133. Federal law, which amends the 2003 Telecommunications Act and the Federal Act on Funkanlagen and Telecommunications Terminal Equipment

The National Council has decided:

Article I

Federal law amending the Telecommunications Act 2003-TKG 2003

The Telecommunications Act 2003-TKG 2003, BGBl. I n ° 70/2003 as last amended by the Federal Law BGBl. I No 178/2004, is amended as follows:

1. § 1 para. 2 Z 2 lit. a is:

" (a)		Ensuring the greatest possible benefits in terms of choice, price and quality for all users, taking particular account of the interests of disabled users; "

2. In § 1 para. 2 Z 3, after the word "Population" an inversion and the phrase "taking particular account of the interests of disabled users," inserted.

2a. In § 30 (1), the fifth sentence reads:

" However, the invitation to tender may be omitted if only one undertaking satisfies the operational conditions for the provision of the universal service and the provision of the universal service by that undertaking to the next It is likely to be guaranteed or if the universal service delivery service (Article 26 (2) (2)) is to be provided in the competition. "

2b. In § 30 (1) the last sentence is:

" An undertaking which is subject to a tendering procedure shall be subject to this obligation until the obligation to provide the universal service is imposed on another undertaking or until the procedure for verifying the conditions for the provision of the universal service is subject to the conditions set out in an invitation to tender pursuant to section 30 (3) has been completed. "

2c. In § 30 (3), after the word "provide" an indent and the following phrase shall be added:

"or, if the universal service is to be provided in competition (Article 26 (2) (2)), the procedure shall cease and shall release the obligation to provide the universal service so far with communication from that obligation."

3. In Article 37 (5), the following sentence shall be inserted after the first sentence:

"The Cartel Court, the Cartel Court, the Bundeskartellanwalt (Bundeskartellanwalt) and the Federal Competition Authority (BundesCompetition Authority) have the opportunity to give their opinion within the framework of this procedure."

4. § 107 (2) reads:

" (2) The sending of an electronic mail-including SMS-is not permitted without the prior consent of the recipient, if:

1.		the sending is carried out for the purposes of direct marketing, or
2.		is aimed at more than 50 recipients. "

Section 107 (3) reads as follows:

" (3) A prior consent for the sending of electronic mail pursuant to paragraph 2 is then not necessary if:

1.		the sender has received the contact information for the message in connection with the sale or service to its customers, and
2.		this message is intended for direct marketing purposes for own similar products or services; and
3.		the recipient has clearly been given the opportunity to refuse such use of the electronic contact information, free of charge and without any problems, in the course of the collection thereof and in addition to any transmission, and
4.		the consignee has not rejected the delivery from the outset, in particular not by registration in the list referred to in § 7 para. 2 E-Commerce-Gesetz. "

6. § 107 (4) deleted.

7. § 107 (5) reads:

" (5) The sending of electronic mail for the purposes of direct marketing is inadmissible in any event if the identity of the sender in whose order the message is transmitted is concealed or concealed or in the case of which no authentic address is given. , to which the addressee may request the setting up of such messages. "

8. § 107 (6) reads:

"(6) If the administrative transgressions referred to in paragraphs 1, 2 or 5 have not been committed in the territory of the country, they shall be deemed to have been committed in that place where the unsolicited message reaches the subscriber's connection."

9. § 109 para. 3 Z 20 reads:

" 20.		contrary to Article 107 (2) or (5) electronic mail. "

10. § 109 para. 3 Z 21 is deleted.

10a. In § 133 (9), the fifth sentence reads:

" The providers of universal services shall be subject to the obligation laid down in Article 26 until the obligation to provide the universal service concerned is imposed on another or the procedure for the verification of the universal service is subject to the obligation to provide universal service. The conditions for an invitation to tender pursuant to section 30 (3) have been completed. "

11. In accordance with § 136, the following § 137 with headline is inserted:

" In-Force Trees

§ 137. § § 1, 37, 107 and 109 in the version of the Federal Law BGBl. I n ° 133/2005 enter into force on 1 March 2006. '

Article II

Federal law with which the federal law on radio equipment and telecommunications terminal equipment-FTEG-is amended

The federal law on radio equipment and telecommunications terminal equipment-FTEG, BGBl. I n ° 134/2001, as last amended by the Federal Law BGBl. I n ° 25/2002, shall be amended as follows:

1. In § 13 (1) the words shall be: "the office for radio equipment and telecommunications terminal equipment" by the words "the locally-considered telecommunications tower" replaced.

2. In § 13 (2), after the word "telecommunications terminal equipment" the words "and the telecommunications office" inserted.

3. In accordance with § 20, the following § 21 and title shall be added:

" In-Force Trees

§ 21. § 13 in the version of the Federal Law BGBl. I n ° 133/2005 will enter into force on 1 March 2006. '

Fischer

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