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365. Regulation of the Federal Minister of Transport, Innovation and Technology, with which statistical surveys for the area of communication are arranged (Communication-Survey-Regulation-KEV)
Pursuant to Section 90 (2) of the Federal Act, which enacted a telecommunications law (Telecommunications Act 2003-TKG 2003), BGBl. I No 70/2003, shall be assigned:
The subject of communication statistics
§ 1. (1) In the field of communication, statistical surveys are to be carried out, statistics are to be compiled and published in accordance with Section 7 (2) of the publication. It is not possible to draw conclusions from the publication on data of individual companies. This shall not apply if the operator expressly agrees.
(2) The following statistics shall be compiled:
| 1. |
Quarterly statistics on turnover, infrastructure, traffic values, number of numbers used and number of customers, or Connections with operator selection or carrier pre-selection of public voice telephony at fixed locations |
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| 2. |
Quarterly statistics on turnover, traffic values and number of call numbers used by public mobile services |
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| 3. |
Quarterly statistics on turnover and capacity of leased lines |
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| 4. |
Quarterly statistics on turnover and number of broadband access |
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| 5. |
Quarterly statistics on turnover and number of unbundled lines and the number of main distributors with collocation |
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| 6. |
Quarterly statistics on the number of ported phone numbers |
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| 7. |
Quarterly statistics on business performance indicators for employees and investments in the telecommunications sector |
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Statistical units
§ 2. (1) Statistical units within the meaning of this Regulation shall be operators of telecommunications networks and operators of telecommunications services, which shall:
| 1. |
operate in the field of public voice telephony at fixed locations, with regard to Appendixes 1 and 6, |
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| 2. |
in the public mobile services business unit, with regard to Appendixes 2 and 6, |
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| 3. |
operate in the public offering of leased lines, with regard to Appendix 3, |
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| 4. |
operating in the public offering of broadband access, with regard to Appendix 4, |
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| 5. |
Offer unbundled local loop lines to third parties with respect to Appendix 5. |
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(2) Statistical units within the meaning of this Regulation shall be all operators of public telecommunications networks and operators of public telecommunications services in respect of Annex 7.
Survey characteristics
§ 3. To be collected are those in the Assets , and taking into account the comments referred to therein, in the period of observation indicated.
Implementation of the surveys
§ 4. (1) surveys within the framework of communication statistics shall be carried out by quarterly survey of the units in accordance with § 2. A full survey shall be carried out. To the extent that it is possible to calculate the data from a sample survey to the whole by using the data collected by the regulatory authority in the latest market analysis (§ 37 TKG 2003), the regulatory authority may be subject to a See full survey and sample survey by survey of the largest enterprises in relation to the statistical characteristics collected in each case.
(2) The compilation of the statistics and other statistical work shall be carried out by the broadcasting company and the Telekom Regulatory GmbH.
Obligation to provide information
§ 5. (1) The owner or responsible head of a unit according to § 2 shall be required to provide information.
(2) The information in accordance with § 3 shall be transmitted by the information providers in the structured, electronic form (e-mail or data carrier) of broadcasting and Telekom Regulierungs-GmbH, which is given by the broadcasting and telecom regulation GmbH.
(3) The information in accordance with § 3 shall be submitted no later than twelve weeks after the end of a calendar quarter for the last quarter of a calendar year.
Collection documents
§ 6. Broadcasting and Telekom Regulierungs-GmbH has to provide the survey documents in electronic form and to provide for the possibility of free access to the information providers.
Evaluation and Publications
§ 7. (1) The statistics produced in the context of communication statistics may only be used for the following tasks, without prejudice to legal obligations:
| 1. |
Ongoing regulatory monitoring |
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| 2. |
For the fulfilment of national and international reporting and disclosure requirements |
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(2) The following publications are to be produced by broadcasting and Telekom Regulierungs-GmbH quarterly and shall be published on the Internet no later than one quarter after the conclusion of the survey, in accordance with the provisions of section 1 (1), second sentence, and second sentence:
| 1. |
Statistics on public voice telephony at fixed locations, which have to include: |
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| a) |
Quarterly data on turnover from access services for public voice telephony at fixed locations differentiated according to customer group (private customer/non-private customers) |
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| b) |
Quarterly data on turnover from connection charges for calls for talks on the public telephone network at fixed locations differentiated according to customer group (private customer/non-private customers) |
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| c) |
Quarter values over the number of ports |
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| d) |
Quarterly data on the development of revenues from local and/or local unbundled scheduling and the bundling product termination (including transit) |
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| e) |
Quarterly values on the number of geographic numbers used |
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| 2. |
Statistics on public mobile communications services, which have to include: |
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| a) |
Quarterly data on total revenue from mobile communications |
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| b) |
Quarterly data on the mobile communications of the retail market |
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| c) |
Quarterly data on the number of SMS in the retail market |
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| d) |
Quarterly values on the number of user numbers used |
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| e) |
Quarterly data on the number of SIM cards used (2G/3G) |
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| 3. |
Statistics on leased lines, these have to include: |
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| a) |
Quarterly data on turnover from national end-customer leased lines differentiated according to data rate (< = 2 Mbit/s and > 2 Mbit/s) |
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| b) |
Quarterly data on the number of national end customer leased lines differentiated according to data rate (< = 2 Mbit/s and > 2 Mbit/s) |
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| c) |
Quarterly data on turnover from national leased lines at the level of the data supply differentiated according to the data rate (< = 2 Mbit/s and > 2 Mbit/s) |
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| 4. |
Statistics on broadband access, these have to include: |
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| a) |
Quarterly data on the number of end-user broadband connections differentiated by infrastructure |
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| b) |
Quarterly data on sales from end-user broadband connections |
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| c) |
Quarterly data on the number of broadband connections offered on the wholesale market, differentiated by infrastructure |
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| d) |
Quarterly data on revenues from broadband lines offered on the wholesale market |
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| 5. |
Statistics on unbundled lines, which have to include: |
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| a) |
Quarterly data on the number of unbundled lines differentiated by type of connection |
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| b) |
Quarterly figures on the number of main distributors with collocation |
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| 6. |
Statistics on the number of ported phone numbers, which have to include: |
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| a) |
Quarterly values on the number of participants ported to the communication service provider |
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| b) |
Quarterly data on the number of participants ported to the communication service provider (geographical numbers) |
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| c) |
Quarterly values on the number of service numbers ported to the communications service provider |
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| 7. |
Statistics on business performance indicators for employees and investments in the telecommunications sector, which have to include: |
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| a) |
Quarterly values on the number of employees and the number of leasing personnel and free employees |
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| b) |
Quarterly figures on the level of investments in technical infrastructure, in frequencies as well as in sales and customer service (call centers, shops) in the telecommunications sector |
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In-force pedals
§ 8. This Regulation shall enter into force 1. October 2004, in force.
Gorbach
