Change The Communications Parameters, Fees And Value-Added Services Ordinance - Kem V

Original Language Title: Änderung der Kommunikationsparameter-, Entgelt- und Mehrwertdiensteverordnung – KEM V

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389 regulation of Rundfunk und Telekom Regulierungs-GmbH with the 6 regulation of Rundfunk und Telekom Regulierungs-GmbH, the provisions for communications parameters, fees and value-added services are set to indicate (communications parameters, fees and value-added Services Ordinance - KEM-V), is amended

On the basis of § 24 para 1 and para. 2 and 63 of the Federal law, a telecommunications law is adopted with the (Telecommunications Act 2003 - TKG 2003), Federal Law Gazette I no. 70/2003, in the amended Federal Law Gazette I is no. 133/2005, prescribed:

6 regulation of Rundfunk und Telekom Regulierungs-GmbH, which sets rules for communications parameters, fees and value-added services (communications parameters, fees and value-added Services Ordinance - KEM-V), made manifest by Edition to the insight at the Rundfunk und Telekom Regulierungs-GmbH, is amended as follows:

1. in the table of contents is according to § 7 the phrase "§ 7a. Dialerdienste with foreign elements", according to article 17 the sequence of words 'section 17a. Intended use", according to § 19 the phrase"§ 19a. Codes of conduct for operators", according to article 23 the phrase"Article 23a. Codes of conduct for operators", and according to § 105 the phrase"sec. 105a. Specific codes of conduct for providers of intelligence"added, and the heading before section 78 the number sequence", 94, 95".

2. in article 3, after paragraph 16, 16a is inserted following Z:



"16a. 'Mobile service': a communication service in which the telecommunications terminal equipment regardless of location can be used, are connected to the communications network via a radio interface and the used frequency is a right of exclusive use;"

3. paragraph 3 Z 31:



"31"Mediation function in private networks": a facility that serves the indirect production of connections from users notified to the calling itself or a private network connections generally;"

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



"(6) the provisions of paragraphs 1 to 5 apply to message services you receive. In addition any of sender ID may be used message services, with no false identity is faked, is identifiable on the basis of the sender and is in no danger of mix-up with phone numbers."

5. after article 7, the following paragraph 7a with heading is inserted:



"Dialerdienste international



Section 7a.

 (1) communications service operators have for fixed networks within the framework of their technical and economic possibilities to take measures to protect its participants before making unwanted paid dial-up connections to foreign numbers.

(2) the provision of services abroad by means of dial-up access in Austrian phone numbers is not allowed. Such a connection is permitted only. If a corresponding legal relationship underlying this link, which goes beyond the specific use of the service"

6. in article 9 is inserted after paragraph 1 of the following paragraph 1a and pursuant to par. 2 following paragraph 2a and 2b:



"(1a) natural persons who have no main residence in Austria or legal persons without seat in Austria have the application with a delivery agent within the meaning of § 9 delivery Act, Federal Law Gazette No. 200/1982 idF BGBl. I 10/2004 to make focused Nr." Any changes in the person of the delivery agents are telling the RTR-GmbH within two weeks after the change. Will refrain from the display of this change, the authority can carry out the service of documents without further delivery attempt by deposit with the authority on the recent announcement of a delivery agent, and by the licence holder."



"(2a) may participant expressly as communication service providers in the area of geographical phone numbers, mobile phone numbers or phone numbers for location-independent fixed-line numbers from a licence holder referred to in paragraph 1 have been contractually assigned to those addressing children also independently within the meaning of article 65, paragraph 1 the last sentence TKG 2003 manage." Such contracts must be reported by the licence holder referred to in paragraph 1 of RTR-GmbH.

(2B) of the licence holder referred to in paragraph 1 has the phone numbers which have been contractually assigned to a participant referred to in paragraph 2a electronic viewing of RTR-GmbH in the format specified by the RTR-GmbH, as well as to specify to which participants they were assigned to. "

7 paragraph 9 para 3:



"(3) participants, which numbers referred to in paragraph 2 or 2a not expressly contractually as communications service operators were assigned to exclusively may use these numbers."

8. in article 9 the following paragraph 8 is added:



"(8) numbers, which are not included in this regulation, or for which on the basis of section III, no allocation is made, can be allocated upon a reasoned request, when were they already mistakenly communicates a general public or made significant financial efforts to communicate of the number. The allocation is to limit it to no more than six months. May be set it only a tape recorder for the allocated phone number that indicates on the availability of the service and, if necessary, refers to another number. Message services, you can communicate this information by means of a message to the user. The allocation may contain conditions that meet the purpose of the allocation."

9. in article 10, par. 4 No. 2 is inserted after the phrase "in the areas of geographical numbers"the phrase,"for location-independent fixed-line numbers".

10. in article 11 the following paragraph 4 is added:



"(4) in the case of phone number shortage in a number range can be deviated from the in para 1 to 3 procedures to ensure a sufficient number of available telephone numbers in this area. A shortage in a number range exists anyway, if already allocated 70% of the total available telephone numbers in this area."

11 in § 16 par. 2 will be inserted after the phrase "physical integrity"the word"environment".

12 paragraph 16 paragraph 3:



'(3) public short numbers for emergency services can be set, if a statutory order is for the provision of a nationwide emergency service in accordance with paragraph 2 and the provision of the service with one is not possible the number laid down in article 17.'

13. in paragraph, the phrase "and gendarmerie" is deleted 17 Z 4.

14. under article 17, 17a the following paragraph with heading shall be inserted:



"Purpose



§ 17a. (1) the public short number 112 is used to report an acute or imminent threat to life, physical integrity, environmental or asset.

(2) the public short number 122 is used to report an acute and imminent threat to life, physical integrity, environmental or asset within the framework of the tasks of the fire service.

(3) the public short number 128 is used to report gas odor, gas leakage and any form of gas affliction, if this is an acute or imminent threat to life, physical integrity, environmental or asset.

(4) the public short number 133 is used to report an acute or imminent threat to life, physical integrity, environmental, or assets in the course of police duties.

(5) the public short numbers are used to report an acute and imminent threat to life, physical integrity or property within the framework of the emergency and rescue services 140, 141 and 144.

(6) the public short number 142 is used for the help and advice for people in difficult life situations, such as loneliness, strokes of fate, mourning, mental health problems, depression, partner problems or anxiety.

(7) the public short number 147 is used to professional telephone psychological advice in connection with children and adolescents, particularly when violence, sexual abuse, or in all age-specific matters."

15 paragraph 18, together with the heading:



"The allocation of numbers



Section 18 (1) grant for public short numbers 112 and 133 for the Federal territory is the Federal Minister or the Federal Minister of the Interior.

(2) grant for public short numbers is 122, 128, 140, 141 and 144 of the federal country each of the Governor or the Governor.

(3) grant for the public short number 142 for the respective Federal State are the dioceses.

(4) grant for the public short number 147 for the entire Federal territory is the Austrian Broadcasting.

(5) the appropriate short number for emergency services shall eligible on request for use within the respective area to allocate.

(6) the coordination of those organizations providing the processing of the relevant emergency service responsibility the licence holder. For this purpose, you can assign the right of use of the allocated public short number for emergency services to appropriate organizations.


(7) in the cases of paragraph 3 and 4 the respective licence holder must, with organizations that want to offer a similar service to negotiate the sharing of allocated public short number for emergency services."

16 paragraph 19:





Section 19 (1) the licence holder of a public short number for emergency services has to make sure that



1. for calls to the allocated public short number for emergency services from anywhere in its allocation domain, the corresponding routing destination is set and this information for communications network and communications service operators free of charge electronically available are provided in a format processible in electronic and is informed of changes in an appropriate way, 2. the emergency service in the entire allocation area is reachable, 3rd is the emergency service 24 hours a day and is equipped , that no significant delays occur when receiving calls.

(2) the assignment of public short telephone numbers for emergency services tape messages or similar automated systems, as well as a behavior that none of the emergency situation allows adequate help or initiated, is not allowed.

(3) digits are not allowed behind a public short number for emergency services.

(4) the licence holder of the public short number 112 to take care has, that emergency calls, which do not fall within the area of responsibility of the licence holder, is a situation-appropriate forwarding to the appropriate emergency services or centres."

17. after article 19, 19a the following paragraph with heading shall be inserted:



"Codes of conduct for operators



§ 19a. (1) communications network and communications service providers are required to implement to no. 1 within the technical possibilities the requirements pursuant to section 19 para 1 in the corresponding communication networks.

(2) communication carriers and communication service providers are required to submit the respective licence holder of a public short phone number for emergency services on request in the corresponding communication network routing for the respective public short phone number for emergency services in the corresponding field in a format processible in electronic free of charge. From 1 July 2007 are free of charge in an electronically-processible format electronically available to provide this information to the licence holder and be informed about changes in an appropriate way."

18 paragraph 20 paragraph 3:



"(3) public short numbers for special services can be set, if for the service in question irrespective of this regulation is a legal order and the provision of the service with one of the numbers set out in section 21 is not possible, as well as making contact by phone is an essential part of the service."

19 paragraph 22, section 1:



"(1) grant for public short numbers is 130 and 148 4 for each federal country each of the Governor or the Governor, for 120 and 123 companies that have already used this before this Regulation comes into force.

20 paragraph 23 paragraph 1:



"(1) the licence holder of a public short number for special services has to make sure that"



1. for calls to the allocated public short number for special services from anywhere in its allocation domain, set the appropriate routing destination is and is this information for communications network and communications service operators free of charge electronically available provided in a format processible in electronic and informed of the changes in an appropriate way, 2nd special service in the entire allocation area can be reached, 3. the special service 24 hours a day is available and so is equipped ", that for the caller no significant delays occur when receiving the call and 4 the requirements according to no. 1 in the cases of public short numbers 148 4 with used digits are set on the basis of this."

21 according to article 23, the following § 23a along with heading shall be inserted:



"Codes of conduct for operators



Section 23a. (1) communications network and communications service providers are required to implement to no. 1 in the scope of the technical possibilities the requirements pursuant to § 23 para 1 in the corresponding communication networks.

(2) communication carriers and communication service providers are obliged to send in the corresponding communication network routing for the respective public short number for special services in the corresponding field in a format processible in electronic the respective licence holder of a public short number for special services on request free of charge. As of 1 July 2007 free of charge in an electronically-processible format electronically available to provide this information for this licence holder and to inform about changes in an appropriate manner are."

22. in article 37, paragraph 5 is replaced "justified" "given" by the word.

23. in section 38 to ABS. 4 inserted following paragraph 4a and 4B:



"(4a) exempted from paragraph 4 are cases in which the right of use of a geographic telephone number block according to § 14 para 3 has gone out. In this case, an allocation of number blocks to the original allocation holder is allowed, even if the requested block is not the next free block in ascending order, if the application is made immediately after the announcement of the lapse of the right of use.

(4B) paragraph 4 further cases in which a phone number block in accordance with article 65, paragraph 5 is transmitted TKG 2003 are excluded. "

24 paragraph 44:





§ 44.

 Operator-specific services as well as the provision of news services directly under the area code of a private network without the use of a subscriber number in accordance with § 42 para 2 is prohibited."

25 paragraph 46 No. 1:



"1. telecommunications terminal equipment for mobile services," 26. In section, the phrase "in mobile networks" is attached 46 Z 3.

27 § 78 and heading is as follows:



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



§ 78. National Routingnummern are 86, 87, 94 and 95. Diensteroutingnummern national telephone numbers and range 89."

28. in paragraph 79, after paragraph 1, the following paragraph 1a is inserted:



"(1a) in 94 and 95 are national Routingnummern of the two-digit area code 94 or 95, and a single-digit operator number, followed by a sequence of digits laid down in connection with the number portability."

29 § 80 para 2 and 3 are:



"(2) communications network operators, on which the numbers transmission regulation, BGBl. No. 513/2003 (Nummernübertragungsverordnung), application finds II, allot up to two operators key figures in the field of 86 or maximum an operator code in the range of 94 for national Routingnummern for this use.

Maximum of two operators key figures in the field of 87 or maximum an operator code in the range of 95 for national Routingnummern are (3) communications network operators who are planning in connection with the mobile number portability to offer in services, which include the direct termination of traffic to ported mobile phone numbers, for this use to allocate."

30. in article 80 shall be added after paragraph 5 following paragraph 6 and 7:



"A number of operators in the 94 or 95 is (6) applicants, which already allocated to operators key performance indicators relating to 86 in accordance with paragraph 2 or in the range of 87 to allot only if simultaneously with the submission of the right to the use already referred to in paragraph 2 or paragraph 3 is not allocated operator metrics.

(7) operator metrics may be used in 86 and 87, their use in the context of an application for operator key figures from was not the sections 94 or 95 referred to in paragraph 6, of the former licence holder for a period six months from waiver without explicit allocation."

31 paragraph 81 section 1:



"(1) national Routingnummern in 86, 87, 94 and 95 TKG may be used solely in connection with the number portability in accordance with § 23 2003."

32. in article 97, according to paragraph 3, the following paragraph 3a is inserted:



"(3a) In the case of universal succession the right may be granted by the RTR-GmbH on request, to maintain an already allocated carrier selection prefix, if the revocation of allocation of carrier selection prefix would cause disproportionate financial burden."

33. the previous section 98 is paragraph labeled (1). As a new paragraph 2 is added:



"(2) a carrier selection prefix split to may be used only by the licence holder or on a contractual basis by a communications service provider, which no carrier selection prefix was assigned to itself."

34. Article 104 para 1 No. 2 is:



"2. information on the fee to be paid for the use of the service in accordance with paragraph 2 to 4, as well as a unique label, it is euro," 35. In article 104, paragraph 2, the phrase "Based on time-based services with a fee under a EUR 1,00 per minute can the indication also in cent take place." is inserted after the first set.


36. in article 104, paragraph 3 the sentence "For event-based services with a fee under a EUR 1.00 per event can specify in cent take place." is inserted after the first sentence

37. section 104 shall be added following paragraph 5 and 6:



"(5) in the case of telephone numbers from the fields of 810, 820 and 821 Z para 1 are 2 and para. 2 to 4 do not apply.

(6) in connection with the acoustic application services naming of fee information may be omitted if is informing the user prior to using the service about the transactions to the application fee referred to in article 105, paragraph 1, and this EUR 0.70 per minute or per event does not exceed."

38. in section 105, paragraph 3, the phrase "time-based services" is replaced by the word "Voice services".

39. in paragraph 105, according to paragraph 3, the following paragraph 3a is inserted:



"(3a) irrespective of paragraph 3 may exceeded the duration of ten seconds, so far and so long this for the provision of any other legally prescribed information requirements is necessary."

40. in article 105 par. 4 Z 4 is inserted the word "fee-free" after the phrase "exclusively used for this".

41. § 105 para 4 No. 5 is:



"5. at any time the possibility to stop the service, free of charge" 42. In § 105 para 4 No. 7 after the phrase "in accordance with no. 4" the phrase "or no. 9" inserted, as well as at the end of the word "and" shall be deleted and added a comma.

43. in article 105 par. 4 Z 8 is the point at the end of a sentence with the word "and" replaced.

44. in article 105 par. 4, 9 is appended following Z:



"9 in services, where the charge accumulated over a month under EUR 10.00 is located, notifies the user with a free message used solely for the purpose of the fee charged per message in accordance with no. 2 within the meaning of paragraph 1 and this message is sent whenever the cumulative remuneration since the beginning of the use of the service or the last notification has reached EUR 10.00."

45. paragraph 105 paragraph 6:



"(6) in the case of intelligence, which is invoiced on the messages sent by the user, as well as for event-based language services a fee information referred to in paragraph 1 can be omitted, provided that the fee for the whole service is maximum EUR 0.70 and"



4. the maximum fee of the first two digits of the subscriber number in the 901 or 931 pursuant to article 77 paragraph 3 arising and language services of the users of the service provider immediately after conclusion of the chargeable voice connection clearly is informed that an additional charge is established, or 5 the service through a message of the user is requested, and once provided in connection ", as well as informs the first service message sent to the user of the accrued charges."

46. According to article 105, 105a following § including heading shall be inserted:



"Specific codes of conduct for providers of news services



sec. 105a. (1) a message service that requires a sustained interaction, where the number of messages is not set in advance, send and receive multiple messages may be charged only on the basis of messages sent by the user. A transfer of messages sent to the user is not allowed in this case.

(2) is sent to a message service where consecutive multiple charged inactivity of the user's messages, a message with "Stop" or "Stop" by the user, are immediately to terminate all services of the user behind a phone number. The message has to be free of charge for the user in accordance with section 105, paragraph 2. This is the obligation of those communications service operators from its associated communication network, the service is provided.

(3) the user is to notify the service provider about the rules of paragraph 2 clearly."

47. in paragraph 106, Z 2 is replaced by the phrase "in accordance with no. 1" the phrase "referred to in paragraph 1".

48. paragraph 108 paragraph 2:



"(2) communications service operators have the right to block individual foreign number ranges, if due to external circumstances can be assumed, that are in this number range of value added services provided or offered dial-up access in misuse."

49. in paragraph 109, according to paragraph 10 of the following section 10a is inserted:



"(10a) public short numbers for emergency services pursuant to section 17 Nos. 1, 2, 4, 5, 7, 8 and 9 may without the licensing by the RTR-GmbH maximum still until 31.03.2007 used. Public short numbers for emergency services pursuant to section 17 Z 3 and 6 allowed without allocation by the RTR-GmbH maximum still until March 31, 2008 will be used."

50. in paragraph 110, according to paragraph 3, the following paragraph 3a is inserted:



"(3a) at the request of appointment pursuant to paragraph 3 to up to five years may be postponed by the RTR-GmbH for individual phone numbers in justified cases." A corresponding right of use to the number is to prove the RTR-GmbH."

51. in article 110 the following paragraph 7 is added:



"(7) in the case of all numbering areas affected by shutdowns a tape recorder may be connected after setting for a period of up to two years, which informed about the setting of the phone number and references, where appropriate, on a new phone number."

52. in paragraph 111, following paragraph 5, 6 and 7 are added:



"(5) sections 3 Z 16a and Z 31, 5 para of 6, 9 par. 2a and 2B, 9 para 3 and 8, 10 par. 4 Z 2, 11 par. of 4, 16 para 2 and 3, 17 Z 4, 17a, 18, 19 para 1 Nos. 2 and 3, 19 paragraph 2, 3 and 4, 19a, 20 para of 3, 22 para of 1, 23 para 1 Nos. 2 and 3" , 23a, 37 para of 5, 38 paragraph 4a and 4B, 44, 46 Nos. 1 and 3, 78, 79 par. 1a, 80 paragraph 2, 3, 6 and 7, 81 paragraph 1, 97 paragraph 3a, 98, 104 para 1 No. 2, 104 para 2, 3, 5 and 6, 105 paragraph 3 and 3a, 105 para 4 No. 4, 5 and 7, 106 Z 2 , 108 paragraph 2, 109 paragraph 10a, 110 paragraph 3a and 7, as well as 111 paragraph 5, 6 and 7 as amended by Federal Law Gazette II No. 389/2006 contact force, November 1, 2006.

(6) sections 7a, 9 paragraph 1a, 105 para 4 No. 9, 105 par. 6 and 105a as amended by Federal Law Gazette II No. 389/2006 apply with January 1, 2007.

"(7) § 19 para 1 subpara of 1 and 23 paragraph 1 No. 1 as amended by Federal Law Gazette II No. 389/2006 enter into force July 1, 2007."

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