50. Federal Law, with which the Federal Constitutional Law, the KommAustria-Act, the Telecommunications Act 2003, the Verwertungssocieties Act 2006, the ORF Act, the Private Television Act, the private radio law and the TV-exclusive rights law will be amended

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Constitutional Law BGBl. I n ° 127/2009, is amended as follows:

(1) In Article 20 (2), first sentence, the following Z 5a shall be inserted:

" 5a.		on the supervision and regulation of electronic media and the promotion of media, "

2. In the last sentence of Article 20 (2), the word sequence shall be: "according to Z 2, 3 and 8" through the phrase "according to Z 2, 3, 5a and 8" replaced.

(3) The following paragraph 42 is added to Article 151:

" (42) Art. 20 (2) in the version of the Federal Law BGBl. I n ° 50/2010 shall enter into force 1. October 2010, in force. "

Article 2

Amendment of the KommAustria Act

The KommAustria-Law, BGBl. I n ° 32/2001, as last amended by the Federal Law BGBl. I n ° 134/2009, shall be amended as follows:

1. § 1 together with the above section title, section heading and paragraph transcript is:

" 1. Section

Regulatory authority

Communication Authority Austria

§ 1. (1) The management and concern of regulatory functions in the electronic audio-visual media and electronic audiovisual media, including the supervision of the Austrian Broadcasting Corporation and its subsidiaries, shall be: the Communications Authority Austria ("KommAustria") set up.

(2) In addition, the KommAustria shall be responsible for management of the media in accordance with the provisions of federal law. "

2. § 2 (1) reads:

" (1) The administrative management and concern of the regulatory tasks within the meaning of Section 1 (1) shall include the tasks assigned to KommAustria by separate federal regulations, in particular:

1.		Allocation and admission procedures according to the PrR-G, BGBl. I n ° 32/2001, and the AMD-G, BGBl. I No 84/2001,
2.		Procedure for the co-use of transmission systems according to § 8 ORF-G, BGBl. I No 83/2001,
3.		Preparation, introduction and further development of digital broadcasting,
4.		Grant of permits for the operation of the technical facilities required for the event of broadcasting as well as frequency management according to the TKG 2003, BGBl. I No 70,
5.		other procedures in accordance with § 120 TKG 2003,
6.		Exercise of the legal supervision of private broadcasters and media service providers as well as administrative criminal proceedings in accordance with the provisions of the PrR-G and the AMD-G,
7.		Observation of compliance with the provisions of the 3. Section of the Austrian Broadcasting Corporation Act as well as the advertising law provisions of § § 9 to 9b and 18 ORF-G by the Austrian Broadcasting Corporation and its subsidiaries as well as compliance with the provisions of § § 31 to 38 and 42a to 45 AMD-G and § § 19 and 20 PrR-G by private broadcasters and media service providers. In order to fulfil this task, the KommAustria has at regular, at least monthly intervals with all broadcasters and media service providers evaluations of broadcasts and media services which include commercial communication, , In the case of the Austrian Broadcasting, the online offers are also recorded. Within four weeks, calculated from the time when the broadcast or the broadcast is broadcast, those results in which it suspects an infringement of the said provisions shall be the Österreichischer Rundfunk (its subsidiary) or the Austrian Broadcasting Corporation (its subsidiary). private broadcasters or Media service providers to submit their comments within a period of two weeks. In the light of the opinion received, the KommAustria shall continue to pursue the infringement of its own motion on grounds of reasonable suspicion,
8.		Procedure after the KartG 2005, BGBl. I n ° 61, and the Competition G, BGBl. I n ° 62/2002, in so far as the Commission has the status of an official party,
9.		Exercise of the legal supervision of the Austrian Broadcasting Corporation and its subsidiaries as well as conduct administrative criminal proceedings in accordance with the provisions of the Austrian Broadcasting Act (ORF),
10.		Perception of tasks according to FERG, BGBl. I No 85/2001,
11.		Administrative criminal proceedings according to the ZuKG, BGBl. I No 60/2000. '

Section 2 (2) shall be replaced by the name "(3)"; the following paragraph 2 is inserted:

" (2) The funding administration in the area of the media within the meaning of section 1 (2) includes the tasks assigned to KommAustria by separate legal provisions, in particular:

1.		Administration and allocation of funds according to the Press FG 2004, BGBl. I No 136/2003,
2.		Administration and allocation of funds under Section II of the PubFG, BGBl. N ° 369/2004,
3.		Administration and allocation of funds according to § 33. "

4. § § 3 and 4 together with the headings are:

" Institution and members of the KommAustria

§ 3. (1) The KommAustria shall consist of five members, namely the Chairman, a Chairman-in-Office and three other members. All members shall carry out their duties as their main occupation. Only those who have completed the study of the legal sciences or the studies on the law or the state sciences can be appointed as a member and have five years of legal professional experience.

(2) The Chairperson, the Chairperson of the Chairperson and the other members shall be appointed by the Federal President on a proposal from the Federal Government for a period of six years. A reorder is allowed. The proposal has to be preceded by an invitation to tender for the general application. The invitation to tender is to be issued by the Federal Chancellor and to be published in the "Official Journal of the Wiener Zeitung".

(3) (constitutional provision) The Federal Government's proposal calls for agreement with the main committee of the National Council.

(4) After the end of the operating period, the previous members shall continue the business until the constituent meeting of the newly appointed members.

Incompatibility

§ 4. (1) In the case of KommAustria, do not take any action:

1.		Members of the Federal Government, State Secretaries, members of a state government, members of the National Council, the Bundesrat or otherwise of a general representative body or the European Parliament, as well as persons who are in a A political party or a leading function in a federal or state organization of a political party, persons who are in a service relationship with a club of a general representative body or is assigned to such a service, parliamentary staff within the meaning of the Parliamentary Staff Act, as well as Volksanwälte and the President of the Court of Auditors;
2.		Persons who are in a service relationship with a legal entity of civic education in the area of political parties (§ 1 PubFG);
3.		Staff of the Cabinet of a Federal Minister or Office of a Secretary of State or another in § 5, 6 or 8 (1) of the Bezügegesetz, BGBl. No 273/1972, the institution of the Federal Republic of Germany or of a country;
4.		persons working in an institution of the Austrian Broadcasting Union;
5.		Persons who are in a service, order or company relationship with the Österreichischer Rundfunk or its subsidiaries, to another broadcaster or to any other media company and persons who are in a are legal close-up to those who take up or are affected by an activity of KommAustria;
6.		persons entrusted with the representation of the interests of media companies, in particular on the basis of a contract or service relationship with a legal representation of interests or other interest groups;
7.		Persons who have carried out one of the activities and functions mentioned in Z 1 to 6 within the last year.

(2) Members may not engage in any activity for the duration of their duties, which could cause doubts as to the independent performance of their duties or the presumption of partiality, or which hinder them in the performance of their duties. or essential service interests.

(3) Members shall be obliged to inform the Chairman without delay of any activities which they carry out in addition to their activities in the Authority. The chairman himself has to take note of such an activity to the Federal Chancellor. "

5. § 5 shall be replaced by the name "§ 16." ; the paragraph heading is:

"Setting up and organisation of RTR-GmbH"

6. In accordance with § 4, the following § 5 with headline is inserted:

" Deletion of membership and reordering

§ 5. (1) Membership shall be deleted:

1.		through time-lapse,
2.		on death,
3.		in the absence of
4.		in the event of a loss of eligibility for the National Council,
5.		with the determination of the General Assembly that the Member is incapable of proper functioning due to severe physical or mental infirmary,
6.		noting that the General Assembly has committed a gross breach of duty,
7.		with the determination of the General Assembly that there is incompatibility in accordance with § 4.

(2) If a Member is to issue a divorce for reasons according to paragraphs 1, Z 2 to 7, a new member shall be appointed without delay for the remainder of the term of office under Section 3.

(3) In the event of the reappointment of members pursuant to paragraph 2, the Federal Government has to obtain an opinion from KommAustria on its proposal. The KommAustria shall publish the opinion in a suitable manner, taking into account requirements of data protection law. "

7. § 5a.

8. § 6 together with headline reads:

" Position of Members

§ 6. (1) Members shall be independent in the performance of their duties and shall not be bound by any instructions.

(2) The members shall be obliged to secrecy in accordance with Art. 20 sec. 3 B-VG. "

9. § 7 and title shall be given the title "§ 19." .

10. According to § 6, the following § § 7 and 8 together with the headings are inserted:

" Chairman and Deputy

§ 7. (1) The Chairman represents the KommAustria to the outside. It may delegate this competence, in particular the power to authorise certain types of errands, to other Members in accordance with the Rules of Procedure.

(2) The Chairman shall represent the Chairperson in the event of his prevention. In the event of a premature departure of the Chairperson, a new Chairman shall be ordered immediately for the remainder of the operating period in accordance with Section 3 (2).

(3) The Chairman shall assign the relevant business items in accordance with the Rules of Procedure and the distribution of business.

(4) It is the responsibility of the Chairman, in full respect of the independence of the members, to work towards the most uniform case-law and full-time practice.

Internal Setup

§ 8. The KommAustria is active in the General Assembly, in Senates or by individual members. "

11. § 9 together with the title shall be given the title "§ 20." .

12. In accordance with § 8, the following § 9 with headline is inserted:

" General Assembly

§ 9. (1) The General Assembly shall consist of all members. The General Assembly is quorum in the presence of at least three members and decides by a simple majority of the members present. A abstention is inadmissible.

(2) The constituent meeting and all other meetings shall be convened by the Chairman.

(3) The General Assembly has the following tasks:

1.		Authorisation and amendment of the Rules of Procedure and the distribution of business;
2.		Election of the Senate Chairmen and the Senate Members;
3.		Decision-making on the activity report of the Commission;
4.		issuing opinions on matters of fundamental importance which fall within the scope of the general education of KommAustria;
5.		Dismissiation of members pursuant to § 5. "

13. § § 9a to 9m, together with the headings, are given the names "§ 21." to "§ 33." . § § 10 and 10a together with headings are given the names "§ 34." and "§ 35." § § 11 and 11a together with the headings as well as the section title before § 11 and section title of the second section are deleted.

14. § § 12 to 14 together with the headings are given the names "§ 37." to "§ 39." ; § § 15 to 18, together with headings, are given the names "§ 41." to "§ 46." .

15. According to § 9, the following § § 10 to 15 together with headings are inserted:

" Senate

§ 10. (1) By means of the Rules of Procedure, the number of senates required for the performance of the statutory tasks shall be established.

(2) Each Senate shall be composed of three members, with either the Chair or the Chairman of the Senate holding the Chair (Senate Chairperson). It shall be determined by the General Assembly in the framework of the Rules of Procedure and the division of business.

(3) The leadership of the current affairs of the Senate is concerned by the respective Senate Chairperson. In accordance with the Rules of Procedure, current transactions shall in particular be deemed to be those which are used to prepare a decision or an opinion of the KommAustria in matters relating to the Senate, the collection of which shall be subject to the Decision-making required information and information, the carrying out of the necessary correspondence with applicants, other persons and bodies and the release of procedural provisions, in so far as they do not in a process-ending process. The chairman of the Senate conducts oral proceedings, handles the seat policy, announces, if necessary, the communication and undertakes the minutes of the proceedings and the originals of the decision. It shall decide on the fees charged to witnesses and participants, and on the setting of fees for non-official experts and non-official interpreters. The chairman of the Senate also decides on requests for the granting of the suspensive effect, which will be made in connection with requests for re-establishment of rights.

(4) The chairmen of the Senate may, in accordance with the Rules of Procedure, transfer the conduct of the current business to other members, in so far as they concern matters in which those members are involved in the preparation of discharge charges. (rapporteur).

(5) The Senate shall decide by a simple majority in the presence of all members. A abstention is inadmissible.

Individual Members

§ 11. In accordance with the following provisions, individual matters shall be concerned by members as individual members.

Rules of procedure and business distribution

§ 12. (1) The General Assembly has to adopt its Rules of Procedure. In particular, the duties of the individual members and of the Senate, including their composition, as well as the convening and the conduct of meetings of the General Assembly and of the Senate, shall be laid down in more detail.

(2) The distribution of transactions shall be governed by a business distribution to be determined at the beginning of each calendar year.

(3) The Rules of Procedure and the distribution of business shall be published in an appropriate manner.

Responsibility

§ 13. (1) KommAustria is concerned with the tasks assigned to it in § 2 of this Federal Act and on the basis of separate federal regulations.

(2) The distribution of the duties to individual members or Senate by the Rules of Procedure and the division of business (§ 12) shall be determined in accordance with the following paragraphs and after the professional qualifications of the members.

(3) In any case, the following matters are to be dealt with by Senate:

1.		Allocation and admission procedures according to the PrR-G and the AMD-G, provided that they are multi-party procedures;
2.		Procedures for the co-use of broadcasting facilities;
3.		Legal supervision of broadcasters, media service providers and multiplex operators, with the exception of the duties with regard to compliance with advertising regulations (§ 2 para. 1 Z 7);
4.		Proceedings on the basis of complaints (§ 25 PrR-G, § 61 AMD-G);
5.		Radio spectrum management matters in the broadcasting sector, including verification of allocations and withdrawal procedures;
6.		Planning and implementation of digitisation, including the elaboration of the digitisation concept and the production of the digitisation report;
7.		Competition regulation of broadcasting networks in accordance with the TKG 2003 and other tasks after the TKG 2003;
8.		Grant of telecommunications authorisations for broadcasting pursuant to the TKG 2003, provided that they are multi-party procedures;
9.		procedures relating to distribution contracts in cable networks;
10.		to carry out the tasks in proceedings under the Antitrust Act and the Competition Act;
11.		to carry out tasks according to the consumer authority cooperation law;
12.		Carrying out the tasks of the authorities in accordance with the FERG;
13.		Legal supervision of the Austrian Broadcasting Corporation and its subsidiaries in accordance with the Austrian Austrian Broadcasting Act (ORF), with the exception of the tasks relating to compliance with advertising regulations (§ 2 para. 1 Z 7), in particular:
a)			Procedures relating to compliance with the programme principles and the range of objectivity;
b)			matters relating to the object of the enterprise and the fulfilment of statutory contracts;
c)			Objections to lists of editor-in-office elections;
d)			Affairs of the institutions of the Austrian Broadcasting Union and its decisions;
e)			Matters relating to the competitive behaviour of the Austrian Broadcasting and the Economic Gebarung, to the extent that it is assigned by the ORF law of the regulatory authority;
f)			other procedures relating to complaints and applications.

(4) In any case, the following matters shall be dealt with by individual members:

1.		for electronic audio-visual media and electronic audio-visual media:
a)			Allocation and admission procedures according to the PrR-G and AMD-G, provided that they are one-party procedures;
b)			Legal supervision in the context of advertising observation (§ 2 para. 1 Z 7), including the legal supervision of the Austrian Broadcasting Corporation and its subsidiaries;
c)			-matters of notifiable services outside the legal supervision;
d)			Grant of telecommunications authorisations for broadcasting pursuant to the TKG 2003, in so far as it is a one-party procedure;
e)			Approval of test facilities, event and training broadcasting;
f)			To determine the financial contributions.
2.		Media promotion:
a)			Promotion of sales (Section II, Press Office 2004);
b)			Regional aid (Section III-Press FG 2004);
c)			Quality promotion/safeguarding of the future (Section IV Press FG 2004);
d)			Promotion of publications (Section II PubFG);

(5) Where matters pursuant to the preceding paragraphs are not expressly assigned to the competence of a single member or a Senate, the rules of procedure shall be the responsibility of a senate. If, at a later date, the case of a single member is the responsibility of a senate, the proceedings before the Senate shall be continued.

(6) The allocation of responsibilities under administrative criminal proceedings follows the allocation of responsibilities in Section 3 and Section 4 (1).

Law on duty and remuneration

§ 14. (1) By placing an order as a member of KommAustria, a private-legal service relationship with the Federal Government shall be established for the duration of the operating period, provided that no such relationship exists. If a Federal official is appointed a member, he shall be on leave for the period of membership against the removal of the remuneration within the framework of his already existing service. The period of this Karenzurlaubes has to be taken into account for rights that depend on the duration of the service.

(2) The contract law of 1948 (VBG), BGBl, is based on the private-law service relationship according to the first paragraph of this article. No. 86, with the exception of § § 29g to 29i, unless otherwise specified in this federal law. The duty of service as set out in paragraph 1 ends with the deletion of the membership in accordance with § 5 (1).

(3) The Chairperson shall conclude the service contract with the Federal Chancellor for the remaining members of the Chairperson of the Communion. The Federal Chancellor, the Federal Chancellor, is responsible for the Federal Government's function as the Chairman, as opposed to the other members of the chairperson of the Commission.

(4) Fees

1.		the chairman is a fixed monthly salary equal to the salary of a judge of the salary group R3, salary level 6, according to § 66 RStDG;
2.		the chairman-deputy a fixed monthly salary equal to the salary of a judge of the salary group R2, salary level 6, according to § 66 RStDG;
3.		the remaining members a fixed monthly fee equal to the salary of a judge of the salary group R2, salary level 5, according to § 66 RStDG.

(5) With the respective monthly fee, all additional benefits in terms of time and quantity shall be deemed to have been paid off. 13.65% of the fixed monthly fee shall be deemed to be a compensation for additional time-related services.

(6) For members whose existing service has been cared for by the appointment to the member, the previous date of advance shall continue to apply to the extent of the holiday period and to the granting of an anniversary payment. The granting of an anniversary grant in the contractual service shall exclude the granting of such a grant in the carded civil servant service relationship on the same occasion. In the calculation of the duration of the service according to § 24 of the German Civil Service Act (VBG), the periods completed in the carded civil servant service ratio are used.

Control

§ 15. (1) The Federal Chancellor is empowered to discuss all matters relating to: Management and to request all relevant information.

(2) The financial management of KommAustria shall be subject to the audit by the Court of Auditors. "

16. In accordance with § 15, the following section title is inserted together with the section heading:

" 2. Section

Broadcasting and Telekom Regulatory-GmbH "

17. § 16 (1) reads:

"(1) A company with the company" Rundfunk und Telekom Regul-GmbH " (RTR-GmbH) is set up in order to support the KommAustria, the Telekom Control Commission and the Post-Control Commission as well as for the performance of other statutory tasks. The seat of the company is Vienna. Society is not profit-oriented. The company has two managing directors, a managing director for the department of media and a managing director for the department of telecommunications and mail. The managing director for the department of media is appointed by the Federal Chancellor, the Managing Director for the Department of Telecommunications and Post by the Federal Minister for Transport, Innovation and Technology. In the technical affairs of the respective areas, the company is headed by the responsible managing director alone, in the other matters of both business leaders. Any capital increases shall be carried out in agreement between the Federal Chancellor, the Federal Minister for Transport, Innovation and Technology and the Federal Minister of Finance. The shares of the company are reserved for one hundred percent of the federal government. The Federal Chancellor, in agreement with the Federal Minister for Transport, Innovation and Technology, is responsible for the administration of the shares ' rights for the Federal Government. "

18. § 16 (5) reads:

" (5) The Supervisory Board of RTR-GmbH has in each case one expert representative of the Federal Chancellery and the Federal Ministry of Transport, Innovation and Technology, as well as one from the Federal Chancellor and one from the Federal Minister for Transport, Innovation and Innovation Technology to belong to another member. In addition, a member of the Supervisory Board, designated by the General Assembly of KommAustria and a member designated by the Telekom-Control Commission, shall be members of the Supervisory Board. "

19. According to § 16, the following § § 17 and 18 together with the headings are inserted:

" Tasks of RTR-GmbH

§ 17. (1) RTR-GmbH forms the business apparatus of KommAustria in the field of electronic audio media and electronic audio-visual media and the funding administration for media. In doing so, she assists KommAustria under its professional guidance and instruction in the performance of the tasks and goals conferred on KommAustria by law (§ 2). The activities of RTR-GmbH include in particular:

1.		administrative support in administrative procedures and the provision of information to the public on the activities of KommAustria and RTR-GmbH;
2.		professional support in technical, economic and legal matters in the procedures to be carried out by the Commission. In this area RTR-GmbH is responsible in particular for the preparation of technical and economic reports, the carrying out of calculations of the supply capacity and the perturbable potential of transmission capacities, the implementation of quality measurements, the supervision of international coordination procedures and the preparation and evaluation of the results of international conferences;
3.		support in the digitisation of broadcasting in Austria in accordance with the 6th Section of the AMD-G, in particular the organizational support of the Digital Platform Austria, the preparation of the creation and publication of a digitization concept as well as the digitization reports, the creation of technical expert opinions and the carrying out of calculations for the planning of frequencies, the preparation of the invitation to tender for the multiplex platform and the approval procedures;
4.		the technical and administrative support in all matters concerning the administration and the allocation of funding pursuant to § 2 para. 2.

(2) RTR-GmbH forms the business apparatus of the Telekom-Control-Commission. In doing so, it supports the Telekom Control Commission under its technical management and instruction in the performance of the tasks legally conferred on the Telekom-Control Commission (§ 117 TKG 2003) and objectives (§ 1 para. 2 TKG 2003) both by administrative assistance as well as technical assistance in technical, economic and legal matters in the procedures to be followed by the process. The RTR-GmbH is also responsible for informing the public about the activities of the Telekom-Control-Commission and RTR-GmbH.

(3) RTR-GmbH forms the business apparatus of the Post-Control-Commission. In doing so, it supports the Post-Control Commission under its expert guidance in the fulfilment and achievement of the tasks assigned to the Post-Control Commission by law (Section 40 of the Postal Market Act, BGBl. I n ° 123/2009), both through administrative support and technical assistance in economic and legal matters, in the procedures to be followed by the Commission. The RTR-GmbH is also responsible for informing the public about the activities of the Post-Control-Commission and the RTR-GmbH in matters relating to postal services.

(4) The RTR-GmbH is responsible for the tasks assigned to it in accordance with the TKG 2003, the Postal Market Act, BGBl, under the responsibility of the Managing Director for the Telecommunications and Post Office. I n ° 123/2009, according to § 7 ECG, BGBl. I n ° 152/2000, and after the KartG 2005.

(5) The RTR-GmbH is responsible for the tasks assigned to it under the signature law, BGBl, under the responsibility of the managing director for the telecommunication and post office. I No 190/1999.

(6) RTR-GmbH is responsible for the following activities under the responsibility of the Managing Director for the Media Department:

1.		Management and allocation of funds from the digitisation fund;
2.		Management and allocation of funds from the television fund Austria;
3.		management and allocation of funds from the Fund for the Promotion of Non-Commercial Broadcasting;
4.		Management and allocation of funds from the Fund for the Promotion of Private Broadcasting.
The financing of the labour and personnel costs arising from the activities of Z 1 to 4 shall be made exclusively from the funds of the respective funds.

(7) Under the joint responsibility of the two managing directors, RTR-GmbH has the task of setting up and managing a competence centre according to § 20.

Orders and supervision

§ 18. (1) In the course of its activities for KommAustria, RTR-GmbH shall be bound exclusively to the orders and technical instructions of the Chairman and the members.

(2) In the course of its activities for the Telekom Control Commission and the Post-Control Commission, RTR-GmbH shall be solely responsible for the orders and technical instructions of the Chairman or of the in the Rules of Procedure of the Telekom Control Commission as well as the post-Control Commission.

(3) Without prejudice to the rights of the General Assembly and the Supervisory Board in accordance with the GmbH Act, RGBl. No 58/1906, is responsible for the supervision of the activities of RTR-GmbH

1.		insofar as they are concerned with technical and directly related organisational matters in the field of electronic audio media and electronic audio-visual media as well as the support management of KommAustria in the field of media , the chairman of the Commission,
2.		insofar as these are technical and directly related organisational matters in the field of tasks autonomously to be performed by RTR-GmbH in the department of media, the Federal Chancellor;
3.		as far as technical and directly related organisational matters are concerned in the telecommunications and postal sectors, the Federal Minister for Transport, Innovation and Technology.
The respective institution may, in compliance with its supervisory law, issue reasoned instructions to RTR-GmbH; in the case of Z 2 and 3, these shall be given in writing and published.

(4) The institutions referred to in paragraph 3 shall, within the framework of their supervisory rights, be provided by the management of RTR-GmbH with all information necessary for the performance of their tasks and shall transmit the relevant documents.

(5) The Federal Minister of Transport, Innovation and Technology may revoke the appointment to the Managing Director of the Telecommunications and Post Division if he does not comply with his instructions in accordance with paragraph 3, or if he does not provide information pursuant to paragraph 4 of this Article. . The Federal Chancellor may revoke the appointment as Managing Director of the Media Department if he does not comply with the instructions provided for in paragraph 3 or if he does not give an information pursuant to paragraph 4. § 16 of the GmbH-Law, RGBl. No 58/1906, is thereby not affected.

(6) The Federal Minister for Transport, Innovation and Technology has the power to inform himself of all the objects of the management of the Telekom Control Commission, the Postal Council of the Telekom Control Commission as well as the Post Control Commission. "

20. § 19 together with the headline is:

" Transparency and reporting

§ 19. (1) Decisions of KommAustria, RTR-GmbH and the Federal Communications Council shall be published in a suitable manner, taking into account data protection provisions.

(2) KommAustria, the Telekom-Control-Commission and RTR-GmbH have to report annually on their activities and summarize the results in a joint activity report (communication report).

(3) The report shall contain a section in each case:

1.		on the activities of the Commission;
2.		on the activities of the Telekom Control Commission;
3.		on the tasks and activities, the development of personnel and the funds spent by RTR-GmbH, separately by specialist fields;
4.		for the fulfilment of the reporting obligation pursuant to § 34 para. 2 TKG 2003;
5.		on the award of appropriations, including a clearance of accounts
a.			from the digitisation fund;
b.			from the television fund Austria;
c.			from the Fund for the Promotion of Non-Commercial Broadcasting;
d.			from the Fund for the promotion of private broadcasting;
6.		where appropriate, the progress of the work in the field of digitisation (§ 21 AMD-G).

(4) The report shall be submitted annually to the Federal Chancellor and the Federal Minister for Transport, Innovation and Technology by 30 June. The report is to be submitted by the Federal Chancellor, in agreement with the National Council, with regard to matters falling within the competence of the Federal Minister of Transport, Innovation and Technology. The report shall then be published in a suitable manner by RTR-GmbH. "

21. In § 20, paragraph 2 (2) (2) shall be replaced by one point at the end of the indent; paragraph 2 (3) shall not apply.

22. In § 20, the phrase in paragraph 1 shall be followed by the following: "the broadcasting industry" through the phrase "the Media Industry" replaced.

23. In § 20, the success of the word is given in paragraph 4 e "the managing director of the broadcasting and telecommunications departments" through the word success e "the two managing directors" replaced.

The following paragraphs 5 and 6 are added to § 20:

" (5) Activities of RTR-GmbH within the competence centre according to the preceding paragraphs require, insofar as they are related to the duties of KommAustria or the Telekom-Control-Commission, for their implementation of the previous Agreement with the Chairman of the Communion or the Chairman of the Telekom-Control-Commission. The chairpersons are entitled to issue orders to the managing directors in the respective department for the performance of activities within the competence center.

(6) The managing directors shall submit annually to the Supervisory Board a joint annual planning for the activities to be carried out in the framework of the competence centre for approval in respect of the activities referred to in paragraph 4 above. This is to be considered by the Supervisory Board, in particular, for compliance with the principles of economy, economy and expediency. The managing directors have to report regularly to the Supervisory Board about the implementation of the activities in the framework of the Competence Centre. "

25. Before § 21, the following section title is inserted together with the section heading:

" 3. Section

Subsidies "

26. In § 21 (2), the reference "§ § 9b to 9e" by reference "§ § 22 to 25" replaced.

27. In § 22, first sentence, the reference "§ 9a" by reference "§ 21" replaced.

28. In Article 23 (1), the following sentence shall be inserted after the first sentence:

"The drawing up of the guidelines must be carried out in agreement with the KommAustria and the Federal Chancellor."

29. In § 23 (4), the first sentence and the last sentence are deleted.

30. In § 24 (1) Z 3, the paragraph shall be "§ 9b Z 1" through the paragraph "§ 22 Z 1" replaced.

31. The paragraph transcript before § 26 reads:

"Television Fund Austria, objectives, application of the funds"

32. § 26 (1) reads:

" (1) In order to support the production of television films (including television series, series and documentaries), RTR-GmbH is annually 13.5 million euros from the revenues from the fees in accordance with § 3 para. 1 RGG in four equal-to-high partial amounts by 30 March, 30 June, 30 September and 30 December. "

33. In § 26 (2), the word "Television Film Promotion Fund" through the phrase "Television Fund Austria" replaced.

34. In § 26, para. 3, first sentence, the paragraph is "§ § 9g and 9h" through the paragraph "§ § 27 and 28" replaced.

35. In § 26, paragraph 3, last sentence, the paragraph of paragraph "§ § 9f to 9h" through the paragraph "§ § 26 to 28" replaced.

36. § 27 (1) reads:

" (1) For the granting of grants and the drawing up of guidelines, § 23 shall apply, with the proviso that the production of the agreement as well as the right of opinion of the KommAustria shall be dispensed with, § 24 and § 25 shall apply, as far as not in the following Deviating is determined. "

37. In § 27 (3), the phrase "separately according to the categories television film, series and documentation" through the phrase "separated by categories of funding" replaced.

38. In § 27, the previous paragraph 6 receives the title "(8)"; the following paragraphs 6 and 7 shall be inserted:

" (6) By way of derogation from the preceding paragraph, the amount of the aid may, in exceptional cases, be increased to a maximum of 30% of the production budget if the objectives of the support are met to a particular extent, for example by the existence of: an outstanding Austrian employment effect, the implementation of technical innovations in production, or special processing and marketing measures. The RTR-GmbH has to lay down more detailed conditions in the directives; in particular, it is possible to establish the percentage and maximum limits for the increase of the support in the case of compliance with the above criteria. The promotion advertiser shall submit appropriate evidence of the fulfilment of the conditions.

(7) In addition to production costs and beyond the limits laid down in paragraphs 5 and 6, the following measures may be encouraged:

1.		Manufacture of a barrier-free version for hearing or visually impaired persons;
2.		Production of foreign language versions;
3.		Presentation of production at international film festivals, film fairs and competitions.
The promotion is limited with regard to Z 1 at 80%, with regard to Z 2 and 3 with 50% of the actual and proven costs of the measure. The RTR-GmbH has to lay down more detailed conditions in the directives; in particular, it is necessary to establish maximum limits for the measures to be supported. In view of these measures, the promotion must not be made conditional on the need to carry out a certain share of domestic work. "

39. In § 27 (6), the paragraph is to be "§ 9c (4)" through the paragraph "§ 23 (4)" replaced.

40. In § 28 (4), the word "Television Film Promotion Fund" through the phrase "Television Fund Austria" replaced.

41. In § 29 (1) the word order shall be "1 Million" through the phrase "3 million" replaced.

Section 29 (3) reads as follows:

" (3) Only non-commercial broadcasters in accordance with the PrR-G and non-commercial broadcasters under the AMD-G, the audiovisual broadcasting programmes within the meaning of Article I (1) of the Federal Constitutional Law may be financed from the Fund by the Fund. organise the safeguarding of the independence of the broadcasting organisation (organizer), as well as non-profit organizers who are not subject to the Austrian legal jurisdiction, but which are specially designed for Austrian public Broadcast programme. Non-profit organisers are those who are not profit-making and whose programme does not include advertising and which guarantee open access of the general public to the design of broadcasts of their programme. Organisers who are not subject to the Austrian legal liability are excluded from the promotion, which would be excluded from the event by broadcasting pursuant to § 10 sec. 2 Z 4 AMD-G or § 8 Z 4 PrR-G. Within the framework of the training promotion, legal entities of organisers can also be promoted. "

43. In § 30 (1), the first sentence reads:

" In order to promote the diversity of the private broadcasting programs and their content, RTR-GmbH is to transfer 15 million euros annually from the revenues from the fees according to § 3 paragraph 1 RGG, with 50 vH of the funds as of 30 March and 25 vH each of the fees. Funds are to be transferred as of 30 September and 30 December. "

44. In Section 30 (2), the reference "§ 9i para. 2 second sentence" by "§ 29 (2) second sentence" replaced.

Section 30 (3) reads as follows:

(3) From the funds of the private broadcasting fund, radio broadcasters may, according to the PrR-G and broadcaster according to the AMD-G, the audio-visual broadcasting programmes within the meaning of Article I (1) of the Federal Constitutional Law on the protection of the Organizers of the broadcasting organization (organizers) will be supported, as well as organizers who are not subject to Austrian law, but will broadcast a radio programme specially designed for the Austrian public. Organizers are excluded from the promotion within the meaning of section 29 (3) as well as not the organizers subject to the Austrian jurisdiction, which are excluded from the event by broadcasting pursuant to § 10 paragraph 2 Z 4 AMD-G or § 8 Z 4 PrR-G would be. Within the framework of the training promotion, legal entities of organisers can also be promoted. "

46. In Section 30 (4), the phrase "in relation to programmes" through the phrase "with regard to programmes and programmes" replaced. In Section 30 (4) (1), the name shall be: "PrTV-G" by the name "AMD-G" replaced.

47. In Section 30 (2), the paragraph shall be "§ 9i para. 2 second sentence" through the paragraph "§ 29 (2) second sentence" replaced.

48. In Section 30 (3), the paragraph shall be "§ 9i (3)" through the paragraph "§ 29 (3)" replaced.

49. In § 31 (1) and (5) as well as in § 32 (1) and (4) the references "§ 9i and § 9j" by "§ 29 and § 30" replaced.

50. In § 31, para. 7; para. 8 and 9 are given the names "(7)" and "(8)" .

51. In § 32 (1) and (5), the paragraph is to be "§ 9i and § 9j" through the paragraph "§ 29 and § 30" replaced.

52. Before § 34, the following section title is inserted together with section heading:

" 4. Section

Financing of activities "

53. The title of § 34 reads:

"Financing and management of financial resources for the Telecommunications and Post Office, telecommunications industry"

Section 34 (1) reads as follows:

" (1) In order to finance the expenses incurred in the performance of the tasks pursuant to § 17 (2) and (4) and (7) of RTR-GmbH concerning the telecommunications industry, on the one hand financial contributions are used and on the other hand funds from the federal budget serve. The grant from the federal budget of 2 million euros annually is the RTR-GmbH in two equally high partial amounts per 30. Jänner and 30 June. Through the use of these funds, RTR-GmbH shall report annually until 30 April of the following year to the Federal Minister for Transport, Innovation and Technology and to present a closure of the accounts. The total amount of the remaining costs of RTR-GmbH to be provided by financing contributions may not exceed EUR 6 million per year. The above amounts shall be reduced or increased as from 2007 to the extent that the consumer price index published by the Federal Statistical Office (Bundesanstalt Statistik Austria) in 2005 or the index of the previous year which has been replaced by the Federal Statistical Office has changed. "

Section 34 (6) reads as follows:

" (6) The estimated financing contribution of a contributor shall be less than EUR 300 and shall not be subject to a financial contribution by the contributor and shall not be used for the calculation of the contribution. sector-specific overall turnover. This amount shall be reduced and shall be increased from 2012 to the extent that the consumer price index published by the Federal Statistical Office (Bundesanstalt Statistik Austria) in 2005 or the index of the previous year which has been replaced by the Federal Statistical Office has changed. "

56. In § 34 (8), the following sentence shall be inserted after the first sentence:

" At the same time, RTR-GmbH has to publish the turnover threshold, in the course of which it is underwritten (paragraph 1). 6) shall not be subject to any financial contribution. "

57. The following paragraph 15 is added to § 34:

" (15) The RTR-GmbH has to bear the total amount of activity and additional costs of the Telekom-Control-Commission. These costs shall be taken into account when determining the financial contributions to the telecommunications sector. "

58. In accordance with § 34, the following § 34a and heading is inserted:

" Financing and management of financial resources for the Telecommunications and Post Office, postal sector

§ 34a. (1) On the one hand, financing contributions and, on the other hand, funds from the federal budget serve to finance the expenses incurred in the performance of the tasks pursuant to § 17 (3) and (4) relating to the postal sector. The grant from the federal budget of EUR 200 000 per year is the RTR-GmbH in two equally high partial amounts per 30. Jänner and 30 June. Through the use of these funds, RTR-GmbH shall report annually until 30 April of the following year to the Federal Minister for Transport, Innovation and Technology and to present a closure of the accounts. The total amount of the remaining costs of RTR-GmbH to be provided by financing contributions may not exceed EUR 550 000 per year. The above amounts shall be reduced or increase as from 2012 to the extent that the consumer price index published by the Federal Statistical Office in Austria has changed in 2005 or the index of the previous year which has been replaced by its position.

(2) The financial contributions shall be made by the postal sector. The postal sector comprises those postal service providers who are obliged to display postal services in accordance with § 25 of the Postal Market Act or have a concession pursuant to Section 26 of the Postal Market Act.

(3) § 34 (3) to (15) shall apply mutatily, with the post-Control Commission taking the place of the Telekom Control Commission. "

59. The title of § 35 reads as follows:

"Financing and management of funding for the department of media"

60. § 35 (1) to (3) reads:

" (1) For the financing of the expenses incurred in the performance of the tasks pursuant to § 2 (1) Z 1 and 2, Z 4 to 11 as well as (2), the expenses incurred by KommAustria (paragraph 2). 14) as well as the expenses of RTR-GmbH in the Department of Media, arising from the performance of the tasks pursuant to Section 17 (1) (1), (2) and (4) as well as (7), serve on the one hand financial contributions and on the other hand funds from the federal budget. The grant from the federal budget of EUR 1 211 550 per year is the RTR-GmbH in two equally high partial amounts per 30. Jänner and 30 June, and is to be applied from the proceeds of the fees in accordance with § 3 para. 1 RGG. The use of these funds is to be reported by the KommAustria and RTR-GmbH annually until 30 April of the following year to the Federal Chancellor and to submit a closure of the accounts. The total amount of the remaining costs of RTR-GmbH to be provided by financing contributions may not exceed EUR 2 888 450 per year. The above amounts shall be reduced or increase as from 2012 to the extent that the consumer price index published by the Federal Statistical Office in Austria has changed in 2005 or the index of the previous year which has been replaced by its position.

(2) The financial contributions are to be provided by the industry media. The media industry comprises the Austrian Broadcasting Corporation, the broadcasters established in Austria, and the media service providers (contributors), who are obliged to display the media according to the AMD-G.

(3) The financial contributions are to be measured and raised in proportion to the respective turnover of the contribution to the sector-specific total turnover, with the exception of the programme principle (§ 31 ORF-G) all domesised from the event to be used for the calculation of broadcasting and the offering of a media service. "

61. § 35 (5) reads:

" (5) The estimated contribution of a contributor to the contribution shall be less than EUR 235, and shall not be subject to a financial contribution by the latter and shall not be used for the purpose of calculating the amount of the contribution. sector-specific overall turnover. This amount shall be reduced and shall be increased from 2012 to the extent that the consumer price index published by the Federal Statistical Office (Bundesanstalt Statistik Austria) in 2005 or the index of the previous year which has been replaced by the Federal Statistical Office has changed. "

62. In § 35 (7), the following sentence shall be inserted after the first sentence:

" At the same time, RTR-GmbH has to publish the turnover threshold, in the course of which it is underwritten (paragraph 1). 5) shall not be subject to any financial contribution. "

63. In § 35 (12) the word "Broadcasters" by the word "Contributors" replaced.

Section 35 (14) reads as follows:

" (14) For the members working in the KommAustria, RTR-GmbH has to replace the Federal Government with the total cost of the activity, together with additional costs. These costs shall be taken into account when determining the financial contributions for the sector media. "

65. In accordance with § 35, the following section title is inserted together with the section heading:

" 5. Section

Federal Communications Senate "

66. In accordance with § 35, the following § 36 with headline is inserted:

" Setup and tasks

§ 36. (1) The Federal Chancellery of the Federal Communications Senate is set up to control the management of the administrative management of the regulatory tasks pursuant to § 1 para. 1 by the KommAustria.

(2) The Federal Communications Senate decides on legal remedies against decisions of KommAustria in the above mentioned matters (Section 2 (1) Z 1 to 10), with the exception of legal remedies in administrative criminal matters.

(3) The decisions of the Federal Communications Council shall not be subject to the repeal or amendment in the administrative procedure. The appeal of the Administrative Court is admissible against decisions of the Federal Communications Council.

(4) The Federal Communications Council shall be the competent authority in charge of the regulation of electronic audio media and the electronic audio-visual media in relation to KommAustria in matters relating to the procedure. Regulations. Insofar as tasks and rights are assigned as a regulatory authority in the Federal laws of KommAustria in the first instance, these shall also be assigned to the Federal Communications Senate in the context of the performance of its tasks pursuant to paragraphs 1, 2 and 4.

(5) The seat of the Federal Communications Council is Vienna.

(6) The Federal Chancellor shall be empowered to inform himself of all matters relating to the management of the Federal Communications Council. "

67. In accordance with § 38, the following section title and section heading shall be inserted:

" 6. Section

Procedural provisions, conclusion and transitional provisions "

68. In § 39 (1) the second and the third sentence are:

" Appeals against decisions of KommAustria pursuant to § 8 ORF-G, in accordance with § 6b para. 3, § § 11, 12, 15, § 15b para. 4, § 28b para. 2 and 28d para. 4 PrR-G, in accordance with § 6 para. 3, § § 12, 14, 20, 22, 25 para. 5 and 6, § 25a para. 9 and 10, § § 26, 27, 27a and 27b AMD-G as well as in accordance with § 120 TKG 2003 do not have a suspensive effect by way of derogation from § 64 AVG. The Federal Communications Senate may, upon request, grant the suspensive effect in the relevant proceedings if, after consideration of all the interests in contact with the performance of the event or with the exercise of the person's decision, the person concerned has been granted the This would be a serious and irreparable damage to the professional advertiser. "

69. In § 39 (2), before the word order "before the Federal Communications Senate" the phrase "before the KommAustria and" inserted.

70. In Section 39 (3), the phrase "the Federal Communications Senate" through the phrase "the KommAustria" replaced.

71. In § 39, the following paragraph 4 is added:

" (4) In the assessment of alleged violations of the advertising law provisions of § § 34, 37 to 42 and 46 AMD-G as well as of the 3. The section of the ORF Act is to be taken into account in the practice of generally accepted independent self-regulation bodies. Generally recognised self-regulatory bodies shall apply in particular to the broad representation of the professional groups concerned and to provide sufficient transparency with regard to the basis of decision-making, procedures and enforcement of Make decisions. "

72. In accordance with § 39, the following § 40 with headline is inserted:

" Large-scale procedures

§ 40. (1) Where more than 100 persons are likely to be involved in proceedings before one of the regulatory authorities referred to in Article 39 (1), the Authority may make the initiation of the proceedings by Edict.

(2) If the initiation of proceedings has been made known by Edict, this shall result in a person losing his/her position as a party if he does not write his/her concern in writing within a period of six weeks from the date of publication of the Edict to make it credible. Section 42 (3) of the AVG is to be applied mutaly.

(3) The Edict has to contain:

1.		the description of the object of the procedure;
2.		the period referred to in paragraph 2;
3.		the indication of the legal consequences of paragraph 2;
4.		where appropriate, the fact that the procedure is conducted with the assistance of electronic communications channels, and that all the procedures and deliveries in the proceedings are thus made by Edict on the website of the regulatory authority;
5.		where appropriate, the indication that the regulatory authority may also grant access to the file electronically to the parties.

(4) The regulatory authority may request an oral hearing by Edict if the initiation of the proceedings has been made known or is simultaneously made known by Edict. The legal consequences of Section 42 (1) of the AVG apply. Article 44e (1) and (2) of the AVG shall apply.

(5) The Edict for the introduction of the proceedings and the Edict for the presentation of an oral hearing are to be made available on the website of the regulatory authority.

(6) If the initiation of proceedings has been made known by Edict, all the customer's statements and deliveries may be made in the proceedings by Edict on the website of the regulatory authority.

(7) The procedures may be carried out with the assistance of electronic communications channels.

(8) The regulatory authority may also grant access to the file electronically. "

73. § 44 (11) and (12) shall be replaced by the following paragraphs 11 to 14:

" (11) § § 6 and 11 in the version of the Federal Law BGBl. I n ° 134/2009 will be 1. Jänner 2010 in force.

(12) § § 1 to 16, § 17 para. 1 to 2 and 4 to 6, § § 18 to 34, § § 35 to 43 and 46 as well as all section designations, section headings, paragraph names and paragraph titles in the version of the Federal Law BGBl. I No 50/2010 will be 1. October 2010, in force.

(13) (constitutional provision) § 3 (3) in the version of the Federal Law BGBl. I n ° 50/2010 shall enter into force 1. October 2010, in force.

(14) § 17 para. 3, § 34a and the headline as well as the title of § 34 in the version of the Federal Law BGBl. I No 50/2010 will be 1. Jänner 2011 in force. "

74. In § 45 (1), after the reference "§ 10a (14)" the phrase " in the version of the Federal Law BGBl. I No 21/2005 " inserted.

75. In § 45 (3), after the references "§ 10 (6)" , "§ 10a (5)" , "§ 10a" , and "§ 10a (7)" each one blank and the word sequence " in the version of the Federal Law BGBl. I No 21/2005 " inserted.

(76) In § 45, the following paragraphs 5 to 10 are added:

" (5) Die for the admission of the activity of KommAustria in its through the novella BGBl. I n ° 50/2010 changed organizational structure necessary organisational and personnel measures can already be implemented before the entry into force of the Federal Law BGBl. I No 50/2010. The preparatory measures must be taken by the Federal Chancellor.

(6) The operating period of the most recent according to § 4 in the version of the Federal Law BGBl. I n ° 9/2006, the Broadcasting Advisory Board terminates with the entry into force of the Federal Law BGBl. I No 50/2010.

(7) At the time of the entry into force of the Federal Law BGBl. I n ° 50/2010 before the KommAustria proceedings, including the advertising observation, are in accordance with the provisions of § § 2 to 13 in the version of the Federal Law BGBl. I No 50/2010. Proceedings pending before the Federal Communications Senate at this point in time shall be in accordance with this Federal Law in the version BGBl. I n ° 134/2009 from the Commission. The same applies if BGBl is against a communication from the Federal Communications Council at the time of the entry into force of the Federal Act. I No 50/2010 before the Constitutional Court or the Verwaltungsgerichtshof (Verwaltungsgerichtshof) a complaint procedure is pending and the decision is annulled.

(8) By way of derogation from Section 29 (1), as amended by the Federal Law BGBl. I n ° 50/2010 the RTR-GmbH is to transfer 2 million euros in 2011 and 2.5 million euros in 2012. By way of derogation from § 30 (1) in the version of the Federal Law BGBl. I n ° 50/2010, RTR-GmbH is to transfer EUR 10 million in 2011 and 12.5 million euros in 2012.

(9) By way of derogation from Section 10a (1), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 134/2009 and by way of derogation from § 35 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 50/2010 applies to 2010 that the RTR-GmbH as a whole is to be transferred from the federal budget to the amount of EUR 797 775 and that the total amount of the remaining costs of the RTR-GmbH to be provided by financing contributions 2 202 225 Euro shall not be allowed to exceed After the proclamation of the Federal Law BGBl. I n ° 50/2010 the RTR-GmbH has the amount of difference between the already pursuant to § 10a (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 134/2009 and the appropriations to be made available under the above sentence from the federal budget. At the time of the entry into force of the Federal Law BGBl. I n ° 50/2010, the RTR-GmbH also has to redefine the industry-specific effort, taking into account this paragraph, and under the appropriate application of the provisions of § 35 in the version of the Federal Law BGBl. I No 50/2010 to redefine the financial contributions. Credits and additional claims must be taken into account in one of the following prescriptions. By way of derogation from § 35 (5) in the version of the Federal Law BGBl. I No 50/2010 shall be subject to a sum of EUR 215 for the year 2010.

(10) The Threshold Regulation Telecommunications 2004-SVO-TK 2004 of 1 March 2004, made publicly available on the website of RTR-GmbH, the threshold regulation Telecommunications 2005-SVO-TK 2005, made known in the Official Journal on 22 March 2005 to the Wiener Zeitung, the 2nd threshold regulation Telecommunications 2005-2. SVO-TK 2005, announced on May 31, 2005 in the official journal of the Wiener Zeitung, as well as the threshold regulation telecommunications 2006-SVO-TK 2006, made known on March 7, 2006 by edition to be viewed by the RTR-GmbH, will be repealed. Contributors that would have the financial contribution below EUR 300 in 2004 did not contribute to the financing of the 2004 financial year and will not contribute to their turnover in the calculation of the sector-specific Total turnover of the year 2004. Contributors to which the financing contribution would have fallen below EUR 290 in the years 2005 to 2010 are not to be used for the performance of the financial contribution and their turnover in the year in question shall not be used for the financial contribution. the calculation of the sector-specific total turnover. "

§ 46 Second sentence reads:

" The enforcement of § 21 para. 1 first sentence, § 26 para. 1 first sentence, § 29 para. 1 first sentence, § 30 para. 1 first sentence, § 33 para. 1 first sentence, § 34 para. 1 second sentence, § 34a para. 1 second sentence, and § 35 para. 1 second sentence is the responsibility of the Federal Minister for finance. "

Article 3

Amendment of the Telecommunications Act 2003

The Telecommunications Act 2003, BGBl. I n ° 70, as last amended by the Federal Law BGBl. I n ° 65/2009, shall be amended as follows:

1. In § 34 (2), the second sentence reads:

"It has to report annually in the context of the communication report (§ 19 KOG) to what extent the objectives of § 1 (2) have been achieved and what changes have been made in comparison with previous years."

2. § 37 (3) reads:

" (3) If, on the basis of the procedure, the regulatory authority finds that there is effective competition on the relevant market and thus no company has significant market market, it may, with the exception of section 47 (2), not be able to: imposing obligations pursuant to paragraph 2 of this Article, and the regulatory authority shall, by means of a communication, determine that there is effective competition on the relevant market. If there are any specific obligations on this market for companies, they will be repealed with notice. This communication shall also fix a reasonable period of six months which shall not exceed the date of the repeal of the effective date of the repeal. "

3. The following paragraphs 8 to 11 are added to § 37:

" (8) The party in the market analysis procedure shall, in any event, be the undertaking which maintains, imposes, amends or repeals specific obligations.

(9) Parties in the market analysis procedure in accordance with § 40 KOG are also those who have made their concern credible in accordance with Section 40 (2) of the KOG.

(10) § 40 sec. 3 Z 1 KOG shall apply with the proviso that the Edict shall contain the description of the market defined in the Regulation pursuant to section 36 (1) and to be analyzed in the procedure under consideration.

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

(4) The following paragraphs 5 to 8 shall be added to Article 91:

" (5) If the regulatory authority finds that the deficiencies which have been initiated on the basis of the supervisory procedure are in fact not available, or within the time-limit set, it shall inform the Commission that the deficiencies are not, or are not, are no longer given.

(6) In any case, the party in the supervisory procedure shall be the undertaking in which the regulatory authority has evidence in accordance with paragraph 1.

(7) Parties in the supervisory procedure in accordance with § 40 of the KOG are also those who have made their concern credible in accordance with Section 40 (2) of the KOG. Section 40 (2) of the KOG shall apply with the proviso that a period of one month shall apply to the supervisory procedures in accordance with Section 91.

(8) § 40 para. 3 Z 1 KOG shall apply with the proviso that the Edict shall contain the description of those indications which led to the initiation of the supervisory procedure. "

5. In § 137, the previous text receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) § § 34, 37 and 91 in the version of the Federal Law BGBl. I No 50/2010 will be 1. October 2010, in force. "

Article 4

Amendment of the Verwertungssocieties Act 2006

The Verwertungssocieties Act 2006, BGBl. I n ° 9, as last amended by the Federal Law BGBl. I n ° 1/2010, shall be amended as follows:

1. In § 7 para. 5, second sentence, and in § 13 para. 4, first sentence, the word order shall be "the Federal Chancellor" in each case by the word sequence "the Federal Minister for Justice" replaced.

2. In § 28, the previous paragraph 3 is given the title "(4)" ; (1) to (3) reads:

" (1) As a supervisory authority in the sense of this law, the supervisory authority for collecting societies shall be established at the Federal Ministry of Justice. The supervisory authority shall consist of a head of the authority, his deputy and a staff member for the management of the law firms.

(2) The appointment of the Head of the Authority shall be preceded by an invitation to tender for the general application in accordance with Section 3 of the German Procurement Law for 1989.

(3) The Supervisory Authority shall be a subordinate authority of the Federal Ministry of Justice. All of the Authority's experience has to be done under the name of "supervisory authority for collecting societies".

3. The following final sentence is added to Article 28 (4):

"The Federal Minister of Justice can also entrust the employees of the supervisory authority with further tasks in a substantive context, insofar as this does not affect the performance of the above tasks of the supervisory authority."

4. The following sentence is added to section 32 (3):

"The fee shall be paid in accordance with the rules applicable to the application of judicial and judicial administrative charges."

(5) The following paragraph 3 is added to § 40:

" (3) § § 7, 13, 28, 32, 44 and 45 together with transcripts in the version of the Federal Law BGBl. I No 50/2010 will be 1. October 2010, in force. "

6. § 44 shall be entitled to the following heading:

"Transitional provisions and pending procedures"

7. The following paragraphs 3 to 5 are added to § 44:

" (3) At the time of the entry into force of the Federal Law BGBl. I n ° 50/2010 in the case of KommAustria as the supervisory authority for collecting societies, proceedings are pending by the supervisory authority in accordance with § 28 in the version of the Federal Law BGBl. I No 50/2010.

(4) Those at the time of the entry into force of the Federal Law BGBl. I n ° 50/2010 in the case of KommAustria mainly with the performance of the tasks of the supervisory authority for collecting societies, employees are members with the entry into force of the Federal Law BGBl. I No 50/2010 of the Supervisory Authority in accordance with § 28. With the entry into force of the Federal Law BGBl, the former deputy of the head of the public authority of KommAustria will be. I n ° 50/2010 to the head of the supervisory authority, the other staff member of KommAustria to his deputy.

(5) The amount of the total financing pursuant to section 7 (5) is measured until a new regulation is issued by the Federal Minister of Justice in accordance with the Federal Chancellor's Regulation of 22 June 2006 on the overall financing of the Supervisory Authority after 2006, BGBl, the law on recycling. II No 236/2006. "

8. § 45 together with headline reads:

" Enforcement

§ 45. With the enforcement of this federal law, the Federal Minister of Finance and the Federal Minister of Justice are entrusted with the task of § 39. "

Article 5

Amendment of the ORF Act

The ORF Act, BGBl. I n ° 83/2001, as last amended by the Federal Law BGBl. I n ° 102/2007 and the Federal Ministries Act of 2009, BGBl. I No 3, shall be amended as follows:

1. The name of the first section is:

"Establish and public service contract of the Austrian Broadcasting"

2. In § 1 para. 2, first sentence, the word "public law" by the word "Public law" § 1 para. 2 second sentence reads:

"The public service contract comprises the orders of § § 3 to 5."

(3) The following paragraph 5 is added to § 1:

"(5) All personal designations used in this Federal Act shall apply equally to persons of both female and male sex."

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

" Definitions

§ 1a. For the purposes of this Act,

1.		"audiovisual media service" means one under the editorial responsibility of the Österreichischer Rundfunk or one of its subsidiaries by means of communication networks (§ 3 Z 11 TKG 2003, BGBl. 70), the main purpose of which is to provide broadcasts for the provision of information, entertainment or education of the general public;
2.		"television programme" means an audiovisual media service which is provided for the simultaneous reception of broadcasts on the basis of a transmission plan;
3.		"radio programme" means a service provided under the editorial responsibility of the Austrian Broadcasting Service, which is provided for the simultaneous reception of radio broadcasts on the basis of a transmission plan;
4.		"on-demand service" means an audiovisual media service provided for the reception of broadcasts from a set catalogue on the date chosen by the user and on the individual call-up thereof;
5.		"broadcast"
a)			in television programmes and on-demand services, a single, self-contained and temporally limited sequence of moving images with or without sound, which, in the case of television programmes, form part of a broadcasting plan or, in the case of a catalogue, of a catalogue of services, is;
b)			in radio programmes, a single component of the programme, which is closed in itself and is limited in time;
6.		"commercial communication" means any statement, mention or presentation which:
a)			the direct or indirect promotion of the sale of goods and services or of the image of natural or legal persons engaged in economic activity; or
b)			the support of a thing or idea
		, a consignment or an offer against payment or a similar consideration or in the case of the lit. a is attached or contained in a personal advertisement. In any case, commercial communication includes product placement, the presentation of production aids of insignificant value, sponsorship instructions and also advertising according to Z 8;
7.		"creeping advertising" means the mention or presentation of goods, services, names, trade marks or activities of a producer of goods or of a provider of services, if it is provided by the Austrian Broadcasting Corporation or by one of its suppliers. Subsidiaries are intentionally intended for advertising purposes and may mislead the general public with regard to the actual purpose of this mention or presentation. A reference or presentation shall be deemed to be intended, in particular, if it is in return for payment or for a similar consideration;
8.		"Television or radio advertising (advertising)"
a)			any expression in the exercise of a trade, trade, craft or profession, which is sent in return for payment or for a similar consideration or as self-promotion, with the aim of selling goods or providing services, including immovable property, rights and obligations to promote remuneration, or
b)			any statement in support of a case or idea which is sent against payment or similar consideration;
9.		"teleshopping" means, in television programmes, direct offers to the public for the sale of goods or the provision of services, including immovable property, rights and obligations against payment;
10.		"product placement" means any form of commercial communication which consists in incorporating or referring to a product, service or trade mark against payment or similar consideration in a consignment, such that: they appear within a broadcast. The free provision of goods or services such as production aids or prices shall not be considered as product placement, as long as the goods or services in question are of insignificant value.
11.		Sponsorship, if a public or private undertaking not acting in the field of the provision of audiovisual media services, in the production of audiovisual works or radio or radio programmes or broadcasts contributes to the the financing of such works with the aim of promoting the name, the brand, the appearance, the activity or the performance of the company. "

5. § 2 (1) reads:

" (1) The corporate object of the Austrian Broadcasting Corporation shall be included, unless otherwise specified in this Federal Act,

1.		the event of broadcasting,
2.		the event of Teletext related to the activity after Z 1 and the provision of online offers related to the activity according to Z 1,
3.		the operation of technical equipment necessary for the broadcasting of radio and teletext or the provision of online services,
4.		all transactions and measures necessary for the activities of Z 1 to 3 or the placing on the market of those activities. '

6. § 2 (3) reads:

" (3) The provisions of this Federal Act shall apply to the activities of subsidiaries of the Austrian Broadcasting Corporation and of companies affiliated with it, unless otherwise expressly stated otherwise. The provisions of Sections 27, 39 to 39c and 40 (1) to (4) and (6) shall not apply to subsidiaries or affiliated companies which do not carry out activities which are governed by the public service contract. "

7. In § 3 (4) the word shall be: "Private Television Act" by the word "Audiovisual Media Services Act" replaced.

8. In accordance with § 3 (4), the following paragraph 4a is inserted:

" (4a) The Austrian Broadcasting Corporation may, in accordance with technical development and economic viability, provide the programmes referred to in points (1) (1) and (2) and (8) at the same time as broadcasting without any possibility of storage online. It can also provide these programs up to 24 hours in a time-offset manner without any storage possibilities online. The beginning and the end of the simultaneous and timely provision of such a programme shall be notified to the regulatory authority. The provision can only be made unchanged. Excluded from this are the emission gaps which are necessary for legal reasons or which are caused by the omission of commercial communication. Such emission gaps can be closed by repetition of program elements, which have been broadcast in the same program within the last 24 hours. A replacement of radiation gaps by commercial communication is inadmissible. "

Section 3 (5) reads as follows:

" (5) The supply contract also includes:

1.		the organisation of broadcasting programmes referred to in paragraph 1 and (8) in connection with teletext, and
2.		the provision of online offers in connection with broadcasting programs pursuant to section (1) and (8) in accordance with § 4e and § 4f. "

10. In § 3 (6), the word order is deleted "and a sufficient online service (§ 2 para. 1 Z 2)" .

(11) The following sentence shall be added to Article 3 (6) and (7):

"The beginning and the end of the event of such a programme shall be notified to the regulatory authority."

Article 3 (8) reads as follows:

"(8) The supply contract also includes the event of a sports-saving programme in accordance with § 4b, an information and culture-saving programme in accordance with § 4c as well as the broadcasting of a television programme in accordance with § 4d."

13. The title of § 4 reads:

"Public-legal core order"

14. The subsection of Section 4 (1) reads as follows:

"The Austrian Broadcasting Corporation has to ensure, through the totality of its programmes and offers distributed in accordance with Section 3:"

The following final sentence shall be added to Article 4 (1):

" The Austrian Broadcasting Corporation has, in so far as individual orders have been transferred to the division programs in accordance with § § 4b to 4d, to carry out these tasks also within the scope of the programmes according to § 3 paragraph 1; the core public service contract remains through the Savings programmes shall not be affected in this respect. "

16. § 4 (1) Z 14 reads:

" 14.		information on issues of health and nature, environment and consumer protection, taking into account the promotion of understanding of the principles of sustainability. "

16a. In § 4 (1) Z 18, the point shall be replaced by a stroke; the following Z 19 shall be added:

" 19.		the appropriate consideration and promotion of social and humanitarian activities, including awareness-raising on the integration of disabled people in society and the labour market. "

16b. In § 4 (2), the following sentence is added:

"The shares in the overall programme have to be proportionate to each other."

17. In § 4 para. 4, first sentence, after the word "Shipments" the phrase "and offers" inserted and in the second sentence after the word order "Radio and television programmes" the phrase "as well as other offers" ; in the second sentence, the word sequence shall also be deleted "and broadcast" .

18. In § 4 (5), after the word "Shipments" the phrase "and offers" inserted.

19. In accordance with Article 4 (5), the following paragraph 5a is inserted:

" (5a) Within the framework of the programmes disseminated in accordance with § 3, appropriate shares are to be produced in the people's group languages of those ethnic groups for which a ethnic group advisory council exists. The offers disseminated in accordance with § 3 paragraph 5 Z 2 shall also include shares in these languages. The extent of the programme and offer shares shall be determined in the respective annual reporting scheme or annual offer scheme after consultation of the audience council. "

19a. The following paragraph 8 is added to § 4:

" (8) In agreement with the editorial committee (Section 33 (7)), the Director-General has to draw up a code of conduct for journalistic activity in the design of the content offer in accordance with the principles set out in § 32 (1). Consideration shall be given, in particular, to the above paragraphs and to the provisions of Section 10 (1) to (12), taking into account the jurisprudence which has been established in this regard. The Code of Conduct shall be regularly reviewed and, where appropriate, adapted to its suitability. The Code of Conduct requires the approval of the Audience Council and the Board of Trustees and is to be published on the website of the Austrian Broadcasting Company. In addition, the Austrian Broadcasting Corporation has to provide for more detailed procedures, including contact points, to ensure compliance with the Code of Conduct. "

20. Before § 5, the following § § 4a to 4g shall be inserted together with the headings:

" Quality Assurance System

§ 4a. (1) The Director-General shall draw up a quality system which shall, in particular, take account of the independence and self-responsibility of all members of the programme-making staff, the freedom of the journalistic profession and the independence and self-responsibility of the directors and country directors define criteria and procedures to ensure the fulfilment of the public service core order issued in accordance with § 4.

(2) The quality assurance system shall require the approval of the Board of Trustees. In order to assess the overall performance of the quality assurance system on the basis of the annual report submitted, in particular whether the quality criteria have been met in the main concerns, a Director-General with the agreement of the Council of Trustees to attract experts to the Board of Trustees. The expert has to be a person outside the company, must have the appropriate professional qualifications and experience, and is not bound by instructions and orders in the exercise of the function. For the reimbursement of recommendations on the quality assurance system (§ 30 para. 1 Z 7), a standing committee of the audience council must be formed (quality committee). The Council of Public Affairs has to justify its recommendations.

(3) In order to ensure the balance of the content supply (§ 4 (1) to (3)) and the decision-making related to it for the long-term programme plans as well as the annual transmission schemes, in addition to the development of qualitative criteria, it is also possible to: the quantitative aspects of the shares in the relevant television and radio spectrum, which are to be attributed to the individual programme categories, part of the quality assurance system. For this purpose, the Austrian Broadcasting Corporation has to carry out a programme structure analysis for the television and radio programme, with the categorisation of the broadcasts and the classification used in the categories of the report used for the preparation of the report in accordance with § 7. The program coding system is to be assumed. The ORF broadcasting scheme for television and radio is to be used for the definition of these shares. For these shares, taking into account external factors, such as the development of the audience shares and the competitive situation, the predictability of particular factors affecting programme and offer planning and design, The main topics, or the forecasts of further economic development, fluctuation widths of up to +/-5 percentage points for a programme part to be reached on average for four years are defined. In any case, it is also possible to take care of the audience's interests and needs in this definition.

(4) The quality assurance system for television, radio and online has, in qualitative terms, also substantiated statements on the objectives of the unmistakability of the content and the appearance formulated in the core public service contract (§ 4 para. 3), the generally demanding design of the consignment in the main program (§ 4 para. 3) and the high quality in the fields of information, culture and science (§ 4 para. 4) to include.

(5) Within the framework of the quality assurance system, continuous representative and qualitative public monitoring also includes the satisfaction of the audience with the help of external experts from the respective fields. Check the program and content offering. In order to prepare and regularly revise the criteria for ensuring balance and to take into account the diversity of the interests of the listeners and seers (Section 4 (2)), the results are regularly carried out on a regular basis. Representative participant surveys conducted by the Austrian Broadcasting Corporation or its subsidiaries independent, recognised market research institutes or on representative studies and surveys of subject-specific institutions .

(6) The criteria and procedures developed by the Austrian Broadcasting Corporation are to be reviewed by the Austrian Broadcasting Corporation at least annually for their suitability (Section 4 (3)) and, where appropriate, to be adapted.

(7) The quality system introduced in accordance with the principles of this provision, as well as the studies and participant surveys and the decisions of the Foundation Board and the Council of Trustees, which have been prepared for this purpose, are available on the website of the To make Austrian broadcasting easily, directly and permanently accessible to the extent that this is legally possible and thus the unauthorised company interests of the Austrian Broadcasting Company are impaired.

(8) On the basis of a complaint pursuant to Article 36 (1) (1) (1), the regulatory authority must verify compliance with the procedure for the preparation and revision of the quality system and determine whether and by what facts against the , and may, in the event of a breach, grant contracts to comply with the procedure in question. In any case, a review by the regulatory authority shall take place every two years.

Special Order for a Sport-Spartenprogramm

§ 4b. (1) The Austrian Broadcasting Corporation shall, in accordance with economic viability, organise a television programme which shall include, in particular, current reporting on sports and sports competitions, including the broadcasting of: Transfers of sports applications, which usually do not have a broad scope in the Austrian media coverage. In this programme, the Austrian Broadcasting Corporation has in particular:

1.		to provide the population with comprehensive information on sporting issues (Section 4 (1) (1) (1));
2.		to promote the interest of the population in active sporting activities (Article 4 (1) (15));
3.		promote the understanding of the audience for lesser known sports and their exercise rules;
4.		to report on sports and competitions, which are also of interest from the point of view of grassroots sport;
5.		take account of regional sporting events;
6.		report on health-related aspects of sport and the dangers of doping;
7.		to transfer sports competitions if such a transfer is a prerequisite for an event of sports applications in Austria or for the entry of Austrian athletes or sports teams in international competitions, and such a transfer is Transmission by other broadcasters whose programmes are receivable in Austria is not to be expected.
It is mainly to report on sports and competitions that are carried out or organized in Austria or where Austrian athletes or crews participate.

(2) The programme is to be disseminated via satellite and can be disseminated via digital terrestrial multiplex platforms. § 25 sec. 2 Z 2 AMD-G remains unaffected. § 20 para. 1 AMD-G is to be applied. For the calculation of the duration of the maximum daily advertising time, the number of program hours broadcast daily is to be multiplied by 1 minute and 45 seconds. Within a full hour, the proportion of television advertising may not exceed 20 vH. Under hours, the 24 equal parts of a calendar day are to be understood.

(3) Where a further programme is disseminated on the same channel, it shall be ensured that there is clear distinctness, in particular by means of permanent identification.

(4) Sports competitions, which are widely used in Austrian media coverage (premium sports competitions), must not be shown in the sport-saving programme. These sports applications include in particular:

1.		Application of the top Austrian national men's professional football league, in so far as it is not an application of the junior classes;
2.		Application of European Cross-Border Men's Professional Football leagues and Cup competitions, as well as competitions of men's professional football World and European Championships, unless they are rated by the junior classes or by a small number of qualifiers. public interest;
3.		Application the Alpine or Nordic Ski World Cup and the competitions of Alpine or Nordic Ski World Championships;
4.		Application of Olympic Summer and Winter Games, unless, exceptionally, this application does not have a broad scope in Austrian media coverage;
5.		Rate of application of formula 1.
It is permissible to broadcast the sports competition mentioned in the first sentence at an appropriate time for the application, which will result in the qualification being no longer a premium sports competition.

(5) An offer concept (§ 5a) is to be drawn up for the Sport-Spartenprogramm.

Special order for an information and culture-saving programme

§ 4c. (1) The Austrian Broadcasting Corporation has to organise a television programme, in accordance with economic viability, in particular through information, discussion, document arsenals, magazines and transfers of cultural events. Specifically the fulfillment of the orders according to § 4 (1) Z 1 to 7, 13, 14, 16 and 17 serves and includes a comprehensive range of broadcasts with information or educational character as well as cultural broadcasts. The program has to consist of demanding content (§ 4 para. 3) and to show high quality (§ 4 para. 4). The programme is intended to take into account, in particular, current topics and serve as a transmission platform for broadcasts which have already been broadcast in the programmes according to § 3 paragraph 1. The programme will focus on issues related to Austria as well as with European and international issues.

(2) The programme is to be disseminated via satellite and can be disseminated via digital terrestrial multiplex platforms. § 25 sec. 2 Z 2 AMD-G remains unaffected. § 20 para. 1 AMD-G is to be applied. The regulations governing the preliminary examination of the order (§ § 6 to 6b) apply to this programme. For the calculation of the duration of the maximum daily advertising time, the number of program hours broadcast daily is to be multiplied by 1 minute and 45 seconds. Within a full hour, the proportion of television advertising may not exceed 20 vH. Under hours, the 24 equal parts of a calendar day are to be understood.

(3) Where a further programme is disseminated on the same channel, it shall be ensured that there is clear distinctness, in particular by means of permanent identification.

(4) Prior to the initial broadcast of the information and culture-saving programme, an order preliminary examination (§ § 6 to 6b) shall be carried out.

Broadcasting a television programme for the European public

§ 4d. Whereas, in the light of the technical development and economic viability of one of its two television programmes, organised pursuant to Article 3 (1) (2), the Austrian Broadcasting Corporation has specifically intended to emit satellite television for Europe-wide reception; if this programme consists primarily of information, education and cultural programmes, as well as ambitious amusements, and is suitable for presenting Austria in Europe. The Austrian Broadcasting Corporation, with the exception of advertisements, may conclude broadcasting gaps resulting from legal reasons by broadcasting broadcasts of the other television programme organized in accordance with § 3 (1) (2) (2) (2) (2) (2) and (2) of the broadcasting regulations, which have already been broadcast in the programmes pursuant to § 3 (1) or (8). These broadcasts are intended to include information about Austria, or to reflect Austrian culture, language, history or Austrian social life.

Special order for an online offer

§ 4e. (1) In order to comply with the public service core contract (§ 4), the Austrian Broadcasting Corporation also has to provide an online offer, including, in particular, content accompanying and in direct connection with its broadcasting programs. has been included. This online offer has to be included in terms of technical development and economic viability:

1.		Information on the Austrian Broadcasting Corporation and its programmes and offers provided pursuant to § 3;
2.		a daily current review (par. 2);
3.		the monitoring of the broadcasts broadcast in the programmes referred to in § 3 (1) and (8) (content accompanying the transmission; paragraph 3) and
4.		a retrieval service for the broadcasts broadcast in the programmes pursuant to § 3 (1) and (8) (par. 4).

(2) The Overvision Reporting (par. 1 Z 2) consists of text and image and can include individual supplementary audio, audio-visual and interactive elements as well as podcasts (audio and video). It refers to the most important daily events in the fields of politics, economics, chronicle, weather, culture, science, sports, ethnic groups and religion at the international, European, and federal level. The individual elements of the reporting are to be provided only for the duration of their topicality, but at the latest seven days from provision for retrieval via the platform of the Austrian Broadcasting Broadcasting. The provision of older reporting elements that are directly related to current reporting is permitted for the duration of the publication of the current reports. The reporting should not be in-depth and in its overall presentation and design not be comparable to the online offer of daily or weekly newspapers or monthly magazines, and should not include a news archive. Separate survey coverage at the federal state level is permitted, but can be limited to up to 80 daily registrations per state per calendar week. Updates to daily reports in the course of the day do not count as new daily reports. Local reporting is only permitted within the framework of federal and country reporting, and only as far as local events are of nationwide interest or in the case of country coverage of nationwide interest. Extensive local reporting is not permitted.

(3) Content accompanying content (par. 1 Z 3) are:

1.		information about the consignment itself and the persons involved in it, as well as related programmes, including audio and audio-visual offerings and complementary interactive elements, as well as podcasts (audio and video), and
2.		Information to support the explanation and deepening of the content of the broadcast, including audio and audio-visual offerings and complementary interactive elements, as well as podcasts (audio and video), to the extent that they are available for the respective radio or audio-visual radio or audio-visual radio or video. Television programme or Available materials and sources are used, and this offer is thematically and in terms of content the radio or television programme in support of deepening and supporting.
Content accompanying content shall be designated by indicating the designation and the date of the broadcast of the radio or television broadcast which they accompany. Offers accompanying the shipment must not constitute an independent offer which is detached from the specific radio or television programme, and must not correspond to the online offer of newspapers and magazines according to overall design and content; in particular shall not be free from the accompaniment of specific radio or television broadcasts, in the fields of politics, economics, chronicles, culture and science (including technology), sport, fashion and Social reporting is provided. Content accompanying the shipment according to Z 2 may only be provided for a period of time appropriate to the respective format of the shipment, which shall be at least 30 days after the broadcast of the broadcast or broadcast. in the case of broadcasting, 30 days after the last part of the series of broadcasting stations has been broadcast. The provision of content-accompanying content within a reasonable period of time prior to the broadcast of the respective consignment is permissible, provided that the specific shipment reference is maintained.

(4) The retrieval service referred to in paragraph 1 (1) (4) comprises only broadcasts (including radio) produced by the Österreichischer Rundfunk itself or on its behalf, whether in cooperation with third parties. Appropriate indexation is to be ensured. The provision for retrieval has no storage possibility (excluding podcasts) and for a period of up to seven days after broadcasting, in the case of sports applications within the meaning of § 4b para. 4 up to 24 hours after broadcast. Archives with historical and cultural history content may be subject to the terms of the offer concept (paragraph 1). 5) will also be provided for retrieval in time for retrieval. Advance notice of shipments within the scope of the call-up service shall be permitted within a reasonable period of time prior to broadcast in the programmes pursuant to § 3 (1) and (8).

(5) The online offer pursuant to paragraphs 1 to 4 may not be made available until after the preparation of an offer concept (§ 5a) and shall not be subject to an order pre-examination. If the conditions of § 6 are fulfilled by the commercial exploitation of the offers pursuant to paragraph 1, an order preliminary examination (§ § 6 to 6b) shall be carried out.

Provision of additional online offers

§ 4f. (1) The Austrian Broadcasting Corporation has, in accordance with technical development and economic viability, to provide further online offers beyond the offer according to § 4e, which offer an effective contribution to the performance of the Core public service (§ 4). This includes retrieval services. Such offers may only be provided after the preparation of an offer concept (§ 5a); if the requirements of § 6 are fulfilled, an order pre-examination (§ § 6 to 6b) must be carried out.

(2) The following online offers may not be provided under the public service contract:

1.		Ad portals, ads, or classifiable ads,
2.		industry registers and directories,
3.		Price comparison portals as well as calculation programs (e.g. Price calculator, insurance calculator),
4.		Assessment portals for services, facilities and products, where there is no reference to a specific programme or to a specific offer content,
5.		Partner, contact and job boards,
6.		exchange exchanges, provided that they do not serve charitable purposes,
7.		business networks,
8.		Telecommunications services (including Access Providing),
9.		Erotic offers,
10.		Billing for third parties (excluding the Group companies of the Austrian Broadcasting Company),
11.		gambling and betting,
12.		software offers, unless necessary for the performance of their own offer,
13.		Route planner, except in the context of traffic information,
14.		Music download from commercial foreign productions,
15.		Games and entertainment, provided that they do not have a connection to the core contract of public law beyond § 4 (1) Z 8 ORF-G; in any case, games and entertainment offers which do not have a transmission or offer reference , have
16.		SMS services, other than those relating to its own programme or offer, or which are accompanying the transmission within the meaning of Section 4e (3) of this Directive,
17.		search services other than those related to their own programmes or offers;
18.		online auctions, excluding non-commercial auctions for charitable purposes;
19.		E-commerce and e-banking;
20.		Ringtones and E-Cards;
21.		Photodownload without reference;
22.		Calendar of events, in so far as they do not accompany offers according to § 4e (1) and § 4f (1) and (1) do not constitute a comprehensive and independent offer;
23.		Forums, chats and other offers for the publication of content by users; however, it is permissible to use editorial, non-permanent offers for the transmission or publication of content by users in terms of content Television or radio programs broadcast throughout Austria. To publish user content in such offers, registration of the user with the name of the first and last name and the residential address are required. The registration is only permitted if the user has expressly consented to the use of his data without compulsion and with knowledge of the facts of the case. The Austrian Broadcasting Corporation has to request users with reasonable suspicion of incorrect registration information to prove the accuracy of the information within a reasonable period of time in the event of any other deletion of the registration profile, and users with clearly to exclude incorrect information from the outset from the registration. The data transmitted during registration may not be used for any purpose beyond the registration. At the request of the user, all data, including the registration profile, must be deleted;
24.		Links which do not serve to supplement, deepen or explain a self-content (including of participating companies); these may not directly lead to the purchase requirements;
25.		social networks as well as links to and other collaborations with these, except in connection with the own daily current online-oversight reporting;
26.		Subject and target group offers that go beyond a non-specified offer of general interest in terms of form and content, in so far as these are not offered by the sending of a shipment; at any rate, tenders are admissible for charitable purposes;
27.		Non-shipment advice portals;
28.		offers specially designed for mobile devices.

Trial operation

§ 4g. (1) Insofar as this federal law provides for an order preliminary examination (§ § 6 to 6b) for a new offer, the Austrian Broadcasting Corporation (Österreichische Rundfunk) may, in order to

1.		to gain knowledge which it requires for the proposal for a new offer (Section 6a (1)) or otherwise for the execution of the order pre-examination, or
2.		to obtain information on the probable need for the new offer; or
3.		to test novel technical and/or journalistic concepts and solutions,
hold the new offer without preliminary examination for a maximum period of six months in the course of a trial run, or .

(2) The Austrian Broadcasting Corporation has to limit the number of users of the trial operation, in particular through technical measures, in order to prevent the trial operation of introducing a new offer within the meaning of Section 6 (2).

(3) The acceptance of a trial operation shall be subject to approval by the regulatory authority. This is to be granted if the conditions set out in paragraphs 1 and 2 are met. The regulatory authority shall, in the notification of approval, issue conditions to ensure compliance with the legal requirements of paragraphs 1 and 2. "

21. The heading to § 5 reads:

"Other special orders"

Section 5 (1) reads as follows:

" (1) The Austrian Broadcasting Corporation may also, in part, comply with its mandate pursuant to Section 4 (5a) by making broadcasts after prior contractual agreement with other broadcasters in areas of autochthons established in Austria. Community groups, using the transmission capacities allocated to these broadcasters, broadcast. The extent of the broadcasts emitted in this way is to be calculated on the basis of a proposal by the Director-General after hearing the Council's Board of Trustees by decision of the Board of Trustees on the part of the programme according to Article 4 (5a). Similarly, the Austrian Broadcasting Corporation may participate in the design and production of broadcasts by other broadcasters who disseminate an independent programme of programmes intended for the interests of the ethnic groups. The beginning and end of a broadcast after the first sentence and the participation after the third sentence shall be notified to the regulatory authority. "

Section 5 (2) shall be deleted; the previous paragraphs 3 to 6 shall be given the names "(2)" to "(5)" .

(24) The following sentences are added to § 5 (2):

" In addition, it is necessary to ensure that the respective share of the broadcasts made accessible to the hearing and the visually impaired will be continuously increased by appropriate measures compared to the level at 31 December 2009. To this end, until 31 December 2010, the Austrian Broadcasting Corporation has, after hearing from organisations representing the area of hearing impaired and visually impaired, a plan for the further development of barrier-free access to television programmes in accordance with § 3 para. 1 Z 2 and on its online offer including measures for the implementation of stages. The plan shall be reviewed at least annually and, where appropriate, adjusted. In the medium term, the ORF is aiming to subtitle all of its television broadcasts with language content. "

25. The following sentence shall be added to Article 5 (4):

"The establishment of co-operations and the establishment of joint ventures and their dissolution shall be notified to the regulatory authority."

26. The following paragraph 6 is added to § 5:

" (6) The Austrian Broadcasting

1.		Federal and state authorities as well as the authorities of the communities located in the respective distribution area for calls in crisis and disaster situations and other important reports to the general public, as well as
2.		Private for calls in justified and urgent emergencies to avoid danger to health and life of humans
to make the necessary and appropriate transmission time available free of charge at all times. The above rules also apply to the distribution in online offers. "

27. In accordance with § 5, the following § 5a together with the heading is inserted:

" Offer Concept

§ 5a. (1) Offer concepts serve as far as provided for in this Act, the concretization of the statutory mandate of the programmes and offers located in the public service contract. In particular, they shall contain information on the following points:

1.		content categories;
2.		Target group;
3.		the timing of the programme or the offer, including any time constraints;
4.		the technical usability of the offer or access to the offer;
5.		any special quality criteria;
6.		Any complementary or exclusive relationship with other programmes or offers of the Austrian Broadcasting;
7.		themes, formats, programme tracks or other information, which is intended to be mainly, incidentally, or not at all the subject of the programme or offer;
8.		Compliance with the provisions of this Act, in particular, the compatibility of the programme or offer with § 4.

(2) Offer concepts shall be submitted after their initial preparation and after each not merely minor modification of the regulatory authority. The regulatory authority shall, within eight weeks of transmission, apply the improvement of the offer concept if the offer concept is incomplete. The regulatory authority shall, within eight weeks of the submission of the complete offer concept, prohibit the implementation of the offer concept if the event or provision of the programme or tender concerned is against the The requirements of this law would be in breach of the law or an order preliminary examination according to § § 6 to 6b would be carried out. If within the said period the regulatory authority has not prohibited the implementation of the offer concept, the Austrian Broadcasting Corporation has easily found the offer concept on its website, directly and for the duration of its validity. to make it ever accessible. The programme or offer may be organized or made available beginning with the publication of the offer concept.

(3) Paragraph 2 does not apply to offer concepts which are drawn up in the context of an order preliminary examination (Section 6a (1)). It shall apply to offer concepts prepared and approved as part of an order pre-examination only in the case of new, not only minor changes, unless an offer preliminary examination is to be carried out.

(4) In the specific design of its programmes and offers, the Austrian Broadcasting Corporation has to be guided by the respective offer concept and to comply with the limits thereby drawn. "

28. In accordance with § 5a, the following section title is inserted together with the section heading:

" 1a. Section

Order pre-check "

29. § 6 together with headline reads:

" Scope

§ 6. (1) An order preliminary examination shall be carried out in the cases laid down in this Act and in cases where the Austrian Broadcasting Corporation intends to offer a new offer within the meaning of paragraph 2.

(2) New offers shall apply

1.		Programmes or offers pursuant to § 3, which are organized or made available for the first time and which are essential to the programmes or offers already provided by the Austrian Broadcasting Corporation pursuant to § § 3 to 5 at the time of the preliminary examination of the order , or
2.		existing programmes or offers in accordance with § 3, which shall be amended in such a way that the amended programme or offer is likely to differ materially from the existing programme or offer.

(3) An essential distinction within the meaning of paragraph 2 is in particular present:

1.		if the offers differ materially from the existing programmes or offers in accordance with § 3, by their content, the form of their technical usefulness or their access to them; or
2.		if the offers address a significantly different target group than existing programs or offers according to § 3.
An indication of an essential distinction shall be made if the financial outlay resulting from the new creation or the change is more than 2 vH of the costs of the public service contract.

(4) In particular, the offer concept (§ 5a), insofar as such exists, the programme plans and the annual and annual offer schemes (Article 21 (1) (3) and (3)) are relevant for the assessment of whether a substantial change is present within the meaning of paragraph 3 above. Section 21 (2) (2) (2).

(5) Without prejudice to § 4g, a new offer may not be provided before the granting of a permit pursuant to § 6b. "

30. According to § 6, the following § § 6a to 6c together with the headings are inserted:

" Procedure

§ 6a. (1) The Austrian Broadcasting Corporation has to prepare a proposal for a new tender with the following content in order to carry out the order preliminary examination:

1.		an offer concept (§ 5a);
2.		a detailed justification, which is why the new offer is in the company's subject matter and for the effective provision of the public service core order as well as the special orders regulated in the law, taking into account the provisions of section 4 (2) to (6) as well as Article 10 of regulated special requirements for public service broadcasting is appropriate;
3.		a presentation of the financing of the new offer; and
4.		a presentation of the likely effects of the new offer on the competitive situation on the market relevant for the offer, as well as on the variety of offers for the seer, the listener or the user.

(2) The proposal for the new offer shall be submitted by the Austrian Broadcasting Authority, the Austrian Chamber of Commerce and the Federal Chamber of Labour, and can be easily found on its website, directly and for the duration of the to make the time limit available to the public. In this connection, it should be pointed out that all persons concerned by the proposed offer may submit their comments within a reasonable period of at least six weeks. The opinions received are, in so far as they do not contain confidential data, published by the Österreichischer Rundfunk on its website. Confidential data with regard to the effects on the competitive situation may be communicated directly to the Federal Competition Authority by the parties concerned. The Federal Competition Authority shall use this data for the purposes of (4) and (5) with due regard for the confidentiality of the data.

(3) If the Austrian Broadcasting Service does not depart from the new offer, it shall submit the proposal, the opinions and any changes to the offer concept made on the basis of the opinions after the end of the period referred to in paragraph 2 of the regulatory authority and apply for approval of the new tender.

(4) The regulatory authority shall make all documents available to the Advisory Board established pursuant to Section 6c and to the Federal Competition Authority. Within a six-week period, these shall be taken as follows:

1.		the Advisory Board on whether the new offer from a published point of view for the effective provision of the core public service contract and the special orders regulated by the law, taking into account the provisions of § 4 (2) to (6) and § 10 It seems appropriate to meet specific requirements for public service broadcasting, as well as to the likely impact on the diversity of offers for the seers, listeners and users;
2.		the Federal Competition Authority on the likely effects of the new bid on the competitive situation of other media companies operating in Austria.

(5) In addition to the Austrian Broadcasting Authority (Österreichischer Rundfunk) as the applicant, party position in advance of the regulatory authority of the Federal Competition Authority is required in order to safeguard the interests of the competition; it may appeal against the decision Administrative Court.

Decision

§ 6b. (1) The regulatory authority shall approve the new offer if the new offer complies with the provisions of this Act; and

1.		It is to be expected that the new offer to fulfil the social, democratic and cultural needs of the Austrian population and the effective provision of the core public service contract, in particular for the achievement of the provisions of § 4 (1) and (5a), and
2.		it is not to be expected that the new offer will have a negative impact on the competitive situation on the market relevant to the offer and on the diversity of offers for the seer, the listener and the user, compared to the one by the new The offer made contribution to the fulfilment of the public service core order are disproportionate.

(2) An authorisation as referred to in paragraph 1 shall be subject to conditions to the extent that such authorisation is necessary in order to the effect of the new bid on the competitive situation on the market relevant to the bid, or the diversity of supply for the seer; reduce the audience and the user to an extent that is not disproportionate within the meaning of paragraph 1 (1) (2). Conditions may in particular relate to the technical design and usability of the offer and the content categories covered by the offer. They can also be granted for the protection of the content of the Austrian Broadcasting process as part of the offer concept. The specific content of the new offer may not be imposed by means of conditions.

In the context of the assessment referred to in paragraphs 1 and 2, the regulatory authority shall, in particular, take into account:

1.		the existing offer in the public service remit;
2.		the existing offer of other media companies active on the Austrian media market with the planned offer;
3.		the special requirements laid down in § 4 (2) to (6) and (10) and the expected added value of the new offer in relation to otherwise comparable other offers on the Austrian media market;
4.		the promotion of the Austrian language and culture, as well as the need to have a specific Austrian media offer in the programme areas in accordance with § 4 (1), provided that this is done by the Austrian radio proposed offer is expected to show such an imprint;
5.		any positive competitive effects of the new offer, in particular due to its innovative journalistic or technical design, compared to existing media offerings;
6.		the positive effects of the new offer on the variety of offers for the seer, the listener and the user;
7.		the opinions referred to in Article 6a (4).

(4) In the proceedings, § 66 para. 2 AVG applies with the proviso that a correction of the decision by the Appellate Authority and a rejection to the child authority in the instance train can take place even if that authority of the Appellate Authority the fact that the appointment of an expert appears to be inadequately identified.

(5) Österreichische Rundfunk (Austrian Broadcasting Corporation) can easily find the offer concept (§ 5a) together with the approval by the regulatory authority on its website and make it permanently accessible for the duration of its validity.

Advisory Council

" § 6c. (1) An advisory board shall be established with the regulatory authority to deliver the opinion pursuant to Article 6a (4) (1) (1). This advisory board consists of five members ordered by the Federal Government for a period of five years. The members of the Advisory Board have to possess the teaching qualification at a university in Germany or abroad, or some other outstanding professional qualification, and should, on the basis of their previous scientific activities, be distinguished by special Knowledge in the area of media law, media studies or economics.

(2) The Federal Chancellor has to lay down detailed rules on the remuneration of the members and the organization of the Advisory Board.

(3) In addition, the Advisory Council shall be given the opportunity to give an opinion on those procedures in which the regulatory authority shall, on its own account or on the basis of a complaint or an application, determine whether a provision made pursuant to Article 3 (5) (2) (2) is not The offer or a program organized in accordance with § 3 (8) shall correspond to the framework drawn up by § § 4b to 4f and the offer concepts (§ 5a), including any conditions granted pursuant to section 6b (2) of the Quotes. "

31. Before § 7 the following section title is inserted together with the section heading:

" 1b. Section

Reporting obligations "

32. § 7 together with the headline is:

" Annual Report

§ 7. (1) Until 31 March each year, Österreichische Rundfunk shall submit to the Federal Chancellor and the regulatory authority a report on the performance of the orders in accordance with § § 3 to 5 and on the implementation of § 11 in the previous calendar year. create. The report shall be broken down in accordance with the orders referred to in § § 3 to 5 and the requirements of § 11 and shall have a detailed presentation of the measures and activities undertaken in accordance with the contracts, in particular in relation to the year-on-year. The report shall also include representations of the ranges achieved, which shall be levied in accordance with recognised scientific methods, and shall show the extent of the revenue generated from commercial communication. In addition, the nature and scope of the commercial activities of the Austrian Broadcasting Company and its subsidiaries shall be presented in its own part. Finally, the report shall be followed by a presentation of the application and compliance with the criteria and procedures established by the quality assurance system (§ 4a) in the design of the content supply.

(2) The report shall be submitted by the Federal Chancellor to the National Council and the Federal Council.

(3) The report shall furthermore be made easily, directly and permanently accessible by the Austrian Broadcasting Corporation on its website for the public.

(4) The annual financial statements and the consolidated financial statements are, according to their disclosure (§ § 277 and 280 UGB), by the Austrian Broadcasting Company on its website, in each case up to the publication of the annual accounts of the following year easily, continuously and directly to make it accessible. "

33. The following section title and section heading shall be inserted before § 8:

" 1c. Section

Other activities of the Austrian Radio "

34. § 8 together with headline reads:

" Co-use of the transmission systems

§ 8. (1) The Austrian Broadcasting Corporation and its subsidiaries have, within the framework of the technical possibilities available to other broadcasters and terrestrial multiplex operators, the sharing of their broadcasting facilities against an appropriate fee. .

(2) Without prejudice to other contractual arrangements, the broadcasting facilities shall be made available on equivalent conditions and in the same quality as those applicable to the dissemination of the programmes organised by the Austrian Broadcasting Corporation.

(3) On demand, the Austrian Broadcasting Corporation (its subsidiary) has to submit a bid for co-use. If an agreement on the right of co-use or the appropriate payment is not concluded within a period of six weeks from the time of a request for such a request, each of the parties concerned may decide to take the decision to the regulatory authority call. The regulatory authority shall decide within four months from the date of application of the application. The decision shall replace an agreement to be reached. "

35. In accordance with § 8, the following § 8a and title shall be inserted:

" Commercial activities

§ 8a. (1) "Commercial activities" within the meaning of this Act refer to activities which lie within the scope of the object of the enterprise and which exceed the public service remit (Article 1 (2)).

(2) Commercial activities are to be separated from the activities of the public service contract in an organisational and computational way (Section 39 (4)). No funds from the programme fee (§ 31) may be used for them. They can be operated in a profit-oriented way.

(3) Commercial activities shall be carried out by subsidiaries or undertakings affiliated with the Austrian Broadcasting Corporation (Article 2 (2)), which do not carry out any activities under the public service contract, unless such activities are carried out in accordance with the provisions of Article 2 (2) of the Activities are closely linked to activities carried out under the public service contract or the turnover generated by them are of a minor extent. § 2 (4) shall apply mutas to the contractual cooperation with companies.

(4) Commercial communication in the programmes and offers provided pursuant to § 3 constitutes a commercial activity. Paragraph 3 shall apply to commercial communication only in respect of its distribution and marketing.

(5) Revenue from commercial activities in connection with the public service contract shall be taken into account in the determination of the net costs of the public service contract (§ 31).

(6) Do not count as part of the tasks of the Austrian Broadcasting Company or its subsidiaries

1.		the publication and distribution of products, in particular periodic printing units, which do not primarily serve as information on programmes and contents of the transmission. However, the publication and distribution of other products derived directly from the broadcasting programmes of the Austrian Broadcasting Programme pursuant to § 3 (1) are not excluded;
2.		the advertising of third parties or similar marketing activities for third parties. "

36. The title to § 9 reads:

"Commercial Savings Programmes"

37. In Section 9 (1), the phrase "using other than terrestrial transmission capacities" through the phrase "via satellite, cable or digital terrestrial transmission capacity" replaced; the last sentence is deleted.

38. § 9 (2) and (3) reads:

" (2) The event of these programmes constitutes a commercial activity (§ 8a).

(3) The provisions of the last sentence of § 5 (2), § 10 para. 1, 2, 11 to 14, § 11, § 13, § 14 para. 1, 2, 5 second and third sentence, section 8 and section 9, § 15 (1) and (3) and § § 16 and 17 (1) to (3) and 6 (6) shall apply to such programmes. Section 14 (6) Z 1 shall apply with the proviso that only indications of consignments and accompanying material of the programme in question pursuant to § 9 shall not be included in the maximum permitted advertising time of this programme. Advertising in these programmes shall not exceed 10 vH of the daily transmission time. "

39. § 9 (5) reads:

"(5) Savings programmes may not be offered under the brands" Österreichischer Rundfunk "," ORF "as well as other brands created or thus interchangeable in the field of performance of the public service contract."

40. § 9 (6) deleted.

41. The previous § 9a and heading no longer apply.

42. The former § 9b is given the name "§ 9a." .

43. In § 9a (1) the word "PrTV-G" by the word "AMD-G" and the last sentence is:

"One of these two television programmes is the broadcasting of the programme organized in accordance with section 4c."

Article 9a (2) and (3) reads as follows:

" (2) The event of these programmes constitutes a commercial activity (§ 8a).

(3) The provisions of the last sentence of § 5 (2), § 10 para. 1, 2, 11 to 14, § 11, § 13, § 14 para. 1, 2, 5 second and third sentence, section 8 and section 9, § 15 (1) and (3) and § § 16 and 17 (1) to (3) and 6 (6) shall apply to such programmes. Section 14 (6) Z 1 shall apply with the proviso that only information on the consignments and accompanying materials of the programme in question shall not be included in the maximum permitted advertising time of this programme. Advertising in these programmes shall not exceed 10 vH of the daily transmission time. "

45. § 9a (4) and (5).

46. In accordance with § 9a, the following § 9b and title shall be inserted:

" Commercial Online Offer

§ 9b. Insofar as the Österreichische Rundfunk (Austrian Broadcasting Corporation) provides an online offer as a commercial offer (§ 8a), it is necessary to ensure that the online offers are clearly distinguishable in accordance with Section 3 (5), in particular for a permanent marking. Such a commercial online offer may not be offered under the brands "Österreichischer Rundfunk", "ORF" as well as other brands created or thus interchangeable in the field of the performance of the public service contract. Commercial communication in offers pursuant to § 3 (5) for such commercial online offers is subject to the conditions of § § 18 and 31c. "

47. The title to § 10 reads:

"Substantive Principles"

48. In Section 10 (3), the word "Overall Program" by the word "Full offer" replaced.

49. § 10 (11) reads:

" (11) The content offer of the Austrian Broadcasting Committee shall not include any content which may seriously affect the physical, mental or moral development of minors, in particular those involving pornography or gratuitous persons. Violence shows. "

50. The heading to § 11 reads:

"Promotion of European works"

51. In Section 11 (1), the phrase " Art. 6 of Directive 89 /552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (the television broadcasting directive), OJ L 327, No. OJ No L 298, 17. 21 October 1989, p. 23, as amended by Directive 97 /36/EC, OJ L 73, 27.2.1997, p. No. OJ L 202 of 30 July 1997, S 60 " through the phrase " Art. 1 para. 1 lit. n and (2) to (4) of Directive 2010 /13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), OJ L 206, 22.7.2010, p. No. OJ L 95, 15.4.2010, S 1 " replaced.

52. § 12 together with headline reads:

" European works in on-demand services

§ 12. Without prejudice to the provisions of § § 4e and 4f iVm, the provisions of Section 1a shall be the part of the consignments of the Austrian broadcaster or his/her consignments as part of the practically practicable and using appropriate means. Subsidiaries of European works to be provided accordingly Art. 1 (1) (lit). n and (2) to (4) of Directive 2010 /13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), OJ L 206, 22.7.2010, p. No. OJ L 95, 15.4.2010 p. 1 "

53. The title of the 3. Section is:

" 3. Section

Commercial communication "

54. § § 13 to 17 together with transcripts are:

" Content requirements and restrictions

§ 13. (1) Commercial communication must be easily identifiable as such. Commercial communication in programs and broadcasts under the limit of perception is prohibited.

(2) In commercial communication, persons who regularly present news broadcasts and broadcasts on political events or who regularly serve as programme-shaping and journalistic purposes may not be present in the picture or in the sound. Staff of the Austrian Broadcasting Group moderating other broadcasts.

(3) Commercial communication shall not be allowed

1.		that hurt human dignity,
2.		contain discrimination on grounds of race or ethnic origin, gender, age, disability, religion or belief or nationality or sexual orientation,
3.		promote behaviours that endanger health or safety;
4.		promote behaviour which is a major threat to the protection of the environment;
5.		promote illegal practices,
6.		mislead and harm the interests of consumers, or
7.		that affect editorial independence.

(4) Any form of commercial communication for spirit drinks, cigarettes or other tobacco products, as well as medicinal products, medical devices and therapeutic treatments available only on medical prescription shall be prohibited. Commercial communication for all other medicines, medical devices and for therapeutic treatments must be honest, truthful and verifiable. It must not harm people.

(5) Commercial communication for alcoholic beverages shall meet the following criteria:

1.		It shall not be specifically aimed at minors and shall encourage the excessive consumption of such beverages.
2.		In particular, it shall not constitute minors in the case of alcohol consumption.
3.		There should be no link between improvement of physical performance and alcohol consumption or driving of motor vehicles and alcohol consumption.
4.		It must not be the impression that alcohol consumption promotes social or sexual success.
5.		It must not suggest a therapeutic, stimulating, calming or conflict-solving effect of alcohol.
6.		Disregard or moderation with regard to the consumption of alcoholic beverages shall not be presented in a negative way.
7.		The level of the alcoholic strength of beverages must not be highlighted as a positive property.

(6) Commercial communication shall not cause any physical or mental damage to minors, and shall therefore be subject to the following criteria for the protection of minors:

1.		It must not direct calls for the purchase or rent of goods or services to minors who exploit their inexperience and credulity.
2.		It must not directly ask minors to move their parents or third parties to purchase the goods or services advertised.
3.		It must not take advantage of the special trust minors have with parents, teachers or other persons of trust.
4.		It must not show minors in dangerous situations without justifiable reason.

(7) The presentation of production aids or prices of insignificant value in news broadcasts and broadcasts for political information is inadmissible.

(8) The Austrian Broadcasting Corporation has for commercial communication with and in children's programmes concerning food and drink, the nutrients or substances with nutritional or physiological effects, such as fat, transfatty acids, salt/sodium and sugar, the excessive intake of which is not recommended in the context of total nutrition, to adopt directives. These are subject to the approval of the Board of Trustees and are easy to publish directly and permanently.

(9) The Board of Trustees may set further restrictions on content and time for commercial communication. Directives laid down in this way must be published easily, directly and permanently.

Television and radio advertising, advertising time

§ 14. (1) Advertising must be easily recognizable as such and must therefore be distinguishable from editorial content. It is to be clearly separated from other program parts by optical, acoustic or spatial means.

(2) Immediately before and after children's consignments, the broadcasting of advertising directed at immutable minors is inadmissible.

(3) Unless otherwise specified in this Federal Act, the Board of Trustees shall, on the basis of a proposal by the Director-General, determine the extent of advertising in the programmes of the Austrian Broadcasting Corporation. Directives laid down in this way must be published easily, directly and permanently. Send times for advertising may not be awarded on Good Friday as well as on 1 November and 24 December.

(4) One of the Austria-wide programmes of radio broadcasting in accordance with § 3 paragraph 1 Z 1 has to remain free of advertising. In Austria-wide radio programs, advertising is permitted only throughout Austria. Radio advertising may not exceed the annual average for a total of 172 minutes on a daily basis, with a maximum of 20 vH per day being permitted. In a programme, advertising on an annual average of 8 vH may not exceed the daily transmission time. Radio advertising broadcast in national programmes shall be counted only once and shall not exceed, on an annual average, the daily duration of five minutes, where deviations of not more than 20 VH per day are permitted. The duration of advertising, which is broadcast simultaneously in more than one country-wide programme (ring advertising), is to be included in each of the five-minute advertising duration of the country-wide programme concerned.

(5) In television programmes, advertising is permitted only throughout Austria. Throughout the year, Austria-wide television advertising may not exceed 42 minutes per day per programme, with a maximum of 20 VH per day being permitted. Advertising for the films financed or co-financed by the Austrian Broadcasting Corporation shall not be included in the advertising time permitted by the above sentence or in accordance with Section 4b (2), fourth sentence, and § 4c (2), fifth sentence. Within a full hour, the proportion of television advertising may not exceed 20 vH. Under hours, the 24 equal parts of a calendar day are to be understood.

(5a) The first and second sentences of the first and second sentences are limited to advertising for events and campaigns in the fields of sports, art and culture, insofar as they usually do not in the Austrian media coverage of the media. a wide range of areas, as well as in the areas of folk culture and customs and, in addition, advertising for public health services, road safety and consumer protection. The duration of this advertisement shall be limited to a maximum of 150 seconds per province per province. Paragraph 5 penultimate and last sentence shall remain unaffected. Advertising may only be commissioned by the following legal entities:

1.		Countries and municipalities;
2.		other legal persons under public law in so far as they operate throughout the country;
3.		Non-profit-making legal entities (§ § 34 ff Federal Tax Code, BGBl. No 194/1961);
4.		undertakings which carry out exclusively public service tasks in the areas referred to in the first sentence and in which a country alone or with other entities subject to the control of the Court of Auditors, with at least 50 vH of the tribe, the reason, or equity, is involved, or which a country operates on its own or in conjunction with other such entities.
In addition, the advertising may only be broadcast by the Austrian Broadcasting Corporation if the client proves that he or she also has commercial communications for the subject matter of advertising at least equal to others, to radio complementary media companies have been commissioned or will be commissioned.

(5b) The Austrian Broadcasting Authority shall have the regulatory authority for all agreements to broadcast advertising, specifying the nature and scope of the service and stating the remuneration laid down in paragraph 5a, including co-operations under the last sentence, quarter-wise.

(6) Not to be included in the maximum permitted advertising duration is the duration of

1.		Indicate to the Austrian Radio on broadcasts of its programmes and on accompanying materials which are directly derived from these programmes and
2.		Product placements.

(7) The application of radio programs of the Austrian Broadcasting Programme in television programmes of the Austrian Broadcasting (§ 3) and vice versa is inadmissible, provided that it is not a reference to individual items of mail.

(8) Television advertising for periodic printing works may be referred to the title (name of the printing unit) and the leaf line, but not to the contents thereof. The transmission time allowed for this must be no more than two minutes of the total weekly advertising time. The award of these transmission times and of the tariffs shall be subject to equal and non-discriminatory conditions to all media owners of these printing works. More detailed rules are laid down in the collective bargaining system for commercial communication (§ 23 para. 2 Z 8).

(9) The provisions of Section 13 (1), (3) and (9) as well as the first sentence of § 14 (1) and (3) of the first sentence of § 13 (1) and (3) of the first sentence shall apply to contributions in the service of the public and free donation calls for charitable purposes in the programme and online offer.

(10) A client of commercial communication shall not exercise any editorial influence on the content of the programme.

(11) teleshopping is prohibited to the Österreichischer Rundfunk and its subsidiaries.

Interrupting

§ 15. (1) Television advertising shall be broadcast in blocks between individual broadcasts. Individually sent commercials must be the exception, except in the case of the transmission of sporting events.

(2) The breaking down of television broadcasts in programmes pursuant to § 3 by advertising is inadmissible with the exception of the following two sentences. In the case of sports broadcasts consisting of separate parts, the advertising shall be inserted only between the separate parts, the sports programme being carried out for each full period of 15 minutes (calculated according to the programme's programmed duration of transmission). may be interrupted once the duration of the advertisement) and at most four interruptions may be permitted within each hour of the commencement of the consignment to a fair full hour. In the case of sports broadcasts and broadcasts via similarly structured events and performances with breaks, the advertisement may only be inserted into the breaks.

(3) In programmes according to § § 9 and 9a, television advertising may also be included in the current broadcasts under the following restrictions, provided that it does not affect the connection of the broadcasts, the natural to take account of transmission interruptions and the nature and duration of the consignment. The rights of rightholders must not be violated. The transmission of television films (with the exception of series, series and documentaries), feature films and news broadcasts may be interrupted once for television advertising for each programmed period of at least 30 minutes. The transmission of children's consignments may be interrupted at most once for each programmed period of at least 30 minutes, but only if the total duration of the consignment after the transmission schedule is more than 30 minutes. The transfer of services must not be interrupted by television advertising.

Product placement

§ 16. (1) Product placement (Section 1a (1) (10)) is inadmissible subject to the provisions of paragraphs 2 and 3.

(2) The prohibition of paragraph 1 does not cover the free provision of goods or services, such as production aids or prices, with a view to their inclusion in a consignment. This exception shall not apply to news broadcasts and political information broadcasts.

(3) The prohibition laid down in paragraph 1 of this Article shall include cinematographic works, television films and television series, as well as sports broadcasts and light entertainment programmes. This exception does not apply to children's programmes.

(4) Without prejudice to the provisions of Section 13, broadcasts may not, in any event, also contain product placement in favour of undertakings whose main activity is the manufacture or sale of cigarettes and other tobacco products. Furthermore, product placement is inadmissible in regionally broadcast television broadcasts, as well as free deployments in accordance with § 1a Z 10 last sentence.

(5) shipments containing product placements shall comply with the following requirements:

1.		Your content or programme place must not be influenced in such a way that editorial responsibility and independence are affected.
2.		They may not directly ask for the purchase, rental or lease of goods or services, in particular by means of special promotional references to such goods or services.
3.		You must not make the product in question too strong.
4.		They shall be clearly marked at the beginning and end of the shipment and in the case of interruptions in accordance with § 15 upon continuation of a consignment following an advertising interruption, in order to prevent any misleading of the consumer.

(6) Paragraph 5 (4) does not apply if the consignment in question has not been produced or commissioned by the Austrian Broadcasting Corporation itself or by a company affiliated with the Austrian Broadcasting Corporation (Österreichischer Rundfunk) and the said consignment is not aware of such of the existence of a product placement.

Sponsorship

§ 17. (1) Spare shipments shall meet the following requirements:

1.		Their content and, in the case of television or radio programmes, their programme space may not in any event be influenced by the sponsor in such a way that editorial responsibility and independence in relation to the broadcasts are touched upon.
2.		They are clearly sponsored by the name or company emblem or any other symbol of the sponsor, such as an indication of its products or services or a corresponding distinctive sign at the beginning or at the end. Label the item (sponsoring instructions). Sponsoring notes during a shipment are not permitted.
3.		They shall not be directly subject to the purchase, rental or lease of products or to the use of services provided by the contracting authority or a third party, in particular by means of specific promotional references to such products, or Services, stimulate.

(2) Sponsoring of natural or legal persons whose principal activity is the manufacture or sale of products or the provision of services, for commercial communication according to § 13 or according to other statutory provisions. Provisions shall be prohibited. In the case of sponsorship by undertakings whose activity involves the manufacture or sale of medicinal products and medical treatments, the name or appearance of the undertaking may be referred to, but not limited to certain products. Medicinal products or medical treatments which are only available on prescription.

(3) News broadcasts and broadcasts on political information shall not be financially supported within the meaning of paragraph 1.

(4) § 14 (8) shall apply to sponsors for the benefit of media holders of periodic printing works.

(5) If a sponsored shipment is not a charitable or other public interest purpose, sponsorship information shall be included in the advertising period regulated by § 14. The duration of the sponsorship of regional broadcasts on television is determined according to the ratio of the proportion of the population technically achieved by the regional programme to the total population of Austria.

(6) The design of consignments or broadcast parts according to the thematic requirements of third parties against payment is inadmissible. The broadcast of a consignment may not be subject to the condition that a contribution to the financing of the consignment is made. "

55. § 18 together with the headline is:

" Requirements for Teletext and Online Offers

§ 18. (1) The regulations of this Federal Act shall apply without restriction to the event and the provision of online offers in the public service contract. The revenue of the Austrian Broadcasting from commercial communication in its online offers in the public service contract may be the amount of 3 vH in each financial year, from 1. Jänner 2013 4 vH and from 1. Jänner 2016 shall not exceed 5 vH of the revenue of the programme funds raised in the previous calendar year in the way of section 31 (1).

(2) The event of Teletext and the provision of online offers within the framework of commercial activities (§ 8a) shall apply in terms of content § § 10 and 13 to 17, unless otherwise specified. The share of commercial communication in these offers will be determined by decision of the Board of Trustees.

(3) The offers referred to in § 4f (2) Z 1 to 7, 9, 11, 13, 14, 16, 20, 21 and 23 to 28 may not be provided in the context of commercial activities.

(4) Commercial communication in teletext and online offers is permitted only in standardized forms and formats. Forms in which performance-related accounting is performed in such a way that marketing instruments are used with the aim of achieving a measurable reaction or transaction with the user (performance marketing), as well as those that are used for performance-related billing purposes, are not permitted. Forms in which individualization takes place on the basis of the storage of user behavior data. The pricing of commercial communication in online offers has to be made in the form of a certain amount of money per visual contact. The granting of discounts in the distribution of commercial communication in online offers is permitted solely on the basis of quantity stagings in the same media attiment. The granting of discounts in the form that commercial communication is made available on a larger scale than has been obtained according to standardised prices (natural discounts) is inadmissible. All forms, services, prices, discounts and discounts are to be defined and published in the collective bargaining agreement for commercial communication.

(5) Commercial communication in online offers, including the federal country-specific pages, is only allowed nationwide. "

56. In accordance with § 18, the following § 18a and title shall be inserted:

" Information requirements

§ 18a. (1) The Austrian Broadcasting Corporation and its subsidiaries shall, without prejudice to the provisions of § § 24 and 25 of the Media Act or § 5 ECG, ensure that the following information is easily, directly and permanently accessible:

1.		the specific company word, according to the organizer of a program or a provider of a retrieval service,
2.		whose postal address,
3.		information enabling it to communicate quickly with it and to communicate directly and effectively, including the e-mail address and the website; and
4.		an indication of the institution (s) responsible for legal supervision. "

57. In § 19 (1), at the end of Z 3, the paint is replaced by a stroke point; Z 4 is omitted.

58. In Section 20, Section 3, Z 5, Section 26 (2) and Section 28 (2) Z 4, the following shall be followed in each case after the term of the word "a general representative body" a space and the phrase "or the European Parliament" inserted.

58a. In § 20 (8), the following sentence is added:

" In addition, the Board of Trustees or its committees may request the members of the Examination Board to carry out the planned examinations in accordance with Section 40 (3), third sentence, and their outcome. The members of the Examination Board shall not be required to comply with the Board of Trustees, unless the purpose of the examination is to be foiled by the Board of Trustees. "

59. In Section 20 (10), the phrase "Z 3 to 15" through the phrase "Z 3 to 6 and 7 to 15" replaced.

Section 21 (1) Z 6 reads as follows:

" 6.		the approval of the long-term plans for the content supply in accordance with the criteria of the quality system, as well as the long-term plans for technology and finance and of establishment plans; "

61. The following Z 6a to 6c are inserted in Article 21 (1):

" 6a.		the approval of the quality system (Article 23 (1) (1a));
6b.		the directives applicable to audiovisual commercial communication, in particular with regard to audiovisual commercial communications directed to minors;
6c.		on the plans submitted by the management to develop the barrier-free offer for the hearing and visually impaired people; "

62. In § 21 (1) Z 7, the word order shall be "the advertising radio" through the phrase "commercial communication" replaced.

Section 21 (1) Z 13 to 15 reads as follows:

" 13.		decision-making on restrictions on advertising and audiovisual commercial communications in accordance with Article 13 (7) and (8) and Article 14 (3);
14.		the decision-making on the annual report (§ 7);
15.		on a proposal from the Director-General, the definition of the scope and nature of the distribution of the radio programme pursuant to Article 3 (6) and the decision-making on commercial activities within the meaning of sections 9 to 9b. "

Section 21 (2) Z 1 and 2 reads as follows:

" 1.		on the general guidelines for programme design, programming and coordination of programmes in radio and television and on the online offer to be issued by the Director-General (Article 23 (2) (1));
2.		on the sending and supply schemes to be drawn up by the Director-General and submitted to the Board of Trustees by 15 November, in accordance with the long-term programme plans and the programme directives (Z 1), for the following calendar year Radio and television (annual transmission schemes) and the online offer (annual offer schemes) in accordance with the criteria of the quality assurance system, as well as for the event of savings programmes (§ 9 para. 2), for the definition of the advertising scope pursuant to § 18 as well as to the event of mobile terrestrial television (§ 9a); "

Section 21 (2) Z 9 reads as follows:

" 9.		for the conversion of the dedication reserve pursuant to section 39b (2); "

§ 23 (2) Z 1 reads as follows:

" 1.		the establishment of general guidelines for programme design, programme creation and coordination of programmes in radio and television and for the online offer, as well as the preparation of annual and annual offer schemes, respectively, with Approval of the Board of Trustees (§ 21 (2) (1) and (2)), in which the Director-General shall submit a detailed account of the measures and activities planned in accordance with the statutory mandates, and shall justify the extent to which they are carried out in the framework of the the criteria defined in the quality assurance system; "

67. The following Z 1a is inserted in Section 23 (2):

" 1a.		the establishment of a quality assurance system, which shall define criteria and procedures for the fulfilment of the public service core contract, as granted in accordance with § 4; "

Section 23 (2) Z 8 reads as follows:

" 8.		the application for the establishment of the programme fee to the Board of Trustees and the reimbursement of proposals to the Board of Trustees for the purpose of establishing the collective bargaining system for commercial communications; "

69. In § 24 (2) the word order shall be "at least four and at most six" by The Word Order "not more than four" replaced.

70. In § 26 sec. 2 Z 8 and in § 28 para. 2 Z 9, in each case according to the word "and" the phrase "Managing Director and" inserted.

70a. In Section 28 (1), the word order is deleted "consisting of 35 members" together with the preceding indent .

70b. In § 29 (5), after the word order "Follow" the phrase "or, in the case of a member, enter into an exclusion ground in accordance with Section 28 (2)." inserted.

71. In Section 30 (1) (3) and 37 (1) and (2), the term of the word shall be: "the Federal Communications Council" through the phrase "the regulatory authority" replaced.

72. In § 30 (1) Z 6, after the word "Annual transmission schemes" the phrase "and annual supply schemes" inserted.

73. § 30 (1) Z 7 reads:

" 7.		the reimbursement of reasoned recommendations on the quality system. "

74. In § 30 (1) Z 8, the parenthesis shall be deleted. "(Section 5 (3))" .

75. In accordance with § 30, the following section shall be inserted:

" 5a. Section

Equality between women and men

Gender equality

§ 30a. (1) The representatives of the Foundation "Österreichischer Rundfunk" (Stiftung) are obliged to abolish an existing under-representation of women on the basis of the provisions of the equality plan (§ 30b). The total number of permanent employees and functions, as well as the existing disadvantages of women in relation to the employment relationship.

(2) Women are under-represented when the proportion of women in the total number of permanent employees, including the redundant workers,

1.		in the relevant use, remuneration or functional group, or
2.		in other highlighted uses or functions which do not have a subdivision into groups,
the foundation is less than 45vH.

Equality Plan

§ 30b. (1) On a proposal from the Working Party on Gender Equality (§ 30m), the Director-General or the Director-General has to adopt a gender equality plan. The equality plan shall be based on the proportion of women to be paid on 1 July of each second year in the total number of persons permanently employed, including redundant workers, as well as the fluctuation to be expected for a To prepare and update the period of six years. After two years, it has to be adapted to the current development.

(2) In any case, it is necessary to define in which time and with which personnel, organisational as well as training and further education measures in which uses an existing under-representation as well as existing disadvantages can be removed from women. In each case, binding targets for increasing the proportion of women in the women's rights are mandatory for two years.

1.		in the relevant use, remuneration or functional group, or
2.		in other highlighted uses or functions which do not have a subdivision into groups,
of the Foundation.

Priority

§ 30c. (1) Applicant applicants who are the same or equivalent as the best-suited competitor for the intended place are, unless the person of a competitor outweighs the reasons, in accordance with the requirements of the to include equality plans as a matter of priority, until the proportion of women in the total number of permanent employees, including redundant workers,

1.		in the relevant use, remuneration or functional group, or
2.		in other highlighted uses or functions which do not have a subdivision into groups,
of the Foundation 45 vH.

(2) The reasons given in paragraph 1 of the person of a competitor may not have a direct or indirect discriminatory effect on applicants.

Priority on career advancement

§ 30d. (1) Applicant applicants who are the same or equivalent as the best-suited competitor for the intended use (function) are, unless the person of a competitor outweighs the reasons for their use, in accordance with the to appoint priorities for the equality plan as long as the proportion of women in the total number of permanent employees, including redundant workers, is to be paid;

1.		in the relevant use, remuneration or functional group, or
2.		in other highlighted uses or functions that do not subdivide into groups
of the Foundation 45 vH.

(2) The reasons given in paragraph 1 of the person of a competitor may not have a direct or indirect discriminatory effect on applicants.

Priority in education and training

§ 30e. Women are to be given priority to participate in education and training measures which qualify for the acquisition of higher-value uses (functions), in accordance with the provisions of the equality plan.

Representation of women in organs and bodies

§ 30f. In the composition of collegiate bodies provided for in this Federal Act, as well as for orders of the Director-General, the Directors and State Directors, and in the case of orders and elections of members of bodies, it is necessary to have a balanced To take account of both sexes. The institutions, local authorities, interest groups and other organisations and bodies, as proposed by this Federal Act for these collegiate bodies, shall apply this principle in the event of a refund of their proposals and Take into account the adoption of their order file.

Call for tenders for jobs and functions

§ 30g. In invitations to tender issued by bodies in the Foundation in accordance with § 27, the requirements and tasks associated with the workplace or function shall be formulated in such a way as to affect women and men equally. The invitation to tender shall not contain any criteria which are not objectively based on the requirements of the body and which do not contain any additional comments which may be made to indicate a particular gender. In any event, an invitation to tender shall contain the indication that applications from women for jobs of a particular use or for a particular function are particularly desirable if the proportion of women in such use or in such use is particularly desirable. Function less than 45vH. The staff selection procedure is to be made transparent and comprehensible. The equality plan in accordance with § 30b may provide for further measures to eliminate existing under-representation, as well as existing disadvantages of women in the selection of staff for the occupation of jobs and functions.

Retribution of legal norms

§ 30h. The Federal Law on Equal Treatment, BGBl. I n ° 66/2004, as well as the Federal Law on the Equal Treatment Commission and the Equal Treatment Prosecution, BGBl. No 108/1979, as amended, shall be without prejudice to the provisions laid down in this Section.

Institutions

§ 30i. Persons and institutions with equal treatment in accordance with the I. Part of the Federal Law on Equal Treatment, BGBl. I 66/2004, as amended, and of equality under this federal law, are:

1.		the Equal Opportunities Commission,
2.		the Equal Opportunities Officer and
3.		the Working Party on Gender Equality.

Equality Commission

§ 30j. (1) The Foundation shall set up an Equal Opportunities Commission, consisting of members:

1.		five representatives to be appointed by the Director-General or the Director-General,
2.		five representatives who are to be appointed by the Central Works Council and
3.		a representative or a representative of the Working Group on Gender Equality.

(2) In the case of the appointment of the members, the Director-General or the Director-General, on the one hand, and the Central Works Council, on the other, shall have three women and two men and two men and three men for each period of age. order. For the first operating period after the entry into force of the Federal Law BGBl. I n ° 50/2010, the Central Works Council appoints three women and two men.

(3) The representative or the representative of the Working Group on Gender Equality shall participate in the meetings of the Equality Commission with a consultative vote, with the exception of the election of the Chair or Chair of the Equal Opportunities Commission, in which: it or it is entitled to vote (par. 4). In addition, the representative or the representative of the Working Group on Gender Equality shall have the same information and expression and questions as the other members.

(4) The members of the Equal Opportunities Commission shall select from among the members appointed by the Central Works Council a chairperson or a chairman, as well as from the circle of those appointed by the Director-General or the Director-General Members a Vice-Chair or Vice-Chairman.

(5) For each member, a substitute member of the sex of the member to be represented shall be appointed. Members (substitute members) shall be appointed for a period of five years; re-orders shall be admissible.

(6) Members (substitute members) of the Equality Commission shall have knowledge or experience in the field of equal treatment and promotion of women, anti-discrimination, human rights or the representation of female workers and women. to show workers.

(7) The Equal Opportunity Commission has established itself with all of them in accordance with the I. Part of the Federal Law on Equal Treatment, BGBl. I n ° 66/2004, in the current version, and on matters relating to equality in accordance with this Federal Law, and in particular to make statements and to make proposals (§ 30k). The Equal Opportunity Commission is entitled to receive and evaluate the annual staff statistics (§ 30p). The Equal Opportunity Commission elects the Equal Opportunity Officer and her deputies (§ 30l). The Equal Opportunity Commission has to submit an annual activity report to the Board of Trustees.

(8) The Foundation shall make available the necessary human and material resources for the performance of the activities of the Equal Opportunities Commission.

Procedure before the Equal Opportunities Commission

§ 30k. (1) At the request of one of the persons or institutions referred to in paragraph 2, or on its own account, the Equality Commission shall determine whether a violation of the equal treatment offer pursuant to the I. Part of the Federal Act on Equal Treatment, BGBl. I 66/2004, in the current version, or a violation of the gender equality offer in accordance with § § 30a to 30g.

(2) The Commission shall have the right to submit an application to the Commission:

1.		Each applicant for admission to a working or training relationship with the Foundation,
2.		any worker, employee, or any of the discrimination referred to in the first part of the Federal Law on Equal Treatment, BGBl. I 66/2004, as amended, or a violation of the gender equality offer in accordance with § § 30c to 30e, and
3.		the Working Party on Gender Equality and
4.		each and every equal opportunity representative for her or her representative area.

(3) Where an application relates to an individual, it shall require the verifiable consent of the applicant or the applicant or the employee concerned. The applicant shall have the right to be represented by a person of his or her trust in the proceedings before the Equal Opportunities Commission, in particular by the Equal Opportunities Officer or by the Equal Opportunities Officer. Gender Equality Officer or a representative or representative of an interest representation.

(4) Where the Equal Opportunities Commission considers that there has been a violation of the equal treatment offer or the promotion of women, it shall ascertain that and the Director-General or the Director-General shall submit a written proposal on the implementation of equal treatment or equality, and call on it or him to end discrimination or to ensure equality and, where appropriate, the person responsible for violating the bid Representative or employee or the representative responsible or employees of the Foundation according to the rules of employment law. Within two months, the Director-General or the Director-General shall have a written and reasoned opinion. If the Director-General or the Director-General does not comply with these proposals, this circumstance should be included in the report on the activities of the Equal Treatment Commission (Section 30j (7)) to be submitted to the Board of Trustees.

(5) The meetings of the Equality Commission are not-public and confidential. The Equal Opportunity Commission may provide information to respondents, in particular informed representatives of the Foundation, as well as experts on their meetings. The Equal Opportunity Commission shall be entitled to obtain information or opinions from the representatives of the Foundation, which shall be obliged to provide the information or opinions requested. The Equality Commission has a business and procedural system in which, in particular, the presence and consensus, the sessions, the forms of convening of the meetings, and the more detailed rules governing the procedure are ,

Gender equality officer

§ 30l. (1) The Director-General or the Director-General shall define at least three areas of representation for equal opportunity officers, taking into account the staff structure and the regional distribution of the services in the territory of the Federal Republic of Germany. For each area of representation, the Equality Commission, after consulting the Working Group on Gender Equality, shall issue an equal opportunity officer or an equal opportunity officer and its deputy or deputy to order the Foundation's staff status for a period of five years; re-orders are admissible. At the first order after the entry into force of the Federal Law BGBl. I No 50/2010, the Working Group on Gender Equality is to consult the acting Equal Opportunity Officer. As an equal opportunity commissioner and their deputises, at least half of them are women. In particular, knowledge and experience in the field of equality and promotion of women, anti-discrimination, human rights or the representation of workers in the field of equality and the promotion of women's rights shall be subject to the same conditions as those of the European Union. to take care of women's aspects.

(2) The Equal Opportunities Officer has all equal treatment of women and men in accordance with the I. Part of the Federal Law on Equal Treatment, BGBl. I n ° 66/2004, as amended, and to deal with matters relating to equality within the meaning of this Federal Law. In particular, the Equal Opportunities Officer has to answer questions, wishes, complaints or suggestions from individual employees of their representative area on issues of equal treatment and the promotion of women or to the Working Party on Gender Equality. The Equal Opportunities Officer shall be informed of the calls for tenders made in her representative area and shall be informed of the applications received. The Equal Opportunities Officer is entitled to ask for information or comments or suggestions in writing in the application process. The Equal Opportunities Officer shall be entitled to submit applications to the Equality Commission for the determination of the violation of the equal treatment or gender equality offer in matters relating to their representation and to the Equal Opportunities Commission. to take part in an advisory vote in respect of such requests.

Working Group on Gender Equality

§ 30m. (1) The Foundation shall set up a working group on gender issues (working group). The working group shall be members of the Equal Opportunities Officer and their alternates. The working group shall elect from among its members a chairperson or a chairperson and their deputy or deputy, and appoint the member and substitute member of the equal treatment commission. For the first operating period after the entry into force of the Federal Law BGBl. I n ° 50/2010 is the acting equality commissioner in the Equal Opportunities Commission.

(2) The Working Group has established itself with all equal treatment of women and men in accordance with the I. Part of the Federal Law on Equal Treatment, BGBl. I n ° 66/2004, as amended, and to deal with matters relating to equality within the meaning of this Federal Law. The Working Party shall, in particular, with the consent of the person concerned, be responsible for the understanding of the Director-General or the Director-General of any reasonable suspicion of discrimination or injury to them. To inform and submit a proposal for the implementation of equal treatment or equality in accordance with § § 30a to 30g. The working group is entitled to submit applications to the Equal Treatment Commission (§ 30k paragraph 2) and to accept and evaluate the annual staff statistics (§ 30p).

(3) The working group shall be entitled to submit a proposal to the Director-General or the Director-General for the preparation of the equality plan (§ 30b). The working group shall be entitled to submit a written report to the Director-General or the Director-General on their activities and the implementation of equal treatment and equality in the Foundation during the previous calendar year.

Legal status and the obligation to comply with the law

§ 30n. (1) The members of the Equality Commission and the Equal Opportunities Officer shall be self-employed and independent in the performance of their duties and shall not be bound by any instructions.

(2) The chairperson of the Working Group on Gender Equality shall be exempted from the service, in the form of payment of its remuneration. The other equal opportunities officers and the members of the Equal Opportunities Commission shall be exempted from the service in the form of payment of their remuneration in the extent necessary for the performance of their duties, provided that important services are provided for: The use of this service-free time shall be communicated to the supervisor or to the supervisor.

(3) The representatives of the Foundation shall support the members of the Equal Opportunities Commission and the Working Group, as well as the Equal Opportunities Officer, in the performance of their duties and shall be obliged to provide them with the To provide the necessary information for the performance of their tasks.

(4) The members of the Equality Commission and the Equal Opportunities Officer shall have all the personal data and circumstances, service and trade secrets that have been disclosed to them exclusively in the performance of their duties, and in particular: to preserve the strictest secrecy over the business, technical facilities, procedures and peculiarities of the establishment. The members of the Equality Commission and the Equal Treatment Offices shall also be obliged to secrecy on all communications entrusted to them by individual employees, which shall be subject to the matter after or to the Employees must be treated confidentially. This obligation of secrecy persists even after the end of the activity as members of the Equal Opportunity Commission, as Equal Opportunity Officer or as Equal Opportunity Officer.

(5) The representatives of the Foundation as well as the superiors shall not impede the members of the Equal Opportunities Commission or the Equal Opportunities Officer in the performance of their duties and shall not, for this reason, also impede the at a disadvantage. From this activity, the members of the Equal Opportunities Commission and the Equal Opportunity Officer must not have a disadvantage in their professional progress.

Rest and ends of membership and functions

§ 30o. (1) Membership of the Equal Opportunity Commission, the Working Group on Gender Equality and the role of equal opportunity officer and equal opportunity representative shall rest during the period of non-employment or a holiday of: more than three months. These memberships and functions end with the expiration of the functional period, with the expiring abroad, with the departure from the staff level of the foundation, by waiving and with the equal opportunity officer by leaving the the representative area in question.

(2) The institutions empowered to appoint or elect have members of the Equal Opportunities Commission or Equal Opportunity Officer, if they are unable to perform their function on health grounds or if they are unable to perform their function. Grossly injuring or permanently neglecting the functional requirements.

Labor Statistics

§ 30p. Each year, the Foundation has 31 each year. The Commission will draw up a statistical evaluation of its staff structure and to forward it to the Equality Commission and the Working Group on Gender Equality. In particular, the shares of the sexes in terms of functions, uses, remuneration, part-time, period of use and applications shall be presented. "

§ 31 reads as follows:

" § 31. (1) Everyone is responsible for the reception of radio and/or radio stations. Television broadcasts of the Austrian Radio against an ongoing programme fee (radio pay, television fee). The level of the programme is determined by the Board of Trustees at the request of the Director-General. The Director-General shall submit a request for the re-determination of the programme period in accordance with the economic requirements, but at the latest after five years from the last request.

(2) The amount of the programme budget shall be determined in such a way as to enable the public service mission to be carried out on the basis of a frugal, economic and appropriate management, with a view to the development of the economy as a whole. To take care. The amount of the programme fee shall be limited to that amount necessary to ensure the expected net cost of the public service contract in the light of the expected number of meals to be paid in respect of the programme's a period of five years from the date of the establishment of the programme (financial period). The calculation of the amount of the program's underlying assumptions about expected developments have to be justified and comprehensible.

(3) The net cost of the public service contract shall correspond to the costs incurred in the provision of the public service contract, with the deduction of the net proceeds from commercial activity in connection with the Public service activities, other public benefits, in particular the grant under paragraph 11, as well as the funds committed in the dedication reserve (section 39 (2)) as well as taking into account any group assessments. Losses from commercial activities may not be included.

(4) In addition to the net costs within the meaning of paragraph 3, the determination of the programme fee may exceptionally take into account any financial needs for allocation to untied equity under the conditions of § 39b.

(5) Where funds are present on the blocking account (§ 39c) at the time of determining the amount of the programme fee, these funds shall be deducted from the net costs of the public service contract. The funds of the lock account shall be resolved evenly over a period of not more than five years. For the purposes of this Act, these funds shall be deemed to be a means of programme remuneration.

(6) The price of the programme to be expected for the next financial period may be determined in the course of the definition of the programme. Cost increases are included in the cost of the public contract. The funds committed for this purpose must be supplied by the Austrian Broadcasting Corporation separately to the blocking account (§ 39c) and may only be used to cover the expected price and cost increases for the respective year.

(7) The request of the Director-General shall include all the information necessary for the purpose of determining the programme content in accordance with the preceding paragraphs.

(8) The decision of the Board of Trustees, which sets the amount of the programme, shall be subject to the approval of the Council of the General Public. If no reasoned objection is raised within eight weeks of the decision being taken by the Board of Trustees in the Board of Trustees, the approval shall be deemed to have been granted. However, if the Board of Trustees expressly disclaims the authorisation within this period, the decision of the Board of Trustees shall take effect only if it takes a decision on the determination of the authority.

(9) Following the conclusion of the procedure referred to in paragraph 8, the decision of the Board of Trustees of the Regulatory Authority shall be submitted, following the application of the Decision on the basis of the Decision. Within three months of being forwarded, the regulatory authority shall repeal the decision of the Board of Trustees in accordance with Article 37 (2) if it is subject to the provisions of the preceding paragraphs in contradiction is. This period shall not begin to run until the regulatory authority has submitted all the information it needs to carry out this assessment. The reorganisation of the programme is not effective prior to the expiry of this period. Section 13 (3) of the AVG shall apply with the exception of its last sentence.

(10) The programme fee shall be paid irrespective of the frequency and quality of the consignments or their reception. The beginning and the end of the obligation to pay the program fee as well as the exemption from this obligation shall be governed by the federal legal provisions applicable to the broadcasting fees.

(11) The withdrawal of the programme fee arising from the exemptions referred to in the preceding paragraph shall be granted to the Austrian Broadcasting Corporation by the Federal Government by means of an annual financial allocation in the years 2010 to 2013, in accordance with the conditions laid down in of the following provisions shall be deducted:

1.		The settlement shall not exceed the actual loss of revenue generated by the exemptions from the programme fee, but in any case no more than EUR 50 million in 2010 and 2011 and no longer in the years 2012 and 2013. than EUR 30 million each. The above amounts are to be paid to the Austrian Broadcasting Corporation by the Federal Minister of Finance as of 30 June, in 2010 to 31 December 2010. October, October.
2.		In any case, in the years 2011 to 2013, the following general conditions must be met:
a.			Continued existence of the Film-Television Agreement and fulfilment of the resulting obligations by the Austrian Broadcasting Corporation and
b.			Continued existence of the radio symphony orchestra and
c.			continuous expansion of the share of Austria-specific television films, series and documentaries as well as children's programmes in the form of eigen, co-and contract productions of the Austrian Broadcasting Programme in the overall programme and
d.			Increase in the proportion of barrier-free accessible broadcasts.
		The basis for the calculation of the proportions according to lit. c and d shall be the share of the total content of the Austrian Broadcasting System calculated on the average of 2009.

(12) In addition to the general conditions provided for in paragraph 11, the retribution shall be subject to the following special conditions:

1.		In the years 2011 to 2013, the maintenance of the broadcasting company of the Sport-Spartenprogramm in accordance with § 4b in the previous calendar year, further
2.		in 2011 from the application submitted in 2010 for the preliminary examination of the contract for the information and culture-saving programme (§ 4c),
3.		In 2012, the information and culture programme approved by the regulatory authority in accordance with Section 6b, and the maintenance of the regular broadcasting operation of the programme of information and culture approved in 2011, and
4.		in 2013 from the maintenance of the broadcasting operation of the Information and Culture Division in 2012.

(13) In addition to the fulfilment of the general and special conditions laid down in paragraphs 11 and 12, the Austrian Broadcasting Corporation has, in accordance with the following regulations, structural measures for the medium-term substantial reduction of the cost base. . The Director-General shall submit annually, from the year 2010 for the following calendar year, to the Board of Trustees, measures, indicators and target values relating to the following areas for approval:

1.		on the structural reduction of personnel costs, including a reduction in capacity and the reduction of per capita cost;
2.		on the sustainable reduction of the costs of material, which are not directly related to programme investments, and
3.		to optimize the technology and infrastructure modernization.
The structural measures should be defined by the Director-General in such a way as to ensure a balanced outcome of ordinary activities in the medium term. The Director-General shall immediately forward the structural measures to the Examination Commission (§ 40), which shall deliver an opinion within six weeks whether they comply with the conditions laid down in this paragraph. If the examination committee does not deliver an opinion within the time limit, it must be assumed that there are no objections from their point of view. The Director-General shall submit the structural measures and the opinion of the Examination Commission to the Board of Trustees, which shall adopt the measures, indicators and target values in accordance with the provisions of this paragraph until 31 December each year. The decision shall be sent immediately to the Examination Commission (§ 40) and to the regulatory authority.

(14) Starting from 2011, the regulatory authority shall, in each year, review compliance with the requirements of paragraphs 11 and 12 in the previous calendar year. From 2012, the implementation and achievement of the measures, indicators and target values in accordance with paragraph 13 in the previous calendar year shall also be reviewed. Compliance with the requirements of paragraphs 11 and 12 shall be demonstrated by the Director-General of the regulatory authority by 31 March at the latest. For the purpose of verifying the implementation and achievement of the measures, indicators and target values referred to in paragraph 13 in the previous year, the Commission shall, from 2012 to 28 February, submit a report to the Commission, including the necessary To submit documents. The audit committee has to review the measures, indicators and target values by 31 March, and to communicate their audit findings together with a review report from the regulatory authority.

(15) The regulatory authority shall determine whether the conditions for the retribution referred to in paragraph 14 have been met in the previous year. If this is not the case, the regulatory authority shall recover the retribution referred to in paragraph 11 (1) (1) of the previous year, and the funds shall be transferred to the Federal Minister of Finance. An offsetting with the amount of retribution to be granted for the current year (para. 11 Z 1) is permitted.

(16) The funds paid out in the course of such charges shall be deemed to be a means of programme remuneration within the meaning of this Act.

(17) The programme fee shall be charged at the same time as the broadcasting fees and in the same way as these; a different kind of payment shall not pay the debt.

(18) In the interests of the Austrian Broadcasting Service, the backward programme charges may be brought in the administrative way in the same way as the return of broadcasting fees charged with the introduction of the licence fee.

(19) Tarifa for commercial communication can be made easily, directly and permanently on the website of the Austrian Broadcasting Company. The collective agreements have to contain provisions on price, performance, form, discounts and discounts for commercial communication. The award of any commercial communication other than those regulated in the collective bargaining agreement shall be inadmissible. Countertransactions in exchange or similar shall only be permitted under precise conditions and shall be disclosed separately. The collective bargaining agreements shall be notified to the regulatory authority. The amount of the program fees shall be published in the "Official Journal of the Wiener Zeitung" as well as on the website of the Austrian Broadcasting Company. "

(77) The following Section 6a is inserted in accordance with Article 31a:

" 6a. Section

Competitive behaviour of the Austrian Broadcasting

Transfer of sports rights to third parties

§ 31b. (1) In the context of the legal admissibility, the Austrian Broadcasting Corporation has, on request, subject to appropriate remuneration, a permit for the use of sports broadcasts for the types of exploitation necessary for the consignment. to grant or withdraw not exclusively to grant the right to produce a sports broadcast, provided that it does not radiate these sports broadcasts itself in its programmes pursuant to § 3 (1) and (8).

(2) The Austrian Broadcasting Corporation has at any time to provide interested broadcasters with information on which broadcasting rights in accordance with paragraph 1 can be passed on. He has to make this information available online in good time and the decision on which broadcasting rights can be passed without undue delay.

(3) The ordinary courts shall decide on claims arising from paragraph 1.

Market-conformist behavior

§ 31c. (1) Funds which are to be flown to the Austrian Broadcasting Corporation may not be used in a manner which distorts competition in order to comply with the public service contract. In particular, Österreichische Rundfunk may not use these funds to:

1.		to acquire broadcasting rights in excess of prices which are not justified by commercial principles;
2.		To award commercial communications at prices that are too low in terms of commercial principles and merely serve to increase the market share of the advertising market at the expense of competitors.

(2) Business relationships within the Austrian Broadcasting Corporation, between the Austrian Broadcasting Corporation and its subsidiaries (Section 2 (2)) or between the subsidiaries, insofar as they relate to relations between the Austrian Broadcasting Corporation and the Austrian Broadcasting Corporation (Österreichischer Rundfunk). Business units which, on the one hand, carry out activities in the context of the public service contract and, on the other hand, the business sectors which carry out commercial activities, are to comply with the principle of foreign comparison. This principle has been complied with when these business relations are carried out under conditions which would cause economically acting third parties to be based in their business conduct.

(3) Commercial activities of the Austrian Broadcasting Company, its subsidiaries or its affiliated companies have the principle of the commercial private investor in the sense of the Article 107 TFEU shall be appropriate. In particular, an investment in the initial financing of new commercial activities may only be made if the profitability of this investment is to be expected, which also means that an economically active private investor would be able to Investment would be made. "

78. In § 32 (2) and (3), the term shall be followed by the phrase "Design of" a space and the phrase "Online offers and" inserted.

79. In § 32, the word order shall be given in paragraph 7 "Company Employee Pension Act (BMVG)" through the phrase "Occupational and Selfemployment Pensions Act-BMSVG" and in paragraph 8 of the parenthesis "(BMVSG)" by "(BMSVG)" replaced.

80. In Section 33 (6) and in Section 37 (2), the word order shall be "the Federal Communications Senate" through the phrase "the regulatory authority" replaced.

81. In § 33, paragraph 6, the word in the first sentence shall be: "six" by the word "eight" and in the last sentence, the word "two" by the word "four" replaced.

82. In Section 34 (3), the phrase "the Chairman of the Federal Communications Council" through the phrase "the regulatory authority" replaced.

83. § 35 together with headline reads:

" Regulatory Authority

§ 35. (1) The Federal Government's supervision of the Austrian Broadcasting Corporation is limited to supervision in accordance with the provisions of this Federal Law, without prejudice to the audit by the Court of Auditors. The regulatory authority shall be responsible for legal supervision. In addition, the regulatory authority shall decide on objections in accordance with section 33 (6).

(2) The regulatory authority shall also be responsible for legal supervision of the activities of the subsidiaries of the Austrian Broadcasting Corporation in order to comply with the provisions of this Federal Law.

(3) In the sense of this Federal Act, the regulatory authority shall, unless otherwise specified, be the KommAustria. "

§ 36 together with headline reads:

" Legal supervision

" § 36. (1) In addition to the other cases referred to in this Federal Act and in the KommAustria Act, the regulatory authority shall decide on the infringement of the provisions of this Act in cases where no other administrative authority or a court is competent to do so. Federal law, with the exception of the provisions of the 5a. Section or over the violation of the scope of an offer concept, including any conditions granted pursuant to Section 6b (2)

1.		on the basis of complaints
a.			a person who claims to be directly harmed by a breach of the law;
b.			a broadcaster for broadcasting or exempted from the broadcasting fee, in the sense of the Broadcasting Law, provided that the complaint is lodged by at least 120 such persons or persons who have a licence fee or with a licence fee; or -a person exempted from this fee to reside in the common household, and
c.			of a company whose legal or economic interests are affected by the alleged infringement.
2.		on request
a.			the federal or a country;
b.			of the Council;
c.			of at least one third of the members of the Board of Trustees;
d.			the association for consumer information or a legal representation of interests, insofar as in television programs a violation of the provisions of § 13 para. 1, 2, 3, 4, first sentence, 5 and 6, § 14 para. 1, and 5 penultimate and last sentence, or § § § § § § § § 13. 15, 16 and 17 (1) to (3) are claimed;
e.			as far as a violation of the in lit. (d) also one of the provisions set out in the Official Journal of the European Communities by the European Commission in accordance with Article 4 (3) of the Directive 98 /27/EC on injunctions for the protection of consumers ' interests, OJ L 206, 22.7.1998, p. No. OJ L 166, 11.6.1998, p. 51, as last amended by Directive 2006 /123/EC, OJ L 166, 11.6.2006, p. No. OJ L 376, 27.12.2006 p. 36 , published posts and organisations of another Member State of the European Union, provided that:
1.				the interests protected by that body are affected in that Member State; and
2.				the purpose of the institution, as stated in the publication, justifies the application.
3.		because of its own
a.			insofar as there are reasonable grounds for suspecting that offers provided pursuant to § 3 (5) (2) or (8) of the programme are not subject to the provisions of § § 4b to 4f and the offer concepts (§ 5a), including all-forfeits pursuant to § 6b (2) -the drawn-out framework;
b.			on the basis of examination reports pursuant to § 40 (6), in so far as there is reasonable suspicion of a violation of the provisions of § § 8a, 31c and 39 to 39b.

(2) The support of a complaint pursuant to paragraph 1 Z 1 lit. b is to be proved by a list of signatures from which the identity of the persons who support the complaint can be identified.

(3) Complaints shall be submitted within six weeks, applications shall be submitted within six months, calculated from the date of the alleged violation of this Federal Act. Clearly unfounded complaints and requests are to be rejected without further proceedings.

(4) The Austrian Broadcasting Corporation shall keep records of all of its broadcasts and online offers and keep them for at least ten weeks. In the event of a request from the regulatory authority, it shall make the necessary records available to it. In addition, he has every person who is able to do so in a legal interest to provide insight into the records. "

85. In § 37 (1) and (2), the word order shall be "the Federal Communications Council" through the phrase "the regulatory authority" replaced.

86. In Section 37 (2), the phrase "from the Federal Communications Senate" through the phrase "from the regulatory authority" and in each case the word "Broadcasting Act" by "ORF Law" replaced .

87. In Section 37 (3), the phrase "within six weeks" through the phrase "without unnecessary delay, but at the latest within six months" replaced.

88. In 37 (3) and (4), the phrase shall be "The Federal Communications Senate" through the phrase "The regulatory authority" replaced.

89. In § 37 (4), the word "his" by the word "their" replaced and after the phrase "in which programme" the phrase "or in which online offer" inserted.

§ 38 reads:

" § 38. (1) An administrative surrender shall be punished and shall be punishable by a fine of up to EUR 58 000 who, in so far as the provisions set out below apply to its activities, shall organise a programme in accordance with the provisions of this Federal Act, a programme which shall be Offers or otherwise provides an online offer and in doing so

1.		, the programme principles of § 10 (1), (2) or (11) to (13) are violated;
2.		§ 13 (4), § 13 (1) to (6), § 14 (1), (3) to (5) and (9) or § § 15 to 17.
3.		Contrary to § 4a, no quality assurance system operates, does not carry out a programme structure analysis or does not carry out public monitoring or violates § 4a, paragraph 7;
4.		Contrary to § 7, no report shall be submitted;
5.		it does not carry out a preliminary examination in accordance with § 6
6.		Contrary to § 8a, commercial activities do not separate organisational or computer activities from the activities under the public service contract, use funds from the programme fee for commercial activities or are contrary to section 8a (6);
7.		§ 9b;
8.		Contrary to § 31b, no information is provided or information is not posted online;
9.		Contrary to Section 31c (2), does not comply with the principle of the foreign trade;
10.		contrary to Section 39 (5), no separation invoice has been drawn up.

(2) An administrative surrender shall be carried out and shall be punishable by a fine of up to EUR 36 000, who shall be contrary to section 38a (3), § 38b (2) or § 40 (5).

(3) An administrative surrender in accordance with paragraph 1 does not exist if the act constitutes the offence of a criminal act falling within the jurisdiction of the ordinary courts or, in accordance with other administrative criminal provisions, with a stricter penalty is threatened.

(4) Administrative penalties shall be imposed by the regulatory authority. The penal funds are being paid to the federal government. "

91. According to § 38, the following § § 38a and 38b shall be inserted together with the headings:

" Levies procedure

§ 38a. (1) The regulatory authority shall, without prejudice to a decision pursuant to § § 37 or 38, arrange for the levy of revenue from the programme charge to be ordered when the Austrian Broadcasting Authority (Österreichische Rundfunk)

1.		appropriations from the programme charge used for activities which exceed the limits of the public service contract, in particular for which an order preliminary examination would have been carried out but not carried out or in respect of which the after carrying out the preliminary examination, have adopted a negative decision in the amount of this appropriation; or
2.		has increased the need for financing from the programme fee by means of a behaviour in accordance with § 31c, without this being necessary for the fulfilment of the public service contract, to the extent of the increase in the programme's programme, or
3.		has made an education or a doping of a special reserve contrary to the provisions of Section 39a.
Funds from the programme fee within the meaning of this provision are to be considered to be equivalent to funds which would be deducted in the determination of the programme remuneration in accordance with section 31 (3).

(2) Due to a levy ordered by a communication, the Austrian Broadcasting Corporation has to supply the funds in the ordered amount to the blocking account in accordance with § 39c and to expel them separately. If the funds thus depleted exceed 0.5 vH of the net cost of the public service contract, the Austrian Broadcasting Corporation has to redefine the programme fee at the latest in the following year, in accordance with the provisions of section 31, and which according to the provisions of (1) deducting funds from the net costs of the public service contract (Section 31 (5)).

(3) The Austrian Broadcasting Authority shall, upon request, make available to the regulatory authority all information, to provide it with all information and to provide it with an insight into all records and books, to the extent that this is necessary in order to: The amount of levies shall be determined. To the extent that the regulatory authority is unable to determine or calculate the amount of levies on the basis of information, information, records or books, it shall estimate the amount of the levy. Account shall be taken of all the circumstances which are of importance for the estimation.

(4) In particular, if the Austrian Broadcasting Corporation does not submit any books or records which it has to carry out in accordance with the law, or if the books or records are objectively incorrect or if such a formal language is not correct. Have deficiencies which are likely to cast doubt on the factual accuracy of the books or records.

(5) In accordance with paragraph 1 (2), no action shall be taken if the conduct of the offence is the Article 102 TFEU is fulfilled.

Depletion of enrichment

§ 38b. (1) If the regulatory authority finds that the Austrian Broadcasting Corporation has obtained an economic advantage by means of an illegal act contrary to the provisions of § § 13 to 17, or the revenue limit according to § 18 (1) of the Act of the Austrian Broadcasting Act (§ 18 (1)). , it may fix an amount in the amount of the economic advantage obtained and declare it to be depleted.

(2) The Austrian Broadcasting Authority shall, upon request, make available to the regulatory authority all information, to provide it with all information and to provide it with an insight into all records and books, to the extent that this is necessary in order to: The amount of levies shall be determined. To the extent that the regulatory authority is unable to determine or calculate the amount of levies on the basis of information, information, records or books, it shall estimate the amount of the levy. Account shall be taken of all the circumstances which are of importance for the estimation.

(3) The estimated amount shall be paid to the Federal Government. "

92. § 39 (2) reads:

" (2) The net profit resulting from the annual financial statements shall be based on the allocation of the reserves permitted under the income tax rules, the possible doping of a special reserve pursuant to section 39a, or after taking into account a Use of funds under the conditions of § 39b of a separate reserve (dedicating reserve). The dedication reserve may only be used for the performance of the public service contract. It may also be used to cover losses arising from the performance of the public service contract and shall be used as a priority for this purpose. "

93. According to Article 39 (2), the following paragraph 2a is inserted:

The dedication reserve shall be limited by an amount equivalent to 10 vH of the estimated cost of compliance with the public service contract, calculated on the basis of the annual cost estimated in the previous five years. A supply to the dedication reserve in accordance with paragraph 2 may only take place until the amount is reached after the first sentence. The additional share of the net profit is to be supplied to the blocking account in accordance with § 39c and to be issued separately there. If, in three consecutive years, surpluses are allocated to the blocking account, the Examination Commission must determine, in the course of the annual examination, whether the amount of the programme budget is subject to the actual financial requirements of the Austrian Radio corresponds. If this is not the case, the program fee shall be redefined in the following year at the latest in accordance with the provisions of section 31 (1) of the Austrian Broadway Act (ORF-G). "

93a. In Section 39 (4), the phrase " Commission Directive 80 /723/EEC on the transparency of financial relations between Member States and public undertakings, as amended by Directive 2000 /52/EC, OJ L 327, 30.11.2000, p. No. L 193, of 29 July 2000, S 75 " through the phrase " Commission Directive 80 /723/EEC on the transparency of financial relations between Member States and public undertakings, and on financial transparency within certain undertakings, OJ L 327, 30.11.1980, p. No. 75, as amended by Directive 2005 /81/EC, OJ L 327, 30.12.2005, p. No. OJ L 312, 29.11.2005 p.47 " replaced.

(94) The following paragraph 5 is added to § 39:

" (5) The Austrian Broadcasting Corporation has to draw up an instruction on the separation calculation in which the cost accounting principles referred to in paragraph 4 are to be set out and specific instructions for action should be included, such as the allocation of costs and revenues to to the individual business units. The instructions for the separation calculation are to be sent to the Examination Commission (§ 40) and to the regulatory authority. The regulatory authority shall prohibit the guidance on the separation invoice within eight weeks of being sent, if it is incompatible with the provisions of this law. "

95. According to § 39, the following § § 39a to 39c are inserted:

" Special reserve

§ 39a. (1) The formation of a special reserve by the Austrian Broadcasting Corporation is only permitted for specific projects of the following kind:

1.		basic corporate restructuring measures, including accompanying costs;
2.		Large-scale investment in property, plant and equipment for the fulfilment of the public service contract;
3.		conversion costs associated with technical innovations, which do not directly affect the scope of the tenders in the public service contract.
All projects must be those that are clearly different from those in the course of ongoing operations; they do not include the ongoing financing of public service programmes and offers.

(2) At the time of the formation of a special reserve or the subsequent supply of funds to this reserve, the project has to be described in concrete terms and must be sufficient to cover both the entry and the total costs of the project. Probability. The special reserve may be formed at the earliest from a date of five years prior to the expected start of the project.

(3) The formation of an assigned special reserve may only be made if the estimated total cost of the project in question exceeds the amount of EUR 10 million; the admissibility of its formation shall be independent of the amount of the project for which it is based. Projects selected. The maximum amount of the special reserve shall be limited to the present value of the estimated cost of the project, and an interest rate may be included.

(4) The use of a special reserve shall be carried out exclusively within the framework of the purpose-binding, in the same way as the actual expenses incurred, but at the latest on the duration of the discontinuation of wear in the sense of the tax law. Regulations. An early purpose-bound use is possible at any time.

(5) A resolution of the special reserve, which does not take place within the framework of the purpose binding, can only be made via the blocking account (§ 39c). In any event, such a resolution shall take place if the assigned resolution in favour of the project has not commenced within a period of not more than five years from that date which, in the case of the formation of the special reserve as an expected start of the project, has been commenced. Execution of the project has been established.

(6) The formation, doping and use of The resolution of special reserves shall be subject to the approval of the Board of Trustees. Furthermore, the planned formation and dissolution of an assigned special reserve must be brought to the attention of the Examination Commission and the regulatory authority as soon as such a special reserve is drawn up in advance of the preparation of the annual financial statements. In the course of the annual examination, the measure shall be examined separately.

Capital adequacy

§ 39b. (1) In the past financial years, limited to the current financial period and the previous financial period, the equity of the Austrian Broadcasting Group has decreased due to losses arising from the fulfilment of the public service contract. the Austrian Broadcasting Corporation shall increase its own capital freely available for the performance of the public service contract, provided that the continued fulfilment of the public service contract in the medium term without this increase no longer is ensured.

(2) The increase shall be subject to the following conditions:

1.		without the increase, the continued fulfilment of the public service contract in the medium term (over a period of five years) is no longer ensured;
2.		the capital supplied may be used exclusively for the performance of the public service contract and not for commercial activities;
3.		the capital of the Austrian Broadcasting Group has fallen in the current and/or the previous financial period by losses resulting from the fulfilment of the public service contract;
4.		the increase does not exceed the level of those losses.

(3) The assessment of the necessity of an increase in equity for the continued performance of the public service contract shall take account of both the risk of insolvency and of a computational overindebtedness.

(4) The following forms of increase in the freely available equity capital are permitted:

1.		Formation of a free reserve from any surpluses already supplied to the dedication reserve on the net cost of the public service order;
2.		Formation of a free reserve from any surpluses supplied to the lock account on the net cost of the public service order;
3.		Formation of a free reserve from revenue from the programme's charge;
4.		Formation of a free reserve from separately supplied state funds after approval by the European Commission, in addition to the conditions set out in paragraphs 2 and 3. There is no legal claim of the Austrian Broadcasting.

(5) The capital adequacy measures referred to in paragraph 4 (1) (1) to (3) shall be approved by the Board of Trustees. Furthermore, in the cases referred to in paragraph 4 (1), the planned use of funds of the dedication reserve of the Examination Commission and of the regulatory authority must be brought to the attention of the Commission as soon as such a preparation in the run-up to the preparation of the annual financial statements is . In the course of the annual examination, the measure shall be examined separately. In the cases referred to in paragraph 4 (4) (2) and (3), the application of the measure must be applied for in advance to the regulatory authority. The regulatory authority shall, on the basis of an opinion from the Examination Commission, determine whether and to what extent an increase is admissible and to authorise the measure in the presence of the legal requirements.

Lock Account

§ 39c. The Austrian Broadcasting Corporation has a blocking account for the collection of the funds infused pursuant to section 31 (6), § 38a, § 39 (2a) and § 39a (5), respectively, and has to show them separately. The use of the funds of the blocking account shall be carried out in accordance with the provisions of section 31 (5), section 38a (2) and section 39b (4). "

§ 40 together with the headline is:

" Audit Commission and annual audit

§ 40. (1) The annual accounts and the management report and the consolidated financial statements and the group management report shall be examined by an audit committee consisting of at least two members, without prejudice to the control by the Court of Auditors, which shall be responsible for the To carry out a joint report and to submit a joint report on this. If the members of the examination board come to different results, this should be recorded separately in the examination report.

(2) The members of the Examination Board shall be ordered by the regulatory authority for the duration of five financial years. Only auditors or auditing companies may be appointed as a member of the Examination Board. In the selection of the members of the Examination Board, it is important to ensure that the auditor or the accounting firm has the structures that are necessary for an efficient audit of companies and groups with similar Sales volume is required and has experience in the audit of such companies and groups. In addition, § 271 UGB applies for the selection of the members of the Examination Board, but with the proviso that the grounds for exclusion may not be present in the current financial period or during the previous financial period. Members shall not be members of the Examination Commission in two successive periods of operation. The examination committee may draw up its own rules of procedure. The remuneration of the members of the examination board shall be made by the regulatory authority. § 270 (5) of the German Commercial Code (UGB) is applicable to remuneration. The regulatory authority shall notify the Austrian Broadcasting Authority of the remuneration requirements it has paid for it.

(3) The Examination Committee shall examine the annual accounts, including the accounts and the management report, within three months from the date of submission of the accounts. The subject matter and scope of the examination shall apply in accordance with § 269 UGB. In addition, the examination also has to do with the economy, efficiency and usefulness of the management of the business, as well as the conformity of the accounts and the management of the transactions with the statutory regulations, in particular with § 8a, § 31c and § § 39 to 39b. To this end, the Examination Committee has to inspect the entire accounts of the Austrian Broadcasting Board on the basis of random checks. Without prejudice to § 2 (3) second sentence, the audit authority also includes the control of the scope of the activities of subsidiaries within the meaning of this provision, as well as compliance with the restrictions of § § 8a and 31c (2) and (3).

(4) The regulatory authority may grant specific examination orders to the Examination Commission at any time and also away from the annual audit.

(5) All institutions and staff of the Austrian Broadcasting Service shall provide the members of the examination board and the regulatory authority with access to all documents and shall provide all necessary information. In addition, § 272 of the German Commercial Code applies analogously.

(6) § § 273 and 274 of the German Commercial Code (UGB) on the audit report and on the audit opinion shall be applied in accordance with the relevant provisions. The report also contained statements on all findings in connection with the examination referred to in paragraph 3, third sentence. An audit report shall also be drawn up in the case of self-employed audits as referred to in paragraph 4. The audit report shall be submitted to the Director-General and the Board of Trustees for their opinion within four weeks, and thereafter to the regulatory authority, together with the opinions delivered. The audit reports and all documents forming the subject of the examination shall be kept for a period of at least three periods of financing and shall be kept ready for any verifiable check-up.

(7) The members of the Examination Board shall not be subject to a duty of secrecy in relation to the regulatory authority. The members of the Examination Board shall provide the regulatory authority with all information and documents required by the regulatory authority to exercise the powers conferred on it by law. The regulatory authority may, in the exercise of the statutory audit obligations, draw on experts. "

97. § 47 reads:

" § 47. (1) This federal law provides for Directive 2010 /13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), OJ L 327, 28.1.2010.. No. OJ L 95, 15.4.2010 p. 1. This federal law has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services, OJ L 206, 22.7.1998, p. No. OJ L 204 of 21.07.1998 p. 37, as last amended by Directive 2006 /96/EC, OJ L 327, 30.12.2006, p. No. OJ L 363, 20.12.2006, p. 81, notified (No 2010 /136/A).

(2) With this federal law, the Directive 98 /27/EC on injunctions for the protection of consumers ' interests, OJ L 206, 22.7.1998, p. No. OJ L 166, 11.6.1998, p. 51, as last amended by Directive 2006 /123/EC, OJ L 166, 11.6.2006, p. No. OJ L 376 of 27.12.2006 p. 36.

(3) This federal law provides for the Commission Directive 80 /723/EEC on the transparency of financial relations between Member States and public undertakings, and on financial transparency within certain limits. Enterprise, OJ C No. 75, as amended by Directive 2005 /81/EC, OJ L 327, 30.12.2005, p. No. OJ L 312, 29.11.2005 p.47. "

Section 48 (6) reads as follows:

" (6) Unless otherwise specified in this federal law, the media law, BGBl, shall remain. No. 314/1981, and the E-commerce Act, BGBl. I n ° 152/2001, as well as the advertising provisions of the Medicines Act, BGBl. No. 185/1983, the Medical Devices Act, BGBl. No 657/1996, and shall be without prejudice to advertising restrictions existing in the legislation governing the exercise of health-care professions. '

99. In § 49, para. 4, the parenthesis shall be "(BMVG)" by "(BMSVG)" replaced.

100. The following paragraph 9 is added to Article 49:

" (9) § § 1 to 21, 23, 26, 28, 30 to 31, 31b to 40 and 47 to 50 including section names, section headings, section names and sections of the section in the version of the Federal Law BGBl. I No 50/2010 will be 1. October 2010, in force. § 16 in the version of the Federal Law BGBl. I No 50/2010 shall apply only to consignments produced after 19 December 2009. The provision of Section 24 (2) in the version of the Federal Law BGBl. I n ° 50/2010 shall enter into force 1. Jänner 2012 in force. "

101. § 50 reads:

" Transitional provisions

§ 50. (1) For the sports-saving programme in accordance with § 4b the Austrian Broadcasting Authority has an offer concept (§ 5a) for the first time no later than six months after the entry into force of the Federal Law BGBl. I No 50/2010. Up to this point in time and until the expiry of the period referred to in § 5a (2) after the submission of the offer concept, the sports-saving programme may in any case be provided. The sports-saving programme shall not be subject to an order pre-examination within the scope of Section 4b.

(2) For online offers according to § 4e, which are already available on the 31. January 2008 was provided by the Austrian Broadcasting Corporation (Österreichischer Rundfunk) between the 31. Jänner 2008 and the entry into force of the Federal Law BGBl. I n ° 50/2010 have been newly created or amended, the Austrian Broadcasting Authority (Österreichischer Rundfunk) has for the first time ever six months after the entry into force of the Federal Law BGBl (German Federal Law Gazette). I No 50/2010. During this period, Österreichische Rundfunk may continue to provide these online offers. Such offers shall not be subject to an order preliminary examination.

(3) For online offers pursuant to § 4f the following transitional provisions apply:

1.		For online offers according to § 4f, which are already available on the 31st Austrian Broadcasting Corporation. In January 2008, the Austrian Broadcasting Authority (Österreichische Rundfunk) of the regulatory authority (Austrian Broadcasting Authority) has for the first time been providing BGBl for the first time up to six months after the entry into force of the German Federal Law. I No 50/2010. During this period, Österreichische Rundfunk may continue to provide these online offers. Such offers shall not be subject to an order preliminary examination. The Futurezone.ORF.at and oe3.orf.at/instyle offers are different from the above mentioned rates 1. October 2010.
2.		For online offers according to § 4f, which are from the Österreichischer Rundfunk between the 31. Jänner 2008 and the entry into force of the Federal Law BGBl. I n ° 50/2010 have been newly created or amended, the Austrian Broadcasting Authority (Österreichischer Rundfunk) has for the first time ever six months after the entry into force of the Federal Law BGBl (German Federal Law Gazette). I No 50/2010. Are the requirements of § 6 in comparison to the provisions of 31. In accordance with § 4f, January 2008, an order pre-examination must also be carried out within the time limit set out in the first sentence. Online offers pursuant to paragraph 3 Z 2 may be made available without commercial communication until the end of the period referred to in § 5a (2) or, where appropriate, until the conclusion of the order pre-examination.

(4) The Austrian Broadcasting Corporation has the guidance on the separation calculation according to § 39 paragraph 5 within 12 months after the entry into force of the Federal Law BGBl. I No 50/2010. The necessary measures for the organisational and accounting separation according to § 8a are to be completed by 31 December 2010.

(5) In the preparation of the annual financial statements and the consolidated financial statements for the year 2010, the provisions of the 9. Section in the version of the Federal Law BGBl. I No 50/2010. At the level of the examination, consideration shall be given to the transitional period referred to in the preceding paragraph.

(6) With the entry into force of this Federal Law in the version of the Federal Law BGBl. I n ° 50/2010 is the most recent according to § 40 in the version of the Federal Law BGBl. I n ° 159/2005, the Examination Committee was dissolved.

(7) The BGBl Act, as amended by § 3 (4a), (6) and (7) and § 5 (1) and (4) of the Federal Law of the Federal Republic of Germany. I n ° 50/2010 the Austrian Broadcasting Corporation has until six months at the latest after the presentation of the Federal Law BGBl (Federal Law Gazette). I No 50/2010. '

Article 6

Amendment of the Private Television Act

The private television law, BGBl. I n ° 84/2001, as last amended by the Federal Law BGBl. I n ° 7/2009, shall be amended as follows:

1. The title is: