory authority may publish the information provided, as well as the result of the checks the performance characteristics.
(5) the regulatory authority has the right offer instruments and control with which the participants is put into the situation, to verify the information in accordance with § 25 paragraph 4 Nos. 2, 3 and 4."
30. in article 18, paragraph 1, no. 4 the word "Providers" is replaced by the word "Operators".
31 § § 19 and 20 together with the headings are:
"Additional service features
§ 19 operator of a public telephone network or service have to provide, as far as this is technically feasible multi-frequency end-users as well as the display of the phone number.
Section 20 (1) a public telephone network operator or operators, that provide a communication service for making outgoing calls to numbers of the Austrian numbering plan, have the connection to all emergency numbers even for users with disabilities (§ 17 para 2) to ensure.
(2) operators referred to in paragraph 1 have to ensure the free access to all emergency numbers for end users.
(3) operators referred to in paragraph 1 have to make sure that the phone number of the calling line identification is available at the emergency vehicles.
(4) operators referred to in paragraph 1 have participants of any change of access to emergency services or the the caller location information for the service for which they are logged on to inform.
(5) operators of emergency services have users with disabilities in accordance with a regulation adopted pursuant to § 17 para 2. access to services, which is equivalent to the majority of other end users that to ensure"
32. § § 22-24 and headings are:
Section 22 (1) operators of public telephone networks or services have to establish interoperability between the participants of all public telephone networks or services.
(2) operators of public telephone networks or services have in the framework of the technical and economic feasibility of interoperability for
1. calls to all numbers of the EEA States and Switzerland, as well as 2 calls to the European telephony numbering space and universal international freephone numbers to make sure if the called party has restricted not calls from certain geographical areas for economic reasons.
(3) operators have agreeing appropriate fees on demand for production and ensure the interoperability if not an obligation pursuant to § 48 para 1 and 2.
Section 23 (1) operators of public telephone services have to ensure that the possibility of changing the telephone service provider while retaining the numbers without changing the specific to the concerned telephone number type of use and geographically-bound numbers its participants is given the ability of to change of the location within the geographic area defined for the number field.
(1a) ends the contract between participant and operator of growing up and does the participant not request for transmission of the phone number and there is no request for transmission of the telephone line to another participant, the receiving operator has the phone number within a month back to transfer. The return is transmitted to the operator, this number has been allocated originally, or the associated phone number block has been transferred in the meantime. Otherwise, the return journey to the regulatory authority takes place.
(2) operators have cost oriented to agree on the amount of compensation claims arising from occasion of a number portability. The porting participants no deterrent fee may be required for the transfer of the number.
(3) the regulatory authority shall lay down the detailed provisions regarding the transfer of numbers between cellular networks through regulation. Care should be take, that the functionality of ported numbers also with the loss of the network of concerned participants is ensured and the porting party numbers as quickly as possible, no later than is activated within one working day after the agreement on the port in the host's network in particular on international agreements, the technical possibilities, the investment required for this purpose as well as on.
(4) the transmission of the phone number of the participant is not allowed without his permission granted at least in electronic form.
(5) for the duration of a procedure according to § 68 para 2 No. 3 not shall be entitled on a port of number used by him the participants, as far as this number is subject to pending proceedings.
Section 24 (1) the regulatory authority shall lay down detailed rules with regulation of
1. fees that may be charged, there is 2 numbers, for which event pricing is, 3. the modalities of the notification of the amount of the fees that will be charged for the provision of services applies as far as this is a special pricing or a particular need of users for increased transparency of tariff for the provision of telecommunications services in phone number fields with regulated tariff ceilings, 4. the type of calculation of charges.
It is on the legitimate interests of end-users, transparency of fees for the participants to take easy discoverability of charges based on the used phone number phone number addressed services, on the technical possibilities and carefully that end users can control their spending.
(2) the regulatory authority has detailed provisions on a provision of time-based and event-based value-added services set to be transparent and the necessary protection of users with regulation. For this purpose, in particular, access controls with regard to certain categories of users, the provisions relating to the application, can time restrictions for connections to value-added services, regulations about dialers as well as payment information, price caps and type of calculation of the fees if they go beyond the content in a regulation pursuant to paragraph 1, be fixed. It is in the legitimate interests of end-users, to be taken into account, on the technical possibilities and that end users can control their spending. The regulatory authority has to inform annually within the framework of the report referred to in § 34 paragraph 2 through unfair practices and the measures.
(3) the regulatory authority shall maintain a directory of phone numbers for value-added services emerge from which also the name and address of the provider of the value-added service. The regulatory authority shall publish this directory, as well as to provide information about its contents on request."
33. under section 24 the following § 24a and heading shall be inserted:
"Measures against the abuse of value-added services
§ 24a. (1) the regulatory authority may order provisionally AVG at reasonable suspicion of a violation of any provision of the regulation according to article 24, paragraph 1 or 2, and risk in default without prior investigation by notification pursuant to § 57 of operators, in their communications networks, the phone number is routed, to make no payment to the user of the phone number or upstream cooperation switching partners for this phone number. The prohibition of the payment is limited to no more than three months. At the same time, the regulatory authority in accordance with § 91a shall proceed. A civil procedure is not yet completed, the period may be extended for a further three months.
(2) the regulatory authority decision determines a violation of the regulation rule pursuant to article 24, paragraph 1 or 2, the participants to the payment of a fee for the provision of a value added service is not required. The operator in its communications network, the phone number is operated, is not obliged in this case to pay the charge on the value-added service providers or upstream cooperation switching partners. Charges already paid after issuing a notice referred to in paragraph 1 are, if not a refund is required, as to account for credit in the framework of the next following accounting by the operators of the participant."
34. paragraph 25 together with the heading:
"Business conditions and fees
Section 25 (1) operators of communications networks or services have to adopt, which describes also the services terms and conditions, as well as to set the tariff conditions provided for this purpose. General conditions and tariff conditions are to indicate the regulatory authority prior to the service and published in an appropriate form.
(2) changes in general conditions and tariff conditions are to display before their effectiveness the regulatory authority and published in an appropriate form. A Kundmachungs - and display within two months applies to changes not only favourable to the participants. The rest remain the provisions of the Consumer Protection Act, Federal Law Gazette No. 140/1979, (Consumer Protection Act), as well as of the General Civil Code untouched.
(3) the essence of not only beneficial changes is at least a month before in force the change in writing about by printing an invoice periodically created, communicated to the participants. The participants to refer to the date of entry of into force of the changes and that he is entitled, until that time free to terminate the contract is at the same time. The full text of the amendments is send the participants at their request. The regulatory authority may lay down with regulation level of detail, content and form of notice to the participants, this caution is to accept that the release for the participants is carried out transparently. Changes in the General conditions and tariff conditions by operators of communications networks or services, which are required solely as a result of an Ordinance issued by the regulatory authority on the basis of that provision and not only benefit the users, shall entitle the participants not to free termination of the contract.
(4) general terms and conditions between operators of communications services and end users have, as far as this is possible according to the type of service, to include at least:
1. name and address of the operator;
2. the services offered; in particular: a) information on access to emergency services after article 20, b) information about limitations with regard to the access to or the use of services, c)
contractually guaranteed quality of service, as well as, where appropriate, others by the regulatory authority pursuant to section 17 of the parameters specified for the quality of service;
(d) time limit up to the initial connection, e) General information on procedures established by the company for the measurement and control of traffic to avoid a capacity load or overloading a network connection, including information about the possible effects of these techniques on the quality of the service, as well as information, where detail information for the participants are easily accessible, f) the types of maintenance service offered, and the customer services available, as well as the means to contact with these services;
(g) all of the restrictions imposed on the operator for the use of terminal equipment provided by him;
2A. where an obligation exists under section 69, paragraph 2, the ability of the participant to decide whether his personal data should be included in a list of participants and, where appropriate, the relevant data;
2B. the offered payment methods and by the payment conditional cost differences;
3. the term of the contract and the conditions for renewal and termination of services and of the contract including a) the minimum use or minimum service life, which is may be required, to benefit from advertising to reach;
b) due at termination charges including a recovery of costs for terminal equipment;
4. compensation and reimbursement arrangements for non-compliance with the contractually agreed quality of service;
5. Note on the possibility of launching a dispute settlement procedure according to article 122, as well as a brief description of thereof;
6. provisions of the intervals of periodic accounting that may not exceed three months;
7. information on the existence of the single European emergency number 112;
8. General information about the types of measures that the company can respond to security or integrity incidents or threats and vulnerabilities, as well as information, where detail information for the participants can be easily accessible;
9 information on the possibilities of caller ID and suppression in public telephone services pursuant to § 104.
(5) tariff conditions shall at least contain:
1. details on one-time, recurring and variable fees, including the start and end time of the tariff classification of compounds and as well as the way of the tariff classification, 2. providing, with which means up-to-date information on all applicable tariffs and maintenance charges may be obtained, 3. any discounts, 4. the fees for the portability of numbers and other identifiers of participants.
(6) the regulatory authority may in accordance with par. 1 and 2 displayed general terms and conditions and tariff conditions, latter but not in terms of the amount of the nominal fees, eight weeks for non-compliance with this federal law or the regulations under this Act or §§ 879 and 864a ABGB or sections 6 and 9 oppose consumer protection act. The contradiction causes anyway, the prohibition of further use of the general terms and conditions or the tariff conditions. Without prejudice to the responsibility to check the terms and conditions and fee provisions under other legislation.
(7) operators of communications networks or services shall transmit the general terms and conditions and the tariff conditions and any changes thereof in an electronic form specified by the regulatory authority of the regulator. The regulatory authority publishes this information as well as details of the universal service, in particular about the facilities specified in § 29 par. 2 and services.
(8) section 6 is not for operators of broadcasting networks and for operators, as far as they get the transmission of broadcasting signals, to apply. Par. 4 Z 7 only applies to operators of public telephone services."
35. According to § 25, following articles 25a are inserted until 25 d including headings:
Section 25a. (1) the regulatory authority can impose the obligation operators with regulation, to provide facilities for their participants, to control costs, insofar as such facilities not in sufficient quantities on the market are offered and a need of the participants can be identified for increased cost transparency.
(2) the regulatory authority can set the level of detail and the shape of the bodies referred to in paragraph 1, as well as the cost limit thresholds in this regulation, which measures are. It may order that the user can take specific facilities to control costs, like unpaid warnings, or setting up service free, locking in case of an unusual or excessive consumer behaviour in claim. She brought on the kind of Subscriber relationship and of the service, the technical possibilities, to be taken into account, on the protection of personal data as well as on participants to control their spending and can be reliably protected against excessive charge attack.
Special information requirements
section 25 b. (1) operators of public communications services have to provide information about the essential features referred to in § 25 para 4 and 5 in clear form easily accessible before conclusion of the contract.
(2) the regulatory authority can use regulation to set individual content, the level of detail and the form of the information referred to in paragraph 1. It has in particular to the type of participant relationship and of the service, the comparability of the services, to turn off the light intelligibility, clarity, and the importance of the information for the usability of the service.
section 25c. (1) the regulatory authority can offer an electronic interactive tariff comparison, end-users puts in the position to make an assessment of alternative services, if such a market does not free or at a reasonable price is offered. The comparison may include significant clauses of the various offers.
(2) any third party is granted the right free to use the information published by operators for the purpose of selling or providing interactive guides or similar techniques.
Minimum contract period
§ 25 d. (1) contracts for communications services between operators and consumers within the meaning of the KSchG shall not exceed an initial minimum contract period of 24 months. Each participant is to give the opportunity to conclude a contract with a minimum contract period of 12 months per communication service.
(2) without prejudice to any minimum contractual period contracts from companies that may provide the communication services, stipulate no conditions and procedures for termination of the contract which act as a disincentive for a change of management for participants."
36. § § 26 to 30 and headings are:
"Concept and scope
Section 26 (1) is universal service a minimum range of public services, to which all end-users must have access regardless of their residence or business place at an affordable price.
(2) the universal service includes at least the following services:
1. the access to a public communications network and the public telephone service allowing also a fax can be operated, including the transmission of data with data rates that are sufficient for a functional Internet access, 2. the provision of a cross-operator information service according to the criteria of section 28 paragraph 2, 3. the inter-operator participants listing of operators of public telephone services as well as access to this directory , according to the criteria of section 28 para 1, 4 the coverage with public stations in General and at any time-to-reach locations.
(3) terms and conditions for services provided by an undertaking in the framework of the universal service are to indicate the regulatory authority. Fees and changes of charges for services provided by an undertaking in the framework of the universal service can be verified by the regulatory authority, where reasonable suspicion exists that the charges correspond to the principle of affordability or other provisions of this Federal Act are violated. section 25 shall remain unaffected.
(4) the terms and conditions of the provision of universal service within the meaning of paragraph 2 Z 1 debtor company have to contain also information about facilities and services (§ 29 par. 2) output control as well as additional facilities (§ 19) except for the information referred to in article 25.
Section 27 (1) which have universal service be nationwide coverage, available at an affordable price in a certain quality. The Federal Minister of transport has the quality criteria and target values, in accordance with the relevant international obligations, as well as taking on the State of the art and taking into account the economic circumstances regulation to set by innovation and technology. In doing so can
1. the period for the initial deployment of a port, 2. disturbance frequency, 3. the implementation period of the rectification of the fault, 4. the proportion of successful connection structures on all connections, 5. connection setup time, 6 the response times for the service to 8 the proportion of operational public stations and the facilities public stations and 9 the proportion of rejected invoices are based.
(2) in a regulation pursuant to paragraph 1, the proportion of operational public stations is also to vote on the needs of end users, including disabled users, as regards the geographical supply and the use of mobile telephone services.
(3) the regulatory authority determines that the services of the universal service sustained entirely or in part from the competition are provided, it has the Federal Minister of transport, immediately notify of innovation and technology.
Operator cross-list of participants
Section 28 (1) in providing an operator cross-list of participants is to ensure that a single total list of all participants in accordance with § 69 anyway, in printed form is available and is updated regularly, at least once a year. This also applies to a directory of participants, ordered according to the available data by industry (occupational groups). In addition, a list of participants in electronically readable form can be offered. The participants requires permanently or only once no delivery of the list of participants, no fee shall be required for this.
(2) in the case of offering an inter-operator service is to ensure that a generally accessible service available is granted to data contained in the information about that in the list of the participants referred to in paragraph 1.
(3) the data for the index and the information service provided are to process the principle of non-discrimination and to present.
Section 29 (1) for the provision of the universal service committed companies have their remuneration and terms and conditions to set, that in the provision of facilities or services that go beyond the provision of a universal service, participants for facilities or services have to pay, that are not necessary or not required for the service in question.
(2) operators of public communications services have, without prejudice to the right to install safety locks, once a year to provide their subscribers on request lock the free of charge of links to free predictable services or data services, insofar as they depend on consumption will be charged. It is in the legitimate interests of end-users, to be taken into account, on the technical possibilities and that end users can control their spending.
(3) the universal service provider have to provide also the following facilities and services to its members:
1. possibilities to pay for access to the public telephone network and use of public telephone services in advance, 2 ways to pay for the manufacture of access to the public telephone network in installments.
(4) the Federal Minister for transport, innovation and technology may suspend regulation these obligations in full or in part. This caution is to take, whether these facilities are already widely available, and that participants can monitor their spending and control.
Section 30 (1) the Federal Minister for transport, innovation and technology has to check whether the universal service be provided by the market in competition with the support of regulatory authority at least every five years. This is the case, debtor with notice of this obligation to release are possible so far to the provision of the universal service. As far as this is not the case, is publicly ascribed the universal service concerned and awarded according to the procedures relating to the procurement of services. He can use the regulatory authority here. The tender can be separately according to functional or regional aspects. The tender can be omitted however, if only a company meets the operational requirements for the provision of the universal service and expected to ensure the provision of universal services by this company until the next tender. In the allocation is mainly to take into account who will need the least contribution to the cost of performance. Several operators objectively or regionally differentiated perform services of the universal service provision, caution is to take that total a minimum amount of payments pursuant to § 31 to pay will be. A company team by tender is subject to this obligation as long until the provision of the universal service obligation is imposed on another, or a decision-based childbirth takes place.
(2) the tender is at least in the "Amtsblatt zur Wiener Zeitung" under setting a reasonable deadline and specification of the area to be supplied, as well as the type of service to be provided to publish.
(3) has been put within the deadline no offer to provide the advertised performance, the Federal Minister for transport, innovation and technology can commit the most suitable provider to provide these services in accordance with the regulations adopted on the basis of this Federal Act this federal law, as well as in the and conditions specified in the tender conditions.
(4) If despite existence of competition within the meaning of paragraph 1, no operator at the request of a specific potential participant provides services within the meaning of § 26 para 2 subpara 1, the Federal Minister of transport has supplying this participant by administrative decision to commit to those operators innovation and technology, which most recently this performance at this place was relieved pursuant to par. 1 of the obligation to provide."
37. in article 31, paragraph 4, the word "Party" is replaced by the word "Operators".
38. in article 34, paragraph 1 and 2 the expression "and 2a" is added after the expression "section 1 para 2" each.
39. § 34 is attached the following paragraph 4 after paragraph 3:
"(4) in the case of investment in new and enhanced infrastructures associated with the respective investments, specific risk and the distribution of risk are in determining the reasonable rate of return into account."
40. in article 35, paragraph 4, the point is replaced after Z 13 by a comma and following Z 14 added:
"14 vertical integration with collective refusal to supply."
41. § § 36 and 37 together with headings are:
"Process for market definition and market analysis
36. (1) this procedure is the determination of relevant markets susceptible to sector-specific regulation as well as the finding and, where appropriate, the suspension, retention, modification or imposition of specific obligations on these each one or several undertakings have significant market power or but more effective competition exists.
(2) the regulatory authority has officio decision markets relevant to the subject according to national circumstances, and in accordance with the principles of general competition law, taking into account any geographic features on the competition situation as well as the sector-specific regulatory requirements to determine which sector-specific regulation in the proceedings referred to in paragraph 1.
(3) the determination of the relevant markets by the regulatory authority has to be in accordance with the provisions of the European Union. This are only markets into consideration, which are marked by significant and sustained structural or legal-related barriers, longer term do not tend to effective competition and where the application of general competition law alone not sufficient to counteract the relevant market failure.
(4) the regulator, intends to determine factual or spatial markets that differ from those in the European Commission recommendation on relevant product and service markets within the electronic communications sector in the currently valid version, she has the procedure provided for in the sections 128 and 129 to apply.
(5) the regulatory authority performs an analysis of the markets in the proceedings referred to in paragraph 1, taking into account the provisions of the European Union also referred to in paragraph 2.
(6) the procedure referred to in paragraph 1 is to initiate within three years after the adoption of a previous measure relating to that market. This period may be extended for up to another three years if the regulatory authority has reported a reasoned proposal for the extension of the European Commission and the European Commission has raised no objections within one month of the notification of the extension.
(7) a procedure is to initiate within two years after the adoption of a change in the European Commission recommendation on relevant product and service markets within the electronic communications sector with regard to those markets, including the European Commission in 2003 has received no prior notification TKG after § 129.
(8) upon expiry of the periods referred to in paragraph 6 and 7 may request the regulator BEREC to support for the analysis and the specific obligations to be imposed. In this case, the draft measure within six months in accordance with article 129 is to coordinate.
Imposition of specific obligations
37. (1) the regulatory authority in the proceedings in accordance with article 36, paragraph 1 finds that on the relevant market have one or several undertakings have significant market power and thus no effective competition exists, it has to impose appropriate specific obligations under sections 38 to 47a para 1 to this or these companies, where the possible competition between the different markets and any geographical features on the competitive situation in the sense of proportionality commandment in the choice and design of the obligations adequately account to wear is. Existing specific obligations for companies, provided that they relate to the relevant market or particular geographical areas, by the regulatory authority in accordance with the results of the process, taking into account the regulatory objectives lifted, retained, modified or newly imposed.
(2) the regulatory authority on the basis of the procedure laid down in article 36, paragraph 1 determines that a market has been defined for the sector-specific regulation is not relevant anymore, or is more effective in a relevant market competition and thus no company has considerable market, she - may impose obligations on referred to in paragraph 1 with the exception of section 47 subsection 2; in this case, the regulatory authority determines by ruling that there is effective competition in the relevant market. As far as specific commitments with regard to this market exist for companies, these shall be repealed with decision. In this decision, a reasonable is to set period not exceeding six months, that determines the effective start of repealing.
(3) in the case of transnational markets which were set by a decision of the European Commission, the national regulatory authorities concerned carry out the market analysis in close consultation and taking into account the guidelines for market analysis and the assessment of significant market power and by mutual agreement determine whether one or several undertakings have significant market power or but more effective competition exists. Article 36, paragraph 5, and article 37, paragraph 1 and 2 are to apply by analogy."
42. According to section 37, the following article 37a and heading shall be inserted:
§ 37a. (1) the cartel, the cartel Court the Federal Cartel Prosecutor and the Federal competition authority is to give an opportunity in the context of the procedure laid down in article 36 and 37 to the design of a measure (section 128), to give an opinion within four weeks.
(2) a party to proceedings pursuant to articles 36 and 37 is the company which specific obligations are maintained, imposed, amended, or repealed.
(3) parties in procedures referred to in articles 36 and 37sind in addition, that their concern made credible KOG pursuant to article 40, paragraph 2.
(4) has the regulatory authority scheduled a hearing with edict, has the edict in addition to the content referred to in § 44 par. 2 AVG also pointing out the legal consequences according to § 42 para 1 AVG to contain.
(5) the regulatory authority shall publish 37 para 1 and 2 adopted decisions according to § 36 para 2 and 5 and § and shall send a copy to the European Commission."
43. paragraph 38 together with the heading:
"The obligation of equal treatment
38. (1) may impose on the regulator company with significant market power obligations of equal treatment with regard to access.
(2) the equal treatment obligations have to ensure in particular that a company with significant market power under the same circumstances offers equivalent conditions to other companies providing similar services, and provides services and information for third parties under the same conditions and with the same quality as for its own services, services of affiliated or third company, where the degree of risk participation agreements as well as agreements to share the risk of investment for new and improved infrastructure remains unaffected thereby , unless as a result of the competition is not affected.
(3) the regulatory authority may require the publication of a reference offer by an undertaking with significant market power. The company has to provide sufficiently detailed deliverables in the standard offer, based on the market needs in individual components to break down the relevant offerings and to specify the appropriate conditions including prices.
(3a) imposed an obligation in accordance with section 41 regarding physical access to network infrastructure at the wholesale level for a company with significant market power, has the regulatory authority to impose a commitment in accordance with paragraph 3, specifying the minimum content.
(4) the regulator may order changes of the standard offer to ensure the specific obligations imposed in accordance with article 37, paragraph 1."
44. paragraph 39 para 2 and 3:
"(2) for this purpose, the regulatory authority - without prejudice to the provisions of § 90 - may impose in addition the following information obligations on companies with significant market power:"
1 information about the accounting and cost accounting, 2. technical specifications, 3. network characteristics, 4. deployment and terms, 5 charges including discounts and 6 any conditions limiting access to services and applications, or use.
(3) the regulatory authority can thereby determine what specific information the company with significant market power to publish are. This includes also the specific target group, the level of detail and the form in which the publications are."
45. in article 40, paragraph 3, the quote "section 38 or 39" by the quote "section 38, 39 or 40 para 1 and 2" will be replaced.
46. § 40 is attached the following paragraph 4 after paragraph 3:
"(4) the separate breakdown of the costs is to check every year by the regulatory authority. The test result shall be published by the regulatory authority."
47. paragraph 41 together with the heading:
"Access to network facilities and functions
41. (1) the regulatory authority can oblige companies with significant market power to grant access to specific network elements and associated facilities and their use.
(2) the obligation may include in particular the following obligations referred to in paragraph 1:
1. grant of access to the network, to certain network components or network facilities, including access to non-active network components, and unbundled access to the local loop, including operator selection, to allow carrier pre-selection or resale offers for subscriber lines;
2. offer of certain services on a wholesale basis for the purpose of distribution by third parties;
3. already granted access to facilities not to withdraw;
4. conduct negotiations in good faith with companies that make a request for access;
5. grant open access to technical interfaces, protocols or other key technologies that are required for the interoperability of services or virtual network services;
6 providing co-location or other forms of joint accommodation or use of its facilities;
7. to create of the conditions that are necessary for the interoperability of end to end services, including facilities for intelligent network services or roaming on mobile networks;
8. guarantee of access to operational support systems or similar software systems that are necessary to ensure of fair competition in the provision of services, 9 Interconnect networks or network facilities, as well as 10 access to associated services such as an identity, location, and availability service.
(3) in the case of imposition of the obligations referred to in paragraph 2, the regulator has to take into account in particular:
technical and economic viability of using or installing competing facilities in terms of the rate of market development, considering the nature and type of interconnection and access, including the viability of other upstream access products, such as access to ducts;
2. the feasibility of providing access in terms of the available capacity;
3. investments in new and enhanced infrastructures, taking into account any of public investment and the investment risks;
4. the need to ensure long-term competition in particular economically effective competition in the field of infrastructure;
5. intellectual property rights or intellectual property rights;
6 provision of pan-European services.
(4) if the obligation imposed on an operator, to provide access in accordance with paragraph 1, technical or operational conditions can be set, that must be met by the operator or by the users of this access, as far as this is necessary to ensure the normal operation of the network."
48. paragraph 42 paragraph 1:
'(1) the regulatory authority notes in the procedure referred to in article 36, that an entrepreneur with significant market power could keep its prices to the detriment of the end users at an excessively high level or practicing price discrepancies can the regulatory authority with regard to fair fixed types of access impose obligations relating to cost recovery and price control including cost-oriented charges. Where the regulatory authority has to take into account the investments of the operator and to allow him to generate a reasonable return on the capital employed, taking into account the risks involved and the future development of the market, to complete risk participation agreements as well as agreements. In addition are particularly to take into account the costs and risks of investments for new and improved infrastructure and companies with significant market power can be granted conditions on cost accounting methods. “
49. paragraph 43 paragraph 1:
"(1) unless in a market analysis procedure, the regulatory authority has found that"
1 on the relevant end user market no competition rules and specific obligations under sections 38 to 42 not to achieve the objectives specified in article 1, paragraph 2 and paragraph 2a would result in 2, it has to impose specific obligations under paragraph 2 or 3 companies with significant market power on an end user market."
50 § 44 is omitted.
51. paragraph 45 and heading:
"Obligations for companies with significant market power with respect to retail charges
Is an operator of communications services or networks, in accordance with article 43, the obligation was imposed on the 45th (1), its fees and terms and conditions approve to let an application for approval of fees or the regulatory authority over this request within eight weeks has terms and conditions, to decide. The applicant only has party position.
(2) no decision of the regulatory authority, within this period so the requested fees or terms and conditions shall be considered as approved. The period of allowable time is inhibited, so long that not are taught necessary documentation and evidence of the applicant for the approval. The regulatory authority has the applicant within three weeks after his application to inform whether and, where appropriate, to submit what documents required for assessing the cost-orientation.
(3) the decision on charges requested for approval has under consideration on the measures to be imposed according to § 43 para. 2 and 3.
(4) the regulatory authority can approve the fees in the form of establishing tariff developments (price-cap procedure); She can be also special rates.
(5) as far as this requires the achievement of effective competition, the approval of charges can contain in particular the following incidental provisions:
1. a reasonable time limit, 2. the obligation, certain to data in accordance with article 90, 3. requirements concerning the time of the introduction of approved tariffs, 4. a condition subsequent case, that is a different tariff introduced after the approval or modified, 5. requirements for the adjustment approved charges in case of modified wholesale prices.
(6) the approval of terms and conditions shall be refused if they provisions of this Federal Act or the regulations under this Act or §§ 879 and 864a ABGB the § § 6 and 9 Consumer Protection Act do not meet. The responsibility to check the terms and conditions under other legislation remain unaffected."
52. section 46 is eliminated.
53. According to article 47, following sections 47a and 47B including headings shall be inserted:
Section 47a. (1) enters the regulatory authority in proceedings pursuant to §§ 36-37a to noting that according to the sections 38 to 42 or article 47, paragraph 1 did not complete imposed regulatory obligations to effective competition and in these markets are important and persistent competition problems or market failures, she can impose the obligation on vertically integrated undertakings with significant market power on those markets as an extraordinary measure , to accommodate their activities in connection with providing the relevant wholesale access products in an independently operating business unit, the purpose of which is to all undertakings, including other business units within the own parent company, all access products and services with the same terms and under the same conditions, in particular with regard to price and service levels, as well as to provide by means of the same systems and processes. The further establishment of nature and extent of the obligation has under strict observance of the principle of proportionality to be carried out.
(2) the regulatory authority intends to impose an obligation a company referred to in paragraph 1, it shall at the European Commission to submit an application which includes the following content:
1. the proof that the conclusion of the regulatory authority referred to in paragraph 1 is justified;
2. a reasoned assessment, that no or only little prospects there are, that there is effective and sustainable competition on the relevant market for wholesale access products within a reasonable time frame
3. an analysis of the expected impact on the regulatory authority, on the undertaking, in particular on its staff and in the sector of electronic communications as a whole, and on the incentives to invest, in particular with regard to the need, in a sector as a whole to preserve the social and territorial cohesion, as well as other stakeholders, in particular including an analysis of the expected impact on competition and potential consequences for consumers.
4. an analysis of the reasons that speak for it, that this obligation would be the most efficient means to enforce remedies, in response to the identified competition problems or market failures.
(3) together with the application form referred to in paragraph 2, the regulator, the European Commission has to submit a draft measure that includes the following content:
1. the precise nature and level of separation, specifying in particular the legal status of the separate business entity;
2. the indication of the assets of the separate business entity, and by this to deploy products or services;
3. the governance arrangements to ensure of the independence of the staff of the separate business entity, and the corresponding incentive structure;
4. rules to ensure of compliance with the regulatory obligations;
5. rules for ensuring transparency of operational procedures, in particular towards other stakeholders;
6. a monitoring programme to ensure compliance with the obligations, including the publication of an annual report.
(4) the decision of the Commission is to put the decision of the regulatory authority about the draft measure accessible to reason. The Commission approves the application, the regulatory authority in the port in accordance with §§ 36-37a has making a co-ordinated analysis of the relevant markets involved, in which the existing regulatory obligations in accordance with sections 38 to 42 and § 47 para 1 depending on the result be newly imposed, amended or repealed.
Voluntary functional separation
§ 47 b. (1) companies that have been detected on a relevant market or several relevant markets for access products at the wholesale level as companies with significant market power have in advance to notify the regulatory authority if they intend wholly or to a considerable extent on an own legal entity with a different owner to transfer their local access network assets or to establish a separate division to all consumers, including of their own in the end customer segment divisions make , to offer fully equivalent access products. The regulatory authority is to inform all changes of this intent as well as the end result of the separation process in advance. The understandings must be done that the regulatory authority can assess the effect of the proposed transaction referred to in paragraph 2 in so timely and so extensively.
(2) the regulatory authority shall conduct a coordinated analysis of the relevant markets concerned pursuant to §§ 36-37a in which existing regulatory obligations in accordance with sections 38 to 42 and § 47 para 1 depending on the result be newly imposed, amended or repealed."
54. paragraph 48 para 2 and 3:
"(2) information given to operators in the course of negotiations for access by other operators, may use them only for the purpose, for which they have received the data. The operators have always to respect the confidentiality of the transmitted information, and may not be these to third parties, in particular other departments, subsidiaries or business partners represent a competitive advantage for which this information could pass; unless there is a contrary agreement between the operators.
(3) standard offers pursuant to article 38, paragraph 3 shall be provided of the regulatory authority. Network access agreements are to present the regulator on their reasoned request."
55. paragraph 2 eliminates § 49.
56. paragraph 50 para 1:
"(1) comes between a provider of a public communications network or service, the specific obligations are imposed by the regulatory authority according to sections 38, 41, 42 or 47 or which is required according to § 22 para 3, § 23 para 2, § 48, or § 49 para 3, and another operator of a public communications network or service, or a company, the access obligations under this law benefit, an agreement which pursuant to §§ 22 para 3 ", 23 para 2, 38, 41, 42, 47, 47a, 48, or § 49 para 3 existing obligations despite negotiations within a period of six weeks from the receipt of the demand didn't materialize, can either party involved the regulatory authority to call."
57. paragraph 51 paragraph 1:
"(1) the Federal Minister for transport, innovation and technology manages the frequency spectrum as well as the Austrian usage rights at orbital positions of satellites in accordance with the international agreements, as well as taking into account the high social, cultural and economic value of frequencies. He has appropriate measures to ensure an efficient and trouble-free use."
58. paragraph 2 deleted § 51.
59. paragraph 52 together with the heading:
"Frequency usage plan
Section 52 (1) of the Federal Ministry of transport, innovation and technology has a frequency usage plan to create in which the frequencies are assigned to the individual radio services and other applications of electromagnetic waves. While he has to take caution in particular on international harmonisation, technical development, and on the compatibility of frequency usage in the media.
(2) the frequency utilisation plan has to include the distribution of frequencies on frequency usage and specification for this frequency usage. In particular, also maximum field strength allowed for frequency usage can be set as far as this is necessary for the minimisation of errors other radio equipment. The frequency utilisation plan can consist of subplans.
(3) can also be set in the frequency utilisation plan, that the allocation is numerically limited of frequencies in individual frequency ranges. It is aligned on the duration of the assignment of frequencies to be expected, and it carefully to take that the efficient use of the spectrum is guaranteed on all current and foreseeable future uses in particular taking into account frequency planning taking place at international and European level and the foreseeable technical development taking into account the in international organizations and the European Union work to developing technology. This definition is justified, the justification is to publish.
(4) the regulatory authority determines that the conditions of paragraph 3 no longer exist, it shall the Federal Minister of transport, innovation and technology inform. The determination referred to in paragraph 3 is checked at appropriate intervals."
60. the present section 53 is paragraph labeled (1), the following paragraph 2 is added:
"(2) the definition of individual rights of use for frequencies (frequency distribution) is permitted only in the following cases:"
1. to avoid interference, 2. to ensure of the technical quality of service, 3. to ensure the efficient use of radio frequencies or 4 objectives to achieve in accordance with Union law of general interest."
61. § 54 para 1 and 2 will be by following paragraph 1, 1a, 1B, 1c, 1 d and 2 replaced:
"(1) the spectrum allocation has according to the frequency usage plan and of the frequency allocation plan based on objective, transparent, non-discriminatory and proportionate criteria on the basis of transparent and objective procedures, as well as to be technology - and service-neutral."
(1a) Notwithstanding paragraph 1 can however be has following conditions proportionate and non-discriminatory restrictions with regard to the technological neutrality:
1. to avoid interference, 2. to protect of the population against health damage caused by electromagnetic fields, 3. to ensure of technical quality of service, 4. to ensure of the widest possible sharing of radio frequencies, 5. to ensure the efficient use of radio frequencies or 6 to guarantee of an objective referred to in paragraph 1 b.
(1B) a limitation of service neutrality is - also among other things allowed under the condition of proportionality and non-discrimination -
1. for the protection of human life, 2. the avoidance of inefficient use of radio frequencies, 3. the strengthening of social, regional or territorial cohesion, or 4 with regard to frequencies that are foreseen in the frequency utilisation plan (§ 52 para 2) for broadcasting within the meaning of the BVG-Rundfunk, for the promotion of cultural and linguistic diversity and media pluralism, in particular through the provision of radio and television services.
(1c) restrictions be has according to par. 1a and 1B, is to verify to what extent the requirement still exist by the competent authority (paragraph 3) at regular intervals. The results of the review are to publish.
(1 d) in the assessment of the protection of life and health of people, the level of science, to observe the international laws as well as laws and regulations for general protection from electromagnetic fields are.
(2) frequencies are to allocate to use, if they
assigned 1 for intended use in the frequency utilisation plan and cannot be used on the basis of a regulation in accordance with article 74, paragraph 3, 2nd in the intended area of use available are, 3. compatibility with other frequency usage is given."
62. paragraph 54 paragraph 6:
(6) that are 2 mentioned frequencies Z in para 3 to allocate in a procedure pursuant to article 55.
63. paragraph 12 and 13 are eliminated § 54.
64. paragraph 54 paragraph 14:
"(14) the decision on the allocation of frequencies by the Federal Communications Commission in accordance with paragraph 3 Z 3 is in accordance with the frequency usage plan within the framework of granting pursuant to § 81 within six weeks of receipt of the complete application to meet, unless, of course, that the conclusion of a frequency coordination to wait is under international agreements."
65. section 15 eliminates § 54.
66. in article 55, paragraph 4, the following sentence is inserted before the last sentence:
"In duly justified cases cannot be derogated from in the determination of the minimum of the orientation of the frequency allocation fees, if this is justified on the basis of the actual market value of the spectrum."
67. § 55 para 10 Nos. 2 and 3 is:
"2. incidental provisions, which are required to ensure the effective and efficient use of spectrum, where appropriate, including requirements in the range, as well as provisions regarding the timing of the start of operations and of care, as well as for the case of non-compliance with imposed obligations of the imposition of penalties;
"technical and operational conditions necessary for the avoidance of harmful interference and special conditions for the limitation of exposure of the population to electromagnetic fields according to the criteria of article 54 paragraph 1 d, if these conditions differ from the general authorisation;"
68. paragraph 55 paragraph 11:
"(11) the regulatory authority can experts at every stage of the procedure and consult advisors, whose costs, as well as other cash expenses, by the applicant, the frequencies are allocated, are to carry. Several applicants the costs are aliquot to split."
69. in article 56, paragraph 1, the last sentence is omitted.
70. According to article 56, paragraph 1, the following paragraph 1a is inserted:
"(1a) a change of the nature and extent of the use of the spectrum proves to be in the context of the granting of rights of use for spectrum as required, to avoid adverse technical effect or an adverse effect on competition, this change has to be made in accordance with the provisions of § 57."
71. According to article 56, paragraph 3, the following paragraph 4 is added to:
"(4) the granting of rights of use for frequencies that have been allocated by the telecommunications offices, requires the previous display in the Telecommunications Office. The display is connected:
1 the exact name of that decision, with the rights of use for frequencies were allocated, granted approval for the operation (section 83) and prescribed fees pursuant to § 82, 2. the Treaty, with which the rights transmitted, 3. information about the identity of the successor in title, 4. information on the billing address of the successor in title.
The decision (No. 1) is receipt of the notification at the Telecommunications Office to the same extent on the legal successor."
72. paragraph 57 together with the heading:
"Change the frequency allocation
57. (1) the type and extent of the frequency allocation can be changed by the competent authority, when
1 due to the advancement of technology, significant efficiency gains are possible or 2 this this is required from international requirements, in particular from the development of international telecommunications law or 3. adjustment due to international circumstances of changed frequency usage or 4 frequency usage rights that existed before May 26, 2011, para 1a do not meet requirements of § 54 at the end of the 25 may 2016 to 1B.
When making such changes, the proportionality of the measure and the economic implications for the parties concerned are taken into account. Amendments may not go beyond the provisions of this section.
(2) in proceedings according to para 1 AVG is the licence holder notify the intended change in the allocation and him a period of at least four weeks to comment pursuant to § 45 para 3 to concede.
(3) the licence holder has to meet 1 or 2 ordered changes within reasonable period of time at his own expense in accordance with para. This does not entitle to compensation. Claims under the official liability Act remain unaffected.
(4) at the request of the licence holder, the competent authority (§ 54 para 3) can change the prescribed use of the spectrum in particular with regard to the requirement of technology and service neutrality as permitted on the basis of the use envisaged in the frequency utilisation plan. It has in particular the technical development and the impact on competition into account. Incidental provisions can be included in the authorisation, insofar as this is necessary to avoid adverse effects on competition or the technically efficient use of spectrum.
(5) if the amended technical conditions of use of radio frequencies differ from the conditions of tender (article 55), the Federal Minister of transport is to listen to innovation and technology.
(6) changes of frequency usage rights by the regulatory authority are to show the competent telecommunications authority."
73. paragraph 60 and heading:
"Extinction of the allocation
60. (1) an allotment goes out through
1. Disclaimer 2. withdrawal, 3. expiration of the time for which it was issued, as well as 4. death or termination of legal personality of the licence holder, but not in the case of a corporate universal succession.
(2) in the event of death of the licence holder, the probate can take this right up to the heir in claim, but has the representative of probate to display this without delay to the competent authority.
(3) the licence shall be revoked if the conditions for their issue have disappeared. She can be revoked if the licence holder has grossly or repeatedly violated his duties or used the allocated frequency within a period of six months from the decision of the Telecommunications Authority pursuant to article 81 in the allocated direction or not exercised a begun in use by more than a year. Reasonable opportunity to comment before the withdrawal is the licence holder to give.
(4) the licence shall be revoked if the bankruptcy was opened against the assets of the licence holder or the application for opening of insolvency proceedings due to lack of one to cover the costs of the bankruptcy proceedings of likely to be sufficient assets has been rejected; the competent authority may refrain from revocation when the continuation is located mainly in the interest of the creditors.
(5) in proceedings under paragraph 3, the regulatory authority section 91 shall apply by analogy. An injunction does not entitle to compensation pursuant to paragraph 3. Public liability claims shall remain unaffected.
(6) a termination of the allocation is immediately notify the competent telecommunications authority by the regulatory authority."
74. in paragraph 62, the word "Providers" is replaced by the phrase "Operators of communications networks and services".
75. paragraph 63 para 1:
"(1) that has regulatory authority regulation a plan for communication parameters, such as the emergency telephone numbers, including the European emergency number 112 and uniform numbers for harmonised services of social value, to set the conditions for the allocation of communications parameters in particular a hotline for missing children the number 116000 in decision 2007/116/EC, to be issued in which. The plan for communication parameters can consist of plans of part of."
76. in paragraph 65, paragraph 5 the last sentence is replaced by the word "Communications service" the word "Communications network".
77. in article 65, paragraph 7, the number "46" by the number "45" is replaced.
78. the previous section 66 is paragraph labeled (1), the following paragraph 2 is added:
"(2) communication parameters, for which there exists no proper copyright, may not be used."
79. in article 69, paragraph 3, the word "Party" is replaced by the word "Operator".
80. § 69 is added the following paragraph 6 after paragraph 5:
"(6) operators of public communications services have their participant them according to para 2 and 3 to inform legal rights in an appropriate manner."
81. § § 70, 71 and 72 and headings are:
Article 70. The operator of a communication service may make only an interruption in service or out in the event of default of payment of a participant, when he unsuccessfully urged the participants previously under threat of interruption in service or out and a grace period of at least two weeks. The partial lock of the affected service, which is default of payment, the operator must agree a reasonable processing fee. The operator interrupts only individual parts of the affected service, no separate fee must be agreed for this purpose. An interruption of access to emergency calls is not allowed. A disconnection or interruption of services of the universal service within the meaning of section 26 paragraph 2 may not be Nos. 1 and 2, if the participant only with obligations under any other contractual relationship of the universal service or from any other contractual relationship with the owner is delinquent.
Review of charges
A participant who accuracy which charged fees for any communication service, so him the operator written request to check all this amount of underlying factors and on the basis of the outcome of this review in writing to confirm the accuracy of the billing or to adjust billing accordingly doubts § 71 (1).
(1a) applications referred to in paragraph 1 can be introduced within three months.
(2) If an objection to the fees charged by an operator for any communication service brought to the attention of the regulatory authority, as the due date of the invoiced and disputed amount is inserted at that time up to the settlement of disputes. Regardless of the operator can be immediately due the amount corresponding to the average of the last three accounting periods.
(2a) at the request of the participant, the operator for the duration of the dispute resolution proceedings to repay that part of the fee already paid by the participant who must be not payable pursuant to par. 2 has. After the conclusion of the proceedings, too much fine amounts together with the statutory interest from collection date are to reimburse.
(3) in the event that in the review process of the operator or the dispute resolution proceedings pursuant to § 122 para 1 no need to recalculate of the disputed amount is found Z 1, the statutory default interest from the due date specified in the invoice invoice can be provided. The running of the limitation period of § 1486 Z is para 1 ABGB concerning the amounts of the invoices disputed referred to in paragraph 2 for the duration of the dispute resolution proceedings according to § 122 Z inhibited.
(4) in the event that an error is encountered which is to the detriment of the participant could have impacted and unable to determine the correct fee, is in the general terms and conditions, to assess without prejudice to a court decision, a-based on the average extent of this communication service by the participant flat-rate compensation, insofar as the operator can make a consumption at least to this extent.
72. (1) regardless of the institution of administrative criminal proceedings can the operator of a public communications network or service a participant invite, disruptive or not, the Federal Act on radio equipment and telecommunications terminal equipment, BGBl. I to remove No. 134/2001, appropriate telecommunications terminal equipment without delay of the network termination point.
(2) the provisions of § 11 remain unaffected FTEG."
82. paragraph 74 and heading:
"Construction and operation of radio systems
74. (1) is the construction and the operation of a radio system, without prejudice to the provisions of the FTEG only
1. in accordance with the technical conditions of regulation according to paragraph 3, or 2 after a display of the operation of a radio system on the basis of a regulation after para 3 or 3. in the context of a permit to be issued in accordance with article 81, with simultaneous assignment of frequencies by the Federal Communications Commission (§ 54 para 14) or the KommAustria (§ 54 para 3 No. 1), 4th in the context of a permit to be issued in accordance with article 81 to a frequency allocation by the regulatory authority pursuant to article 55.
(2) the authorisation to establish and to operate of an electrical device in accordance with § 3, last sentence considered radio system Z 6, shall be granted exclusively authorities insofar as they are entrusted with tasks of public security, defence, State security or criminal justice.
(3) in the cases subject to the § 53 para 2, the Federal Minister of transport has, for the operation of radio systems through regulation to set the technical conditions and codes of practice innovation and technology. This caution is to take on the international standards and to ensure the proper and trouble-free operation of a telecommunications system. Insofar as this is necessary for the monitoring of the trouble-free operation of radio systems, can be set in this regulation, that certain radio applications are subject to a duty of disclosure in accordance with § 80a."
83. According to section 80 the following § 80a and heading shall be inserted:
§ 80a. The commissioning of a radio system in accordance with a regulation pursuant to section 74 subsection 3 is to show the Federal Communications Commission in writing. The display has to contain the indications referred to in article 81, paragraph 1 Z 1-3."
84. § § 81 to 83 and headings are:
81. (1) applications under section 74, paragraph 1 are Nos. 3 and 4 to submit in writing. The application has to contain at least:
1. name and address of the applicant, 2. information on the intended use of the radio system and 3. information on the operation of the radio equipment, 4. one possible decision of the regulatory authority pursuant to article 55.
Documents certifying the technical characteristics of radio equipment, as well as the Declaration on the conformity of the devices used must be submitted upon request by the authority.
(2) on an application pursuant to paragraph 1 has to decide telecommunications office area in which local radio equipment is to be operated. Applications referred to in paragraph 1 with respect to radio transmitters, which are intended for broadcasting within the meaning of the BVG-Rundfunk, KommAustria has to decide. The authority has the decision within six weeks of receipt of the complete application to make, except that the conclusion of a frequency coordination to wait is under international agreements. Has extended the authority carry out a comparative selection procedure the deadline by eight months.
(3) a radio system in the local area of effect of two or more telecommunications offices is to be built or operated, or will use frequencies allocated by the regulatory authority pursuant to article 55, as the Telecommunications Office is responsible within its local area, the applicant has his main residence. One does not exist, so the Telecommunications Office is responsible within its local area radio system into operation for the first time is to be taken.
(4) in the event that the allocation of frequencies is not done by the regulatory authority, the authority pursuant to § 54 para 3 decides on the allocation according to the criteria of article 54.
(5) notices pursuant to section 83 are limited to grant not exceeding ten years.
(6) notices pursuant to sections 75, 76 and 83 may contain incidental provisions. In the cases of § 55, additional conditions may be prescribed, that are required to ensure the trouble-free operation of other radio systems within the framework of the concrete use of the radio equipment, in particular if a coordination procedure with domestic or foreign radio equipment is required. In other cases, obligations can be imposed with terms and conditions, compliance with which is necessary according to the circumstances of the case for the protection of life or health of people according to the criteria of article 54 paragraph 1 d, to avoid damage to the compliance with international agreements, to ensure undisturbed operation of other telecommunication equipment or for any other technical or operational reasons.
(7) in the cases of § 56 paragraph 4, the Federal Communications Commission at the request of the successor in title has to issue an assessment notice on the successful transition of the ruling.
Fees are payable section 82 (1) for display in accordance with § 80a, permits, and approvals under this Federal Act.
(1a) the obligation to pay the fees occurs at the time when permission is legally granted or the official act is carried out. In the case of ads in accordance with § 80a, duty arises at the same time with receipt indicating the authority.
(2) the fees to be paid in accordance with paragraph 1 are used to compensation for expenses related to the management of frequencies for the planning, coordination and updating of frequency usage, as well as for the to to ensure of a trouble-free and efficient use of spectrum necessary measurements, assessments and impact assessments. Fees can be provided in the form of
1. a one-time fee for ads according to § 80a, 2. a one-time fee for rights to use frequencies, 3. a fee to be paid periodically for frequencies, 4. a one-time fee for any other administrative activities according to the provisions of this Act.
The allocation fee is waived in the cases in which a frequency license fee is paid. For services of the authorities and organisations, who are tasked with rescue duties or with the task of maintaining the public peace, order, and security, are for the permit for the construction and operation of radio systems, which are intended solely for the purpose of fulfilling these tasks, to pay no fees.
(3) the fees referred to in paragraph 2 are by the Federal Minister of transport, in consultation with the Federal Minister of finance by regulation establishing innovation and technology. This caution is the to achieve the objectives of related personnel and administrative expenses and on the optimal use of frequency resources. It is also to consider whether frequencies are used commercially.
(4) has someone through a wrongful act deprived of fees, the Telecommunications Office, regardless of the penalty imposed for the wrongful act, to prescribe the withdrawn charge the culprits within the period of limitation according to the rates applicable at the time of the determination of the wrongful act has.
5) overdue fees can be driven by backlog cards.
(6) the regulation referred to in paragraph 3 for frequencies, which are intended for broadcasting within the meaning of the BVG-Rundfunk, except for those not used to the event by broadcasting within the meaning of the BVG-Rundfunk should is to be issued by KommAustria. In these cases, the procedure is to section 4 of the KommAustria perform.
Issuance of permit
section 83. The authorisation for establishing and operating a radio system is granted, except if
2. the requested frequencies in the intended area of use not available to stand or due to existing uses of frequencies not can; be allocated
4. since at least six months have passed a withdrawal pursuant to article 85, paragraph 3;
5. through the commissioning a threat to public safety is feared;
through the commissioning, the performance of official duties is impeded."
85. paragraph 84 paragraph 2:
"(2) the authority may change granted permits in the public interest, if important reasons"
1. for the safety of public communications, 2 for technical or operational reasons, 3. change of frequency allocation in accordance with § 57, 4. frequency usage changed to adapt due to international circumstances is necessary. This is to proceed under utmost economic and operational interests of the holder of the authorization."
86. paragraph 85 together with the heading:
"Termination of the authorisation
85. (1) the permit expires
1. by the end of the period for which she issued;
2. by waiver on the part of the holder of the authorization;
3. through cancellation;
4. by termination of the frequency allocation in accordance with section 60.
(3) the revocation is by the authority which issued the authorisation, to speak out when
2. This is necessary to ensure the uninterrupted operation of a public communications network;
3. the authorisation holder against the provisions of this Act or the on base who severely or repeatedly violated has approval for fulfilling obligations or conditions;
4. the conditions for the granting of the authorization; disappeared
5. plants not or not operated according to the approved purpose or operate 6 plants not with the approved technical features and the holder of the authorization, despite job has not made changes, or 7 the holder of the authorization is not paid the fees prescribed pursuant to § 82 despite two reminders.
(5) the revocation does not entitle to compensation.
(6) revocation and renunciation are bound by no deadline. The waiver has to be made, which issued the authorisation in writing to the authority."
87. According to article 85, 85a below section together with heading shall be inserted:
§ 85a. The operation of a radio system may be prohibited by the Federal Communications Commission, if
1 the display prescribed by the regulation referred to in section 74 subsection 3 will not be refunded, or 2. the prescribed conditions and codes of practice cannot be met, or 3. prescribed pursuant to § 82 ads despite two reminders not of fees in the regulation referred to in section 74 subsection 3 for radio equipment, or 4. at absence of necessary authorisation pursuant to article 81 a radio system is operated."
88. paragraph 86 para 3:
"(3) telecommunications equipment and their operation is subject to the supervision of the telecommunications authorities. Within the meaning of this section all systems and equipment for the processing of communication, such as in particular, communication networks, cable radio networks, radio equipment and telecommunications terminal equipment are considered telecommunications equipment."
89. in article 87, paragraph 2, the last sentence reads:
"Shall apply mutatis mutandis the provisions of articles 121, paragraph 2 and 3 and section 122, paragraph 3, of the code of criminal procedure (StPO), BGBl. No. 631 1975, unless it would frustrated the purpose of the measure as a result."
90th 88 paragraph 1 the following sentence is added to section:
"Is a telecommunications system resources affected by an electrical system or an electric, which is subject to the supervision of the telecommunications offices, it has to report this to the authority competent for the supervision of the interfering system telecommunications Office."
91. paragraph 90 paragraph 1:
"(1) operators of communications networks or services, as well as holders of rights to use frequencies or communication parameters, are obliged to provide information to the Federal Minister of transport, innovation and technology and the regulatory authority on written request, which are necessary for the implementation of this law and the relevant international regulations. These are in particular
1. information for the systematic or case review of the obligations from this federal law or one on the basis of this Federal Act adopted by regulation or a notice arising, information for the individual case-related review of obligations, if a complaint is the regulatory authority or other reasons by assuming a violation of obligations or by himself from investigations performs 2., 3. information procedure on allocation of frequencies or communication parameters , 4. information for a procedure pursuant to § 36-37a, 5 information for the publication of quality and price comparisons for services for the benefit of consumers, as well as 6 information concerning future network or service developments that could affect each existing services at the wholesale level.
This information is within the deadline set for that purpose and according to the schedule and the details to submit, be required. Information in accordance with no. 3 may be required even before taking up their duties. The information required shall be proportionate to the performance of duties. The desire is to establish and to inform the data subject for any specific purpose, the information provided should be used. A denial of information, relying on contractually agreed operating and trade secrets is not allowed. § 125 remain unaffected."
92. in article 91, paragraph 1, the last sentence is omitted.
93. 91 paragraph 4 the following sentence is added to §:
"These measures are limited to up to three months and may be extended for a further three months in particularly serious circumstances."
94. in section 91, paragraph 7, the last sentence is omitted.
95. According to section 91, the following section 91a and heading shall be inserted:
"Lock of value-added service numbers
§ 91a. (1) the regulatory authority has reasonable suspicion, that the regulation according to article 24, paragraph 1 and paragraph 2 or § 63 para 2 lit. a contained provisions relating to
1 payment information immediately prior to the use of the service, 2. the payment information during the use of the service, or 3. the dedication intended use of a phone number are injured and therefore considerable economic disadvantages for users to worry about are, compared to the provider of the communications service, the affected licence holder, or the operators, in their communications networks, the phone number is routed to arrange the immediate lock under application of § 57 AVG. The arranged lock does not entitle to compensation against the debtor to the lock.
(2) notices referred to in paragraph 1 are to publish on the website of the regulatory authority. The regulatory authority shall maintain an overview of the blocked numbers."
96. paragraph 92 paragraph 1:
'(1) the provisions of this section shall apply to the processing and transfer of personal data in connection with the provision of public communications services in public communications networks including public communications networks supporting data collection and identification devices. "As far as this federal law not otherwise determined, are the provisions of the data protection Act 2000, on the matters governed by this Federal Law Gazette I no. 165/1999, to apply."
97. § 92 para 3 No. 6 is:
"6"Location data"data, processed in a communication or a communication service and that specify the geographic location of telecommunications terminal equipment of a user of a public communication service, in the case of fixed telecommunications terminal equipment, location data are the address of the institution;"
98. Article 92 para. 3 the point is after Z 16 with a semicolon replaced and following Z 17 added:
"17 be"Violation of personal data protection"any breach of security that leads way accidental or unlawful destruction, loss, change, or the unauthorized disclosure or unauthorized access to personal data transmitted, stored or otherwise in connection with the provision of public communications services in the community."
99. in article 93, paragraph 2, the phrase "a public communications network or service" is inserted after the word "Operator".
100th paragraph 95 including headings:
"Data security measures
95. (1) the obligation to the issue of data security measures in the meaning of § 14 of the data protection Act 2000 is whether every provider of a public communications service in connection with the provision of a public communication service each for each service rendered by him.
(2) Notwithstanding paragraph 1, the operators of public communications services in those cases in which a special risk of breach of confidentiality is the participants about this risk and - if the risk outside of the scope which is located by the operator to measures - about possible remedies including their cost has to teach.
(3) operators of public communications services have - without prejudice to the provisions of the DSG 2000 - by information security measures to ensure at least the following:
1. to make sure that only authorized persons have access to personal data for legal purposes;
the privacy stored or transmitted against accidental or unlawful destruction, accidental loss or accidental alteration and unauthorised or unlawful storage or processing, unauthorized or unauthorized access or unauthorized or unlawful disclosure;
3. the implementation of a security concept for the processing of personal data.
The regulatory authority can examine the measures taken by the operators of public communications services and make recommendations to the level of safety to be achieved. "
101. According to § 95, 95a the following paragraph with heading shall be inserted:
§ 95a. (1) in the case of a violation of personal data protection the data protection Commission from this injury shall immediately notify without prejudice of article 16a and without prejudice to the provisions of the data protection Act 2000 of the operators of public communications services. Is to assume that a violation of such persons in their privacy or personal data even interfere with, the operator has immediately notify also the persons affected by this injury.
(2) the operator of public communications services may waive a notification of the persons concerned, if the data protection Commission is proved that he has taken appropriate technical protection measures and that these measures have been applied to the data affected by the breach of security. Anyway, these technical protection measures must ensure that the data to unauthorized persons are not accessible.
(3) without prejudice to the obligation of the operator referred to in para 1 second sentence can require the operator of public communications services - also the data protection Commission after taking into account the likely adverse effects of the infringement -, making a notification.
(4) in the notification to the affected persons are to describe in any case, the nature of the violation of personal data protection, call contact points where more information is available, and recommend measures to limit the potential adverse effects of the violation of personal data protection. The consequences of violation of protection data in the notification to the data protection Commission and are proposed by the operators of public communications services after the injury or taken measures to clarify in addition personal.
(5) for more details, in particular form, procedures or requirements for the notification of a security breach, can the Chancellor by regulation set. The data protection Commission may make appropriate orders in individual cases, to ensure an appropriate to the effects of the security breach notification of affected persons. It can create guidelines relating to security breaches.
(6) the operator of public communication services have to keep a register of the violations of the protection of personal data. It has information on the circumstances of injuries, their effects and the remedial measures taken to contain and must be suitable to allow the verification of compliance with the provisions referred to in paragraphs 1 to 4 of the data protection Commission.
(7) the data protection Commission has to inform the regulator about those security breaches that are necessary for the fulfilment of the tasks conferred on the regulatory authority by section 16a."
102. paragraph 96 together with the heading:
"Data protection - General
Master data, traffic data, location data and content data must be 96. (1) only for purposes which determined procurement of communications services or processes.
(2) in paragraph 1 referred data transfers permitted only insofar as this is required by the provider of a public communications service for providing the communication service, for which these data have been determined and processed. The use of data for the purpose of marketing of communications services or the provision of services with added value, as well as other submissions may be carried out only on the basis of an at any time revocable consent. This usage is to restrict to the required level and the time necessary for marketing. Operators of public communications services do depending on the provision of their services not by such a consent.
(3) operators of public communications services and providers of services of the information society within the meaning of § 3 Z I no. 152/2001, are obliged to inform the Subscriber or user in 1 E-Commerce Act, Federal Law Gazette, determine what personal data he process and will transmit, on what legal basis and for what purposes this is done and for how long the data is stored. An investigation of this data is permitted only if the Subscriber or user has given his consent to do so. This does not preclude a technical storage or access, if the sole purpose of carrying out the transmission of a message through a communication network or, if this is necessary, so that the provider of a service of the information society, which was explicitly requested by the Subscriber or user, can make this service available. The participant is also about the possibilities of use on the basis of the search functions embedded in electronic versions of the directory. This information has in an appropriate form to be done particularly in the context of general terms and conditions, and at the latest at the beginning of the legal relationships. The right to information shall remain unaffected under the Privacy Act."
103. in article 98, paragraph 1, the phrase "a communications network or service" is inserted after the word "Operator".
104. Article 98 shall be added after paragraph 2 the following paragraph 3, 4 and 5:
"(3) operator pursuant to § 20 have no. 6 of telecommunications terminal equipment, from which the emergency number was chosen to make them accessible and to request information on master data in accordance with § 92 section 3 No. 3 lit operators of emergency services immediately after receiving an emergency call location data within the meaning of article 92, paragraph 3. to give a up to d.
(4) communication network operators have in determining the location of telecommunications terminal equipment free of charge to join, as far as international standards are available for this.
(5) the Federal Minister for transport, innovation and technology can use regulation to set the further details of the investigation, in particular the accuracy reliability of site investigations and the transfer of the location of telecommunications terminal equipment. Here he has in particular on international standards, basic requirements in the public interest to take the technical possibilities and the investment required for this purpose, any existing contractual agreements between providers of communication networks or services and operators of emergency services, as well as the appropriateness of the amount of effort required economic caution."
105. paragraph 99 paragraph 2:
"(2) If this is necessary for purposes of the settlement of retail or wholesale charges that the operator of a public communications network or service traffic has to save. The traffic data is to delete or made anonymous as soon as the payment process was carried out and within a period of three months, the charges were not appealed. The data is not to delete, but if
1. a timely objection was raised until the end of that period, within which settlement can be challenged legally.
2. the invoice was not paid until to the end of the period to which the claim for payment can be claimed, or 3. about the level of charges was initiated proceedings, until the final decision.
These data are unabridged to provide in case of dispute the critical establishment, as well as the Arbitration Board (article 122). The amount of stored traffic data is to restrict to the minimum strictly necessary."
106. paragraph 100 paragraph 1:
"The participants fees are (1) in the form of a single remuneration statement to represent. Participants are eligible to receive non-itemised bills. The participants between an invoice in electronic or paper form must choose upon completion of the contract. The ability of the participant to receive an unpaid invoice in paper form, should not be excluded contractually. Is the remuneration statement in electronic form provided, it must be the participants possible, to receive the itemised on separate request in paper form free of charge. The remuneration statement must contain. an indication of the possibility of review of charges, as well as a current contact possibility to the operator sent the remuneration statement"
107. paragraph 4 deleted section 104.
108. § § 105 and 106 and headings are:
"Automatic call forwarding
§ 105. The operators of communication networks and services have the services offered by them, where a call forwarding is possible, at the request of the participant free of charge to repeal the automatic call forwarding by third participants to the telecommunications terminal equipment of the Subscriber. Several operators of call forwarding are involved, they have to work together.
Flying start, harassing calls
106. (1) trap circuit is independent of the will of the caller's identification of a telephone.
(2) If a participant wishes to track harassing calls the provider of communications service to set up a flying start for future calls or initiate at the operator of communication network has. The fishing circuit can exist also in the lifting of the oppression of the caller ID display and storage of incoming numbers by the operator. He may demand a reasonable fee for this.
(3) the result of the trace or the lifting of the oppression of the caller ID is the provider of the communications service to save and to announce the participants for those calls for which he makes credible the fact of harassing calls during the monitoring."
109. paragraph 107 paragraph 5:
"(5) the sending of electronic mail for direct marketing purposes is in any case inadmissible if"
1. the identity of the sender on whose behalf the message is delivered, disguised or hidden, or 2. the provisions of § 6 ABS. 1 E-commerce law are violated, or 3 the recipient is asked, no authentic address exists sites to visit, which offend against the called destination, or 4, to which the recipient can send a prompt to set these messages."
110. in article 109, paragraph 1, the No. 3 reads:
"3. contrary to article 74, paragraph 1 a radio system constructed or operates;"
111. in article 109, paragraph 1, the Z 8 reads:
"8. violates article 78, par. 4 radio transmission systems with non-allocated frequencies or call sign operates;"
112. in article 109, paragraph 1, 11a is inserted after Z 11 following Z:
"11a. contrary to a prohibition in accordance with § 85a a radio system operates;"
113. in article 109, paragraph 1, the point is replaced after Z 13 by a semi-colon and following Z 14 added:
"14. contrary to § 122 para 1 not incidentally participates in the dispute resolution proceedings."
114. in article 109, paragraph 2, 3a is inserted after Z 3 following Z:
"3a. contrary to article 65 paragraph 5 communication parameters to other users transfers;"
115. in article 109, paragraph 3, the Z 1 reads:
"1. contrary to article 16a, paragraph 1 or 2 not to ensure network integrity and network security measures;"
116. in article 109, paragraph 3 1a, 1B and 1 c are inserted after the Z 1 following Z
"1a. contrary to section 16a (4) a security check not undergoing or information to assess not delivered the security or integrity of its services and networks, including documents about its safety measures or results of its safety review;
1. contrary to section 16a para 5 security breach does not share with or the public at the request of the regulator is not informed, released no information about the quality of service or not discloses this information to the regulatory authority;
1 c. contrary to article 17, paragraph 1 released no information about the quality of service or not discloses this information to the regulatory authority;"
117. in article 109, paragraph 3, the Z 8 reads:
"8 contrary to section 23 paragraph 1 and 4 not number portability makes sure;"
118. in article 109, paragraph 3, 8a is inserted after Z 8 following Z:
"8a. contrary to § 23 para 5 performs an invalid phone number transfer;"
119. in article 109, paragraph 3, 11a is inserted after Z 11 following Z:
"11a. contrary to article 66 par. 2 communication parameters without copyright advantage;"
120. in article 109, paragraph 3, 15 following Z after Z are inserted in 15a and 15B:
' 15a. contrary to section 95a para 1 or 3 a notification does not perform;
no directory leads 15. contrary to § 95a para 6;"
121. in article 109, paragraph 4 is the No. 3:
"3. contrary to § 25 para shows 1 or 2 terms or tariff conditions or changes of terms of service or pay provisions of the regulatory authority in a timely manner prior to recording of the service, or the change in force or discloses;"
122. in section 109 (4), the No. 4 reads:
"4. contrary to article 90, paragraph 1 Z 4 proceedings pursuant to §§ 36-37a does not with to the extent laid down in § 90;"
123. in article 109, paragraph 4, the No. 6 reads:
"6. a regulation adopted on the basis of this Federal Act of RTR-GmbH and KommAustria or a decision adopted on the basis of this Federal Act of RTR-GmbH, the Telekom-Control Commission or the KommAustria contravenes;"
124. in section 111, paragraph 1 reads:
"(1) the regulatory authority determines that a company has gained an economic advantage by an illegal act on the basis of this Federal Act which adopted decision against this federal law, the provisions of an Ordinance issued on the basis of this Federal Act, or against a may file an application, the regulatory authority to the cartel Court to fix amount and reached out to explain. The amount of the levy depends on the degree of economic advantage and may be fixed by the cartel with up to 10% of the undertaking's turnover of last year. The regulator has in this process of party position."
125. in paragraph 111, after paragraph 1, the following paragraph 1a is inserted:
"(1a) the proof of the amount of the advantage obtained in illegal way is not at all or only with disproportionate difficulties to provide, so the cartel court may impose upon request or by virtue a decent amount free opinion."
126. § 113 paragraph 3 last sentence reads:
"A measure concerns the scope of two or more telecommunications offices, is to proceed without prejudice to article 81 paragraph 3, by mutual agreement."
127. paragraph 113 par. 5 and 6:
"(5) the Federal Minister for transport, innovation and technology (top telecommunications authority) is responsible for"
1. fundamental requirements for the activities of the regulatory authority according to § 18 para 3 u 4 KOG, 2 which is given legal remedies against decisions of the telecommunications offices and the offices of radio equipment and telecommunications terminal equipment, as far as the jurisdiction of independent Administrative Tribunal issuing and handling the necessary for the implementation of the international treaties regulations, in particular on the use of the frequency spectrum, 3. the decision on.
"(6) the regulatory authority shall regularly an evaluation of statutory provisions to make and every two years the result after hearing of the Federal Minister for transport, innovation and technology the communications report (§ 19 KOG) to connect."
128. in article 115, after paragraph 1, the following paragraph 1a is inserted:
"(1a) the RTR-GmbH is regulatory authority in accordance with the Ordinance of BEREC (§ 3 Z 8a)." In matters which fall within the competence of the KommAustria, the agreement with this is to establish."
129. According to article 115, the following section 115a and heading shall be inserted:
section 115a. (1) the Telekom-Control Commission has a regulatory approach for electronic telecommunications with respect to the tasks conferred upon it by law to create. The regulatory approach is in accordance with the purpose and the objectives of article 1, paragraph 1 to 3 and in accordance with the relevant policy statements and concepts of the European Union, of the Federal and State Governments to contain regulatory considerations of foreseeable developments in the electronic communications sector, in order to promote the predictability of regulation.
(2) the regulatory approach has an adequate to cover programming period but rising over a market cycle. It can be modified where necessary, also before the end of this period, the reasons. It is to publish on the Internet page of the regulatory authority. Before the publication is within a reasonable period of time to grant. opportunity to comment interested parties"
130. paragraph 117 together with the heading:
§ 117. Following tasks are assigned to the Telekom-Control Commission:
1. the decision in proceedings referred to in articles 6, 7, 9, 11, 12a and 13, 1a.
Decisions about the security checks in accordance with article 16a para 4, 2. decision in proceedings pursuant to § 18 para 3, 2a.
Decisions in proceedings pursuant to § 22, 2 b. decisions in proceedings after § 24a, 3. exercise of the right to object pursuant to § 25, 4. determination of the financial compensation to be paid from the universal service Fund pursuant to § 31, 5. determine the contribution to the universal service Fund pursuant to § 32, 6 determination of relevant markets susceptible to sector-specific regulation and determining whether to have each one or more companies have significant market power or but more effective competition exists, and repealing , Retention, modification or imposition of specific obligations in accordance with § 36-37a, 7.
Decision in proceedings pursuant to §§ 23, para. 2, 38, 41, 42, 47, 47a, 47B para 2, 48 and 49 para 3, 7a.
In proceedings pursuant to § 50, 8. approval of terms and conditions and fees as well as exercise of the right to object pursuant to §§ 26 and 45, 9 an allocation of frequencies, for which in the frequency utilisation plan pursuant to § 52 para 3 decisions, pursuant to § 54 para 3 No. 2, 10 decision was for the use of frequencies in accordance with article 56, 11 change of frequency allocation in accordance with § 57 and revocation of frequency allocation in accordance with section 60 , 12 decision on the right communications networks or services ready to make in accordance with article 91 para. 3, 13 decision on interim injunctions pursuant to section 91 paragraph 4, 13a.
"Decisions in proceedings under § 91a, 14 detection and application in accordance with section 111, 15 submission to the cartel Court pursuant to § 127, 16 decisions in accordance with article 130 paragraph 1."
131. in paragraph 118, according to paragraph 6, the following paragraph 6a is inserted:
(6a) which is by the Federal Minister of transport, paragraph 6 withdrawal of a member pursuant to disseminate innovation and technology in the Amtsblatt zur Wiener Zeitung. The departing Member may require that part of this release the reason for the dismissal is announced."
132. in paragraph 120, paragraph 1 lit. a is the expression "section 2 of private television Act" by the expression "audiovisual media services law" replaced.
133. § 120 para 1 No. 3 is:
The following sentence is inserted after the first set "3. tasks according to § 15, § 16a, § 17, § 21, § 25," 134. Article 124:
' Includes also information about the General content, the number and duration of the appeal proceedings. '
135. § 126 is added the following paragraph 3 referred to in paragraph 2:
"(3) the regulatory authority can adopt measures to ensure of effective cross-border coordination of enforcement of legislation after the 12 section and establishing harmonised conditions for the provision of subject to the scope of this federal law service, which involves a cross-border data flow, after consultation with the data protection Commission. In time before the adoption of such measures, the regulatory authority the European Commission submitted a summary of the reasons for action, of the planned measures and the proposed approach. The regulatory authority takes into account the recommendations of the Commission as far as possible, when they adopt such measures."
136. paragraph 127 together with the heading:
"Right to make requests to the cartel Court
127. (1) arises for the regulatory authority in the course of their activities the presumption that a matter is subject to the antitrust laws, checks these facts and has antitrust law 2005 (KartG 2005), where appropriate, a request under § 28 para. 1 and 2, BGBl. No. 61/2005, to the cartel Court.
(2) in the case of infringements against the prohibitions in 2005 in the first main section of the cartel and for non-compliance after § 27 cartel declared the 2005 for binding an application obligation commitments for the regulatory authority, unless you are touched in section 1 above purpose and objective provisions of this Federal Act."
137. paragraph 129 together with the heading:
The draft of a measure referred to in article 128, that will have effects on trade between Member States, concerns section 129 (1)
1. the definition of the market or the market analysis (§ 36 and 37) or 4. obligations imposed in accordance with sections 38 to 43, the draft is together after completion of the consultation process according to § 128 to provide at the same time the Commission, BEREC and the national regulatory authorities of the Member States of the European Union with a justification.
(2) if the Commission, BEREC, or the national regulatory authorities of the Member States within one month have adopted a position on the respective draft, to take account as far as possible is these opinions. Except in cases of paragraph 3, the resulting measure can be put in place. It is the European Commission and BEREC.
(3) the measure is to be deferred for two months if
1. the European Commission announced in its opinion pursuant to par. 2, she was of the opinion, the measure would create a barrier to the internal market, or she have serious doubts as to its compatibility with European Union law, in particular with the objectives referred to in article 1, and 2. refers to the measure the market definition or the market analysis section 36 and 37.
(3a) if the European Commission is asking to the withdrawal of the draft within the time limit referred to in paragraph 3, and provide objective and detailed reasons, to amend the measure six months or pull back is. Modified designs of enforcement actions are to apply paragraph 1 the procedure according to §§ 128 (1) and 129.
(3B) the measure is to defer but to three additional months, if
1. the European Commission announced in its opinion pursuant to par. 2, she was of the opinion, the measure would create a barrier to the internal market, or she have serious doubts as to its compatibility with European Union law, in particular with the objectives referred to in article 1, and 2. refers to the measure the imposition of specific obligations referred to in sections 38 to 43.
(3c) within the time limit under paragraph 3 (b) has the regulatory authority shall cooperate closely with the European Commission and BEREC to, to determine the most appropriate and most effective measure with regard to the objectives of referred to in § 1.
(3d) if BEREC within the first six weeks of the period under par. shares the concerns of the European Commission in accordance with par. 3 b Z 1 3B in a statement, the regulatory authority may keep the design of the measure or change, taking into account the opinions of the European Commission and of BEREC or withdraw.
(3e) the European Commission under the conditions of Article 7a, paragraph 5 is lit. a framework directive a recommendation to the regulatory authority and the regulatory authority already withdrew the draft of measure in accordance with article 129 paragraph 6, the regulator has the planned measure within one month, to adopt no later than after proceedings according to section 128. If the regulator does not change the measure in accordance with the recommendation or withdraws, this shall be justified.
(3f) designs of enforcement actions referred to in paragraph 1 may from the regulatory authority be withdrawn at any stage of the proceedings.
(3 g) procedural time limits shall remain suspended during the implementation of the procedure referred to in paragraph 1.
(4) enforcement actions referred to in paragraph 1 may be adopted without carrying out the procedures referred to in paragraphs 1 and 3 for a period of not more than three months if the immediate measure in exceptional circumstances is necessary to ensure competition and protect the interests of users. The European Commission, BEREC and the national regulatory authorities of the Member States of the European Union are immediately by connecting a full justification to teach. The procedure referred to in paragraph 1 is carried before an extension of the period of validity of the enforcement action.
(5) for reasons of expediency, a standard-based body may the publication of the draft as well as the publication of the incoming comments through the regulatory authority get.
(6) the regulatory authority shall keep a register of the proceedings referred to in paragraph 1 and publish this."
138. the previous section 130 is paragraph labeled (1), the following paragraph 2 is added:
"(2) the regulatory authority BEREC to give an opinion on the issue, may ask what measures in accordance with the framework directive or the specific directives to resolve the dispute are. BEREC to give an opinion was requested has the regulatory authority which has has to wait on a jurisdiction in the dispute, delivered his opinion to BEREC before taking measures for the settlement of the dispute. Procedural time limits shall remain suspended until the opinion. This will affect related to the regulator unable to take emergency measures if necessary."
139. the previous section 132 is paragraph labeled (1), the following paragraph 2 is added:
"(2) with the entry into force of the Federal Act Federal Law Gazette I no. 102/2011 following legislation override become:"
1. the regulation of the Federal Chancellor on the pronouncements of Rundfunk und Telekom Regulierungs-GmbH in the Federal Law Gazette II, Federal Law Gazette II No. 38/2005.
2. the regulation of the Federal Minister for science, transport and the arts through a tariff system for certain telecommunications services (Telecom tariff design regulation), BGBl. No. 650/1996;
Ordinance of the Federal Minister for public economy and transport, with the conditions for the issuing of terms and conditions of hiring-out set of transmission paths, as well as for the provision of reserved telecommunications services (framework regulation), Federal Law Gazette No. 756/1994;
4. the regulation of the Federal Minister for science and transport for determining local interconnection (cooperation circuit Regulation), Federal Law Gazette II No. 14 / 1998;
5. the regulation of the Federal Minister of transport, science and art, with the frequencies and frequency bands for Europe-wide harmonised radio systems are dedicated (frequency dedication Ordinance - FWV), Federal Law Gazette No. 313/1996;
6. the regulation of the Federal Minister for public economy and transport on the implementation of the Telecommunications Act 1993 regarding the telecommunications authorities in the field of broadcasting (1 implementing regulation to the Telecommunications Act 1993-1st DVO-FG), Federal Law Gazette No. 230/1994;
"7. the regulation of the Federal Minister for science and traffic over the Declaration of compliance with technical requirements by the manufacturers of end devices (devices manufacturer Declaration Regulation), Federal Law Gazette II No. 122/1997: 8 Ordinance of the Federal Minister for public economy and transport conformity assessment procedures for the registration of terminal equipment (conformity assessment Regulation), Federal Law Gazette No. 791/1994."
140. § 133 paragraph 1 and 2 are:
"(1) at the time of entry of into force of the Federal Act Federal Law Gazette I no. 102 / 2011 pending administrative procedures after the 2nd section are according to which up to the in force of the Federal Act Federal Law Gazette I no. 102 / 2011 current substantive legislation and proceedings legal situation, including the responsibility to finish."
(2) procedures for the 2nd are to lead the substantive legislation passed at the time of the final decision and procedure legislation to end. section, whose final ruling on the basis of the in force of the Federal Act Federal Law Gazette was I issued no. 102 / 2011 current legislation and addresses the realisation of the constitutional or administrative court "
141. in paragraph 133, after paragraph 2, the following paragraph 2a is inserted:
"(2a) for at the time of entry of into force of the Federal Act Federal Law Gazette I no. 102 / 2011 pending proceedings pursuant to § 71 para 3 is the section 71, paragraph 3, last not to apply set."
142. § 133 paragraph 3 last sentence deleted.
143. paragraph 7 and 8 for section 133.
144. paragraph 133 paragraph 9:
"(9) the Federal Minister for transport, innovation and technology has to check whether the universal service be provided by the market in the competition no later than one year after entry into force."
145. paragraph 133 paragraph 11:
"(11)" the telecommunications markets Ordinance 2008 (TKMVO 2008), Federal Law Gazette II No. 505/2008 in the version BGBl. II remains no. 468/2009, as long as in force until first procedure in accordance with articles 36 and 37 idF BGBl I no. 102/2011 with regard to the respective markets to validate these provisions have been completed. ""
146. Article 133 be added following paragraph 12 to 14 after paragraph 11:
"(12) at the time of entry into force of the Federal Act Federal Law Gazette I no. 102 / 2011 before the KommAustria pending after the 5th section are of this, apart from the coordination procedure referred to in article 129, the procedural and substantive provisions of this Federal Act in the version of Federal Law Gazette I no. 50 / 2010 as well as the broadcasting market definition regulation 2009 (RFMVO 2009), released on 30.04.2009 in the Amtsblatt zur Wiener Zeitung" , to complete. The same applies to the Federal Communication Senate if appeals will be filed against an administrative decision of KommAustria pursuant to the preceding sentence or repeals a decision of the Federal Communications Senate in such a case the Constitutional Court or the Administrative Court, and the procedure is again pending before the Federal Communication Senate.
(13) the regulation concerning transferring numbers between cellular networks (numbers transmission regulation - Nummernübertragungsverordnung), Federal Law Gazette II No. 513/2003, occurs on March 1, 2012 except force.
Paragraph 1a to 1 d (14) § 54 only applies to rights which are granted after May 25, 2011."
147. paragraph 135 paragraph 2:
"(2) Regulations of the regulatory authority are to be published in the Federal Law Gazette II."
148. paragraph 136 along with heading:
"Section 136 (1) is the Federal Minister for traffic with the completion of this federal law, entrusted to innovation and technology, provided in para 2 to 8 not otherwise determined."
(2) with the enforcement of § 16 para 4 of the Federal Chancellor in consultation with the Federal Minister of transport, innovation and technology is in charge.
(3) with the enforcement pursuant to sections 16a para 10, 82 para 6 and 95a is the Federal Chancellor is entrusted.
(4) with the enforcement of article 82, paragraph 3, and § 118 paragraph 7, it is entrusted to the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of finance.
(5) with the enforcement of section 94, paragraph 1, of the Federal Ministry of transport, innovation and technology in agreement with the Federal Minister of the Interior, the Minister of Justice and the Federal Minister of finance is responsible.
(6) with the enforcement of section 94, paragraph 2, it is entrusted to the Federal Minister of Justice in consultation with the Federal Minister of transport, innovation and technology, and the Federal Minister of finance.
(7) with the enforcement of section 94, paragraph 3, the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of the Interior and the Federal Minister of Justice is responsible.
(8) with the enforcement of section 94, paragraph 4, the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of the Interior and the Federal Minister of Justice is responsible.
(9) with the enforcement of section 108, the Federal Minister of Justice is responsible.
(10) with the enforcement of article 114, paragraph 1 of the Federal Minister of the Interior is in charge."
149. Article 137 be added following paragraph 5 and 6 after paragraph 4:
"(5) sections 25, 25 b 25 d, 70, 71 par. 1a, 95 para 3 z 3 and 100, as amended by Federal Law Gazette I no. 102/2011 I become three months after the announcement of the Federal Act Federal Law Gazette No. 102/2011 in force."
"(6) section 29 para 2 as amended by Federal Law Gazette I no. 102/2011 comes six months after the announcement of the Federal Act Federal Law Gazette I no. 102/2011 in force."
Amendment to the KommAustria Act
The KommAustria Act, Federal Law Gazette I no. 32/2001, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:
1. According to article 17, 17a the following paragraph with heading shall be inserted:
'Managing Director for the Department of telecommunications and post
§ 17a. (1) the Managing Director of RTR's Telecommunications Division and post is appointed by the Federal Minister for transport, innovation and technology. A further order is allowed. The order has an invitation to tender for general application to go ahead. The tender is the Federal Minister for transport, to induce innovation and technology and published in the "Amtsblatt zur Wiener Zeitung".
(2) after the expiration of the term of Office of the previous Managing Director continues the shops until the appointment of a new Managing Director.
(3) to the Managing Director may not be appointed:
1. persons referred to in paragraph 4 Nos. 1, 3 and 6;
2. persons who in a service, agency or company relationship to an operator of a communications network or service or an operator of postal services and take advantage of people who are an activity of RTR-GmbH, Department of telecommunications and post, in a close relationship with those or are affected by this.
3. persons who have carried out one of the activities referred to in 1 or 2 Z and functions within the last year.
(4) the Director may exercise any activity for the duration of his duties, which could cause doubts about the independent performance of his duties or the suspicion of a bias or prevented him from fulfilling his official duties or endanger essential official interests.
(5) the Managing Director is obliged without delay to bring activities he has in addition to his work in the RTR-GmbH, the Federal Minister for transport, innovation and technology.
(6) the function as the CEO goes off
1. by lapse of time;
2. by death;
3. in the case of cancellation pursuant to section 16a GmbHG.
4. for loss of eligibility for the National Council;
5. with the finding of the Federal Minister for transport, innovation and technology, that is incapable of managing director because of severe physical or mental infirmity to a proper exercise of the function.
6 with the finding of the Telekom-Control Commission, the Managing Director has grossly violated his duties according to § 17 para 2 or not followed an instruction according to § 18 para 2
7. by determining the post-control Commission, the Managing Director has grossly violated his duties according to § 17 para 3 or not followed an instruction according to § 18 para 2
8. with the finding of the Federal Minister for transport, innovation and technology, that the CEO has not followed an instruction Z 3 according to § 18 para 3
9. with the Federal Minister of transport, innovation and technology, noting that Managing Director has not granted information according to § 18 para 4
the Federal Minister for transport, innovation and technology, noting that there is an incompatibility in accordance with paragraph 3 to 5.
(7) findings in accordance with subsection 6 Z 5 to 10 are to justify by the competent body and to be published in the "Amtsblatt zur Wiener Zeitung". A determination notice is to be issued at the request of the Executive Director.
(8) the function of the Managing Director in accordance with subsection 6 goes out Z 2 to 10, the Managing Director for the Department of media of RTR-GmbH is interim with the management of the Department of telecommunications and post entrusted, until a new Managing Director in application of paragraph 1 has been appointed."
2. § 18 para 3 last sentence is amended as follows:
"The respective organ can give reasonable instructions in fulfilling its supervisory rights of RTR-GmbH; However, this does not apply in the case of no. 3 as far as the RTR-GmbH carries out tasks according to § 17 para 2 and 3. Case of the Nos. 2 and 3 to give these instructions in writing and publish are."
3. in article 18, paragraph 5, the first movement is eliminated.
4. section 40 para 3 Z 4 is:
"4. where appropriate, the notice that the is done with the aid of electronic communication channels and proclamations of the municipality and deliveries in the procedure can be carried out by edict on the website of the regulatory authority"
5. paragraph 40 paragraph 6:
"(6) was announced the initiation of a procedure with edict, proclamations of the municipality and deliveries in the procedure can be made by edict on the website of the regulatory authority. § 44f AVG shall apply mutatis mutandis."
6. in paragraph 44, 16 the following paragraph shall beadded:
"I will take no. 102/2011 (15) § 17a heading and section 18 as amended by Federal Law Gazette may 26, 2011 effect. Article 17a par. 3 No. 3 applies, be ordered after May 26, 2011 Managing Director."
Amendment to the consumer authorities cooperation Act
The Federal Act on the cooperation of authorities in the consumer (consumer authorities cooperation law VBKG), Federal Law Gazette I no. 148/2006, is amended as follows:
1. in article 3, paragraph 1 is inserted after Z 6 5 following Z:
"6 which in section 113 para 2 of the Telecommunications Act 2003 - TKG 2003, Federal Law Gazette I no. 70/2003, the telecommunications offices for the provision for the implementation of the directive referred to in the annex under no. 6 where the jurisdiction provision of § 113 paragraph 3 apply TKG 2003 accordingly is."
2. in section 4, paragraph 2 is after the phrase "article 3 par. 1 Z 4" added the phrase "and no. 6".
3. in the annex, 6 is added 5 following Z after Z:
"6 article 13 of Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector (data protection policy for electronic communications, OJ (Nr. L 201 vondem 31.7.2002, S. 37). "