333. Regulation of the Broadcasting and Telekom Regulatory GmbH, which changes the communication parameter, fee and value-added services regulation 2009 (KEM-V 2009)

On the basis of § § 24 (1) and (2) and 63 of the Federal Act, which enacted a telecommunications law (Telecommunications Act 2003-TKG 2003), BGBl. I n ° 70/2003, as amended by the BGBl version. I No 50/2010, shall be ordered:

The regulation of broadcasting and telecom regulation GmbH, which lays down rules for communication parameters, charges and value-added services (communication parameter, remuneration and value-added services regulation 2009-KEM-V 2009), BGBl. II No 212/2009 idF BGBl. II No 109/2010, shall be amended as follows:

1. In the table of contents, the heading is before § 55 "Call numbers for private networks" replaced by "Call numbers for private networks with a regulated remuneration limit" .

2. In the table of contents according to § 59 the word order " § 59a. Pay determination " inserted.

3. In § 24, in Z 3 the point is replaced by a stroke point and the following Z 4 is added:

" 4.		145 5 pharmacy services. "

4. In § 25, the following paragraph 1 is inserted after paragraph 1:

"(1a) The Austrian Pharmacists ' Chamber shall be entitled to apply for the public short call number 145 5 for the entire Federal territory."

Section 26 (4) reads as follows:

"(4) In the case of § 24 Z 1, 2 and 4, the determination of sequence numbers shall be prohibited, and in the case of § 24 Z 3, a single subsequent digit shall be permitted."

6. In § 26, the following subsection (5) is added:

" (5) The telephone number 145 5 may be used exclusively for a service which informs about pharmacies which are ready for service outside the usual opening hours, acts as a hotline for medicinal products and provides a service to a pharmacist who is ready for the service. can. "

7. Before § 55, the title shall be "Call numbers for private networks" replaced by "Call numbers for private networks with a regulated remuneration limit" .

8. In accordance with § 59, the following § 59a and heading is inserted:

" Determination of the remuneration

§ 59a. (1) For voice services in the area of private networks, a fee of EUR 0.40 per minute may be agreed with participants.

(2) In the case of calls from mobile terminal equipment to call numbers for private networks, the communication service operator who shall take the call into account shall ensure that the caller ends immediately prior to establishing the connection in be informed that this call is higher than calls to geographical phone numbers.

(3) The participant may not be charged for the information referred to in paragraph 2 above and he must be given the opportunity to permanently switch off this information for free.

(4) In the case of calls to call numbers for private networks, the remuneration information referred to in paragraph 2 shall be deleted, provided that these calls are charged to the subscriber at the same high or lower cost at all times, than calls for the predominant share of the geographic phone numbers.

(5) For intelligence services in the area of private networks, the maximum permitted fee shall be equal to the lowest charge for a message to another communications network, in accordance with the remuneration provisions applicable to the subscriber. coming.

(6) § 59a (2) to (4) shall apply only to contracts concluded from 1 March 2011 or extended in conjunction with a change in the tariff model. "

9. In § 94 (9) the word order shall be "operator identification number according to § 69 TKG 2003" through the phrase "operator identification number according to § 68 TKG 2003" replaced.

10. In Section 95 (10), the phrase "in accordance with paragraph 8" through the phrase "in accordance with paragraph 9" replaced.

11. In § 128, the following paragraphs 5 and 6 are added in accordance with paragraph 4:

" (5) The changes in the table of contents as well as § § 24 to 26, the title before § 55, § § 94 (9), 95 (10), 129 (2) in the version BGBl. II No 333/2010 are due to be 29. October 2010, in force.

(6) § 59a shall enter into force on 1 March 2011. "

12. In § 129 (2), the word order shall be "with 31 December 2010" through the phrase "with 31 December 2013" replaced.

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