Amendment Of The Federal Constitution Act, The Kommaustria Act, The Telecommunications Act 2003, The Recovery Act 2006, Of The Orf Law, Of The Private Tv Law, Of P...

Original Language Title: Änderung des Bundes-Verfassungsgesetzes, des KommAustria-Gesetzes, des Telekommunikationsgesetzes 2003, des Verwertungsgesellschaftengesetzes 2006, des ORF-Gesetzes, des Privatfernsehgesetzes, des P...

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50 federal law that modifies the Federal Constitutional law, the KommAustria Act, the Telecommunications Act 2003, the Recovery Act 2006, the ORF Act, the private television Act, the private radio Act and the Television Act on exclusive rights

The National Council has decided:

Article 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, most recently amended by the Federal Constitution Act, Federal Law Gazette I no. 127/2009, is amended as follows:

1. in article 20 para 2 first sentence following Z 5a inserted:



"5a. the supervision and regulation of electronic media and the promotion of the media," 2. Article 20 para 2 last sentence is the phrase "in accordance with the Nos. 2, 3 and 8" by the phrase "in accordance with the No. 2, 3, 5a and 8" replaced.

3. Article 151 is added the following paragraph 42:

"(42) article 20 para 2 as amended by Federal Law Gazette I no. 50/2010 effective with October 1, 2010."

Article 2

Amendment to the KommAustria Act

The KommAustria Act, Federal Law Gazette I no. 32/2001, as last amended by Federal Law Gazette I no. 134/2009, is amended as follows:

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

"Article 1

Regulatory authority

Communications Authority Austria

§ 1 (1) to the management and care of the regulatory tasks in the field of electronic audio media and electronic audiovisual media including the supervision of the Austrian Broadcasting and its affiliates, is the communication authority ("KommAustria").

(2) the KommAustria also is promoting management for media according to bundesgesetzlicher rules."

2. paragraph 2 paragraph 1:

"(1) the management and care of the regulatory tasks in the sense of § 1 para 1 includes the tasks assigned to the KommAustria by separate federal regulations, in particular:"



1 Association and authorisation procedures according to the PrR-G, BGBl. I no. 32/2001, and the AMD-G, BGBl. I no. 84/2001, 2. procedures for the shared use of transmitters according to § 8 ORF-G, Federal Law Gazette I no. 83/2001, 3. preparation, implementation and further development of digital broadcasting, 4. issuance of permits for the operation of the technical equipment necessary for the organisation of radio and spectrum management to the TKG 2003 , BGBl. I no. 70, 5 other proceedings pursuant to § 120 TKG 2003, 6 perception of legal supervision of private broadcasters and media service providers as well as administrative penal proceedings in accordance with the PrR-G and the AMD-G, 7 monitoring of compliance with the provisions of the 3rd section of the ORF law, as well as the advertising regulations of §§ 9-9 b and 18 G of ORF Austrian Broadcasting and its subsidiaries, as well as the compliance with the provisions of paragraphs 31 to 38 and 42a to 45 G of AMD and the sections 19 and 20 PrR-G by private broadcasters and media service providers. To fulfill this task, KommAustria or at least monthly, regular intervals for all broadcasters and media service providers has include evaluations of programmes and media services, commercial communications, perform. In the case of the Austrian Broadcasting Corporation, also the online offerings are covered. Within four weeks, starting from the time of the broadcast of the programme or the provision, are those results where she suspected a breach of those provisions, to comment within a period of two weeks to submit the Austrian Broadcasting (its subsidiary) or the private broadcasters and media service providers. Taking into account the received opinion has the KommAustria in case of justified suspicion by virtue to pursue the violation, 8. procedures after the cartel of 2005, Federal Law Gazette I no. 61, and the WettbewerbsG, Federal Law Gazette I no. 62/2002, KommAustria position an Office party does to, 9 perception of the legal supervision of the Austrian Broadcasting and its subsidiaries, as well as execution of administrative penal proceedings under the ORF Act ", 10 tasks after the FERG, Federal Law Gazette I no. 85/2001, 11 administrative penal proceedings after the ZuKG, Federal Law Gazette I no. 60/2000."

3. § receives 2 para 2 the designation (3); 2 the following paragraph shall be inserted:

"(2) the promotion of management in the field of media in the sense of § 1 para 2 includes the tasks entrusted to the KommAustria by separate legal provisions, in particular:"



"1 management and allocation of funds to the PresseFG 2004, Federal Law Gazette I no. 136/2003, 2 management and allocation of the funds referred to in section II of the Afpemi, BGBl. No. 369/2004, 3. Management and allocation of funds according to § 33."

4. articles 3 and 4 and headings are:

"Establishment and members of the KommAustria

§ 3 (1) KommAustria consists of five members, namely the Chairman, a Deputy Chairman and three other members. All members exercising their activity professionally. A member can be who has completed studies of in law or the law or political science studies and has over five years of legal experience only ordered.

(2) the Chairman, the Deputy Chairman and the other members are appointed by the Federal President on a proposal from the Federal Government for a period of six years. A further order is allowed. The proposal has an invitation to tender for general application to go ahead. The call is to get by the Chancellor and published in the "Amtsblatt zur Wiener Zeitung".

(3) (constitutional provision) the Federal Government's proposal requires the agreement with the main Committee of the National Council.

(4) after the expiration of the term of Office of the current members continue the shops until the constituent meeting of the newly appointed members.

Incompatibility

§ 4 (1) in the KommAustria may be not working:



1. members of the Federal Government, Secretaries of State, members of Government, members of the National Council, the Federal Council or else a general representative body or of the European Parliament, also persons who are in an employment relationship to a political party or serve in a managerial position in a federal or State Organization of a political party, people who are in an employment relationship to a Club of a general representative body or associated with such a service , parliamentary employees within the meaning of the Parliament staff, as well as people lawyers and the President of the Court of Auditors;

2. persons in an employment relationship to a legal entity of the civic educational activities in the area of political parties (§ 1 Afpemi);

3. employees of the Cabinet of a Minister or offices of the Secretary of State or another in § 5, 6 or 8 para 1 of the reference law, BGBl. No. 273/1972, called body of the Federation or a land.

4. persons who are engaged in an organ of the Austrian Broadcasting Corporation;

5. persons in a service, to the Austrian broadcasting or its subsidiaries to an other broadcasters or an other media companies standing relationship of agency or company and take an activity of KommAustria claim people who are in a legal close to those, or are affected by this;

6 persons who are entrusted with representing the interests of media companies, in particular due to a job or service relationship with a legal advocacy or an any other interest group.

7 persons who have carried out one called Z 1 to 6 activities and functions within the last year.

(2) the members may exercise any activity for the duration of their duties, which could cause doubts about the independent performance of their duties or the suspicion of a bias or hindered them in the performance of their official duties or endanger essential official interests.

(3) the members are obliged to immediately bring activities that perform in addition to their work at the authority, the Chairman noted. The Chairman himself has such an activity to bring the Chancellor."

5. § 5 is named "§ 16."; the section heading is as follows:

"Establishment and organization of RTR-GmbH"

6. after section 4 the following article 5 together with heading is inserted:

"Termination of membership and new order

5. (1) the membership is terminated:



1. by lapse of time, 2 at death, 3. refusal, 4th in loss of eligibility for the National Council, 5. the General Assembly, noting that the Member due to severe physical or mental infirmity to a proper exercise of the function is unable, 6 by the General Assembly, stating that the Member has committed a gross breach of duty, 7 of the General Assembly, noting that there is an incompatibility pursuant to article 4.

(2) a member for reasons referred to in paragraph 1 Z 2 to 7 retires, so is immediately to a new Member for the remainder of the term of Office under application of article 3.


(3) in the case of the appointment of members referred to in paragraph 2, the Federal Government has to its proposal to seek an opinion of the KommAustria. KommAustria has the opinion, taking into account data protection requirements in an appropriate manner to publish."

7 paragraph 5a is eliminated.

8 paragraph 6 along with heading:

"Position of the members

6. (1) the members are independent and bound by any instructions in performance of their duties.

(2) the members shall B-VG according to article 20 para 3 to secrecy."

9 § 7 and heading is called "article 19".

10. According to § 6, following paragraphs 7 and 8 together with headings shall be inserted:

"Chairman and Deputy

The Chairman represents § 7 (1) the KommAustria to outside. He can transfer that competence, in particular the power to approve certain types of transactions, to other members in accordance with the rules of procedure.

(2) the presiding delegate representing the President in case of his incapacitation. In the premature retirement of Chairman of the new is Chairman pursuant to section 3 para 2 for the remainder of the term of Office immediately to order.

(3) the Chairman assigns the accumulating pieces of business in accordance with the rules of procedure and the allocation of business.

(4) the Chairman is whether to work in full respect of the independence of the members on a uniform jurisdiction and enforcement practice.

Internal arrangement

§ 8. KommAustria shall act in the General Assembly, senates or by individual members."

11 § 9 and heading is called "§ 20.".

12. According to § 8, 9 the following paragraph and heading shall be inserted:

"General Assembly

§ 9 (1) the General Assembly consists of all members. The General Assembly shall constitute a quorum in the presence of at least three members and decides by a simple majority of the members present. An abstention is not permitted.

(2) the constitutive session and all other sessions are convened by the Chairman.

(3) the General Assembly has the following duties:



1. adoption and amendment of the rules of procedure and the allocation of business;

2. election of the Chairmen of the Senate and the Senate members;

3. resolution on the activity report of the KommAustria;

4. publishing opinions on matters of fundamental importance, which fall within the execution scope of the KommAustria;

5. removal of members in accordance with article 5."

13 the §§ 9a get the labels "section 21" up to 9 m including headings up "section 33.". § § 10 and 10a and headings will receive the labels "section 34" and "paragraph 35". §§ 11 and 11a with headings, as well as the section name be omitted before section 11 and section heading of the 2nd section.

14 articles 12 to 14, including headings get the labels "§ 37." to "§ 39."; sections 15 to 18, including headings received the names "section 41." to "§ 46.".

15. after section 9 following pursuant to sections 10 to 15 including headings shall be inserted:

"Senate

§ 10 (1) the rules of procedure is used for carrying out legal tasks to set up the required number of divisions.

(2) each Senate consists of three members, with either the Chairman or the Chairman Deputy Chairman (Senate President). The determination is carried out by the General Assembly in the context of the rules of procedure and the allocation of business.

(3) the respective Senate Chairman concerned the management of the ongoing business of the Senate. In particular those transactions that serve the preparation of a decision or opinion of in a Senate KommAustria matters, with applicants, other persons and institutions and the issuing process executive orders, as far as they not procedure ending work obtaining for the decision-making required information and information, the carrying out of necessary correspondence is considered to be day-to-day in accordance with the rules of procedure. The Senate Chairman directs oral negotiations, handles the meeting police, announced the decision, where appropriate, and signed the negotiation protocol as well as the original copy of the notification. It decides on the fees for witnesses and parties, as well as the imposition of fees for non-official experts and non-official interpreters. The Senate Chairman also decides on applications for granting of suspensory effect provided in connection with applications for restitutio in integrum.

(4) the Chairman of the Senate can transfer the conduct of current business other members in accordance with the rules of procedure, insofar as they concern matters in which these members with complete drafting involved (Rapporteur).

(5) the Senate decide in the presence of all members by a simple majority. An abstention is not permitted.

Individual members

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

Rules of procedure and allocation of business

Section 12 (1) the General Assembly has to adopt its rules of procedure. In it, in particular the responsibilities of individual members and the Senate, including its composition, as well as the convening and the period of sessions of the General Assembly and of the Senate are closer to regulate.

(2) the distribution of shops is to regulate business distribution to be determined at the beginning of each calendar year.

(3) the rules of procedure and the distribution of business are in a suitable manner to publish.

Jurisdiction

13. (1) concerned the KommAustria those tasks which are assigned to it in section 2 of the Federal Act, as well as on the basis of separate bundesgesetzlicher regulations.

(2) the assignment of tasks to individual members or Senate by the rules of procedure and the allocation of business (§ 12) has the following paragraphs and the professional qualifications of the members to set up.

(3) the following matters can be done anyway by Senate:



1. allocation and approval after the PrR-G and the AMD-G, unless it's more party procedures;

2. procedures for shared use of transmitters;

3. legal supervision of broadcasters, media service providers and multiplex operators, with the exception of tasks with regard to compliance with the provisions of the advertising (§ 2 para 1 No. 7);

4. procedure of complaints (section 25 PrR-G, § 61 AMD-G);

5. issues of spectrum management in the field of broadcasting, including review of maps and withdrawal procedures;

6. planning and implementation of digitization, including the elaboration of the digitisation plan and creation of the digitalisation report;

7 competition regulation of broadcasting networks to the TKG 2003, as well as other tasks after the TKG 2003;

8 issue of the telecommunications legal permits for broadcasting to the TKG 2003, unless it's more party procedures;

9. methods with regard to dissemination of orders in cable networks;

10 tasks in procedures of the KartellG and the WettbewerbsG;

11 of the tasks according to the consumer authorities co-operation Act;

12 the official duties after the FERG;

13 legal supervision of the Austrian Broadcasting and its subsidiaries under the ORF Act with the exception of tasks with regard to compliance with the provisions of the advertising (§ 2 para 1 No. 7), in particular: a) procedures relating to compliance with the programming principles and objectivity bid;

b) Affairs of the subject of the company and the compliance with the statutory orders;

(c) appeals against editor speaker elections;

(d) matters of the organs of the Austrian Broadcasting Corporation and its resolutions;

(e) matters of the competitive behaviour of the Austrian Broadcasting Corporation and the economic conduct, insofar as this is assigned by the ORF law of the regulatory authority;

(f)) other procedures on complaints and requests.

(4) the following matters are to do in any case, by individual members:



1. for electronic audio and electronic audiovisual media: a) Association and approval procedures of the PrR-G and AMD-G, unless it is to a party process;

b) legal supervision in the context of the monitoring of advertising (§ 2 para 1 No. 7), including the legal supervision of the Austrian Broadcasting and its affiliates;

(c) matters of notifiable services outside the legal supervision;

(d) issue of the telecommunications legal permits for broadcasting to the TKG 2003, insofar as it is to a party process;

(e) approval of experimental farms, event and training broadcasting;

(f) setting the financial contributions by ruling.

2. media support: a) sales promotion (section II PresseFG 2004);

(b) regional aid (section III PresseFG 2004);

(c) promotion of quality/securing the future (section IV PresseFG 2004);

d) journalism subsidies (section II Afpemi);


(5) insofar as Affairs under the preceding paragraphs are not explicitly associated with the competence of a single member or a Senate, the jurisdiction of a Tribunal is to be provided in the rules of procedure. The jurisdiction of a Tribunal arises in proceedings pending before a single member at a later date, the procedure before the Senate is to continue.

(6) the jurisdiction in administrative penal proceedings follows the Division of jurisdiction in paragraph 3 and paragraph 4 Z 1.

Service and pay legislation

Section 14 (1) the appointment of a member of the KommAustria establishes a private service relationship with the Federal Government for the duration of the term of Office, if still no such interest exists. Appointed a federal agent as a member, he is on leave in the framework of his already existing employment relationship on the duration of the membership against elimination of the references. This parental holiday time is for rights which depend on the duration of employment into account.

(2) on the private employment referred to in paragraph 1 is the contract staff Act 1948 (VBG), BGBl. No. 86, g to apply with the exception of sections 29 to 29i, provided in this federal act otherwise is not intended. The service relations pursuant to par. 1 ends with termination of membership in accordance with article 5, paragraph 1.

(3) with the Chairman the Chairman of KommAustria completes for the Federal of Chancellor, for the other members of the service contract. The service function of the Federal Government against the Chairman exercises the Federal Chancellor, compared to the other members of the KommAustria Chairman.

(4) fees



1.



the Chairman a fixes monthly fee in the amount of the salary of a judge of the pay grade R3, salary level 6, according to § 66 RStDG;





2.



the presiding delegate a fixes monthly fee in the amount of the salary of a judge of the paygrade of R2, salary level 6, according to § 66 RStDG;





3.



the other members a fixes monthly fee in the amount of the salary of a judge of the paygrade of R2, salary level 5, according to § 66 RStDG.



(5) with the respective month fee all considered quantitative and time - additional services paid. 13.65% of the fixed monthly amount is considered to be compensation for temporary additional services.

(6) for members, their existing service relationship was karenziert to the Member, by ordering the previous revolting date continues to apply for the amount of annual leave and for the granting of an anniversary gift. The granting of an anniversary gift in the contractual employment relationship excludes the granting of such in karenzierten officials employed on the same occasion. Refer to the periods completed in karenzierten officials employed in the calculation of the duration of the employment contract pursuant to § are 24 VBG.

Control

Section 15 (1) the Federal Chancellor is authorized to inform of all items of the Executive Board and to demand all relevant information.

(2) the financial management of the KommAustria is subject to review by the Court of Auditors."

16. According to § 15, following section title and section heading shall be inserted:

"Part 2

Rundfunk und Telekom Regulierungs-GmbH"

17 paragraph 16 paragraph 1:

"(1) to support the KommAustria, the Telekom-Control Commission and the post-control Commission, as well as to meet other statutory tasks is a company with the company"Rundfunk und Telekom Regulierungs GmbH"(RTR-GmbH) established." Vienna is the seat of the company. The society is a not-for-profit. The company has two Managing Director, a General Manager for the Department of media and a Managing Director for the Department of telecommunications and post. The Managing Director for the media Department is appointed by the Federal Chancellor, the Managing Director for the Department of telecommunications and post of the Federal Minister of transport, innovation and technology. The company is guided by the competent managing director alone in the Professional Affairs of the respective areas, common in the other affairs of two business leaders. Any capital increases must be in the agreement between the Federal Chancellor, the Federal Minister of transport, innovation and technology and the Federal Minister of finance. The shares of the company are subject to the federal one hundred percent. The management of share rights for the Federal Government is the Chancellor in consultation with the Federal Minister of transport, innovation and technology."

18 paragraph 16 paragraph 5:

"(5) the Supervisory Board of RTR-GmbH have expert representatives of the Federal Chancellery and the Federal Ministry for transport, innovation and technology, as well as one belonging to the Chancellor and another Member ordered by the Federal Ministry of transport, innovation and technology." "Also include each one of the General Assembly of the KommAustria and a member of the Telekom-Control Commission's Supervisory Board."

19. According to section 16, following §§ 17 and 18 along with headings shall be inserted:

"Tasks of RTR-GmbH

Section 17 (1) the RTR-GmbH is the business line of the KommAustria in the field of electronic audio media and electronic audiovisual media and promotion management for media. She supported the KommAustria under their professional guidance and instruction in the fulfilment of the tasks entrusted to the KommAustria by law and objectives (article 2). The activity of RTR-GmbH includes in particular:



1. the administrative support in administrative procedures, as well as informing the public about the activities of KommAustria and the RTR-GmbH;

2. technical assistance in technical, economic and Legal Affairs in the of these leading techniques. In this area, in particular the preparation of technical and economic advice, calculations of supply capacity and interference potential transmission capacity, performs quality measurements, care international coordination procedures and the preparation and evaluation of the results of international conferences responsibility of RTR-GmbH;

3. support for the digitisation of broadcasting in Austria in accordance with the article 6 of the AMD-G, particularly the organisational support of the digital platform Austria, preparing produce and publish a digitization concept, as well as the digitization of reports, providing technical advice and performing calculations for the frequency-technical planning, preparation of tender the multiplex platform and approval procedures;

4. technical and administrative assistance in all matters of management and the allocation of funds according to § 2 para 2.

(2) the RTR-GmbH is the business line of the Telekom-Control Commission. Assisted the Telekom-Control Commission under their professional guidance and instruction in the fulfilment of the statutory tasks of the Telekom-Control Commission (§ 117 TKG 2003) and objectives (section 1 para 2 TKG 2003) both administrative support and technical assistance in technical, economic and Legal Affairs in the of this procedure leading. Also the RTR-GmbH is informing the public about the activities of the Telekom-Control Commission and RTR-GmbH.

(3) the RTR-GmbH is the business line of the post-control Commission. She supported the post-control Commission under their professional guidance in the performance and attainment of the statutory tasks of post-control Commission (§ 40 postal market Act, Federal Law Gazette I no. 123/2009) both administrative support and technical assistance in economic and Legal Affairs in the of this procedure leading. Also of RTR-GmbH is informing the public about the activities of the post-control Commission and RTR-GmbH in Affairs of the postal system.

(4) the RTR-GmbH I falls under the responsibility of the Executive Director for the Department of telecommunications and post the duties assigned to it according to the TKG 2003, the postal market Act, Federal Law Gazette No. 123/2009, § 7 ECG, Federal Law Gazette I no. 152/2000, and to the cartel of 2005.

(5) the RTR-GmbH is the duties assigned to it under the responsibility of the Executive Director for the Department of telecommunications and post after the signature Act, Federal Law Gazette I no. 190/1999.

(6) the RTR-GmbH has independently the following activities under the responsibility of the Executive Director for the Department of media:



1. Management and allocation of the funds from the Austrian digitization Fund;

2. Management and allocation of the funds from the Fernsehfonds 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 property resulting from the activities referred to in 1 to 4 Z and personnel expenses are financed exclusively from the resources of the respective funds.

(7) the RTR-GmbH has the task of building and the leadership of a competence centre in accordance with article 20 under the joint responsibility of the two managing directors.

Orders and supervision


Section 18 (1) in the course of their activities for the KommAustria is bound the RTR-GmbH exclusively at the orders and technical instructions of the Chairperson and the members.

(2) within the framework of its activities for the Telekom-Control Commission, as well as the post-control Commission, RTR-GmbH exclusively at the orders and technical Directives of the Chairman or of a Member referred to in the rules of procedure of the Telekom-Control Commission, as well as the post-control-Commission is bound.

(3) without prejudice to the rights of the general meeting and the Supervisory Board in accordance with the companies Act, RGBl. No. 58/1906, rests with the supervision of the operations of RTR-GmbH



1. insofar as professional and directly related organizational matters in the area of electronic audio media and electronic audiovisual media and promotion administration of KommAustria in the field of media, the Chairman of KommAustria.

2. insofar as professional and directly related organizational matters relating to the functions to be performed by the RTR-GmbH in the media Department independently, the Chancellor;

3. insofar as professional and directly related organizational matters in the telecommunications and postal services, the Federal Minister for transport, innovation and technology.

The respective organ can give reasonable instructions in fulfilling its supervisory rights of RTR-GmbH; in the case of the Nos. 2 and 3 are to provide them in writing and publishing.

(4) the bodies referred to in paragraph 3 are to furnish all information necessary for the performance of their duties under their supervision rights of the Managing Director of RTR-GmbH and to transmit the relevant documentation.

(5) the Federal Minister for transport, innovation and technology can revoke the appointment as the Managing Director for the Department of telecommunications and post, if this does not follow his instructions in accordance with paragraph 3 or a report referred to in paragraph 4 is not granted. The Chancellor may revoke the appointment as the Managing Director for the Department of media if an instruction referred to in paragraph 3 are not observed or not given information in accordance with paragraph 4. section 16 of the GmbH law, RGBl. No. 58/1906, is thus not affected.

(6) the Federal Minister for transport, innovation and technology is empowered to inform of all items of the Executive Board of the Telekom-Control Commission, post Senate of the Telekom-Control Commission, as well as the post-control Commission."

20 paragraph 19 together with the heading:

"Transparency and reporting

Decisions of KommAustria, the RTR-GmbH and the Federal Communications Senate are section 19 (1) taking into account data protection provisions in an appropriate manner to publish.

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

(3) the report shall each contain a section:



1. about the activity of KommAustria.

2. on the activities of the Telekom-Control Commission;

3. about the tasks and activities, staff development and the applied funding of RTR-GmbH, divided into departments;

4. to fulfil the reporting obligation according to § 34 ABS. 2 TKG 2003.

5. about the allocation of funds including a financial statement from the Austrian digitization Fund;

b. from the Fernsehfonds Austria;

c. from the Fund for the promotion of non-commercial broadcasting;

d. from the Fund for the promotion of private broadcasting;

6. If necessary, about the progress of work in the field of digitisation (§ 21 AMD-G).

(4) the report is the Federal Chancellor and the Federal Minister of transport to deliver innovation and technology by June 30 of each year. The report is by the Federal Chancellor, to present the National Council with regard to those matters which fall within the competence of the Federal Ministry of transport, innovation and technology, in agreement with this. Following the report by the RTR-GmbH in an appropriate manner to publish is."

21. in article 20 the comma is replaced in para. 2 No. 2 at the end of a point; ABS 2 Z 3 is omitted.

22. in paragraph 20, the phrase is in para 1 "industry broadcasting" by the phrase "the industry media" replaced.

23. in article 20, the phrase "the Managing Director of the specialist areas of broadcasting and telecommunications" is replaced by the phrase "the two managing directors" in paragraph 4.

24 Article 20 be added following paragraph 5 and 6:

"(5) activities of RTR-GmbH in the framework of the competence center require to the preceding paragraphs, provided they are of KommAustria or the Telekom-Control Commission in connection with the task pane for your implementation of the previous agreement with the Chairman of KommAustria or the Chairman of the Telekom-Control Commission. The Chairman shall be entitled to give the business leaders in the relevant technical area orders to the carrying out of activities within the framework of the competence center.

(6) the directors have annually submit a separate specialist areas and with respect to the activities referred to in paragraph 4 joint annual planning for activities to be conducted in the framework of the competence centre approval to the Supervisory Board. This is by the Supervisory Board in particular on adherence to the principles of economy, to examine efficiency and expediency. The managing directors have to report the Supervisory Board regularly on the implementation of activities in the framework of the competence centre."

25. before article 21, following section title and section heading shall be inserted:

"Section 3

Promotion"

26. in article 21, paragraph 2, the reference is "articles 9 b to 9e" is replaced by the reference "paragraphs 22 to 25".

27. in paragraph 22, first sentence is replaced by the reference "section 21" the reference "section 9a".

28. in article 23, paragraph 1, the following sentence is inserted after the first sentence:

"The creation of the policy has to be carried out in agreement with the KommAustria and the Chancellor."

29. in article 23, paragraph 4, of the first and the last sentence are eliminated.

30. in article 24, paragraph 1 Z 3 is the paragraph quote "§ 9 b Z 1" by the quotation of the paragraph "section 22 Z 1" replaced.

31. the paragraph heading before section 26 is as follows:

"Fernsehfonds Austria, targets, raising the financing"

32. paragraph 26 paragraph 1:

"(1) to support the production of films made for television (including television series, range, and documentation) are the RTR-GmbH annually in four equal high partial amounts by 30 March, 30 June, 30 September and 30 December transferred 13.5 million euros of the proceeds from the fees referred to in article 3, paragraph 1 RGG."

33. in article 26, paragraph 2, the word "Television film promotion fund" is replaced by the phrase "Fernsehfonds Austria".

34. in article 26, para. 3, first sentence, the quotation of the paragraph is "articles 9 g and 9 h" replaced by the paragraph quote "§§ 27 and 28".

35. in article 26, paragraph 3, last sentence is replaced by the paragraph quote "sections 26 to 28" the paragraph quote "§§ 9f-9 h".

36. paragraph 27 paragraph 1:

(1) for the granting of subsidies and the development of guidelines of apply article 23 with the proviso that the making of the agreement, as well as the opinion right of KommAustria accounts for, article 24 and article 25 is mutatis mutandis as far as not the following exceptions.

37. in article 27, paragraph 3, the phrase is "separated by the category TV movie, series and books" is replaced by the phrase "divided into categories".

38. in paragraph 27, the previous paragraph 6 is named (8); following paragraphs 6 and 7 are added:

"(6) by way of derogation from the preceding paragraph the amount of funding in exceptional cases to a maximum 30% of the production budget can be raised, if the objectives of promoting in particular are met, for example, by the existence of an outstanding Austrian employment effect, implementing technical innovations in production or special recovery and marketing measures. The RTR-GmbH has further conditions to set; in the guidelines in particular, percentage and amount limits for raising support in fulfilling the above criteria can be set. The advertisers of promotion of has appropriate evidence of compliance with the requirements to submit.

(7) in addition to the cost of production and on the ceilings referred to in paragraph 5 and 6, the following measures can be promoted:



1. making a barrier-free version for hearing impaired or visually impaired people;

2. production of foreign-language versions;

3. presentation of the production at international film festivals, film fairs and competitions.

The promotion is limited with regard to the Nos. 2 and 3 with 50% of the actually incurred and proven costs of the action in terms of no. 1 with 80%. The RTR-GmbH has further conditions to set; in the guidelines in particular, are amounts ceilings for funding such actions to set. The promotion shall be conditional made with regard to these measures, that a certain percentage of the work at home must be performed."

39. in article 27, paragraph 6, the quotation of the paragraph is "section 9 c paragraph 4" is replaced by the paragraph quote "section 23 paragraph 4".


40. in article 28, paragraph 4, the word "Television film promotion fund" is replaced by the phrase "Fernsehfonds Austria".

41. in article 29, paragraph 1, the phrase is replaced "3 million" "1 million" by the word order.

42. paragraph 29 subsection 3:

"(3) out of the Fund only non-commercial radio broadcasters to the PrR-G and non-commercial broadcasters after the AMD-G which para. 1 of the Federal Constitution Act on ensuring the independence of broadcasting organize audiovisual programmes within the meaning of article I can (organizer), be promoted, broadcast as non-commercial broadcasters that are subject to not the Austrian jurisdiction, but a radio program geared specifically towards Austrian audience. Non-commercial operators are those who are not focused on profit and whose programme includes no advertising and which ensure open access of the general public to the design of programmes of the programme. Subject not the Austrian jurisdiction Organizer are Z 4 excluded from the promotion of the event by broadcasting according to § 10 para 2 AMD-G or section 8 Z 4 PrR-G were excluded. In the framework of education also legal entities are eligible by organizers."

43. in article 30, paragraph 1, the first sentence reads:

"The promotion of the diversity of the private broadcasting programs and their content EUR 15 million from the revenue are annually of RTR-GmbH the fees in accordance with transfer RGG article 3, paragraph 1, and to transfer the funds by September 30 and December 30% are 50 per cent of funds by March 30 and 25 respectively."

44. in article 30, paragraph 2, the reference is "article 9i, par. 2, second sentence," by "section 29, paragraph 2, second sentence," replaced.

45. paragraph 30 para 3:

(3) from the funds of the private broadcasting Fund, radio broadcasters can (organizer), promoted to the PrR-G and broadcasters after the AMD-G, which para. 1 of the Federal Constitution Act on ensuring the independence of broadcasting organize audiovisual programmes within the meaning of article I, radiate as broadcasters that are subject to not the Austrian jurisdiction, but a radio program geared specifically towards Austrian audience. Organizer within the meaning of article 29, paragraph 3, as well as the Austrian organiser subject to jurisdiction are Z 4, excluded from the promotion of the event by broadcasting according to § 10 para 2 AMD-G or section 8 Z 4 PrR-G were excluded. In the framework of education also legal entities are eligible by organizers."

46. in article 30, paragraph 4, the phrase "in relation to programmes" is replaced by the phrase "in relation to programmes and broadcasts". In § 30 par. 4 Z 1 is replaced the term "AMD-G" the designation "PrTV-G".

47. in article 30, paragraph 2, the paragraph quote will "article 9i, par. 2, second sentence," the quotation of the paragraph "§ 29 par. 2, second sentence," replaced.

48. in article 30, para. 3, the paragraph quote "article 9i para. 3" is replaced by the paragraph quote "§ 29 para. 3".

49. in article 31, paragraph 1 and paragraph 5 and article 32, paragraph 1 and paragraph 4 the references "article 9i and article 9j" through "section 29 and section 30" are replaced.

50. in article 31, paragraph 7; eliminates Paragraph 8 and 9 get the labels (7) and (8).

51. in article 32, paragraph 1 and paragraph 5, paragraph quote will be replaced "article 9i and article 9j" through the paragraph quote "section 29 and section 30".

52. prior to section 34, following section title and section heading shall be inserted:

"Section 4

Financing activities"

53. the heading of section 34 is as follows:

"Financing and management of the financial resources for the Department of telecommunications and post, telecommunications industry"

54. paragraph 34 paragraph 1:

"(1) contributions on the one hand and on the other hand, funds from the federal budget is intended to cover the incurred in performing the tasks according to § 17 para 2 and 4, and para 7 effort of RTR-GmbH regarding the telecommunications industry." The grant from the federal budget in the amount of 2 million euros per year is to transfer the RTR-GmbH in two equally high partial amounts by 30 January and 30 June. About the use of these funds is the RTR-GmbH annually up to 30 April of the following year the Federal Minister of transport, to report innovation and technology and a clearance of accounts to present. The total of other expenses of RTR-GmbH to be paid through contributions not exceeding per year EUR 6 million. The amounts above reduce or increase from 2007 in the extent in which he changed Statistics Austria announced consumer price index 2005 or his place index of the previous year by the Federal Office."

55. paragraph 34 paragraph 6:

"(6) the estimated financial contribution of broadcasters is less than the amount of 300 euros, is by this insurance no financing contribution to raise and whose sales are not included in the calculation of total industry sales. This amount decreases and increases in 2012 in the extent in which he changed Statistics Austria announced consumer price index 2005 or his place index of last year by the Federal."

56. in article 34, paragraph 8, the following sentence is inserted after the first sentence:

"At the same time the RTR-GmbH has to publish the turnover threshold, no financing contribution to raise is below (para. 6)."

57. the section 34 15 the following paragraph is added:

"(15) the RTR-GmbH has to bear the total activity expense together with the costs of the Telekom-Control Commission. These costs are taken into account when establishing the financing contributions for the telecommunications industry."

58. According to article 34, the following article 34a and heading shall be inserted:

"Financing and management of the financial resources for the Department of telecommunications and post, postal industry

§ 34a. (1) to finance the resulting in the tasks pursuant to § 17 para 3 and 4 expenditure of RTR-GmbH regarding the postal sector are contributions on the one hand and on the other hand, funds from the federal budget. The grant from the federal budget in the amount of 200 000 euros per year is to transfer the RTR-GmbH in two equally high partial amounts by 30 January and 30 June. About the use of these funds is the RTR-GmbH annually up to 30 April of the following year the Federal Minister of transport, to report innovation and technology and a clearance of accounts to present. The total amount of other expenses of RTR-GmbH to be paid through contributions exceed annual EUR 550 000. The amounts above reduce or increase in 2012 in the extent in which he changed Statistics Austria announced consumer price index 2005 or his place index of the previous year by the Federal Agency.

(2) the contributions are payable from the postal industry. The postal industry comprises those postal service providers which according to § 25 postal market Act are obliged to display or have a licence pursuant to § 26 postal market Act.

(3) § 34 paragraph 3 to 15 shall apply mutatis mutandis, with the post-control-Commission takes the place of the Telekom-Control Commission."

59. the heading of section 35 reads:

"Financing and management of the financial resources for the Department of media"

60. paragraph 35 (1) to 3:

"(1) for the financing of in carrying out tasks according to § 2 para 1 Nos. 1 and 2, no. 4 to 11, as well as paragraph 2 of arising expenses of KommAustria (para. 14) as well as the serve in the tasks pursuant to § 17 para 1 Z 1, 2 and 4 and subsection 7 of arising expenses of RTR-GmbH in the field of media contributions on the one hand and on the other hand, funds from the federal budget." The grant from the federal budget of 1 211 550 euros is annually to transfer the RTR-GmbH in two equally high partial amounts by 30 January and 30th June and is to bring RGG from proceeds from the fees referred to in article 3, paragraph 1. About the use of these funds is annually by KommAustria and the RTR-GmbH until April 30th of the following year the Chancellor and a clearance of accounts to present to report. The total amount of other expenses of RTR-GmbH to be paid through contributions not exceeding a year EUR 2 888 450. The amounts above reduce or increase in 2012 in the extent in which he changed Statistics Austria announced consumer price index 2005 or his place index of the previous year by the Federal Agency.

(2) the contributions are from the industry media. The industry includes broadcasters established in Austria, the Austrian Broadcasting and media service providers committed to the AMD-G to display (contributory) media.

"(3) the contributions are to measure the ratio of the respective turnover of the contributors to the industry total sales and to introduce where with the exception of the licence fee (§ 31 ORF-G) all revenues obtained domestically in the event of radio and offer a media service for the calculation to be used are."

61. paragraph 35 paragraph 5:


"(5) the estimated financial contribution of broadcasters is less than the amount of 235 euros, is by this insurance no financing contribution to raise and whose sales are not included in the calculation of total industry sales. This amount decreases and increases in 2012 in the extent in which he changed Statistics Austria announced consumer price index 2005 or his place index of last year by the Federal."

62. in section 35, paragraph 7, the following sentence is inserted after the first sentence:

"At the same time the RTR-GmbH has to publish the turnover threshold, no financing contribution to raise is below (para. 5)."

63. in article 35, paragraph 12, the word "Broadcaster" is replaced by the word "Beitragspflichtiger".

64. paragraph 35 paragraph 14:

"(14) for the members active in the KommAustria RTR-GmbH has to replace the entire activity expenses including costs the Federal Government. These costs are to consider media in determination of funding for the industry."

65. According to § 35, following section title and section heading shall be inserted:

"Article 5

Federal Communication Senate"

66. after section 35 the following section 36 and heading shall be inserted:

"Establishment and tasks

Section 36 (1) to the control of the administrative management in the performance of the regulatory tasks pursuant to section 1 para 1 by KommAustria Federal Communication Senate is set up at the Federal Chancellery.

(2) the Federal Communication Senate decides on appeals against decisions of KommAustria in the mentioned matters pertaining (§ 2 ABS. 1 Z 1 to 10), with the exception of appeals in administrative penal cases.

(3) the decisions of the Federal Communication Senate are subject to not repeal or amendment in the administrative way. The invocation of the Administrative Court is permitted against decisions of the Federal Communication Senate.

(4) the Federal Communication Senate is next higher authority within the meaning of the rules governing the procedure to KommAustria in matters of regulation of electronic audio media and electronic audiovisual media objectively into account. As far as federal laws, KommAustria in first instance associated tasks and rights as the regulatory authority, these are to the Federal Communication Senate in relation to the performance of his/her duties according to para 1, 2 and 4.

(5) the Federal Communication Senate seat is Vienna.

(6) the Federal Chancellor is entitled to inform of all items of the Executive Board of the Federal Communication Senate."

67. According to § 38, following section title and section heading shall be inserted:

"Article 6

Rules of procedure, final and transitional provisions"

68. in article 39, paragraph 1, the second and the third set are:

"Appeals against decisions of KommAustria according to § 8 ORF-G, according to the § 6B para 3, §§ 11, 12, 15, § 15 b para 4, § 28b para 2 and 28 d para 4 PrR-G, according to the § 6, par. 3, §§ 12, 14, 20, 22, 25 para 5 and 6, section 25a paragraph 9 and 10, sections 26, 27, 27a and 27B AMD-G and according to § 120 TKG 2003 have no suspensive effect AVG by way of derogation from article 64." Federal Communication Senate can detect to the suspensive effect in the relevant procedure on application, if after consideration of all affected interests with the enforcement of the decision or exercise of the permission granted by the decision for the appointment seekers, a serious and to cause irreparable damage would be connected."

69. in article 39, paragraph 2, the word order is before the phrase "before the Federal Communication Senate" "before the KommAustria and" inserted.

70. in article 39, paragraph 3, the phrase "the Federal Communication Senate" is replaced by the phrase "KommAustria".

71. in paragraph 39 the following paragraph 4 is added:

(4) the assessment of alleged wrongdoing advertising regulations of §§ 34, 37 to 42 and 46 AMD-G, as well as of the 3rd section of the ORF law is to be taken into account on the practice of sentencing recognised independent self-regulatory bodies. Especially those that guarantee a wide representation of the professional groups concerned and sufficient transparency in their decisions, procedures and enforcement of decisions are considered generally recognized self-regulatory bodies."

72. According to section 39, 40 the following paragraph and heading shall be inserted:

"Large procedure

40. (1) expected to be more than 100 persons involved in proceedings before one of the regulatory authorities referred to in article 39, paragraph 1, the authority can thus be proceedings published by edict.

(2) was the initiation of a procedure with edict is published, this has resulted that someone loses its status as a party, if he does not credible in writing within a period of six weeks after the publication of the edict his concern. AVG is § 42 para 3 apply accordingly.

(3) the edict has to contain:



1. the description of the subject of the proceedings;

2. the period referred to in paragraph 2;

3. pointing out the consequences of paragraph 2;

4. If necessary, the note that the is done with the aid of electronic communication channels and thus all proclamations of the municipality and deliveries in the procedure will be performed by edict on the website of the regulatory authority;

5. where appropriate, the notice that the regulatory authority can also electronically provide inspection the parties.

(4) the regulatory authority can schedule a hearing by edict, if proceedings with edict is been published or will be published at the same time. The legal consequences of § 42 paragraph 1 apply AVG. Article 44e par. 1 and 2 AVG are to apply.

(5) the edict to the introduction of the procedure, as well as the edict to the scheduled of oral proceedings are to be published on the website of the regulatory authority.

(6) was announced the initiation of a procedure with edict, all proclamations of the municipality and deliveries in the procedure can be made by edict on the website of the regulatory authority.

(7) the procedure can be made with the aid of electronic communication.

(8) the regulatory authority can provide electronic access to the files."

73. § 44 para 11 and 12 are replaced by following paragraph 11 to 14:

"I no. 134/2009 apply (11) sections 6 and 11 in the version of Federal Law Gazette 1 January 2010.

(12) sections 1 to 16, § 17 para 1 to 2 and 4 to 6, sections 18 to 34, sections 35 to 43 and 46 and all section names, section headings, section names and section headings in the version of Federal Law Gazette I no. 50/2010 apply with October 1, 2010.

(13) (constitutional provision) § 3 par. 3 in the version of Federal Law Gazette I 50/2010 enters no. with force, October 1, 2010.

I no. 50/2010 contact (14) § 17 para 3, § 34a and heading as well as the heading of the section 34 as amended by Federal Law Gazette January 1, 2011 in force."

74. in article 45, paragraph 1, the word order is for the reference "Article 10a paragraph 14" "in the version of Federal Law Gazette I no. 21/2005" added.

75th in § 45 para 3 is both a space and the word sequence after the references "§ 10 section 6", "Article 10a paragraph 5", "Article 10a", and "Article 10a paragraph 7" "in the version of Federal Law Gazette I no. 21/2005" added.

76. Article 45 shall be added following paragraph 5 to 10:

"(5) that I can no. 50 / 2010 revised organizational structure necessary organizational and personnel measures for the establishment of KommAustria in their amendment BGBl. already before the entry into force of the Federal Act Federal Law Gazette I no. 50/2010 will be taken. The Chancellor has to make the preparatory actions.

(6) the term of Office of the last according to § 4 in the version of Federal Law Gazette I no. 9 / 2006 ordered broadcasting Advisory Board ends upon entry into force of the Federal Act Federal Law Gazette I no. 50/2010.

(7) at the time of entry into force of the Federal Act Federal Law Gazette I are no. 50 / 2010 before the KommAustria pending cases, including the monitoring of advertising, in accordance with the provisions of sections 2 to 13 as amended by Federal Law Gazette I 50/2010 to continue no.. Pending before the Federal Communications Senate at this time cases are concluded in accordance with this federal law as amended by Federal Law Gazette I no. 134/2009 of this. Likewise, if against a decision of the Federal Communications Senate at the time of entry into force of the Federal Act Federal Law Gazette I no. 50/2010 before the Constitutional Court or the administrative court a complaint procedure is pending and the decision is repealed.

(8) I 50/2010 are by way of derogation from article 29 paragraph 1 as amended by Federal Law Gazette No. of RTR-GmbH in the year 2011 2 million euros and to transfer the year 2012 2.5 million euro. I 50/2010 are contrary to § 30 para 1 as amended by Federal Law Gazette No. of RTR-GmbH in the year 2011 10 million euros and to transfer the year 2012 12.5 million euro.


(9) by way of derogation from Article 10a paragraph 1 as amended by Federal Law Gazette I no. 134/2009 and 50/2010 by way of derogation from article 35 paragraph 1 as amended by Federal Law Gazette I is n for the year 2010, that funds from the federal budget of 797 775 euro to transfer of RTR-GmbH total and the total of other expenses of RTR-GmbH to be paid through contributions must not exceed 2 202 225 euro. After proclamation of the Federal Act Federal Law Gazette I no. 50/2010 has the RTR-GmbH the Federal Ministry of finance the difference between the already according to § 10 para 1 as amended by Federal Law Gazette I no. 134/2009 transferred and the funds to be paid pursuant to the preceding sentence from the federal budget to refer back. At the time of entry into force of the Federal Act Federal Law Gazette I no. 50/2010 RTR-GmbH has to redetermine the industry effort, taking into account this paragraph also and see by analogy with the provisions of section 35 as amended by Federal Law Gazette I 50/2010 the contributions to redetermine No.. Credits and additional demands are taken into account in one of the following requirements according to. Notwithstanding § 35 par. 5 amended by Federal Law Gazette I no. 50/2010 an amount of 215 euros applies for the year 2010.

(10) the threshold value Ordinance telecommunications 2004 - SVO-TK 2004 of 1 March 2004, publicly made available on the RTR Web site, the threshold value Ordinance telecommunications 2005 - SVO-TK 2005, published on March 22, 2005 in the Amtsblatt zur Wiener Zeitung, 2 threshold value Ordinance telecommunications 2005-2nd SVO-TK 2005, published on May 31, 2005 in the Amtsblatt zur Wiener Zeitung, as well as the threshold value Ordinance telecommunications 2006 - SVO-TK 2006, published on March 7, 2006, through Edition to the insight of RTR GmbH , shall be repealed. Tributary where the financial contribution would have undercut the amount of 300 euro in 2004, have to make a financial contribution for the year 2004 and whose sales are not included in the calculation of industry turnover of in 2004. Tributary where the financial contribution would have exceeded 290 euros in the years 2005 to 2010, are not to be used for the performance of the financial contribution and whose sales are not included in the relevant year in the calculation of total industry sales."

77. second sentence is § 46:

"Enforcement of § 21 para 1 first sentence, article 26, paragraph 1 first sentence, article 29, paragraph 1 first sentence, article 30, paragraph 1 first sentence, article 33, paragraph 1 first sentence, article 34, paragraph 1 second sentence, section 34a, paragraph 1, second sentence, and article 35, paragraph 1, second sentence, is whether the Federal Minister of finance."

Article 3

Amendment of the Telecommunications Act 2003

The 2003 Telecommunications Act, Federal Law Gazette I no. 70, as last amended by Federal Law Gazette I no. 65/2009, is amended as follows:

1. in article 34, paragraph 2, the second set is:

"She has every year within the framework of the communications report (§ 19 KOG) to report to what extent objectives of § 1 para 2 and made what changes when compared to previous years."

2. paragraph 37 para 3:

"(3) determines the regulatory authority on the basis of the procedure, impose that on the relevant market there is effective competition and thus no company has considerable market, can you - with the exception of section 47 subsection 2 - no obligations referred to in paragraph 2; in this case, the regulatory authority determines by ruling that there is effective competition in the relevant market. Where businesses have specific obligations in this market exist, these shall be repealed with decision. In this decision a reasonable is to set period not exceeding six months, which sets the effective beginning of repealing."

3. the section 37 be added following paragraph 8 to 11:

"(8) party in the market analysis procedures is the company which specific obligations are maintained, imposed, amended or repealed to anyway.

(9) parties in the market analysis procedure according to § 40 KOG are also those that their concern made credible KOG pursuant to article 40, paragraph 2.

(10) section 40 para 3 Z 1 KOG shall apply with the proviso that the edict has to contain the description of the market laid down in the regulation according to article 36, paragraph 1 and to be analyzed in the present proceedings.

(11) has the regulatory authority scheduled a hearing with edict, has to contain the note on the legal consequences according to § 42 para 1 AVG. the edict in addition to the content referred to in § 44 par. 2 AVG"

4. the section 91 is added following paragraph 5 to 8:

"(5) that, that the shortcomings which the supervisory procedure has been initiated, actually not available regulatory authority or were turned off within the set time limit, it finds with notice that the shortcomings not or are no longer given."

(6) party in the supervisory procedure is the company where the regulatory authority has evidence referred to in paragraph 1.

(7) parties in the supervisory procedure according to § 40 KOG are also those that their concern made credible KOG pursuant to article 40, paragraph 2. § 40 paragraph 2 KOG shall apply with the proviso that according to § 91 a deadline of one month applies to supervisory procedures.

"(8) section 40 para 3 Z 1 KOG shall apply with the proviso that the edict to contain the description of evidence has led to the introduction of the regulatory procedure."

5. in paragraph 137 of the previous text receives the sales designation (1); the following paragraph 2 is added:

"(2) articles 34, 37 and 91 as amended by Federal Law Gazette I no. 50/2010 with October 1, 2010 into force."

Article 4

Modification of the recycling company law 2006

The 2006 Recovery Act, Federal Law Gazette I no. 9, as last amended by Federal Law Gazette I no. 1/2010, is amended as follows:

1 in article 7, par. 5, second sentence and first sentence in § 13 para 4 is substituted the phrase "the Chancellor" with the phrase "the Federal Minister of Justice".

2. in paragraph 28, the previous paragraph 3 is labeled (4); Para 1 to 3 is:

"(1) as authority in the sense of this law is at the Federal Ministry of justice the supervisory authority for collecting societies established. The authority consists of a head of authority, his Deputy, as well as a representative to the leadership of the firm's business.

(2) the appointment of the Director of the authority has an invitation to tender for general application pursuant to section 3 of the tender law in 1989 to go ahead.

(3) the supervisory authority is the Federal Ministry of Justice subordinate authority. All transactions of the authority have to be issued under the name of 'Supervisory authority for collecting societies'."

3. in article 28, paragraph 4 the following final sentence is added:

"The Federal Minister for Justice may entrust on the staff of the supervisory authority with further appeals related tasks, insofar as the fulfilment of the tasks of the supervisory authority is not prejudiced."

4. the following sentence is added to § 32 para 3:

"The introduction of the fee depends on the regulations for the introduction of judicial and justice administration fees."

5 the following paragraph 3 is added to § the 40:

"(3) paragraphs 7, 13, 28, 32, 44 and 45 and headings in the version of Federal Law Gazette I no. 50/2010 with October 1, 2010 into force."

6 § 44 receives the following heading:

"Transitional provisions and pending cases"

7 in article 44 be added following paragraph 3 to 5:

"(3) at the time of entry into force of the Federal Act Federal Law Gazette I no. 50 / 2010 at the KommAustria as supervisory authority for collecting societies pending cases are by the supervisory authority in accordance with section 28 in the version of Federal Law Gazette I to lead No. 50/2010.

(4) that I belong No. 50 / staff responsible for 2010 at the KommAustria predominantly with the performance of the duties of the supervisory authority for collecting societies at the time of entry into force of the Federal Act Federal Law Gazette with entry into force of the Federal Act Federal Law Gazette I no. 50/2010 of the supervisory authority in accordance with section 28 to. The former Deputy of head of Agency of the KommAustria with entry into force of the Federal Act Federal Law Gazette is no. I 50/2010 to the Chief Executive of the regulator, more employees of of KommAustria to his Deputy.

"(5) the amount of overall financing according to § 7 paragraph 5 is calculated up to the adoption of a new regulation by the Federal Minister of Justice under the regulation of the Federal Chancellor of 22 June 2006 on the overall financing of the supervisory authority according to the recycling companies Act 2006, Federal Law Gazette II No. 236/2006."

8 § 45 and heading is as follows:

"Enforcement

§ 45. With the completion of this federal law is responsible in terms of § 39 of the Federal Minister of finance and in the rest of the Federal Minister for justice."

Article 5

Change of the ORF law

The ORF Act, Federal Law Gazette I no. 83/2001, as last amended by Federal Law Gazette I no. 102/2007 and the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3, is amended as follows:

1. the name of the first section is as follows:

"Establishment and public service mission of the Austrian Broadcasting Corporation"


2. in section 1 para 2 first sentence is the word "public" by the Word replaces "public service"; § 1 para 2 second sentence reads:

"The public service remit includes the orders of sections 3 to 5."

The following paragraph 5 is added to § 3. 1:

"(5) all personal names used in this federal law apply equally to persons of both male and female sex."

4. pursuant to section 1, the following paragraph 1a and heading shall be inserted:

'Definitions

section 1a. In the meaning of this Act referred to



1 a 'audiovisual media service' under the editorial responsibility of the Austrian Broadcasting Corporation or one of its subsidiaries by means of communication networks (§ 3 Z 11 TKG 2003, Federal Law Gazette I no. 70) service, principally intended to provide programmes for information, entertainment or education of the general public is;

2. one "Television" audiovisual media service provided for the simultaneous reception of programmes on the basis of a schedule.

One "Radio program" offered the editorial responsibility of Austrian broadcasting service; provided for the simultaneous reception of radio broadcasts on the basis of Schedule 3.

4. "Call service" one for the reception of broadcasts from a specified catalog at the time chosen by the user and on the individual demand audiovisual media service provided;

5. 'consignment' a) in television programs and demand a single, self-contained closed and set of moving images with or without sound limited in the case of television programmes, part of a schedule or in the case of demand of a catalog;

(b) in radio programs a single, self-contained and limited part of the program.

6 'commercial communication' every utterance, mention or appearance, the a) the direct or indirect promotion of sales of goods and services or image of a natural or legal persons who are engaged in economic activities, or b) is the support of a thing or idea and a shipment or an offer for payment or for similar consideration or, in the case of lit. a when attached to self-promotion or contain it is. Commercial communication anyway, include product placement, the representation of production props of insignificance value, sponsor information and also advertising pursuant to sub-para. 8;

7 "Surreptitious" the mention or presentation of goods, services, names, brands, or activities of a producer of goods or a provider of services, if it is intended by the Austrian broadcasting or its subsidiaries intentionally for advertising purposes and the general public with regard to the actual purpose of this mention or appearance may be misleading. A mention or appearance is considered particularly intended, if it is done in return for payment or for similar consideration;

8 "TV or radio advertising (advertising)" a) any manifestation in the exercise of a trade, business, craft or profession that is sent with the aim for payment or for similar consideration or as self-promotion, the supply of goods or the provision of services, including immovable property, rights and obligations, in return for payment to promote or b) any manifestation to support a cause or idea , which sent for payment or for similar consideration;

9 "Tele-shopping" in television programs means direct offers broadcast to the public for the supply of goods or the provision of services, including immovable property, rights and obligations in return for payment;

10 to include any form of commercial communication, which consists of, a product, a service or a brand for payment or for similar consideration "Product placement" in a broadcast or to refer to, so that it is featured within a programme. The free provision of goods or services, such as production props or prizes does not a product placement, as long as the goods or services of value of insignificance.

"11 sponsorship, if one not in the field of the provision of audiovisual media services, in the production of audiovisual works or radio programmes or programmes contribute to the financing of such works makes public or private company with the aim, to promoting the name, trademark, the appearance, the activity or the services of the company."

5. paragraph 2 paragraph 1:

"(1) includes the business of the Austrian Broadcasting Corporation, as far as this federal law not otherwise is intended"



"1. the organisation of broadcasting, 2. arranging with the activity according to Teletext still no. 1 in context and providing with above no. 1 in respect of activity online offerings, 3. the operation of technical equipment, which are necessary for the organisation of radio and Teletext or the provision of online services, all transactions and measures provided for activities 1-3 or the marketing of these activities after Z are 4."

6 paragraph 2 subsection 3:

"(3) on the activity of subsidiary companies of the Austrian Broadcasting Corporation and companies associated with him the provisions apply this Federal Act, as far as not explicitly something else is meant. The provisions of §§ 27 does not apply, 39 to 39 c and 40 para 1 to 4 and 6 to subsidiaries or affiliated companies perceive no activities that are in the public service."

7. in section 3, subsection 4, the word "Private TV law" is replaced by the word "Audiovisual media services law".

8. after article 3, paragraph 4, the following paragraph 4a is inserted:

"(4a) the Austrian broadcasting can according to the technical development and the economic sustainability programmes pursuant to paragraph 1 Nos. 1 and 2, as well as to paragraph 8 at the same time provide online broadcasting without the possibility of memory." It can provide these programs delayed online also for up to 24 hours without possibility of storage. The beginning and end of the simultaneous and delayed deployment of such a program is to display the regulatory authority. You can deploy only unchanged. Excepted from this are broadcasting gaps, which are required for legal reasons or arising from deletion of commercial communication. Such broadcasting gaps can be closed through repetition of program elements, which have been aired within the last 24 hours in the same program. A replacement transmission gaps through commercial communication is not allowed."

9 paragraph 3 section 5:

"(5) for the supply order is also



"1 the event with radio programs after par. 1 and par. 8 in connection with teletext and 2. deploying with broadcasting programs after para 1 and para 8 related websites in accordance with § 4e and 4f."

10. in article 3, paragraph 6 the phrase is omitted "and a sufficient online service (§ 2 para 1 No. 2)".

11 each the following sentence is added to § 3 par. 6 and paragraph 7:

"The beginning and the end of the event of such a program is to display the regulator."

12 paragraph 3 paragraph 8:

"(8) to the supply contract, the event of a Sports Division program pursuant to section counts 4 b, of information and Culture Division programme referred to in section 4 c, as well as the broadcasting of a television programme in accordance with § 4 d."

13. the heading of section 4 is as follows:



"Public service core mission"



14. the introductory part of section 4, paragraph 1 reads:

"The Austrian Broadcasting has all its programmes disseminated in accordance with § 3 and offers to provide for:"

15 4 para 1 is attached § the following conclusion:

"The Austrian Broadcasting has, as far as individual orders b, transferred the Division programs pursuant to §§ 4 to 4 d to perform these tasks in the framework of programmes in accordance with article 3, paragraph 1; the public service remit of the core remains unaffected by the special-interest channels in this respect."

16 § 4 par. 1 Z 14 is:



"14. the information on topics of health and of the natural, environmental and consumer protection, taking into account the promotion of understanding of the principles of sustainability."

16A. in article 4, paragraph 1 the point replaced Z 18 with a semicolon; following no. 19 is added:



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

16B. In section 4, paragraph 2 the following sentence is added:

"The percentage of the total program have to stand in a reasonable relationship to each other."

17. in section 4, paragraph 4, first sentence is inserted after the word "Programmes" the phrase "and offers" and in the second sentence after the phrase, the phrase "as well as other offers" "Radio and television" inserted; in the second set, also deleted the phrase "and broadcast".


18. in article 4, paragraph 5, the phrase "and offers" is inserted after the word "Programmes".

19. According to § 4 paragraph 5, the following paragraph 5a is inserted:

"(5a) In the programmes disseminated in accordance with § 3 are appropriate share in the minority languages of those ethnic groups for which an ethnic group Advisory Board is to create." Also that in accordance with article 3 par. 5 Z 2 spread offers to include shares in these languages. The extent of program and offer shares is in the respective year send or year range schema after consulting the public Council to set."

19A. the following paragraph 8 is added to article 4:

"(8) the Director-General has a code of conduct for journalistic activity in the design of the content offering to create in agreement with the editor Committee (§ 33 paragraph 7), respecting the principles referred to in article 32, paragraph 1. This caution is the preceding paragraphs, as well as the provisions of article 10, paragraph 1 to 12, taking into account the case-law, adopted to take. The code of conduct is regularly to check on his fitness and adjust if necessary. The code of conduct requires the consent of the public Council and Board of Trustees and is to publish on the website of the Austrian Broadcasting Corporation. "The Austrian Broadcasting has in addition to provide detailed procedures including focal points for the assurance of compliance with the code of conduct."

20 following paragraphs 4a inserts up to 4 g with headings before section 5:

"Quality assurance system

Section 4a. (1) the Director-General has to create a quality assurance system which defines criteria and procedures for ensuring the fulfilment of the public service core contract granted in accordance with article 4 in particular the independence and responsibility of all program-formative employees, the freedom of the journalistic profession as well as the independence and responsibility of Directors and country directors.

(2) the quality assurance system requires the approval of the Board of Trustees. To assess the overall performance of the quality system on the basis of the presented annual report, in particular an expert appointed by the Director-General with the approval of the Board of Trustees is whether was the quality criteria in key areas are met, to be used. The expert has a person standing outside the company to be, must have the necessary professional qualifications and experience, and is bound in the exercise of the function of any instructions and orders. For the reimbursement of recommendations to the quality assurance system (article 30, paragraph 1 Z 7) is a Standing Committee of Council of audience to make (quality Committee). The audience Council adopted its recommendations to establish.

(3) in order to ensure the balance of the content offering (§ 4 para 1 to 3) and the related decision making for the long-term program plans, as well as the annual transmission schemes, part of the quality assurance system is in addition to the development of quality criteria in quantitative terms shares attributable to the establishment of the individual program categories in the related having television and radio range. This is program structure analysis for the television and radio program making, where the categorization of shipments and the classification in categories of the programme coding system used for the preparation of the report pursuant to § 7 is from Austrian Broadcasting. In determining these shares is assumed by the ORF broadcasting scheme for television and radio. For these shares of fluctuation can, taking into account external, concerning the programme and offer planning and design factors such as in particular the development of the audience shares and the competitive situation, the predictability of particular topics or even the forecasts of further economic development by up to +/-5 percentage points for each a program share to reach an average of four years must be set. Anyway, caution is when this set also to the public interests and needs to take.

(4) the quality assurance system for television, radio and online has also reasoned comments on the objectives formulated on behalf of public service core the uniqueness of the content and of the presence of (§ 4 para 3), to cover the usually demanding broadcast design in the main evening programme (§ 4 para 3) and high quality in the fields of information, culture and Science (§ 4 para 4) qualitatively.

(5) within the framework of the quality assurance system is also the satisfaction of the audience with the program and content offering to check through a continuous representative and quality Publikumsmonitoring even under the assistance of external experts from the respective areas. The creation and regular revision of criteria for ensuring the balance and take into account the diversity of interests of the listeners and viewers (§ 4 para. 2), carefully is complementary on the results of regularly performed, representative participants surveys by independent of the Austrian broadcasting or its affiliates, recognised market research institutes or representative studies and surveys professionally qualified institutions to take.

(6) the criteria developed by the Austrian Broadcasting and procedures are at least annually on their suitability to check (§ 4 para 3) and adjust if necessary.

(7) the quality assurance system implemented according to the principles of this provision as well as the studies to created and participant surveys and the relevant decisions of the Board of Trustees and of the audience Council are easy to make, as far as this is legally possible, and not legitimate business interests of Austrian Broadcasting are affected directly and permanently accessible on the website of the Austrian Broadcasting Corporation.

(8) the regulatory authority has on the basis of a complaint in accordance with article 36, paragraph 1 Z 1 to verify the compliance with the procedure of the creation and revision of the quality assurance system and to determine whether and by which facts of the case breach the above statutory provisions and may to grant orders to comply with the procedure in case of non-compliance. A review by the regulatory authority has to take place at least every two years.

Special order for a sports business program

§ 4 b. (1) the Austrian Broadcasting has to hold a television Division program that serves the particular current coverage of sports and tournaments - including the transmission of broadcasts of sports competitions - usually in the Austrian media coverage is not a wide room where in accordance with the economic sustainability. In this program, the Austrian Broadcasting has in particular:



1. the population extensively on sports issues to inform (§ 4 para. 1 No. 1);

2. the interest of the population of active sports activities to promote (§ 4 par. 1 Z 15);

3. the understanding of the audience for lesser-known sports and their exercise of rules to promote;

4. sports and events to report, which are also from the perspective of grassroots sport of interest.

5. regional sporting events taken into account;

6 on health-related aspects of the sport and the dangers of doping to report;

7 is to transfer tournaments, if such transfer is a prerequisite for an organisation of sport competitions in Austria, or the appearance of Austrian athletes or sports teams in international competitions and not to expect any such transfer by other broadcasters, whose programme in Austria are receivable.

It is mainly to report that is exercised or held in Austria or Austrian athletes or teams take part in those sports and competitions.

(2) the programme is spreading via satellite and can be distributed via digital terrestrial multiplex platforms. § 25 para. 2 Z 2 AMD-G remains unaffected. AMD-G article 20, paragraph 1 shall apply. For the calculation of maximum daily advertising time, multiply the number of daily broadcast hours with 1 minute and 45 seconds. Within an hour, the proportion of television advertising 20 may not exceed %. See hours are 24 equal parts of a calendar day.

(3) if another program is distributed on the same channel, to take care is for a clear distinctness in particular by means of permanent identification.

(4) tournaments, devotes considerable space to whom in the Austrian media coverage (premium sporting), may not be shown in the sports business program. These include sports competitions:



1 it not to apply the Supreme Austrian nationwide men's League, as far as is to apply the junior classes are;

2. apply European cross-border men's professional football leagues and Cup competitions as well as competitions by men's professional soccer world- and European Championships, as far as's is not to the competitions are junior classes or public order qualifiers by low interest;

3.

The Alpine or Nordic Ski World Cup competitions and competitions of Alpine or Nordic Ski World Championships;

4. competitions of Olympic summer and winter games, if not exceptionally no devotes considerable space to this apply in the Austrian media coverage;

5. to apply the formula 1.

A broadcast of the order referred to in the first sentence in a reasonable time interval to the competition, which means that the qualification as a premium sporting no longer exists, is allowed.

(5) for the Sports Division program is to create a range concept (Section 5a).

Special order for an information and Culture Division program

§ 4c. (1) the Austrian Broadcasting has a television Division program to organize that especially through information, discussion, documentaries, magazine and coverage of cultural events specifically pursuant to § 4 para 1 Nos. 1 to 7, 13, 14, 16 and 17 is the fulfillment of orders and includes a comprehensive range of programmes with information or educational character, as well as by cultural programmes in accordance with the economic sustainability. The program has to consist of advanced content (§ 4 para. 3) and to exhibit high quality (§ 4 para. 4). The program should consider especially topical in its orientation, as well as serve as a delivery platform for broadcasts which already aired the programmes according to article 3, paragraph 1. The Division program to pari passu deal with topics related Austria such as with European and international issues.

(2) the programme is spreading via satellite and can be distributed via digital terrestrial multiplex platforms. § 25 para. 2 Z 2 AMD-G remains unaffected. AMD-G article 20, paragraph 1 shall apply. The rules about the order screening (sections 6 to 6 (b)) apply to this program. For the calculation of maximum daily advertising time, multiply the number of daily broadcast hours with 1 minute and 45 seconds. Within an hour, the proportion of television advertising 20 may not exceed %. See hours are 24 equal parts of a calendar day.

(3) if another program is distributed on the same channel, to take care is for a clear distinctness in particular by means of permanent identification.

(4) before the first broadcast of the information and Culture Division program, a job screening is carried (sections 6 to 6 (b)).

Broadcast a television programme for the European audience

section 4 d. The Austrian Broadcasting has in accordance with the technical development and the economic sustainability of one its two pursuant to § 3 para 1 2 organized television programmes specifically for the Europe-wide reception via satellite to broadcast Z, if this program mainly consists of information, education and cultural programmes as well as sophisticated entertainment and is suitable to represent Austria in Europe. Broadcasting gaps incurred for legal reasons, the Austrian Broadcasting may broadcast Z 2 of organized television programmes as well as programmes that already in the programmes referred to in article 3, paragraph 1 or paragraph 8, with the exception of commercials by broadcasting of programmes of the other according to § 3 para 1. These programmes should include information about Austria or reflect the Austrian culture, language, history or the Austrian social life.

Special order for an online quote

section 4e. (1) the Austrian Broadcasting has also an online service to provide, which has to include content especially broadcast related and directly related with its radio and television programmes to fulfil the public service remit of core (§ 4). This online offer is subject to the technical development and the economic sustainability to include:



1. information on the Austrian Broadcasting and its programmes organised in accordance with article 3 and provided services;

2. a current overview report (para. 2);

3. monitoring the transmissions in the programmes according to § 3 (1) and 8 (accompanying programme content; ABS. 3) and 4. a polling service for the transmissions in the programmes according to § 3 (1) and 8 (para. 4).

(2) the overview reporting (para. 1 No. 2) consists of text and images and can include individual supplementary audio, audiovisual and interactive elements, and podcasts (audio and video). It applies to the most important daily events from the fields of politics, economy, Chronicle, weather, culture, science, sports, ethnic groups and religion at international, European and national level. The individual elements of the coverage are only for the duration of their topicality, but no later than seven days from the provision for retrieval via the platform of the Austrian Broadcasting Corporation to provide. Providing older elements of reporting, which are directly related to the current reporting, is permitted for the duration of the release of the latest reports. Reporting may be comparable by daily or weekly or monthly magazines not depth and in their overall presentation and design with the online-offer and include no news archive. Separate overview reporting at the State level is allowed however to up to 80 day messages per State per calendar week. Updates to tag messages in the course of the day are not considered new day messages. Local reporting is permitted only in the context of federal and State reporting and are only as far as local events by country-wide or in the case of country reporting of nationwide interest. A comprehensive local coverage is not allowed.

(3) shipment be sliding end content (para 1 No. 3) are:



1. information about the show itself or the fact contributors, as well as related standing broadcasts, including audio and audiovisual services and additional interactive elements as well as podcasts (audio and video), and 2. is recourse to information of supporting explanation and deepening of the broadcast content, including audio, audiovisual services and additional interactive elements and podcasts (audio and video), as far as on materials available for the respective radio or television programme or series and sources and this offer thematically and in terms of content the radio or TV show deepens supportive and accompanied.

Broadcast-related content are each to describe which accompany them by specifying the name and the date of broadcasting of radio or television broadcast. Broadcast-related services may constitute an independent, divorced from the specific radio or television program offer and not overall design and content comply with the online-offer of newspapers and magazines; in particular, not divorced from the accompaniment of the specific radio or television broadcasts, in-depth offer in the fields of politics, economy, history, culture and Science (including technology), sports, fashion and society reporting may be deployed. Broadcast-related content in accordance with no. 2 may be provided only for a period appropriate to the respective programme format, no later than 30 days after transmission of the show or series 30 days after transmission of the last part of the series. The deployment of broadcast-related content in a reasonable period of time prior to broadcast of the respective programme is allowed as far as the specific shipment reference is maintained.

(4) the retrieval service pursuant to par. 1 Z 4 includes only programmes (including radio), which by the Austrian Broadcasting itself or in his order, be it also in cooperation with third parties, have been produced. For an appropriate indexing is to worry. Providing for retrieval has without memory (except podcasts) and for a period of up to seven days after broadcast, to be b paragraph 4 in the case of sports competitions within the meaning of § 4 up to 24 hours after broadcast. Archives with time - and cultural-historical content may provided also indefinite in accordance of the range concept (para. 5) to retrieve. Prior notice of shipments within the framework of the retrieval service are allowed within a reasonable period of time before broadcasting the programmes according to § 3 (1) and 8.

(5) the online offer in accordance with paragraphs 1 to 4 may be mounted only after creating a range concept (Section 5a) and is to undergo any order screening. The requirements of section 6 are met, through the commercial exploitation of the offers referred to in paragraph 1 is a job screening perform (sections 6 to 6 (b)).

Providing additional online offerings

The Austrian Broadcasting section 4f. (1) in accordance with the technical development and online offers to provide, which make an effective contribution to the fulfilment of the public service core mission (§ 4) more the economic sustainability of the offer pursuant to § 4e. Also on-demand services included. Such offers may be provided only after creating a range concept (Section 5a); the requirements of section 6 are met, a job screening is carried (sections 6 to 6 (b)).


(2) the following online services may not be available within the framework of the public service remit:



1 ad portals, ads or classified ads, 2. business register and directories, 3. price comparison portals and calculation programs (for example, price calculator, Insurance Calculator), 4. review portals for services, facilities and products, unless you have a reference to a specific show or a concrete offer content consists 5 partner -, contact - and job markets, 6 exchanges, provided that they are not charitable purposes, 7 business networks, 8 telecommunications services (including access providing), 9 adult entertainment, 10 billing for third parties (except subsidiaries of Austrian Broadcasting) , 11 games of chance and betting, 12 software offerings, required not as far as the perception of the own offer, 13 route planner, except in connection with traffic information, 14 music download of commercial foreign productions, 15 games and entertainment, if not one about article 4, paragraph 1 Z 8 ORF-G and beyond reference to core public service, order and have; Games are in any case inadmissible and, took out 16 SMS services, entertainment, no shipping or offer cover those which relate to the own program or offer or are broadcast incidental in the sense of section 4e, para 3, 17 search engines, except those that relate to the own programs or offers.

18 online auctions, except non-commercial auctions for charitable purposes;

19 E-Commerce and E-banking;

20 ring tones and E-cards;

21 Photo download unrelated to the broadcast;

22 calendar of events, as far as they accompany not offers according to § 4e para 1 and article 4f, para. 1 and not a comprehensive, stand-alone offer represent;

23 forums, chats and other offers for publication of content by users; but editorially-guided, non-constant offers to the submission or publication of content by users in content related to Austria sent television or radio programmes are allowed. The registration of the user, specifying the first name and surname and address are prerequisites for the publication of user contents in such offers. Registration is only permitted if the user freely and in knowledge of the facts for the case has expressly consented to the use of his data. The Austrian Broadcasting has to urge users in case of justified suspicion on incorrect registration data to prove of the accuracy of the information within a reasonable period of time at other deletion of the registration profile and to exclude users with obviously incorrect information from the outset by the registry. On the registration data may be used for any purpose beyond the registration. At the request of the user are all data, including the registration profile to delete;

24 links which serve not supplement, deepen or explanation of own content (from company); These may not directly lead to purchase requests;

25 social networks, as well as links to and other collaborations with them, except in connection with the own daily updated online overview reporting;

26 specialists and target offerings that go beyond in form and content a non-specialized offer of general interest, insofar as it is not broadcast-related services; Offers for charitable purposes; are allowed anyway

27 Advisor portals without consignment reference;

28 offers specifically for mobile devices.

Trial operation

§ 4 g. (1) as far as this federal law prescribes a job screening (sections 6 to 6 (b)) for a new offer, the Austrian broadcasting can be to



1 knowledge to win the he for the proposal for a new quote (§ 6a para 1) or otherwise required to carry out the order screening, or outcrops on the expected demand for the new offer to receive, or 3rd novel technical and/or journalistic concepts and solutions to try out, the new offer without preliminary order for a period of up to six months during a trial run organise 2 or provide.

(2) the Austrian Broadcasting has to limit the number of users of the trial operation in particular through technical measures to prevent that the trial operation tantamount to the introduction of a new offer within the meaning of article 6, paragraph 2.

(3) the inclusion of a test operation requires the approval of the regulatory authority. Is granted when the conditions of paragraphs 1 and 2 are fulfilled. The regulatory authority has to issue regulations to ensure compliance with the statutory requirements of paragraph 1 and 2 in the permit notification."

21. the heading to § 5 is as follows:

"Special orders"

22 paragraph 5 paragraph 1:

"(1) which can Austrian broadcasting his mission according to § 4 paragraph 5a, partly as a result meet, that he broadcast programmes by contractual arrangement with other broadcasters in areas of Austria-based indigenous ethnic groups making use of frequencies associated with these broadcasters. The extent of a station in this way is on a proposal from the Director-General after consulting the audience Council by decision of the Board on the program shares pursuant to § 4 credit paragraph 5a. The Austrian broadcasting can assist in the design and production of programmes by other broadcasters that distribute a stand-alone program offer to the interests of the ethnic groups taken into account, as well. Beginning and end of a broadcasting are after the first set and a participation pursuant to the third sentence to show the regulator."

23 paragraph 2 deleted § 5; the previous paragraph 3 to 6 received the labels (2) to (5).

24 the following records are added § 5 para 2:

"Moreover, is to ensure that the respective share of shipments made barrier-free accessible for hearing and visually impaired is continuously increased by appropriate measures over the prior to December 31, 2009. To the Austrian Broadcasting has a plan for the further development of barrier-free access television broadcasting pursuant to § 3 para 1 No. 2 until December 31, 2010, after hearing from for the scope of the hearing and visually impaired organisations and to create its online offering including measures for the gradual implementation. The plan is to review at least annually and adjust if necessary. A subtitling of all his TV shows with speech is medium-term by the ORF to strive for."

25 the following sentence is added to the section 5 (4):

"The procedure of cooperation and the establishment of joint ventures, as well as its resolution are to display the regulator."

26 the following paragraph 6 is added to § 5:

"(6) the Austrian Broadcasting has



1 Federal and land authorities and the authorities of the communities in the respective distribution area for calls in crisis and disaster cases and other important messages to the public and 2 private calls in justified and urgent emergencies to prevent dangers to health and life of humans at any time the necessary and adequate airtime free to make. The above provisions also apply to the spread in online offerings."

27 according to § 5, 5a the following paragraph with heading shall be inserted:

"Offer concept

§ 5a. (1) offer concepts are used, except as in this Act provided, the concretization of the legal order of the programs in the public service and offers. You have to include in particular information on the following points:



1. categories of content;

2. target group;

3. temporal design of the program or offer including any temporal restrictions;

4. technical usability of or access to the site;

5. any specific quality criteria;

6 any complementary or negative relationships to other programs or offers of the Austrian Broadcasting Corporation;

7 topics, formats, programmes or other information, what mainly, just to rank or at all is not the subject of the program or offer.

8. compliance with the requirements of this Act, in particular comments on the compatibility of the program or offer with § 4.


(2) offer concepts shall be after its initial creation, as well as after each not merely minor change of the regulatory authority. The regulatory authority shall apply the improvement of the range concept within eight weeks after delivery, when the range concept is incomplete. The regulatory authority shall prohibit the implementation of the range concept, if the event or provision of the programme in question or offer would offend against the provisions of this law or would be carried out a job screening in accordance with sections 6 to 6 (b) within eight weeks after delivery of the full range concept. Has the regulatory authority does not prohibit the implementation of the range concept within the determined period, the Austrian Broadcasting has the offer concept on its Web site easily findable, to immediately and permanently accessible for the duration of its validity. The program or the offer may be held starting with the release of supply concept or deployed.

(3) paragraph 2 does not apply to offer concepts that are created in the context of a job screening (Section 6a paragraph 1). He applies to created in a job screening and approved offer concepts only when renewed, not just minor changes, if not turn the offer pre-screening making is.

(4) the Austrian Broadcasting has in the actual design of its programs and offers from the respective offer concept lead to leave and to comply with the limits."

28. According to § 5a, following section title and section heading shall be inserted:

"1a. section"

Job screening"

29 paragraph 6 along with heading:

"The scope of application

Section 6 (1) is an order preliminary examination in the cases stipulated in this law and then perform when the Austrian Broadcasting to offer a new offer within the meaning of para 2 intends.

(2) as new offerings



1. programs or offers in accordance with § 3, held for the first time or are deployed and much of the Austrian Broadcasting due to the differ from sections 3 to 5 programs provided already at the time of order screening or offers, or programs existing 2. or offers in accordance with article 3, be modified so that the modified program or offer expected to much from the existing program or offer will differ.

(3) an essential distinction within the meaning of subsection 2 exists in particular:



1. If the offers by their content, the form of their technical usefulness or their access much of the existing programs or offers in accordance with § 3 differ, or 2. If the offers attract a significantly different target group than existing programs or offers in accordance with § 3.

An indication of a significant distinction exists when the financial expenditure resulting from the creation of new or amending amounts to more than 2 vH of the costs of the public service remit.

(4) whether there is a substantial change within the meaning of paragraph 3 in particular the offer concept (Section 5a) are relevant for the assessment, insofar as such, the program plans and annual send year offer schemes (§ 21 para 1 Nos. 3 and § 21 para 2 subpara 2).

(5) without prejudice to section 4 g a new offer before issuing an authorization referred to in section 6 shall not provided b."

30 according to § 6, following sections 6a to 6 c with headings shall be inserted:

"Procedure

§ 6a. (1) the Austrian Broadcasting has for the job screening to work out a proposal for a new quote with the following content:



1. a range concept (Section 5a);

2. a detailed justification, why is the new offering in the business and to the effective provision of the public service remit of the core, as well as the special, regulated in the Act orders, taking into account he appropriate regulated requirements for public service broadcasting in section 4 paragraph 2 to 6 and article 10;

3. a representation of the financing of the new offer, and 4. a representation of the likely effects of the new offerings on the competitive situation on the market for the offer, as well as on the variety on offer for Viewer, listener or user.

(2) the proposal for the new offer is from Austrian Broadcasting of regulatory authority, to submit the Austrian Chamber of Commerce and the Federal Chamber of labour and to make immediately and permanently accessible for the duration of the period of opinion on its website, easy to find. This is to point out that all of the planned offering adopt a position concerned within a reasonable period at least six weeks. The comments received are, insofar as they contain non-confidential data, to publish by the Austrian radio on its website. Sensitive data in terms of the impact on the competitive situation can be transmitted directly by the persons concerned the Federal competition authority. The Federal competition authority has to use this data while preserving the secrecy for the purposes of paragraph 4 and 5.

(3) if the Austrian Broadcasting not apart of the new offer, he has the proposal to submit the opinions, as well as any changes made as a result of the opinions of the range concept after the end of the period referred to in paragraph 2 of the regulatory authority and to apply for the approval of the new offer.

(4) the regulatory authority has to provide all the documentation the Advisory Board established pursuant to section 6 c and the Federal competition authority. They have to adopt a position within a six-week period as follows:



1. the Advisory Committee on the question of whether the new offering from the journalistic perspective for the effective provision of the public service remit of the core, as well as the special, regulated in the law orders the appropriate regulated requirements for public service broadcasting, taking into account in section 4 paragraph 2 to 6 and article 10, as well as to the question of the likely effects on the variety on offer for the supervisors, listeners and users;

2. the Federal competition authority to the likely impact of the new offer on the competitive situation of others in Austria of global media companies.

(5) in addition to the Austrian Broadcasting as applicant, party position comes to in the proceedings before the regulatory authority of the Federal competition authority to safeguard the interests of the competition; She may lodge complaint with the administrative court against the decision.

Decision

§ 6 b. (1) the regulatory authority has to approve the new offer, if the new offer meets the requirements of this Act and



1. to expect is that the new offer to meet the social, democratic and cultural needs of the population and to the effective provision of the public service core mission, in particular to the achievement of the objectives referred to in article 4, paragraph 1 and 5a, contributes and is not to be expected 2. that the new offer negative impact on the competitive situation on the market for the offer and the variety on offer for supervisors That will have listeners and users that are disproportionate in comparison with the contribution caused by the new offer to fulfil the public service remit of the core.

(2) a permit referred to in paragraph 1 shall be granted, insofar as these are necessary to the repercussions of the new supply on the competitive situation on the market for the offer or the offer variety for supervisors to reduce listeners and users that is not disproportionate in the sense of paragraph 1 No. 2 to an extent under certain conditions. Conditions can affect in particular the technical design and usability of the offer and the content categories covered by the offer. You can be granted also to hedge in the framework of the range concept made substantive commitments of the Austrian Broadcasting Corporation. Specific new content may be prescribed through regulations.

(3) in the context of the assessment according to paragraphs 1 and 2, the regulator has to take into account in particular:



1. the existing offer in the public service;

2. the existing, comparable with the planned offer offer of others in the Austrian media market of global media companies;

3. the specific requirements regulated in § 4 paragraph 2 to 6 and article 10 and therefore to be expected added value of the new offer compared to otherwise similar other offers in the Austrian media market;

4. encouraging possibly induced in the new offering of Austrian language and culture and the need to have unless the offer proposed by the Austrian Broadcasting is expected to show such characteristics in the program areas in accordance with § 4 para 1 a specifically Austrian embossed media range;

5. any positive impact on competition of the new offering in particular due to its journalistic or technical design innovative in comparison to existing services;

6 any positive effects of the new offer on the variety on offer for SEER, listeners and users;

7. the opinions referred to in Article 6a, paragraph 4.


(4) in the procedure section 66 paragraph 2 applies AVG with the proviso, that a resolve of the ruling can be even done by the appellate authority and a referral back to the authority of lower instance, if the appellate authority present facts so poorly determined is that the appointment of an expert is necessary.

(5) the Austrian Broadcasting has to make easy to find and accessible for the duration of its validity continuously the range concept (Section 5a) and approval by the regulatory authority on its Web site.

Advisory Board

"section 6c." (1) in the case of the regulatory authority, an Advisory Committee is set up, which has to give the opinion pursuant to Article 6a, paragraph 4 Z 1. Five of the Federal Government for a period of five years ordered members belong to this Advisory Board. The Advisory Board members are to have the right to teach at a domestic or foreign university or an other outstanding qualifications and should boast because their previous scientific work special knowledge in the field of media law, media sciences or economics.

(2) the Federal Chancellor has regulation to make further provisions on the remuneration of the members and the organisation of the Advisory Board.

(3) the Advisory Board is whether further in those proceedings where the regulatory authority on its own initiative or on the basis of a complaint or an application to determine is, be given the opportunity to comment, in accordance with article 3 par. 5 No. 2 provided offer or a program organised in accordance with § 3 para 8 which by the articles 4 b to 4f and offer concepts (Section 5a), including any after § 6 b para 2 imparted requirements ", solid frame match."

31. before article 7, following section title and section heading shall be inserted:

"1B. section

Reporting requirements"

32. paragraph 7 together with the heading:

"Annual report

Section 7 (1) Austrian Broadcasting having to report on compliance with the orders the Federal Chancellor and the regulatory authority according to sections 3 to 5 and on the implementation of article 11 in the preceding calendar year to 31 March of each year. The report is to be divided up according to the orders according to sections 3 to 5, as well as the requirements of article 11 and shall contain a detailed description of measures taken according to the orders and activities especially when compared to the respective prior-year. The report has also representations to the achieved ranges, which are to rise by recognized scientific methods to contain and to identify the extent of the revenue generated from commercial communications. In a part of the own nature and extent of commercial activities of the Austrian Broadcasting Corporation and its subsidiaries are in addition to represent. The report is finally close to a representation on the application and compliance with the criteria stipulated by the quality assurance system (Section 4a) and procedures for the design of the content offering.

(2) the report is to present the National Council and the Federal Council of the Federal Chancellor.

(3) the report is also by the Austrian radio on its website for the public easily, directly and permanently accessible to make.

"(4) the annual financial statements and the consolidated financial statements are after public disclosure (sections 277 and 280 UGB) constantly by the Austrian radio on its website until the publication of the annual financial statements of the following year easily, and immediately accessible to make."

33. before article 8, following section title and section heading shall be inserted:

"1 c. section

Other activities of the Austrian Broadcasting Corporation"

34. paragraph 8, together with the heading:

"Shared use of the transmitters

Section 8 (1) of the Austrian Broadcasting and its affiliates have to permit the sharing of their transmitters for a reasonable fee other broadcasters and terrestrial multiplex operators in the scope of the technical possibilities.

(2) the transmitters are to deploy without prejudice to other contractual arrangements in the same quality and equivalent conditions be applied also for the dissemination of the programmes organized by the Austrian Broadcasting.

(3) upon request, the Austrian Broadcasting (its subsidiary) has to make a bid for shared use. An agreement on sharing law or the reasonable fee within a period of six weeks from the receipt of a demand on it-oriented is reached, either party involved can call the regulatory authority for the decision. The regulatory authority shall decide within four months of receipt of the application. The decision an agreement to be replaced."

35. According to article 8, the following paragraph 8a and heading shall be inserted:

"Commercial activities

§ 8a. (1) call "Commercial activities" within the meaning of this law in the context of the subject of the company included on the public service remit (§ 1 para 2) any additional activities.

(2) commercial activities are organizationally and computationally from activities in the framework of the public service remit to separate (§ 39 para 4). For them, no funds from the program fee (§ 31) may be used. They can be operated for profit.

(3) commercial activities through subsidiaries or with the Austrian Broadcasting are affiliates to perceive (§ 2 para 2), carrying out any activities in the framework of the public service remit, unless these activities are closely related to activities within the framework of the public service remit or the revenues generated by them are only minor scale. § 2 para 4 shall apply mutatis mutandis for the contractual cooperation with companies.

(4) commercial communications relating to the programmes organised according to § 3 and provided services constitutes a commercial activity. Paragraph 3 only on their sales and marketing shall apply to commercial communications.

(5) revenue from commercial activities related to the public service are taken into account when calculating the net costs of the public service order (§ 31).

(6) do not include the tasks of the Austrian Broadcasting Corporation or its subsidiaries



1. the publication and distribution of products, in particular by periodic printing units not primarily serve to provide information about programs and send content. However not excluded are the publication and sale of other products that are derived directly from the Austrian radio broadcasting programs according to article 3, paragraph 1;

2. the Werbemittlung for third or similar marketing activities for third parties."

36. the heading to § 9 is as follows:

"Commercial Division programs"

37. in article 9, paragraph 1, the phrase "using others as terrestrial transmission capacities" is replaced by the phrase "via satellite, cable or digital terrestrial transmission capacities"; the last sentence is omitted.

38. paragraph 9 para 2 and 3:

"(2) the event of these programs represents a commercial activity (§ 8a).

(3) on such programs, the § 5 para 2 find the regulations last sentence, article 10, paragraph 1, 2, 11 to 14, section 11, article 13, article 14, paragraph 1, 2, 5, second and third sentences, paragraph 8 and paragraph 9, article 15, paragraph 1 and 3 and §§ 16 and 17 para 1 to 3 and 6 application. § 14 paragraph 6 shall apply with the proviso that only information on shipments and accompanying of the to include are according to § 9 of organized program not in the maximum permissible advertising time of this program Z 1. Advertising in these programs must not exceed 10 vH of the daily transmission time."

39. paragraph 9 paragraph 5:

"(5) sub-programmes must not"ORF", as well as other are offered with regard to the fulfilment of the public service mission of created or this verwechselbarer brands under the brand"Austrian Broadcasting",."

40. paragraph 6 deleted § 9.

41. the previous section 9a and heading is eliminated.

42. the previous section 9B is labeled "section 9a.".

43. in Article 9a, paragraph 1, the word "PrTV-G" is replaced by the word "AMD-G" and the last sentence reads:

"One of these two television is the broadcasting of the programme organized according to sec. 4 c."

44. § 9a, para 2 and 3 is:

"(2) the event of these programs represents a commercial activity (§ 8a).

(3) on such programs, the § 5 para 2 find the regulations last sentence, article 10, paragraph 1, 2, 11 to 14, section 11, article 13, article 14, paragraph 1, 2, 5, second and third sentences, paragraph 8 and paragraph 9, article 15, paragraph 1 and 3 and §§ 16 and 17 para 1 to 3 and 6 application. § 14 para 6 is no. 1 with the proviso that only evidence of shipments and accompanying materials of the to calculate are not according to § 9a of organized program in the maximum permissible advertising time in this program. Advertising in these programs must not exceed 10 vH of the daily transmission time."

45. paragraph 4 and 5 are eliminated § 9a.

46. According to § 9a, 9 the following section is inserted b together with the heading:



"Commercial online offer




§ 9 b. As far as the Austrian Broadcasting provides an online service as a commercial offer (§ 8a), is to carry the unique distinctness from the online services in accordance with article 3 par. 5 in particular for a permanent marking concern. A such commercial online offer may not under the brand "Austrian Broadcasting", "ORF", as well as other are offered with regard to the fulfilment of the public service mission of created or to verwechselbarer marks. Commercial communications relating to offerings according to § 3 para 5 for such commercial online services is subject to the conditions of § § 18 and 31 c."

47. the heading to § 10 is as follows:

"Content principles"

48. in article 10, paragraph 3, the word "Overall program" is replaced by the word "Complete offer".

49. paragraph 10 section 11:

"(11) the content offering of Austrian Broadcasting may include any content, which can seriously impair the physical, mental or moral development of minors, show especially, pornography or gratuitous violence."

50. the heading to § 11 is as follows:

'Promoting European works'

51. in article 11, paragraph 1, the phrase "article 6 of Directive 89/552/EEC on the coordination of laws, regulations and administrative provisions of the Member States concerning the pursuit of television broadcasting activities (television without frontiers directive), OJ is No. L 298 of 17 October 1989, S 23, as amended by Directive 97/36/EC, OJ No. L 202 of 30 July 1997, S 60 "by the phrase"article 1 par. 1 lit. n and 2 to 4 of the directive 2010/13/EC on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media services (audiovisual media services directive), OJ No. L 95 of 15.4.2010, S 1 "replaced.

52. paragraph 12 together with the heading:

"European works in demand

§ 12. without prejudice to the provisions which has sections 4e and 4f conjunction with the provisions of section 1a in the practicable and by appropriate means of the Hautpanteil of shipments of retrieval services offered by the Austrian broadcasting or its subsidiaries of European works according to article 1 par. 1 lit. n and 2 to 4 of the directive 2010/13/EC on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media services (audiovisual media services directive), OJ No. L 95 of the 15.4.2010 to S. 1."

53. the 3rd section header is as follows:

"Section 3

Commercial communication"

54. articles 13 to 17 and headings are:

"Content requirements and restrictions

Section 13 (1) commercial communication must be easily identifiable as such. Surreptitious advertising and below the perceptual border commercial communications in programmes and broadcasts are prohibited.

(2) in the commercial communication persons shall occur in the image nor in the sound, regularly presenting news and current affairs programmes or that regularly moderate other items as program formative and journalistic staff of the Austrian Broadcasting Corporation.

(3) commercial communication may not be



1. human dignity hurt, 2. discrimination according to race or ethnic origin, sex, age, disability, nationality, religion or belief or sexual orientation contain, 3. promote behaviors that endanger the health or safety, 4. promote behaviors that pollute the environment heavily, 5. promote unlawful practices, mislead 6 and harm the interests of consumers or 7 compromise editorial independence.

(4) any form of commercial communications for liquor, cigarettes or other tobacco products, as well as for medicinal products available only on prescription, medical and therapeutic treatments is prohibited. Commercial communications for all other drugs, medical devices and therapeutic treatments must be honest, truthful and verifiable. She must not harm the people.

(5) commercial communications for alcoholic beverages must meet the following criteria:



1. she may not specifically be aimed at minors and promote the excessive consumption of such beverages.

2. she may represent in particular not a minor with alcohol.

3. There should be done no connection between an improvement in physical performance and alcohol or carrying automobiles and alcohol.

4. not the impression may be given that alcohol consumption promotes social or sexual success.

5. she may suggest not a therapeutic, stimulating, soothing, or conflict-resolution effect of alcohol.

6 abstinence or moderation in the consumption of alcoholic beverages may not negatively are represented.

7. the height of the alcohol content of drinks may not be highlighted as a positive feature.

(6) commercial communication may inflict neither physical nor mental harm to minors and is therefore subject to following criteria for the protection of minors:



1. she must set no direct calls for purchase or rental of goods or services to minors who take advantage of their inexperience or credulity.

2. shall urge minors directly encourage them to persuade their parents or others to purchase the advertised goods or services.

3. she may exploit the special trust minors to parents, teachers, or other trusted third parties have.

4. she must show minors without a legitimate reason in dangerous situations.

(7) the representation of production props or prizes from insignificance value in news and programmes for political information is not permitted.

(8) the Austrian Broadcasting has contain trans-fatty acids, salt/sodium and sugars for commercial communications and in children's programmes relating to food and drinks, the nutrients or substances with a nutritional or physiological effect as particularly fat, whose excessive recording in the context of the overall diet are not recommended, to issue directives. These shall require the approval of the Board of Trustees and are easy to publish immediately and permanently accessible.

(9) the Board may set more substantive and time limitations for commercial communications. Such established policies easily, directly and permanently accessible to publish.

Television and radio advertising, advertising

14. (1) advertising must be easily recognizable and thus distinguishable as such from editorial content. It is to separate clearly from other parts of the programme by optical, acoustic or spatial means.

(2) immediately before and after children's programmes broadcast advertising aimed at minors minors is not permitted.

(3) if under this Federal Act not otherwise determined is that the Administrative Board on a proposal from the Director-General shall determine the amount of advertising in the programmes of the Austrian Broadcasting Corporation. Such established policies easily, directly and permanently accessible to publish. Airtime for advertising may not be awarded on good Friday and on 1 November and 24 December.

(4) one of the Austria-wide programmes of radio in accordance with article 3, paragraph 1 Z 1 has free advertising to stay. Advertising may be just throughout Austria in Austria-widespread radio programmes. Radio advertising must not exceed the daily duration of a total of 172 minutes on an annual average, with deviations of not more than 20 vH per day are allowed. In a program, advertising in the annual average must not exceed 8 vH of the daily transmission time. Radio advertising, which goes in State-wide programs, is to count only once and may not exceed annual average daily duration of five minutes, with deviations of not more than 20 vH per day are allowed. The duration of advertising, which when emitted (ring advertising), a State-wide program is simultaneously in more to calculate each in the five-minute duration of advertising country-wide programme in question.

(5) in television advertising may just throughout Austria. Austria-wide must not exceed 42 minutes per day per program television advertising in the annual average, with deviations of not more than 20 vH per day are allowed. In which according to the preceding sentence or § 4 of para 2 fourth set and section 4 c para to allow 2 fifth set maximum permissible advertising time is not advertising for the Austrian Broadcasting funded or co-financed movies. Within an hour, the proportion of television advertising 20 may not exceed %. See hours are 24 equal parts of a calendar day.


(5a) excluded by paragraph 5 is first and second sentence on a federal country limited advertising for events and campaigns in the fields of sports, arts and culture, as far as in the Austrian media coverage usually no broad space comes to them, as well as in the fields of folk culture and traditions and about advertising for public service health services, road safety and consumer protection. The duration of this advertising is limited with each a maximum of 150 seconds daily per State. ABS. 5 penultimate and last sentence shall remain unaffected. The advertising may be given only by the following entities in order:



1. countries and communities;

2. other legal persons of governed by public law, insofar as they are throughout the country;

3. non-profit entities (§§ 34 ff federal tax code, Federal Law Gazette No. 194/1961);

4. companies, perceive the only public service tasks in the areas referred to in the first sentence and where a country alone or with other subject to the control of the Court of Auditors legal entities with at least 50 per cent of the root, reason, or equity is involved in, or operates a country alone or together with other such entities.

The advertising may be broadcast in addition only by the Austrian Broadcasting, if the customer can prove that he has given commercial communication an at least equal amount at others, to broadcasting complementary media company in order for the purpose of advertising or will be.

(5B) the Austrian Broadcasting has the regulatory authority over all agreements to the broadcasting of advertising, specifying the nature and scope of the performance and stating the remuneration according to paragraph 5a, including the cooperation pursuant to the last sentence, to teach quarterly.

(6) not to include in the respective maximum advertising duration is the duration of



1. remarks of the Austrian Broadcasting Corporation broadcasts its programmes and accompanying materials are derived directly from these programmes and 2 product placements.

(7) the application of radio programmes of Austrian broadcasting television programmes of the Austrian Broadcasting Corporation (§ 3) and vice versa is, unless there is evidence of individual broadcast content, not allowed.

(8) television advertising for periodic printing works may point out the title (name of the printing plant) and the journal line, but not on its content. The airtime for granted must not exceed no more than two minutes of total weekly advertising time. The award of this time and the tariffs must be all media owners of these printing works on equal and non-discriminatory terms. More information regulates the collective work of commercial communication (§ 23 para 2 Z 8).

(9) on posts in the public service and free fundraising for charitable purposes in the program and offer online first sentence will find mutatis mutandis the provisions of § 13 par. 1, 3 and 9 as well as § 14 para 1 and para. 3 application.

(10) a principal of commercial communications may exercise no editorial influence on the content of the program.

(11) tele-shopping the Austrian Broadcasting and its subsidiaries are prohibited.

Commercial breaks

Section 15 (1) is advertising in blocks between individual programmes to broadcast. Isolated advertising must remain the exception, except for the transmission of sporting events.

(2) the interruption of television broadcasts in programs under section 3 by advertising is not allowed with the exception of the following two sets. In sports programmes consisting of autonomous parts, advertising only between the independent parts may be inserted, with sports programming for each full period of 15 minutes (calculated according to the programmed duration of the show without taking into account the duration of advertising) once may be interrupted and a maximum of four interruptions are allowed within each of the start of the broadcast on annualized hour. The advertising only during the intervals must be inserted in sports broadcasts and broadcasts of similarly structured events and performances with breaks.

(3) programs according to articles 9 and 9a television advertising in the current programmes can be played up subject to the following restrictions, provided that she not affect the integrity of the programmes, taking into account the natural breaks and the duration of the programme. The rights of rights holders must be not violate it. The transmission of films made for television (with the exception of series, serials and documentaries), cinematographic works and news programmes may be interrupted once for each scheduled period of at least 30 minutes for television advertising. The transmission of children's programmes may be interrupted at most once for each scheduled period of at least 30 minutes, but only if the total duration of the programme more than 30 minutes after the broadcast schedule. The transfer of services must not be interrupted by television advertising.

Product placement

Section 16 (1) is not subject to the provisions of paragraph 2 and 3 allowed product placement (§ 1a para 1 No. 10).

(2) the free provision of goods or services, such as production props or prizes in terms of falling under the prohibition of paragraph 1 to their inclusion in a programme. This exception does not apply to news programmes as well as programmes for political information.

(3) excluded from the prohibition of paragraph 1 are films, television films and television series as well as sports and programmes of light entertainment. This exception does not apply to children's programmes.

(4) without prejudice to the provisions of § 13, broadcasts in any case also may contain no product placement for the benefit of companies, whose principal activity is the manufacture or sale of cigarettes and other tobacco products. Product placement is also regional broadcast television inadmissible, as well free deployments according to § 1a Z 10 last sentence.

(5) programmes that contain product placement, have to meet the following requirements:



1. your content or their scheduling must be not so influenced, that will affect the responsibility and editorial independence.

2. may not immediately ask you to purchase or rental of goods or services, in particular not by special promotional references to those goods or services.

3. you may not turn out to the product in question.

4. you are to show start and end, as well as in case of interruptions in accordance with § 15 when a programme resumes after an advertising break clearly to mark, to prevent any misleading of the consumer.

(6) 4 is not applied, unless the relevant broadcast not by the Austrian Broadcasting was itself or a company affiliated with the Austrian Broadcasting produced or commissioned and they had no knowledge of the existence of product placement section 5 Z.

Sponsorship

Section 17 (1) sponsored broadcasts must meet the following requirements:



1. your content in television or radio programmes, and their scheduling may are influenced by the sponsor in no case in the way that the responsibility and editorial independence in the programmes will be touched.

2. you are by name or logo, or any other symbol of the sponsor at the beginning or at the end clearly identified as sponsored broadcast to mark as an indication of its products or services, or a distinctive sign thereof (sponsorship announcements). Sponsorship announcements are not allowed during a broadcast.

3. you may not directly encourage the purchase or rental of products or for the use of services of the customer or a third party, in particular through specific promotional references to those products or services.

(2) sponsorship by natural or legal persons whose principal activity the manufacture or the sale of products or the provision of services for the commercial communication pursuant to article 13 or under other legal provisions is prohibited, is prohibited. The sponsorship by undertaking whose business includes the manufacture or sale of medicinal products and medical treatments, may be, but not pointed out on the name or the image of the company specific medicinal products or medical treatments, which are available only on medical prescription.

(3) news and programmes for political information may are not supported financially within the meaning of paragraph 1.

(4) to sponsor references in favor of media owners of periodic pressure works, § 14 para 8 shall apply mutatis mutandis.

(5) unless it is in a sponsored broadcast to such benefit charitable or otherwise in the public interest purposes, sponsorship announcements are in the § 14 to allow regulated advertising time. Attributable to such items of regional programmes on the television sponsorship announcements duration is determined by the ratio of population to the total population of in Austria achieved technically through the regional programme.


(6) the design of programmes or programme parts according to thematic is not permitted third parties for a fee. The broadcasting of a programme may be made depending on the condition, that the funding will contribute to the broadcast."

55. paragraph 18, together with the heading:

"Requirements for Teletext and online offerings

Section 18 (1) on the event and the provision of online services in the public service apply the regulations this Federal Act without limitation. May in each fiscal year revenue of Austrian Broadcasting of commercial communications in its online offerings in the public service the height by 3%, from 1 January 2013, 4 per cent and not exceed 5 vH of receipts of the licence fee raised in the preceding calendar year in the way of article 31, paragraph 1 from 1 January 2016.

(2) on the event of teletext and the provision of online services in the context of the commercial activities (§ 8a) find in substantive terms pursuant to sections 10 and 13 to 17 application, insofar as not otherwise determined is. The proportion of commercial communication in these offerings is determined by decision of the Board of Trustees.

(3) the services referred to in article 4f par. 2 Nos. 1 to 7, 9, 11, 13, 14, 16, 20, 21 and 23 to 28 may not be provided in the course of commercial activities.

(4) commercial communications in teletext and online services is permitted only in standardized forms and formats. Forms where a performance-related in such a way you are charged, marketing tools to be employed with the aim to achieve a measurable response or transaction (performance marketing), with the user as well as those forms where user behavior data storage based on a customization is done are not permitted. The pricing of commercial communication in online services has to be made in the form of a monetary amount per visual contact. The granting of discounts in the distribution of commercial communication in online offerings is allowed solely on the basis of quantity scales in the genus of same media. The granting of discounts in the form, that commercial communications on a larger scale is provided when was acquired for standardized rates (natural border), is inadmissible. All forms, services, prices, discounts and cash discounts are set in the collective work for commercial communications and publishing.

(5) commercial communications relating to online services, including the State pages is permitted only nationwide."

56. According to § 18, 18a the following paragraph with heading shall be inserted:

"Information requirements

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



1. the specific company name of the organizer of a program or deployer of a polling service, 2. whose postal address, 3. information, which will enable fast with him contact record and immediately and effectively to communicate, including E-Mail address and Web site, as well as 4. specifying the Einrichtung(en)."relevant to the legal supervision

57. in article 19, paragraph 1, of the comma is replaced by a semi-colon at the end of the No. 3; No. 4 is omitted.

58. in article 20 para 3 Z 5, § 26 para 2 and § 28 para. 2 No. 4 is added to each a space and the phrase "or of the European Parliament" after the phrase "a general representative body".

58A. the following sentence is added in article 20 paragraph 8:

"Third movement and its results can consult also the members of the examination Commission planned tests according to § 40 paragraph 3 the Board or its committees. No obligation meets the members of the examination Board to the Foundation Board, if thereby not the testing purpose is thwarted."

59. in article 20, paragraph 10, the phrase "Z 3 to 15" is replaced by the phrase "Z 3 to 6 and 7 to 15".

60. § 21 para 1 No. 6 is:



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

61. in article 21, paragraph 1, following Z 6a to 6 c shall be inserted:



"6a. the approval of the quality system (article 23, paragraph 1 Z 1a);"

6. about policy for the audiovisual commercial communications especially with regard to audiovisual commercial communications addressed to minors;

6 c. to the plans presented by the management on the development of barrier-free offer for hearing and visually impaired people;"

62. in article 21, paragraph 1, no. 7 is replaced by the phrase "commercial communications" the phrase "of the Werbefunks".

63. § 21 para 1 No. 13 to 15 is:



"13 resolutions concerning restrictions on the advertising and audiovisual commercial communication in accordance with article 13, paragraph 7 and 8, as well as § 14 para 3;              

14. the resolution on the annual report (section 7);

"15. on the proposal of the Director General the definition of the scope and the nature of the transmission of radio programme pursuant to § 3 para 6 as well as resolutions concerning commercial activity within the meaning of §§ 9-9 b."

64. § 21 para 2 Nos. 1 and 2 is:



"1. to the General guidelines to be issued by the Director-General for the programme design, programming and programme coordination in radio and television, as well as in the online-offer (§ 23 para 2 subpara 1);"

"2. for the transmission to be provided in accordance with the long-term plans of the program and the program guidelines (No. 1) by the Director-General to create and the Foundation Board until 15 November for the following calendar year and offer schemes for radio and television (year transmission schemes) and the online offering (year offer schemes) in accordance with the criteria of the quality assurance system, as well as to the event of Division programs (§ 9 para 2), to determine the scope of advertising according to § 18, as well as to the organisation of mobile terrestrial television (section 9a);"

65. § 21 para 2 Z 9 is:



"9 to be redesignated the dedication reserve in accordance with § 39 para 2;"

66. § 23 para 2 No. 1 is:



"1. the setting of general guidelines for program design, programming and programme coordination in the radio and television and online, as well as the creation of year transmission schemes and year offer schemes each with consent of the Board of Trustees (§ 21 para 2 Nos. 1 and 2);" Here, the Director-General has to submit a detailed description of actions planned according to the statutory orders and activities, and to justify the extent to which they meet the criteria defined in the framework of the quality assurance system;"

67. in article 23, paragraph 2, 1a is inserted following Z:



"1a. to define the creation of a quality assurance system, which criteria and procedures to fulfill the public service core mission under the terms of section 4 has;"

68. § 23 para 2 Z 8 is:



"8. the request for fixing of the licence fee to the Board of Trustees and the reimbursement of proposals to the Foundation Council on the establishment of the collective work of commercial communication;"

69. in section 24 para 2 replaced the phrase "at least four and no more than six" by the phrase "more than four".

70. in article 26, paragraph 2 Z 8 and § 28 para. 2 Z 9 word "as well as" the phrase each after the ' Managing Director and "inserted.

70A. in article 28, paragraph 1 the phrase does not apply "it consists of 35 members" and the preceding comma.

(b) 70. In article 29, paragraph 5 is inserted after the phrase "Follow done" the phrase "or a cause of exclusion pursuant to § 28 para 2 occurs when a member subsequently".

71. in article 30, paragraph 1 No. 3 and in article 37, paragraph 1 and 2, the phrase "of the Federal Communications Senate" is replaced by the phrase "the regulatory authority".

72. in article 30, paragraph 1, no. 6 is inserted after the word "Year transmission schemes" the phrase "and year offer schemes".

73. § 30 par. 1 Z 7 is:



"7.



the reimbursement of the justified recommendations to the quality assurance system."



74. in article 30, paragraph 1 Z 8 eliminates the bracket expression "(§ 5 Abs. 3)".

75. According to article 30, the following section shall be inserted:

"5a. section"

Equality between women and men

Equality bid

section 30a. (1) the representatives or representatives of the Foundation "Österreichischer Rundfunk" (Foundation) are obliged, in accordance with the provisions of the equal opportunities plan (section 30 b) to work towards the removal of an existing under-representation of women in the total number of permanently employed and functions, as well as of existing discrimination of women in the context of the employment relationship.

(2) women are under-represented if the proportion of women in the total number of permanently employed, including full-service commercial workers.



1 in the relevant Web Analytics, pay - or function group or 2nd in other highlighted applications or functions, which no subdivision into groups exhibit, Foundation less than 45vH.

Gender equality plan


Article 30 b. (1) on the proposal of the Working Group for gender equality (§ 30 m) the Director-General or the Director-General has to adopt a gender equality plan. The equality plan is based on the proportion of women in the total number of permanently employed to discover the 1 July of every second year, including full-service commercial workers, as well as the fluctuation to be expected for a period of six years to create and update. After two years, he is on current developments to adapt.

(2) in the equality plan is anyway, set in which time and with what human, organisational and out - and educational measures in which uses an existing representation, as well as existing disadvantages of women can be eliminated. Binding targets to increase the proportion of women are each for two years in



1 in the relevant Web Analytics, pay - or function group or 2nd in other highlighted applications or functions, which no subdivision into groups exhibit, to lay down the Foundation.

Priority recording

section 30c. (1) applicants, which are equal or equally suitable as competitors, are best, if these reasons outweigh not in the person of a competitor as long as primarily to record according to the provisions of the gender equality plan, for the desired position until the percentage of women in the total number of permanent employees, including full-service commercial workers.



1. in the relevant Web Analytics, pay - or function group or 2nd in other highlighted applications or functions, which no subdivision into groups have that Foundation 45% is.

(2) the reasons referred to in paragraph 1 in the person of a competitor may have no direct or indirect discriminatory effect against applicants.

Priority in promotion

section 30 d. (1) applicants, which are equal or equivalent suitable as competitors, are best, unless this there are more reasons not in the person of a competitor, to order, as long as a priority according to the provisions of the equal opportunities plan for the aspired highlighted use (function) to the proportion of women in the total number of permanent employees, including full-service commercial workers.



1. in the relevant Web Analytics, pay - or function group or 2nd in other highlighted uses or functions which have no division into groups the Foundation 45% is.

(2) the reasons referred to in paragraph 1 in the person of a competitor may have no direct or indirect discriminatory effect against applicants.

Priority in the education and training

section 30e. Women are to participate in education and training, which qualify to take of higher-quality usages (functions), to allow priority according to the provisions of the gender equality plan.

Representation of women in institutions and bodies

§ 30f. In the composition of collegial bodies provided for in this federal law and orders of the Director, the directors and country directors and orders and elections of members of committees, caution is to take on a balanced representation of both sexes. The vorschlags under this Federal Act for this collegiate organs - and order-authorized institutions, authorities, interest groups and other organizations and institutions should take into account this principle in reporting their proposals and carry out of your order file.

Tendering jobs and functions

§ 30 g. In tender spots in the Foundation in accordance with § 27 are the requirements associated with the workplace or the function and tasks so as to formulate that they affect women and men equally. The tender must contain no criteria that do not objectively establish the requirements of the post and have no additional comments that suggest a specific gender. A tender has in any case the note to contain, that applications from women for jobs of a specific use or for a particular function are particularly desirable, if the proportion of women in such use or function under 45vH is located. The staff selection process is transparent and comprehensible. The equality plan in accordance with section may provide for the occupation of jobs and functions further measures to eliminate an existing representation, as well as of existing discrimination against women in personnel selection 30 b.

Continuing validity of legislation

§ 30 h. The Federal law on equal treatment, Federal Law Gazette I no. 108/1979, each as amended, remain unaffected by the provisions in this section no. 66/2004, as well as the Federal law on the equal treatment Commission and the equal treatment advocacy, Federal Law Gazette.

Institutions

§ 30i. are individuals and institutions who I deal particularly to amended, and equality in accordance with this Federal Act 66/2004, is with the equal treatment according to the I of part of the Federal law on equal treatment, Federal Law Gazette:



1. the equal opportunities Commission, 2. the equal opportunity officers, and 3. the Working Group for gender equality.

Equality Commission

section 30j. (1) in the case of the Foundation, a gender equality Commission is set up, which members include:



1. five representatives or representatives who are appointed by the Director-General or the Director-General, 2. five representatives or representatives who are of the Central Works Council and 3 a representative or a representative of the Working Group for 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 hand per term have to order alterierend three women and two men and two women and three men. For the first term of Office after the entry into force of the Federal Act Federal Law Gazette I no. 50/2010 of the Central Works Council ordered three women and two men.

(3) the representative or representatives of the Working Group for gender equality participate in the meetings of the gender equality Commission Advisory, with the exception of the election of the or of the Chairperson of the gender equality Commission, at which he or she is entitled to vote (para. 4). In addition, the representative or the representative of the Working Group for gender equality have the same information and related - and question rights as the other members.

(4) the members of the equal opportunities Commission elect from the who a a Chairman or a Chairperson as well as from the Director-General or the Director General members ordered circle of members ordered the Central Works Council Deputy Chairman or a Deputy Chairman.

(5) for each Member is a substitute member of the sex of the Member for which to order. (Substitute members) members are appointed for a lifespan of five years; May be reappointed.

(6) the members (replacement) of the equal opportunities Commission have knowledge or experience in the field of equal treatment and the promotion of women to exhibit of anti-discrimination, human rights or the representation of employees and workers.

(7) the Equality Commission has with all in accordance with the first part of the Federal law on equal treatment, Federal Law Gazette I no. 66/2004, amended, and equality in accordance with this federal law related issues to meet particular findings and to submit proposals (§ 30 k). The Equality Commission is entitled to receive the annual personnel statistics (§ 30 p) and to evaluate. The Equality Commission elects the Ombudsman and their representatives or representative (§ 30 l). The Equality Commission has to submit an annual activity report to the Foundation Board.

(8) the Foundation makes available the necessary human and material resources for the pursuit of the equal opportunities Commission.

Proceedings before the equal treatment Commission

§ 30 k. (1) at the request of one of the persons referred to in paragraph 2 or institutions or of its own motion the Equality Commission has to determine whether a violation of the commandment of equal treatment according to the I. of part of the Federal law on equal treatment, Federal Law Gazette I 66/2004, amended, or a violation of the gender equality law is according to the sections 30a to 30 g.

(2) for the submission to the Commission, it shall be entitled:



1. each applicant and each applicant for admission into an employment or training relationship with the Foundation, 2. every worker and every worker, that or an added to her or him discrimination after the 1st part of the Federal law on equal treatment, Federal Law Gazette I 66/2004, in the current version, or a violation of the gender equality law claims § 30 c to 30e according and 3. the Working Group on gender equality and 4 each and every gender equality officer for his or her area of representation.


(3) If an application concerns an individual, this requires the demonstrable consent of the affected applicant or worker or the affected applicant or employee. The applicant or the applicant has the right to allow, in particular, by the Ombudsman, the equality officer or a representative or a representative of an advocacy by a person representing her or his confidence in the proceedings before the equal treatment Commission.

(4) the Equality Commission of considers that there is a violation of the commandment of equal treatment or of the woman promotion bid is she has to determine this in writing to submit a proposal to the achievement of equality or gender the Director-General or the Director-General and to ask him or her to end discrimination against or to ensure equality and concern which, if necessary, or the responsible representative or worker or the responsible representative or employee of the Foundation to the labour legislation for the violation of the commandment. The Director-General or the Director-General has this period of two months in writing and justified comment. The Director-General or the Director-General does not fulfil these proposals, this fact in the report to be submitted to the Foundation Board on the activities of the equal treatment Commission (section 30j paragraph 7) is to record.

(5) the meetings of the gender equality Commission are non-public and confidential. The Equality Commission can respondents, in particular informed representatives or representatives of the Foundation, as well as their meetings involve experts. The Equality Commission has the right to obtain information or opinions of the representatives or representatives of the Foundation; they are obliged to provide the requested information or opinions. The Equality Commission is a business and rules of procedure which lays down in particular the presence and Konsensquoren, the session period, the forms of the convening of the meetings and the detailed arrangements for the procedure.

Equal opportunities officer

section 30 l. (1) the Director General or the Director-General has, taking into consideration the personnel structure and the regional distribution of services in the Federal territory to set at least three representative areas for gender equality officer. For each area of representation has the equal opportunities Commission after consultation with the Working Group for gender equality to order an equality officer or an Ombudsman and whose whose Deputy or deputies out of the staff of the Foundation for a lifespan of five years; May be reappointed. The initial order after entry into force of the Federal Act Federal Law Gazette I no. is 50/2010 instead of listening to the acting Ombudsman of the Working Group for gender equality. As Ombudsman and whose delegates are at least half women order. This caution is particularly on knowledge and experience in the field of equality and advancement of women, anti-discrimination, human rights or the representation of workers and workers in gleichstellungs - and woman-promotional terms.

(2) the Ombudsman have become with all equality between women and men after the 1st part of the Federal law on equal treatment, Federal Law Gazette deal I no. 66/2004, as amended, and gender in the meaning of this federal law matters. The Ombudsman have in particular requests to answer requests to accept complaints or suggestions that individual workers and workers of their area of representation on issues of equality and advancement of women, or to provide the Working Group for gender equality. Are the equal opportunities officer to bring the alerts in their area of representation and to inform about the incoming applications. The Ombudsman shall be entitled to request information orally or in writing in the application process or to submit comments or suggestions. The Ombudsman shall be entitled to participate in matters affecting their area of representation to Declaration of infringement of the equality - or equality bid applications to the equal opportunities Commission and the gender equality Commission advisory meetings concerning these amendments.

Working Group on gender equality

section 30 m. (1) in the case of the Foundation, a working group on gender issues (working group) is to set up. The Ombudsman and their representatives or alternates belong to as members of the working group. The Working Group shall elect from among its members a Chairman or a Chairman and their or his substitute or Deputy and ordered the Member and alternate member of the equal treatment Commission. For the first term of Office after the entry into force of the Federal Act Federal Law Gazette I no. 50/2010 is the acting equal opportunities Officer Member of the equal opportunities Commission.

(2) the Working Group has become with all equality between women and men after the 1st part of the Federal law on equal treatment, Federal Law Gazette deal I no. 66/2004, as amended, and gender in the meaning of this federal law matters. It is the Working Group in particular, with the consent of the person concerned the Managing Director or the General Manager of one reached reasonable suspicion of discrimination or breach of equality bid to inform and to submit a proposal to the achievement of equal treatment or of equality after the sections 30a to 30 g them noted. The Working Group is authorized to make amendments to the equal treatment Commission (§ 30 k para. 2) and to receive the annual personnel statistics (§ 30 p) and to evaluate.

(3) the Working Party is entitled, the Director-General or the Director-General a proposal for the creation of the gender equality plan (section 30 b) to refund. The Working Group shall be entitled to submit a written report on its activities and the achievement of equal treatment and equality in the Foundation in the previous calendar year to the Director-General or the Director-General.

Legal status and confidentiality

§ 30n. (1) the members of the equal opportunities Commission and the Ombudsman are self-reliant and independent and bound by any instructions in the exercise of their activity.

(2) the Chairman of the Working Group for gender equality is to indemnify under pay their fee from the service. The other Ombudsman and the equality commissioners are exempted under payment of remuneration to the extent required for the fulfilment of their tasks from the services, if important business interests do not preclude the; Use of the begin time is to inform the or the supervisor.

(3) the representatives and representatives of the Foundation members of the equal opportunities Commission and the Working Group, as well as the Ombudsman in carrying out their responsibilities to support and are obliged to provide the information necessary for the performance of their functions.

(4) the members of the equal opportunities Commission and the Ombudsman have all personal data known to them only in the exercise of their function and circumstances, service - and trade secrets, to keep them with strictest confidentiality as Affairs referred to secret, technical equipment, procedure and peculiarities of the operation, in particular about the. The members of the equal treatment Commission and the equal treatment Ombudsman are obliged to maintain confidentiality of all information entrusted to them by individual workers or workers also, which are the thing to or desire to keep workers or employees confidential. This obligation to maintain secrecy continues even after the termination of activity as members of the equal opportunities Commission, as Ombudsman or Commissioner for gender equality.

(5) the representatives and representatives of the Foundation, as well as the supervisor may not obstruct members of equal opportunities Commission or the Ombudsman in the performance of their duties and therefore also not discriminate against them. This activity no disadvantage may arise from in their professional advancement equality commissioners and the Ombudsman.

Rest and ends the membership and functions


§ 30o. (1) the membership to the Equality Commission, to the Working Group for gender equality, as well as the function of equality officers and equality officer rest during the time of decommissioning or a leave of more than three months. These memberships and functions end with the expiry of the function, with the transfer abroad, with departure from the headcount of the Foundation, through renunciation and Ombudsman by leaving the relevant area of representation.

(2) the bodies authorized to order or choice have to impeach members of the equal opportunities Commission or Ombudsman by their function when this can no longer exert their function for health reasons or you them grossly violate duties whether function or constant neglect.

Personnel statistics

§ 30 p. The Foundation has per year each to create a statistical analysis of their personnel structure the date 31 October and to forward the Equality Commission and the Working Group for gender equality. Here in particular the shares of the sexes as regards functions, uses, remuneration, part time are, to represent duration of use and applications."

76. paragraph 31:

"Article 31 (1) is entitled to the reception of radio or television broadcasts of Austrian broadcasting a continuous program fee (pay radio, television fee) everyone. The amount of the licence fee is set at the request of the Director-General of the Board of Trustees. The Director-General has a request for rescheduling of the programme fee in keeping with the economic need to make, but at the latest after the expiry of five years from the last request.

(2) the amount of the licence fee is set so that the public service remit can be fulfilled on the basis of an efficient, economic and functional management; This Ordinance shall take on the overall economic development. The amount of the licence fee is limited to that amount is needed to cover the estimated net cost of the public service remit in the face of expected number of the debtor to pay the program fee within a period of five years from the establishment of programme fees (financial period). Assumptions underlying the calculation of the amount of the licence fees based on expected developments have to be justified and understandable.

(3) the net cost of the public service remit correspond to the costs incurred for the provision of the public service remit, after deduction of the generated net proceeds from commercial activities relating to public service activities, other public benefits, in particular the attention to paragraph 11, as well as of the commitments made in the dedication reserve (§ 39 para 2) and taking into account any group reviews. Losses from commercial activities should not be included.

(4) in addition in addition to the net within the meaning of paragraph 3 an any financial requirements for assignments to unbound equity under the requirements of section 39 can be considered when determining program pay exceptionally b.

(5) if there are resources on the blocked account (§ 39 c) at the time of determining the amount of the licence fee, are these funds by the net costs of the public service mission to withdraw. The means of the blocked account are evenly to dissolve over a period of no longer than five years. These funds are funds from program fee within the meaning of this Act.

(6) in determining program pay you can be included on the next funding period of expected price or cost increases in the cost of the public contract. The commitments of the Austrian Broadcasting separately must be given to the blocked account (§ 39 c) and may be used only to cover the price expected for each year and cost increases.

(7) the request of the Director-General has to include declarations, that are required to set the licence fees in accordance with the preceding paragraphs.

(8) the decision of the Board with which the amount of the licence fee is set, require the approval of the audience. No reasoned objection is raised within eight weeks of the decision of the Foundation Board of the public Council, the approval shall be considered given. But within this period by the audience Council the approval expressly denying, the decision of the Board is effective only if he has a steady-state decision.

(9) upon completion of the procedure set out in paragraph 8 is the decision of the Board of Trustees of the regulatory authority in connection of the underlying decision based application to submit. The regulator has to repeal the decision of the Board in accordance with § 37 para 2 within three months after delivery, when he stands with the provisions of the preceding paragraphs in opposition. This period shall begin to run when all information was provided the regulatory authority needed for this evaluation only. The redefinition of the licence fee is in effect not before expiry of this period. § 13 para 3 AVG applies with the exception of his last sentence.

(10) the program fee is to pay regardless of the frequency and the quality of the programmes or their reception. The beginning and the end of the obligation to pay the program fee, as well as exemption from this obligation are based on federal regulations for the licence fee.

(11) which is due to the exemptions referred to in the preceding paragraph the Austrian Broadcasting resulting elimination of licence fees by the Federal Government through a financial contribution to be granted annually in the years 2010 to 2013 in accordance with the following provisions to pay him:



1. the compensation allowed the actual elimination of revenue from program fee resulting from the exemptions do not exceed, anyway, but in the years 2010 and 2011 not more than EUR 50 million and amount to not more than 30 million EUR in the years 2012 and 2013. The above amounts are the Austrian Broadcasting by the Federal Minister of Finance June 30, in 2010 to October 31, to transfer.

2. the compensation goes to in the years 2011 to 2013 anyway, only if, in the previous year, following general prerequisites are met: a. continuation of the film-TV agreement and the resulting commitments by the Austrian Broadcasting and b. continuity of the Radio Symphony Orchestra and c. continuous increase of share of Austria-specific films, series and documentaries, as well as the children's programmes in the form of self -, co - and productions of Austrian Broadcasting to the overall program, and d. increase of barrier-free accessible items.

As a basis for the calculation of the shares in accordance with letter. the percentage of the total content provision of the Austrian Broadcasting Corporation calculated in the average of the year 2009 is c and d.

(12) in addition to the General requirements according to paragraph 11 the compensation depends on each following particular conditions:



1. in the years 2011 to 2013 by the maintenance of the sending of the Sports Division program in accordance with § 4 (b) in the preceding calendar year, also 2nd in 2011 by the year 2010 were made submission to the order screening for the information and cultural Spartenprogamm (section 4 c), 3rd in the year 2012 of the recording took place in the year 2011 and maintaining regular broadcasting of the approved by the regulatory authority according to § 6 b information and Culture Division program , as well as 4th in the year 2013 by maintaining the broadcasting of information and Culture Division program in the year 2012.

(13) in addition to compliance with the General and specific conditions in accordance with paragraph 11 and 12, the Austrian Broadcasting has in accordance with the following regulations to implement structural measures to the medium-term substantial reduction in the cost base. The Director-General has this year, starting from 2010 for each subsequent calendar year the Foundation Board measures to present indicators and target values to the following fields for approval:



1. go to the structural reduction of personnel costs, including a reduction of capacity and the reduction of the per head cost;

2. to the sustainable reduction of expenses which are not directly related to programme investment and 3. to improve the technology and infrastructure modernization.


The structural measures are by the Director-General to set, that in the medium term a balanced result of from ordinary activities can be ensured. The Director-General has immediately to submit the structural measures of the examination Board (§ 40) that to give an opinion has within six weeks whether they comply with the requirements of this paragraph. The Committee delivers no opinion within the time limit, it is assumed that no objections exist from their point of view. The Director-General has to submit the structural measures and the opinion of the Committee the Foundation Board, which has the measures to adopt indicators and target values according to the requirements of this paragraph by 31 December each year. The decision is immediately to the Audit Commission (§ 40) and the regulatory authority.

(14) the regulatory authority has to verify compliance with the requirements of paragraph 11 and 12 in the preceding calendar year starting from 2011 each year. Also the implementation and achievement of the measures to check indicators and target values for paragraph 13 in the preceding calendar year is 2012. Compliance with the requirements of paragraph 11 and 12 is prove to by the Director-General of the regulatory authority no later than 31 March. For the review of the implementation and achievement of the measures, indicators and target values in accordance with paragraph 13 in the previous year, a report including the necessary documentation is the Audit Commission from 2012 until February 28 of the Director-General to submit. The Audit Commission has the action to check indicators and target levels until March 31 and notify your test result together with a test report of the regulatory authority.

(15) the regulatory authority has to determine whether the conditions for the payment have been met after paragraph 14 in the previous year. This is not the case, the regulatory authority has the Z to reclaim 1 transferred payment with notification and to transfer the funds to the Federal Minister of finance in the previous year pursuant to paragraph 11. A set-off with compensation standing for the current year (para 11 Z 1) is allowed.

(16) the funds disbursed in the way of such payments are considered funds from program fee within the meaning of this Act.

(17) the program fee is to lift at the same time with the licence fee and in the same way like this; a different kind of payment not wipes out the debt.

(18) lagging program fees can be brought by the legal entity responsible for the introduction of the licence fee in the same way as overdue licence fees administrative action in favor of the Austrian Broadcasting Corporation.

(19) collective works are easy on the website of the Austrian Broadcasting Corporation to make directly and permanently accessible to commercial communications. The collective works have rules on price, performance, form, to include discounts and discounts for commercial communications. Allocation of other than commercial communications by the regulated in the collective work is not permitted. A purchase or Exchange-related transactions are to identify separately and allowed only under precise conditions. The collective works are to indicate the regulatory authority. "The amount of the fees of the program is in the"Amtsblatt zur Wiener Zeitung"and disseminate on the website of the Austrian Broadcasting Corporation."

77. after article 31a, the following section 6a is inserted:

"6a. section"

Competitive behaviour of the Austrian Broadcasting Corporation

Transfer of sports rights to third parties

Article 31 (1). the Austrian Broadcasting has to grant an authorization of use on sports for the recovery types required to broadcast other broadcasters on demand for appropriate remuneration within the framework of legal admissibility or to cede or not exclusively to give the right to the production of a sports broadcast, if it not itself radiates these sports in its programs according to § 3 (1) and 8.

(2) the Austrian Broadcasting has to provide information about interested broadcasters which paragraph 1 can be transmitted to broadcasting rights to at any time. He has this information to provide timely online and decide which rights can be passed without undue delay.

(3) claims under para 1 decide whether the ordinary courts.

Market behavior

§ 31c. (1) funds flowing to Austrian Broadcasting of program fee are not allowed in a way to fulfil the public service remit distort competition not required. In particular the Austrian Broadcasting may use these funds not to do this:



1. broadcasting rights to purchase prices to excessive, unjustified according to commercial principles;

2. commercial communication for prices to offer, which measured on commercial principles are too low and only serve to increase the market share of the advertising market to the detriment of competitors.

(2) business relationships within the Austrian Broadcasting Corporation, between the Austrian Broadcasting and its subsidiaries (§ 2 para 2) or between the subsidiaries have insofar as it involves relationships between business units, the activities within the framework of the public service order on the one hand, and divisions that carry out commercial activities on the other hand, to comply with the principle of third-party comparison. This principle is complied with, if these business relations with conditions, which would be economically acting third parties in their business practices among themselves to reason.

(3) commercial activities of the Austrian Broadcasting Corporation, its subsidiaries or the companies associated with him have to comply with the principle of economic trading private investor within the meaning of article 107 TFEU. In particular an investment for the initial financing of new commercial activities may be made only, if a return on this investment is expected as a result of even an economic trading private investor would make the investment."

78. in § 32 para 2 and 3 will each after the phrase "design by" a space, and the phrase "online offerings and" inserted.

79. in article 32 is in para 7 of the parenthetical expression (BMVSG) replaces the phrase "Operating employee pension Act (BMVG)" by the phrase "Operational employees and self-employed persons Pension Act - BMSVG", and in paragraph 8 (BMSVG).

80. in article 33, paragraph 6 and § 37 para 2 the phrase "Federal Communications Senate" is replaced by the phrase "the regulatory authority".

81. in article 33, paragraph 6 the word "six" with the word "eight" and in the last sentence is replaced in the first sentence the word "two" by the word "four".

82. in article 34, paragraph 3, the phrase "the Chairman of the Federal Communications Senate" is replaced by the phrase "the regulatory authority".

83. paragraph 35 together with the heading:

"Regulatory authority

35. (1) the supervision of the Confederation on the Austrian Broadcasting is limited to supervision in accordance with this Federal Act, without prejudice to the review by the Court of Auditors. The regulatory authority is responsible for the legal supervision. In addition, the regulatory authority will decide appeals pursuant to § 33 para 6.

(2) the regulatory authority is also the legal supervision of the activities of the subsidiary companies of the Austrian Broadcasting Corporation in regard to compliance with the provisions of this Federal Act.

(3) regulatory authority is in the meaning of this federal law, as far as not otherwise determined, KommAustria."

84. paragraph 36 along with heading:

"Legal supervision

"36. (1) determines the regulatory authority in addition to the cases referred to in this federal law and the KommAustria Act - if for not other administrative authority or a court is responsible - about the violation of provisions of this Federal Act with the exception of the provisions of the 5a. Section or about the breach of the scope of an offer approach including possible according to § 6B granted paragraph 2 requirements



1 on a background of complaints a. a person by any infringement claims to be directly damaged;

b. one paid the licence fee, or this liberated radio participant within the meaning of the licence fee, provided that the complaint by at least 120 such persons or people who live with a liberated one of this fee or pay the licence fee broadcasting participants in the joint household, supported and c. of a company, whose legal or economic interests are affected by the alleged infringement.

2. at the request of a. of the Federation or a land.

b. the audience Council;

c. at least one third of the members of the Board of Trustees;

d. of the Association for consumer information or a legal advocacy, as far as television programs a violation of the provisions of article 13, paragraph 1, 2, 3, 4 first sentence, 5 and 6, article 14, paragraph 1, and 5 penultimate and last set, or of sections 15, 16 and 17 para 1 to 3; claims

(e).

as far as a violation in lit. d claims provisions in television programmes is also one in the official journal of the European communities by the European Commission in accordance with article 4 paragraph 3 of Directive 98/27/EC on injunctions for the protection of consumer interests, OJ No. L 166 of the 11.6.1998 p. 51, as last amended by Directive 2006/123/EC, OJ No. L 376 of 27.12.2006 p. 36, published authorities and organizations of another Member State of the European Union, unless 1 affect the interests protected by that institution in that Member State and the purpose of the institution specified in the publication of the submission justifies 2..

3. officio a. as far as is reasonable suspicion, that according to § 3 para 5 Z 2-provided services or programmes organised according to § 3 para 8 not the through the sections 4 b to 4f and offer concepts (Section 5a), including any after § 6 para 2 of granted conditions, solid frame match.

b. on the basis of audit reports in accordance with § 40 paragraph 6, as far as the reasonable suspicion of a violation of the provisions of articles 8a, 31c and 39 to 39b is.

(2) support a complaint pursuant to para 1 subpara 1 lit. b is to prove through a signature list, from which the identity of the persons who support the complaint, can be determined.

(3) complaints are within six weeks, requests are calculated from the time of the alleged infringement of this Federal Act to bring six months. Without to reject further proceedings are manifestly unfounded complaints and requests.

(4) the Austrian Broadcasting has to make records of all his shows and online offerings and to keep them at least ten weeks. In the case of a request by the regulatory authority, he has the required records to provide this. Moreover he has every person who is capable of a legal interest to demonstrate it, to provide access to the records".

85. in article 37, paragraph 1 and 2, the phrase "of the Federal Communications Senate" is replaced by the phrase "the regulatory authority".

86. in article 37, paragraph 2, the phrase "by the Federal Communication Senate" is replaced by the phrase "by the regulator" and respectively, the word "Broadcasting Act" by "ORF law".

87. in article 37, paragraph 3, the phrase "within six weeks" is replaced by the phrase "without unnecessary delay, at the latest however within six months".

88th in 37 paragraph 3 and 4, the phrase "The Federal Communication Senate" is replaced by the phrase "The regulatory authority".

89. in article 37, paragraph 4 is replaced "his" "their" by the word and after the phrase "in the program" the phrase 'or in the online-offer' added.

90. paragraph 38:

              "38th (1) commits an administrative offence and is fined to punish up to EUR 58 000, who - organised a program unless the following provisions on its activity shall apply - in this Federal Act, provides a retrieval service or otherwise provides an online quote and"



1 the program principles violated section 10, paragraph 1, paragraph 2 or paragraph 11 to 13;

2. § contravenes 13 para 4, § 13 para 1 to 6, article 14, paragraph 1, 3 to 5 and 9 or the sections 15 to 17;

3. contrary to Section 4a no quality assurance system operates, performs no program structure analysis or no Publikumsmonitoring or violates Section 4a, paragraph 7;

4. contrary to section 7, submit a report;

5. contrary to § 6 performs no contract screening;

6 not organizationally or computationally means from which attracts program fee for commercial activities or contravenes Article 8a, paragraph 6; separates contrary to section 8a of the commercial activities from the activities within the framework of the public service remit

7 § contravenes 9B;

8 violates article, no information given 31B or information is not online;

9. violates article 31c para 2 is not the principle of third-party comparison;

10 contrary to § 39 para 5 no separate charge.

(2) an administrative offence commits and is fined to punish with up to 36 000 euro, who contravenes the section 38a para 3, § 38 (b) § 2 or § 40 paragraph 5.

(3) an administrative offence referred to in paragraph 1 does not exist, if the Act constitutes a criminal offence falling within the jurisdiction of the ordinary courts or is threatened after other administrative penal provisions with stricter punishment.

(4) administrative penalties are to impose by the regulatory authority. The penalties accruing to the Federal Government."

91. According to § 38, following sections 38a and 38B including headings shall be inserted:

"Siphoning-off procedure

§ 38a. (1) the regulatory authority shall without prejudice to a decision in accordance with articles 37 or 38 by a decision to order the confiscation of revenue from program fee, if the Austrian Broadcasting



1 has used medium from the program fee for activities that exceed the limits of the public service remit, in particular for making a job screening would have been, but was not performed or where the authority after carrying out the order screening, adopted a negative decision in the amount of these resources, or 2. a conduct in accordance with section 31 c has increased the demand for funding from the program fee , without that this would have been necessary to fulfil the public service remit, to the extent of the increased licence fee, or 3. an education or funding a special reserve, contrary to the provisions of article 39a has made.

Are funds from the program fee within the meaning of this provision means equal to keep, which would bring in determining program pay according to § 31 para 3 will be deducted.

(2) on the basis of a levy arranged with notice, the Austrian Broadcasting has the means in the ordered amount to feed the blocked account pursuant to § 39 c and separately. Such siphoned from funds exceed 0.5 vH of the net cost of the public order, the Austrian Broadcasting has no later than in the subsequent year in accordance with the provisions of article 31 to redefine the program fee and bring the funds siphoned from under par. 1 of the net costs of the public service remit deducted (section 31 para. 5).

(3) the Austrian Broadcasting has to provide all the information the regulator upon request, to give you all information and to grant her access to all records and books, as far as this is necessary to determine the amount of the levy. As far as the regulatory authority can not determine the amount of levy from information, information, records, or books or calculating them has to appreciate him. These are all circumstances into account, which are for the estimation of importance.

(4) in order to assess in particular is not submit books or records, which he has by law to carry, the Austrian broadcasting or if the books or records are factually incorrect or such exhibit formal defects, which are suitable to consider the substantive correctness of the books or records in doubt.

(5) according to para 1 No. 2 is not to proceed if the behavior meet the facts of the article 102 TFEU.

Recovery enrichment

section 38 b. (1) the regulator finds that the Austrian Broadcasting has gained an economic advantage by one against the wrongful act contrary to provisions of sections 13 to 17 or exceeded the income limit according to § 18 para 1, can set the amount of the obtained economic advantage and declared to be taken off.

(2) the Austrian Broadcasting has to provide all the information the regulator upon request, to give you all information and to grant her access to all records and books, as far as this is necessary to determine the amount of the levy. As far as the regulatory authority can not determine the amount of levy from information, information, records, or books or calculating them has to appreciate him. These are all circumstances into account, which are for the estimation of importance.

(3) the amount skimmed off flowing to the Federal Government."

92. paragraph 39 para 2:

"(2) the net profit resulting from the financial statements is after assignment of reserves permitted under einkommenssteuerlichen legislation, according to article 39a or considering a use of funds under the conditions of section 39 to feed b of a separate reserve (dedication reserve) a possible allocation of a special reserve fund. The dedication reserve may be used only to fulfil the public service remit. She may also to cover losses which arise from the fulfilment of the public service remit, used and is to be used primarily for this purpose."

93. According to § 39 para 2, the following paragraph 2a is inserted:


"(2a) the dedication reserve is calculated the annual cost estimated in the previous five years on average, limited with an amount of 10 vH of the costs estimated for the fulfilment of the public service remit. A feeder to the dedication reserve referred to in paragraph 2 may be only until you reach the amount after the first set. The beyond portion of the profit for the year is to feed the blocked account pursuant to § 39 c and there separately. Be three consecutive years of surpluses assigned to the blocked account, the examination Board in the course of the audit of the annual has to determine whether the amount of the licence fee is equal to the actual financial needs of Austrian Broadcasting. This is not the case, the program fee is at the latest in the following year in accordance with the provisions of § 31 para 1 to redefine ORF-G."

93A. in article 39, paragraph 4 the phrase "Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as amended by Directive 2000/52/EC, OJ is No. L 193 of 29 July 2000, S 75 "by the phrase"Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings OJ No. L 193 of the 29.7.2000 p. 75, as amended by Directive 2005/81/EC, OJ No. L 312 of the Autonumbering p. 47 "replaced.

94. the following paragraph 5 is added to § the 39:

"(5) the Austrian Broadcasting has to create a guide to the separation into account to explain the cost accounting principles referred to in paragraph 4 and to record specific instructions are how the allocation of costs and revenues to the individual business areas has to be done. The Guide to the separation into account is the Audit Commission (§ 40) and the regulatory authority. The regulatory authority shall prohibit the manual separation statement within eight weeks after delivery with notice, if it is incompatible with the provisions of this Act."

95. According to section 39, following articles 39a to 39 c shall be inserted:

"Special reserve

Article 39a. (1) the creation of a special reserve by the Austrian Broadcasting is allowed only to specific projects of the following kind:



1. basic corporate restructuring measures including monitoring costs;

2. major investments in tangible fixed assets for the fulfilment of the public service remit;

3. technical innovations related to switching costs that do not directly affect the scope of the offerings in the public service.

All projects must be those which differ significantly from projects in the framework of the ongoing business; They include not the ongoing funding of public programs and services.

(2) at the time of the formation of a special reserve or the later Middle drawer to this reserve has the have to be specifically described and must be determined with regard to the entry, as well as in terms of its overall cost with reasonable probability. The formation of the special reserve can be done at the earliest after a date five years before the expected start of the execution of the project.

(3) the formation of a dedicated special reserve can take place only when the estimated total costs of the relevant project exceed the amount of EUR 10 million; the admissibility is to their education regardless of the method of financing for the projects selected. The maximum amount of the special reserve is limited at the present value of the expected, to be assigned to the project costs; a possible interest rate must be included.

(4) the use of a special reserve fund is solely within the purpose limitation income concurrent with the seizure of actual expenditure, or on the duration of the deposition for wear within the meaning of the tax legislation. An early special-purpose use is possible at any time.

(5) a resolution of the special reserve, which does not occur in the context of the purpose, can be done only through the blocked account (§ 39 c). Such a resolution has to take place anyway, earmarked resolution in favor of the project within a period of no longer than five years from that time has started, which was set in the formation of the special reserve as expected beginning of the execution of the project.

(6) the formation, funding and the use or release of special reserves require the approval of the Board of Trustees. Is to bring the planned education and resolution of a dedicated special reserve of the auditing Commission and the regulatory authority, as soon as looming in the run-up to the preparation of the annual accounts. In the course of the audit of the annual is the measure to consider separately.

Equity capital guarantee

section 39 b (1) is limited to the current in past fiscal years, and dropped the previous regular funding period, the capital of the Austrian Broadcasting Corporation due to losses from the fulfilment of the public service contract, the Austrian broadcasting can increase his freely available equity for the fulfilment of the public service mission, where the continued fulfilment of the public service remit in the medium term without this increase is no longer ensured.

(2) the increase is linked to the following prerequisites:



1. without the boost the continued fulfilment of the public service remit in the medium term (over a period of five years) is no longer ensured;

2.-to run equity capital may be used exclusively for the fulfilment of the public service remit and not for commercial activities;

3. equity capital of Austrian Broadcasting has declined due to losses from the fulfilment of the public service remit in the current or the previous funding period;

4. the increase does not exceed the amount of these losses.

(3) the assessment of the necessity of an increase of capital requirements for the continued fulfilment of the public service remit has both to take account of the risk of insolvency as also a mathematical over-indebtedness.

(4) the following forms of increase the available equity capital are allowed:



1 education possible, a free reserve already the dedication reserve led to surpluses of revenue above the net costs of the public service order;

2. formation of a free account any blocked account led to surpluses of revenue above the net costs of the public service order;

3. formation of free reserves from revenue from program fee;

4. formation of a free account mentioned separately to Government funds following approval by the European Commission; diesfalls also on the conditions of paragraph 2 and 3 also. There is no legal claim of Austrian Broadcasting this.

              (5) the measures for securing equity capital under paragraph 4 are Z 1 to 3 by the Foundation Council to approve. In addition is to bring Z 1 planned attraction of funds the dedication reserve of the examination Commission and the regulatory authority, as soon as looming in the run-up to the preparation of the annual financial statements in the cases of paragraph 4. In the course of the audit of the annual is the measure to consider separately. In the cases of paragraph 4, Nos. 2 and 3 is to apply for the implementation of the action in advance with the regulatory authority. The regulatory authority shall determine on the basis of an opinion of the Committee, to approve whether and to what extent an increase is allowed and the measure if the legal requirements are fulfilled.

Blocked account

§ 39c. The Austrian Broadcasting has an escrow for the acquisition pursuant to § 31 para 6 to section 38a, § 39 para 2a, as well as funds flowing to § 39a para 5 and to expel these separately. The use of funds of the blocked account b carried out 31 paragraph 5, section 38a, paragraph 2, and section in accordance with the provisions of § 39 para 4."

96. paragraph 40 together with the heading:

"Examination and audit of the annual

Section 40 (1) the financial statements and the management report and the consolidated financial statements and the group management report are consisting of - without prejudice to the control by the Court of Auditors - by an examination Committee to consider which have jointly carry out the check and a joint report of at least two members. If the members of the Committee come to different results, this is to retain a separate in the audit report.


(2) the members of the examination Board shall be appointed by the regulatory authority for a period of five years. As a member of the examination Board, only accountants or accounting firms may be ordered. When selecting the members of the examination Board is to ensure that the auditor or the audit firm has the structures that are required for an efficient examination of companies and groups with similar sales volumes, and has experience in the testing of such companies and groups. UGB applies for the selection of the members of the examination Board in the remaining section 271, but with the proviso that the exclusion criteria in the current nor the previous funding period must be located above. Members may belong to two consecutive terms of Office the examination Commission. The examination Board can give its rules of procedure. The remuneration of the members of the examination Board has to be carried out by the regulatory authority. For remuneration, 270, para 5 shall apply mutatis mutandis to UGB. The regulatory authority shall dictate the need for compensation paid by her decision on Austrian radio.

(3) the examination Board is to examine the annual accounts, including the accounts and the management report within three months of the template. For subject matter and scope of the audit section 269 applies to UGB. It also has the check also on the economy, efficiency and expediency of the conduct of business, as well as on the compliance of the accounting and the conduct of business with the statutory provisions, in particular with Article 8a, to extend section 31 c and sections 39 to 39 b. To this end, the Commission on the basis of samples has to inspect the entire accounting of the Austrian Broadcasting Corporation. Without prejudice to article 2, paragraph 3, second sentence includes the audit power also control of the scope of the activities of subsidiaries within the meaning of this provision, as well as compliance with the restrictions of sections 8a and 31 c para 2 and 3.

(4) the regulatory authority of the examination Board may at any time and also away from the audit of the annual grant specific test orders.

(5) all the organs and officials of the Austrian Broadcasting Corporation have to grant the members of the examination Board and the regulator access to all documents and to supply all necessary information. In addition, article 272 shall apply mutatis mutandis UGB.

(6) § § 273 and 274 (UGB) about the audit report and the auditor's report are apply accordingly. The report has further statements about all investigations relating to the inspection referred to in subsection 3 third sentence contain. An audit report is to create in the case of stand-alone tests according to paragraph 4. The audit report is to provide the Director General and the Foundation Board to comment within four weeks and then the regulatory authority along with the given opinions. The audit reports, as well as all documents forming a subject of the examination are to be kept for a period of at least three financial periods and to provide for any controls testing to.

(7) no secrecy obligation the members of the examination Board compared to the regulatory authority. The members of the Committee have to provide all information to the regulatory authority and to submit the documents, which the regulatory authority to carry out their statutorily granted responsibilities needed. The regulatory authority may, in the exercise of their statutorily granted inspection duties in addition to attract experts."

97. paragraph 47:

"§ 47. (1) this federal law is the directive 2010/13/EC on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media services (audiovisual media services directive), OJ No. L 95 of the 15.4.2010 used to S. 1. This federal law was in compliance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society, OJ No L 204 of the 21.07.1998 p. 37, as last amended by Directive 2006/96/EC, OJ No. L 363 of 20.12.2006, p. 81, shall notify (Notifikationsnummer 2010/136/A).

(2) with this federal law the directive is 98/27/EC on injunctions for the protection of consumer interests, OJ No. L 166 of the 11.6.1998 p. 51, as last amended by Directive 2006/123/EC, OJ No. L 376 of 27.12.2006 p. 36 implemented.

(3) with this federal law is Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings OJ No. L 193 of the 29.7.2000 p. 75, as amended by Directive 2005/81/EC, OJ No. L 312 of the Autonumbering implemented p. 47.'

98. paragraph 48 paragraph 6:

"Not another (6) if in this federal law determined is to remain the Media Act, Federal Law Gazette No. 314/1981, and the E-Commerce Act, Federal Law Gazette I no. 152/2001, as well as the advertising provisions of the medicines Act, Federal Law Gazette No. 185/1983, of the medical devices act, Federal Law Gazette No. 657/1996, and in the advertising restrictions existing legislation governing the exercise of health professions untouched."

99. in article 49, paragraph 4, of the parenthetical expression (BMVG) is replaced by (BMSVG).

100 the following paragraph 9 is added to the paragraph 49:

"(9) § § 1 to 21, 23, 26, 28, 30-31, 31B-40 and 47 to 50 and section names, section headings, section names and section headings in the version of Federal Law Gazette I no. 50/2010 apply with October 1, 2010. Article 16 as amended by Federal Law Gazette I no. 50/2010 applies only to programmes produced after 19 December 2009. The provision of section 24 para 2 in the version of Federal Law Gazette I 50/2010 occurs no. with January 1st, 2012 in force."

101. paragraph 50:

'Transitional provisions

Section 50 (1) for the Sports Division program in accordance with § 4 b of the Austrian broadcasting regulatory authority has a range concept (Section 5a) for the first time and no later than six months after the entry into force of the Federal Act Federal Law Gazette I no. 50/2010 to submit. Up to this point, as well as the expiry of the period referred to in section 5a paragraph 2 upon submission of the range concept the Sports Division program anyway, may be deployed. The Sports Division program is to undergo 4 b of any order screening in the context of §.

(2) for online services according to § 4e, that were provided by the Austrian Broadcasting already on January 31, 2008 or by the Austrian Broadcasting between 31 January 2008 and the entry into force of the Federal Act Federal Law Gazette I no. 50/2010 newly created or have been changed has the Austrian Broadcasting of the regulatory body offer concepts (Section 5a) for the first time and no later than six months after the entry into force of the Federal Act Federal Law Gazette I no. 50 / 2010 to submit. During this period, the Austrian Broadcasting must further provide these online offers. Such offers are to undergo any order screening.

(3) transitional provisions the following applicable for online services in accordance with section 4f:



1. for online services in accordance with section 4f, that were provided by the Austrian Broadcasting already on January 31, 2008 has the Austrian Broadcasting of the regulatory body offer concepts (Section 5a) for the first time and no later than six months after the entry into force of the Federal Act Federal Law Gazette I no. 50 / 2010 to submit. During this period, the Austrian Broadcasting must further provide these online offers. Such offers are to undergo any order screening. Offers Futurezone.ORF.at and oe3.orf.at/instyle are by way of derogation from the foregoing sentences with set 1 October 2010.

2 by the Austrian Broadcasting between 31 January 2008 and the entry into force of the Federal Act Federal Law Gazette I no. 50/2010 new created for online services in accordance with section 4f, or have been changed has the Austrian Broadcasting of the regulatory body offer concepts (Section 5a) for the first time and no later than six months after the entry into force of the Federal Act Federal Law Gazette I no. 50 / 2010 to submit. The requirements of section 6 are met when compared with the existing on January 31, 2008 online services pursuant to section 4f, is also a job screening within the time limit referred to in the first sentence making. Online deals according to par. 3 No. 2 may until the end of that period or, if necessary, up to the end of the job screening without commercial communications are provided in section 5a paragraph 2.

(4) the Austrian Broadcasting has the Guide to separation invoice according to § 39 para 5 12 months after entry into force of the Federal Act Federal Law Gazette I to create no. 50/2010. The necessary measures for the organisational and accounting separation in accordance with § 8a are to complete by December 31, 2010.

(5) in the case of the preparation of the annual financial statements and the consolidated financial statements for the year 2010, the provisions of section 9 in the version of Federal Law Gazette are to apply no. I 50/2010. At the scale of the test account is on the transition period within the meaning of the preceding paragraph.


(6) with the entry into force of this federal law as amended by Federal Law Gazette I no. 50/2010 is last in accordance with section 40 as amended by Federal Law Gazette I no. 159 / 2005 ordered examination Board dissolved.

"(7) in the section 3 paragraph 4a, 6 and 7 as well as I the Austrian Broadcasting article 5 para. 1 and 4 in the version of Federal Law Gazette No. 50 / 2010 provided ads until no later than six months after the announcement of the Federal Act Federal Law Gazette I no. 50/2010 to repay."

Article 6

Change of the private TV law

The private television Act, Federal Law Gazette I no. 84/2001, as last amended by Federal Law Gazette I no. 7/2009 is amended as follows:

1. the title is as follows:

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