389. Regulation of the Radio and Telekom Regulatory GmbH, with which the 6. Regulation of the Broadcasting and Telekom Regulatory GmbH, which sets out rules for communication parameters, charges and value-added services (communication parameter, fee and value-added services regulation-KEM-V), is amended

On the basis of § § 24 (1) and (2) and 63 of the Federal Act, which enacted a telecommunications law (Telecommunications Act 2003-TKG 2003), BGBl. I n ° 70/2003, as amended by the BGBl version. I n ° 133/2005, shall be arranged:

The 6. Regulation of the Broadcasting and Telekom Regulatory GmbH, which lays down provisions for communication parameters, charges and value-added services (communication parameter, fee and value-added services regulation-KEM-V), made known by edition For the inspection of broadcasting and telecom regulatory GmbH, the following changes are made as follows:

1. In the table of contents according to § 7 the word order " § 7a. Dialerservices with a foreign reference " , according to § 17 the word order " § 17a. Purpose " , according to § 19 the word order " § 19a. Rules of conduct for operators " , according to § 23 the word order " § 23a. Rules of conduct for operators " , and according to § 105 the phrase " § 105a. Specific rules of conduct for providers of intelligence services " inserted as well as the heading before § 78 by the numerical order ", 94, 95" is supplemented.

2. In § 3 the following Z 16a shall be inserted after paragraph 16:

" 16a.		"Mobile service" means a communication service in which the telecommunications terminal equipment, which can be used independently of the location, is connected to the communication network via a radio interface and at the frequencies used; exclusive rights of use; "

3. § 3 Z 31 reads:

" 31.		"switching function in private networks" means a functionality which, as a rule, serves to indirectly establish connections to the users or terminals of a private network that are shared by the caller; "

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

" (6) The provisions of para. 1 to 5 shall apply to intelligence services in a sense. In addition, in the case of news services, any type of sender identification may be used which does not mislead a false identity, on the basis of which the sender is identifiable and in which there is no likelihood of confusion with call numbers. "

5. In accordance with § 7, the following § 7a with headline is inserted:

" Dialer Services with Foreign Relations

§ 7a. (1) Communication service providers for fixed networks shall, within the framework of their technical and economic possibilities, take measures to ensure that their participants are able to meet their participants in the production of undesirable fee-based dial-up connections to foreign countries. Call numbers to be protected.

(2) The offering of value-added services abroad by means of dial-up access under Austrian telephone numbers is not permitted. Such a connection shall be permissible only if this connection is based on a corresponding legal relationship which goes beyond the concrete service use. "

6. In § 9, the following subsections (1a) and (2) (2a) and (2b) are inserted in accordance with paragraph 1 of this paragraph:

" (1a) Natural persons who do not have a main residence in Austria or legal persons without a registered office in Austria have a delivery agent within the meaning of Section 9 of the Delivery Act, BGBl. No 200/1982 idF BGBl. I n ° 10/2004. Any changes in the person of the service representative shall be notified to RTR-GmbH within two weeks after the change has been made. If the notification of this change is made, the Authority may, pending the re-announcement by the dispatch holder of a service representative, the delivery of documents without further attempted delivery by deposit with the Authority. "

" (2a) Participants who explicitly contract telephone numbers as communication service providers in the area of geographical phone numbers, mobile phone numbers or telephone numbers for fixed-line telephone numbers from an allocation holder pursuant to paragraph 1 of this article , child-addressing elements may also be managed independently within the meaning of § 65 (1), last sentence, TKG 2003. Such contracts shall be notified by the dispatch holder pursuant to paragraph 1 of RTR-GmbH.

(2b) The allotment holder referred to in paragraph 1 shall electronically display the telephone numbers contracted by a participant in accordance with paragraph 2a to RTR GmbH in the format specified by RTR GmbH in each case, and to indicate to which participant these numbers are have been assigned. "

7. § 9 (3) reads:

"(3) Participants who have not been expressly assigned to telephone numbers in accordance with paragraph 2 or 2a by contract as a communications service provider shall be allowed to use these numbers exclusively themselves."

8. The following paragraph 8 is added in § 9:

" (8) telephone numbers not included in this Regulation or for which no allocation is made pursuant to Section III may be allocated on a reasoned request if it has already been mistakenly communicated to a general public or considerable financial effort has been made to communicate the telephone number. The allocation shall be limited to a maximum of six months. Only one audio tape may be set up for the allocated telephone number, which indicates the non-availability of the service and, if necessary, refers to another telephone number. In the case of message services, this information can be communicated to the user by means of a message. The allocation may contain conditions which meet the purpose of the allocation. "

9. In Section 10, Section 4, Z 2, after the phrase "in the areas for geographical call numbers" the phrase ", for landline-dependent fixed-line numbers" inserted.

10. In § 11, the following paragraph 4 is added:

" (4) In the case of a call number shortage in a telephone number range, the procedure laid down in paragraphs 1 to 3 may deviate from the procedure for ensuring a sufficient number of available numbers in this area. In any case, a scarcity in a numbering range is available if 70% of the total number of call numbers available has already been allocated in this area. "

11. In § 16 (2), after the word order "Physical integrity" the word "Environment" inserted.

12. § 16 (3) reads:

" (3) Public short-call numbers for emergency services may be established if the provision of an Austria-wide emergency call service in accordance with paragraph 2 is a legal order and the provision of the service with one of the provisions laid down in § 17 Phone number is not possible. "

13. In § 17 Z 4, the word order shall be "and Gendarmerie" is deleted.

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

" Use purpose

§ 17a. (1) The public short-call number 112 shall be used to report an acute or imminent threat of life, physical integrity, the environment or property.

(2) The public short-call number 122 shall be used to report an acute or imminent threat of life, physical integrity, the environment or assets within the framework of the duties of the Fire Service.

(3) The public short-call number 128 shall be used for the notification of gas odour, gas leakage and any form of gas failure if this involves an acute or imminent danger of life, physical integrity, the environment or property.

(4) The public short-call number 133 shall be used to report an acute or imminent threat of life, physical integrity, the environment or property within the framework of the police tasks.

(5) The public short call numbers 140, 141 and 144 shall be used to report an acute or imminent threat of life, physical integrity or property within the framework of the relief and rescue system.

(6) The public short call number 142 is used to help and advise people in difficult situations, such as loneliness, strokes of fate, grief, mental health problems, depression, partner problems or anxiety.

(7) The public short call number 147 serves for professional telephone psychological counselling in connection with children and young people, in particular in the case of violence, sexual abuse or in all age-specific concerns. "

15. § 18 together with the title is:

" Numbering

§ 18. (1) The Federal Minister or the Federal Minister for the Interior shall be entitled to apply for the public short call numbers 112 and 133 for the Federal Republic of Germany.

(2) eligible for the public short call numbers 122, 128, 140, 141 and 144 for the respective federal state is the regional governor or the country's main wife.

(3) The dioceses shall be entitled to apply for the public short call number 142 for the respective federal state.

(4) The Austrian Broadcasting Corporation (Österreichische Rundfunk) is entitled to apply for the public short call number 147 for the entire Federal territory.

(5) On request, eligible persons shall be allocated the corresponding short call number for emergency call services for use within the respective area.

(6) The allocation holder shall be responsible for the coordination of those organisations which provide the handling of the associated emergency call service. For this purpose, the right to use the allocated public short-call number for emergency services may be assigned to appropriate organisations.

(7) In the cases referred to in paragraphs 3 and 4, the respective allocation holders are obliged to use the shared public short-call number for emergency call services with organisations wishing to offer a similar service. negotiate. "

16. § 19 reads:

" § 19. (1) The allotment holder of a public short call number for emergency services shall ensure that:

1.		for calls to the assigned public short call number for emergency call services, the corresponding routing target is set by each location of its dispatch area and this information is free of charges for communication network and communications service providers in an electronically reprocessable format is made available electronically and is informed of changes in a suitable manner,
2.		the emergency call service is available in the entire allocation area,
3.		The emergency call service is available 24 hours a day and is equipped in such a way that there are no significant waiting times when the call is received.

(2) The occupancy of public short-call numbers for emergency services with tape messages or similar automatic systems, as well as a behaviour that does not allow or initiate any assistance that is adequate to the emergency situation, is not permitted.

(3) Follow-up digits after a public short call number for emergency services are not permitted.

(4) The allocation holder of the public short-call number 112 shall ensure that, in the case of emergency calls which do not fall within the competence of the arbiter, a situation adequate transmission to the relevant emergency services or services shall be provided for: Control points shall be made. "

17. In accordance with § 19, the following § 19a and title shall be inserted:

" Behaviour rules for operators

§ 19a. (1) Communications network and communications service providers are obliged to implement the specifications in accordance with § 19 (1) Z 1 within the framework of the technical possibilities in the associated communication networks.

(2) Communication network operators and communications service providers shall be obliged to provide the respective allocation holder of a public short call number for emergency services on request with the routing set up in the associated communications network for the Transmit the respective public short call number for emergency call services in the corresponding area in an electronically processable format free of charges. As from 1 July 2007, this information shall be available for dispatch in an electronically reprocessable format without any charges, and shall be informed of any changes in a suitable manner. "

18. § 20 (3) reads:

" (3) Public short-call numbers for special services may be established where a legal order exists for the service concerned, independently of this Regulation, and if the provision of the service is subject to one of the provisions laid down in § 21 Calling numbers is not possible, as well as making contact by telephone is an essential part of the service. "

19. § 22 (1) reads:

" (1) eligible for the public short-call numbers 130 and 148 4 for the respective Land is the Landeshauptmann or the Landeshauptfrau, for 120 and 123 those companies which already have them before the entry into force of this Regulation. have been used.

20. § 23 (1) reads:

" (1) The allotment holder of a public short-call number for special services shall ensure that:

1.		for calls to the assigned public short call number for special services, the corresponding routing target is set by each location of its allocation area and this information is free of charges for communication network and communications service providers is made available electronically in an electronically reprocessable format and is informed of changes in a suitable manner,
2.		the special service can be reached throughout the entire allocation area,
3.		the special service is available 24 hours a day and is equipped in such a way that there are no significant waiting times for the caller when the call is received, and
4.		the requirements of Z 1 shall be determined in the cases of public short call numbers 148 4 with used sequence numbers on the basis of these numbers. "

21. In accordance with § 23, the following § 23a and heading is inserted:

" Behaviour rules for operators

§ 23a. (1) Communications network and communications service providers are obliged to implement the specifications in accordance with § 23 (1) Z 1 within the framework of the technical possibilities in the associated communication networks.

(2) Communication network operators and communications service providers shall be obliged to provide the respective allocation holder of a public short call number for special services on request with the routing set up in the associated communications network for the Transmit the respective public short-call number for special services in the corresponding area in an electronically processable format free of charges. As from 1 July 2007, this information shall be available for these allocation holders in an electronically reprocessable format without any charges and shall be made available electronically and inform them of any changes in a suitable manner. "

22. In § 37 (5), the word "certain" by the word "justifiable" replaced.

23. In § 38, the following paragraphs 4a and 4b are inserted after paragraph 4:

" (4a) The exception of paragraph 4 is cases in which the right of use of a geographical telephone number block pursuant to section 14 (3) has been replaced. In this case, the allocation of the call number block to the original allocation holder shall be permitted, even if the requested block is not the next free block in ascending order, if the application is immediately after the notification of the Erasure of the right of use is made.

(4b) Weiters of paragraph 4 are excluded cases in which a call number block is transferred in accordance with § 65 paragraph 5 TKG 2003. "

24. § 44 reads:

" § 44. The provision of operator-specific services and the provision of intelligence services directly under the area code of a private network without the use of a subscriber number pursuant to Section 42 (2) shall be prohibited. . "

25. § 46 Z 1 reads:

" 1.		Telecommunications terminal equipment for mobile services, "

26. In § 46 Z 3, the word order shall be "on mobile networks" .

27. § 78 with headline reads:

" routingnumbers-86, 87, 89, 94, 95

§ 78. National routing numbers are in the ranges 86, 87, 94 and 95. Service outnumbers are national call numbers and are in the range 89. "

28. In § 79, the following paragraph 1 is inserted after paragraph 1:

"(1a) National routing numbers in the 94 and 95 ranges consist of the double-digit range code 94 or 95 and a single-digit operator code, followed by a number sequence defined in connection with the call number porting."

29. § 80 (2) and (3) are:

" (2) Communication network operators, to which the number transmission regulation, BGBl. II No 513/2003 (NÜV), it is necessary to allocate either a maximum of two operator identification numbers in the 86 area or a maximum number of operator identification numbers for national routing numbers for this use.

(3) Communication network operators who plan to offer services to third parties in connection with mobile telephone number porting, which include the direct termination of traffic to ported mobile telephone numbers, are either for this use to allocate a maximum of two operator identification numbers in the range of 87 or a maximum number of operators in the area 95 for national routing numbers. "

30. In § 80, the following paragraphs 6 and 7 are added in accordance with paragraph 5:

Applicants who have already been assigned operator measures in area 86 in accordance with paragraph 2 or in area 87 shall only be assigned a number of operators in the 94 or 95 range if, at the same time as the application is submitted, the right to use the in accordance with paragraph 2 or (3) of the operator's number of operators already assigned.

(7) Operator measures in the range 86 and 87, whose use has been waived in the context of an application for operator measures in areas 94 or 95 in accordance with paragraph 6, may still be used for a period of six months from the former allocation holder. months from renunciation without explicit allotment. "

31. § 81 (1) reads:

"(1) National routing numbers in the areas 86, 87, 94 and 95 may be used exclusively in connection with the number porting according to § 23 TKG 2003."

32. In § 97, the following paragraph 3a is inserted after paragraph 3:

" (3a) In the event of an overall succession, RTR-GmbH may, upon request, grant the right to maintain an already allocated operator selection prefix if it is due to the revocation of the allocation of an operator selection prefix. disproportionate economic burdens would come. "

33. The previous § 98 receives the sales designation "(1)" . As a new paragraph 2, the following is added:

"(2) A assigned operator selection prefix may only be used by the dispatch holder or on a contractual basis by a communication service provider to which no operator selection prefix has been assigned."

34. § 104 (1) (2) is:

" 2.		information on the remuneration to be paid for the use of the service in accordance with paragraphs 2 to 4 and a clear indication that it is a euro, "

35. In § 104 (2), after the first sentence of the sentence, "In the case of time-dependent services with a charge of less than EUR 1.00 per minute, the indication can also be made in cents." inserted.

36. In § 104 (3), after the first sentence of the sentence, "In case of event-tariff services with a charge of less than EUR 1.00 per event, the claim can also be made in cents." inserted

37. In § 104, the following paragraphs 5 and 6 are added:

" (5) In the case of telephone numbers from the areas 810, 820 and 821, paragraph 1 (2) and (2) to (4) shall not apply.

(6) In connection with the acoustic application of services, the mention of a fee information may be omitted, provided that it is ensured that the user before the use of the service is subject to the fee to be used in accordance with § 105 (1) and this EUR 0.70 per minute or per event is not exceeded. "

38. In § 105 (3), the word order shall be "Time-Tariff Services" by the word "Language Services" replaced.

39. In § 105, the following paragraph (3a) is inserted:

"(3a) The period of ten seconds may be exceeded without regard to paragraph 3, if and as long as this is necessary for the provision of other legally required information requirements."

40. In § 105 (4) Z 4, after the phrase "exclusively used for this purpose" the word "free" inserted.

41. § 105 (4) Z 5 reads:

" 5.		there is always the possibility of ending the service free of charge, "

42. In § 105 (4) Z 7, after the phrase "according to Z 4" the phrase "or Z 9" inserted, and at the end the word "and" is deleted and added to it.

43. In § 105 (4) (8), the point at the end of the sentence shall be replaced by the word "and" replaced.

44. In § 105 (4), the following Z 9 is added:

" 9.		in the case of services where the accumulated charge for one month is less than EUR 10.00, the user shall be informed of the remuneration calculated per message in accordance with Z 2 as referred to in paragraph 1, with a non-charge-free message exclusively used for this purpose, and this message is sent whenever the accumulated charge has reached EUR 10.00 since the start of the service use or the last notification. "

Section 105 (6) reads as follows:

" (6) In the case of intelligence services where the billing is carried out on the messages sent by the user, as well as in the case of event-based voice services, payment information in accordance with paragraph 1 may be dispensed with, provided that the remuneration for the service as a whole is limited to the maximum EUR 0.70 and

4.		the maximum fee resulting from the first two digits of the subscriber number in the range 901 or 931 in accordance with section 77 (3) is obtained and in the case of voice services of the users of the service provider immediately after the payment of the language connection which is subject to payment of the fee it is clearly informed that a fee-based connection has been established, or
5.		the service is requested by a message of the user and is provided once only, as well as the first service message sent to the user is clearly informed of the fee incurred. "

46. According to § 105, the following § 105a with headline is inserted:

" Specific codes of conduct for intelligence providers

Section 105a. (1) A message service which, in the context of an ongoing interaction, requires the transmission and reception of a plurality of messages, the number of messages being not set in advance, may only be based on the messages sent by the user. shall be charged. A billing of the messages sent to the user is not permitted in this case.

(2) In the case of a message service in which a plurality of billed messages are sent in succession without the activity of the user, a message with "stop" or "stop" is sent by the user, all services of the user are behind a telephone number. immediately. The message shall be free of charge for the user pursuant to § 105 (2). This obligation shall apply to the communications service operator whose associated communications network is provided by the service.

(3) The user shall be clearly informed by the service provider of the regulation of paragraph 2. "

47. In § 106 Z 2, the word order shall be "in accordance with paragraph 1" through the phrase "according to Z 1" replaced.

48. § 108 (2) reads:

" (2) Communication service operators shall have the right to block individual foreign numbering ranges if, on the basis of external circumstances, it can be assumed that value-added services are provided in these numbering ranges or that Dial-Up access to abusive use. "

49. In § 109, the following paragraph 10a is inserted after paragraph 10:

" (10a) Public short-call numbers for emergency services pursuant to § 17 Z 1, 2, 4, 5, 7, 8 and 9 may not be used until 31.03.2007 without allocation by RTR-GmbH. Public short call numbers for emergency call services pursuant to § 17 Z 3 and 6 may not be used by RTR-GmbH until 31 March 2008. "

50. In § 110, the following paragraph 3a is inserted:

" (3a) On request, RTR-GmbH may, for individual call numbers, be deferred for up to five years in duly substantiated cases of the date referred to in paragraph 3. The RTR-GmbH shall be able to demonstrate a corresponding right of use on the telephone number. "

51. In § 110, the following paragraph 7 is added:

" (7) In the case of all numbering ranges affected by shutdowns, an audio tape may be switched after the setting for a maximum period of two years, informing about the setting of the call number and, where appropriate, of a new one. Phone number refers to. "

52. In § 111, the following paragraphs 5, 6 and 7 are added:

" (5) § § 3 Z 16a and Z 31, 5 para. 6, 9 para. 2a and 2b, 9 para. 3 and 8, 10 para. 4 Z 2, 11 para. 4, 16 para. 2 and 3, 17 Z 4, 17a, 18, 19 para. 1 Z 2 and 3, 19 para. 2, 3 and 4, 19a, 20 para. 3, 22 para. 1, 23 para. 1 Z 2 and 3, 23a, 37 para. 5, 38 para. 4a and 4b, 44, 46 Z 1 and 3, 78, 79 (1a), 80 (2), 3, 6 and 7, 81 (1), 97 (3a), 98, 104 (1) Z 2, 104 (2), (3), (5) and (6), 105 (3) and (3a), 105 (4) (4), (4), (5) and (7), 106 (2), (2), 109 (10a), 110 (3) and (7), and 111 (5), (6) and (7) in the Version BGBl. II No 389/2006 shall enter into force on 1 November 2006.

(6) § § 7a, 9 (1a), 105 (4) (4) Z 9, 105 (6) and 105a in the BGBl version. (II) No 389/2006 shall be 1. Jänner 2007 in force.

(7) § § 19 (1) (1) (1) and (23) (1) (1) (1) of the BGBl version. II No 389/2006 shall enter into force on 1 July 2007. '

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