Part 1: General

§ 1 Scope

§ 2 Exemptions

§ 3 Definitions

§ 4 Exceptional licence

Part 2: Infrastructure, property rights

§ 5 Installation and operation

§ 6 Use of public property

§ 7 Right of joint use

§ 8 Obligation to tolerate

§ 9 Conditions relating to the exercising of rights in accordance with §§ 6 to 8

§ 10 Transfer of usage rights

§ 11 Right of expropriation

Part 3: Telecommunications services

§ 12 Provision of telecommunications services

§ 13 Obligation to give notice

§ 14 Concessionary services

§ 15 Granting of a concession

§ 16 Transfer and modification of the concession

§ 17 Concession charge

§ 18 Business conditions and remunerations

§ 19 Obligations of the providers of a public voice telephony service

§ 20 Concession obligation for public mobile communications services

§ 21 Frequency usage payment

§ 22 Procedure for allocating concessionary mobile communications services

§ 23 Expiry of the concession

Part 4: Universal service

§ 24 Definition and scope

§ 25 Quality

§ 26 Subscriber directory for the public voice telephony service

§ 27 Special supply requirements

§ 28 Providers

§ 29 Financial compensation

§ 30 Universal service fund

§ 31 Turnover reports

Part 5: Competition regulations

§ 32 Objectives of regulation

§ 33 Entrepreneurs with a dominant position on the market

§ 34 Open network access (ONP)

§ 35 Interfaces for open network access

§ 36 Minimum provision of leased lines

§ 37 Granting of network access and interconnection

§ 38 Scope of interconnection

§ 39 Restrictions

§ 40 Special network access

§ 41 Obligation to negotiate

§ 42 Remunerations for granting network access

§ 43 Structural separation and separate accounting

§ 44 Relinquishment of infrastructure

§ 45 Cost accounting

§ 46 Inspection by the regulatory authority

 

Part 6: Frequencies

§ 47 Frequency management

§ 48 Frequency usage plan

§ 49 Frequency allocation

§ 50 Changes in frequency usage

§ 51 Frequency usage charges

Part 7: Addressing and numbering

§ 52 Definitions

§ 53 Objective

§ 54 Numbering plans

§ 55 Changes to the numbering plans

§ 56 Number and operator portability

§ 57 Number management and number allocation

§ 58 Obligation to provide information

§ 59 Use

§ 60 Remuneration for use

§ 61 Addressing plans

 

Part 8: Protection for users

§ 62 Rights of users

§ 63 Default of payment

§ 64 Review of remunerations

§ 65 Disconnection for other reasons

§ 66 Settlement of disputes

 

Part 9: Radio systems and terminal equipment

§ 67 Technical requirements

§ 68 Licensing obligation for radio systems

§ 69 Radio systems

§ 70 Import, sale and possession

§ 71 Type approval for radio systems

§ 72 Approval and type approval for terminal equipment

§ 73 Identification

§ 74 Equipment and satellite radio systems not intended for connection to a public network

§ 75 Use

 

Part 10: Procedures, charges

§ 76 Procedures for approval and type approval

§ 77 Revocation of an approval or type approval

§ 78 Licensing procedure

§ 79 Charges

§ 80 Refusal

§ 81 Subsequent amendments to licences

§ 82 Expiry of the licence

Part 11: Supervision rights

§ 83 Scope

§ 84 Searches

§ 85 Supervision measures

§ 86 Shutdown

 

Part 12: Secrecy of telecommunications, data protection

§ 87 General

§ 88 Secrecy of telecommunications

§ 89 Technical equipment

§ 90 Security of network operation

§ 91 Data protection - general

§ 92 Master data

§ 93 Traffic data

§ 94 Payment record

§ 95 Content data

§ 96 Subscriber directory

§ 97 Calling line identification

§ 98 Automatic call forwarding

§ 99 Automatic call forwarding in the public voice telephony service

§ 100 Call tracing, malicious calls

§ 101 Unsolicited calls

 

Part 13: Penalty clauses

§ 102 Disclosure of secrets

§ 103 Violation of the rights of users

§ 104 Administrative penalty clauses

 

Part 14: Authorities

§ 105 Telecommunication authorities

§ 106 Responsibilities

§ 107 Co-operation by organs of the public security service, enforcement

§ 108 Telekom Control GmbH

§ 109 Functions

§ 110 Telekom Control Commission

§ 111 Functions

§ 112 Composition of the Telekom Control Commission

§ 113 Chair and rules of procedure

§ 114 Freedom from instruction

§ 115 Procedural regulations, appeal

§ 116 Settlement of disputes

§ 117 Right of supervision

§ 118 Transparency

§ 119 Collective contracts

§ 120 Management functions

§ 121 Activity report

§ 122 Procedural regulations

§ 123 Telecommunications Advisory Board

 

Part 15: Transitional and final provisions

§ 124 Expiry of legal regulations

§ 125 Transitional provisions

§ 126 References

§ 127 Enforcement

§ 128 Effective date

 

 

Scope

§ 1. (1) The scope of this Federal Law is to promote competition in the field of telecommunications in order that the population and the economy can be provided with reliable, low-cost, high-quality and innovative telecommunications services.

(2) Regulatory measures are to be introduced to achieve the following objectives:

1. To create a modern telecommunications infrastructure to promote high-quality services

2. To create a framework for healthy competition and equality of opportunity on the telecommunication markets

3. To provide universal service with full geographical coverage

4. To protect users against the abuse of a dominant position on the market

5. To ensure the efficient and interference-free use of available frequencies.

 

Exemptions

§ 2. (1) This Federal Law does not apply to telecommunication equipment (notably radio systems and terminal equipment) that are set up and operated exclusively for the purposes of national defence. However, the frequencies used by such equipment must be agreed with the Federal Ministry of Science and Transport.

(2) This Federal Law does not apply to telecommunication equipment (notably radio systems and terminal equipment) that are set up and operated exclusively for the purposes of the telecommunications authorities.

Definitions

§ 3. The following definitions shall apply within the meaning of this Federal Law:

1. "Operating" is defined as exercising legal and actual control over the totality of functions that are needed to provide the relevant telecommunications services;

2. "Terminal equipment" is defined as an item of equipment which is to be connected directly to a network termination point of a public telecommunications network or which is to interoperate with a public telecommunications network and which is therefore to be connected directly or indirectly to that of a public telecommunications network;

3. "Radio system" is defined as electrical transmission or reception equipment between which the intentional transfer of information can take place by means of electromagnetic waves and with no connection cables;

4. "Leased lines" are defined as telecommunications facilities offered in connection with the installation, development and operation of a public telecommunications network that provide transparent transmission capacity between network termination points but without switching functions that users themselves can control as part of the leased line package (on-demand switching);

5. "Mobile communications service" is defined as a telecommunications service intended for mobile use;

6. "Network termination point" is defined as all the physical connections and technical access specifications which are part of the public telecommunications network and which are necessary for access to this network and for efficient communication via this network;

7. "Network access" is defined as the physical and logical connection of one telecommunications network with another telecommunications network or parts thereof for the purposes of accessing the functions of this telecommunications network or the telecommunications services offered via this network;

8. "Users" are defined as users of telecommunications services, including end users (consumers) and service providers as users of services offered by other service providers;

9. "Public telecommunications network" is defined as the telecommunications infrastructure with which signals between defined network termination points are transmitted over wires, over radio relays or over optical or other electromagnetic links and which is used, among other things, for the provision of public telecommunications services.

10. "Satellite radio systems" are defined as transmission systems, transmission and reception systems, or reception systems for radio signals that are routed via satellites or other space systems;

11. "Satellite radio service" is defined as a telecommunications service which is provided with the aid of satellite radio systems;

12. "Voice telephony service" is defined as the commercial provision for the public of facilities for the direct transmission and switching of speech in real time to and from the network termination points of public switched networks, with each user being able to use any terminal equipment connected to such a network termination point to communicate with terminal equipment connected to another network termination point;

13. "Telecommunication" is defined as the technical process of transmitting, transferring and receiving messages of any nature in the form of text, speech, images or tones by means of appropriate technical equipment;

14. "Telecommunications service" is defined as a commercial service that comprises the transmission and/or forwarding of signals via telecommunications networks, including the provision of leased lines; it does not include, in particular, the simple resale of (trade in) telecommunications services or the transmission of radio and television by owners of community antenna systems (cable network operators);

15. "Telecommunication line" is defined as permanent buried or surface transmission paths (telecommunication cable systems) including their accessories such as switching, amplification and branching equipment, masts and supports, cable shafts and ducts;

16. "Interconnection" is defined as that form of network access that establishes a physical and logical connection between telecommunications networks to allow users connected to different telecommunications networks to engage in direct or indirect communication.

Exceptional licence

§ 4. (1) The Federal Minister of Science and Transport can, on application, grant a licence for the installation and operation of radio systems and terminal equipment and for the provision of a telecommunications service for the purposes of technical or commercial testing, provided there are no objections from the technical point of view, particularly if interference with other telecommunication equipment is not expected. A suitable time-limit must be placed on any such licence.

(2) In the case of telecommunications services that are the subject of concessions, the exceptional licence replaces the concession. The provisions relating to concessions shall apply accordingly. On expiry of the exceptional licence the service may continue to be operated only on the basis of a concession, otherwise it must be terminated.

Installation and operation

§ 5. (1) The installation and operation of infrastructural facilities and networks for the purposes of telecommunications are exempt from the licensing procedure. The provisions relating to concessions for public telecommunications services, to the use of frequencies and the need for approval for radio systems and terminal equipment remain unaffected.

(2) Infrastructural facilities and networks that are intended for interconnecting with public telecommunications networks or for providing a public telecommunications service must comply with the recognised state of the art in terms of their design and operation with regard to

1. the safety of network operation,

2. network integrity,

3. interoperability of services and

4. connection conditions for terminal equipment.

(3) The Federal Minister of Science and Transport can, in accordance with the current state of the art, issue directives to define more detailed provisions relating to the safety of network operation, network integrity, interoperability of services and the connection conditions for terminal equipment.

Use of public property

§ 6.(1) Holders of a concession to provide a public telecommunications service are authorised to make use, free of charge and without special approval under the terms of this Law, of public property such as roads, footpaths, public areas and the air space above them, but not including public water facilities, for the installation of telecommunication lines and associated equipment. This also includes the right to install and maintain line support points, switching equipment and other line objects, and the right to operate this equipment. "Free of charge" within the meaning of this provision does not extend to any statutory obligations to pay duties at the time this Federal Law comes into force.

(2) Authorised parties as defined in Section 1 must agree their procedures in exercising these rights with the owners or authorised users of the properties involved.

Right of joint use

§ 7. (1) Whosoever exercises a right of way under any other Federal Law or whosoever exercises a right of use in accordance with § 6, § 8 Section 2 or § 11 of this Federal Law must grant joint use of telecommunication lines or parts thereof installed on the basis of these rights provided that the utilisation of public property is not made impossible or impractical by such installations and provided that joint use is economically reasonable and technically feasible for the owner of the telecommunication line.

(2) Appropriate monetary compensation for joint use shall be made to the party obliged to offer joint use.

Obligation to tolerate

§ 8. (1) If the holder uses a line or system secured by right on a property for the installation, operation, expansion or replacement of telecommunication lines, this must be tolerated by the owner of the property provided the installation, operation, expansion or replacement of the telecommunication line does not permanently place any additional restrictions on the dedicated use of the property. The owner or authorised user shall be paid compensation commensurate with the additional services or usage capacity. Within six months the regulatory authority shall define uniform national rates for one-off payments in consultation with representatives of the parties involved; these rates shall be publicised in an appropriate form and shall be paid on request. As soon as an offer of compensation is made in accordance with the uniform rates, there shall be no restrictions on the use of the property for the purposes of installing, operating, expanding or replacing telecommunication lines.

(2) If there is no line or system secured by a right on a property that is not public property, the owner or authorised user of this property shall tolerate the installation, operation, expansion or replacement of telecommunication lines by the holder of a concession to provide a public telecommunications service or other supplier of public telecommunications services if usage places no or only minor permanent restrictions on the dedicated use of the property. In this case, the owner or authorised user of the property shall be compensated by a one-off payment.

(3) Notwithstanding other necessary licences and approvals, the owner of a telecommunications network is authorised to transfer the rights arising from this obligation to tolerate, in whole or in part, to third parties for the purposes of operating this telecommunications network.

Conditions relating to the exercising of rights in accordance with §§ 6 to 8

§ 9. (1) In exercising their rights in accordance with §§ 6 to 8, the authorised parties shall take into consideration the purpose and the use of the properties concerned. They shall take utmost care not to damage the properties used or infringe the rights of third parties. Further obligations arising from other regulations shall remain unaffected.

(2) With the exception of the case defined in § 8 Section 1, the authorised parties are obliged, within the bounds of technical feasibility and with due consideration for economic factors, to lay their telecommunication lines in the ground if the property owner (or authorised user) objects to telecommunication lines being routed above ground.

Transfer of usage rights

§ 10. (1) Usage rights (obligations to tolerate) together with the associated obligations by act of law pass to the legal successor in the ownership of the telecommunications network or the telecommunication line.

(2) They are effective against each owner (authorised user) of the property on which there is a claim.

Right of expropriation

§ 11. (1) If the installation of a telecommunication line or a public pay telephone is in the public interest and if the exercising of the rights in accordance with §§ 6 to 8 does not achieve the desired objective or achieves the objective only with the use of disproportionate resources, expropriation is permissible. The procedure is based on the Telecommunication Route Law (Telekommunikationswegegesetz).

(2) The concept of public interest also applies to the installation of a telecommunication line or a public pay telephone by a concession holder.

(3) Expropriation shall be achieved using the mildest means appropriate. If expropriation makes the dedicated use of the property impossible or unreasonable, the charged area shall be transferred at the request of the property owner to the ownership of the authorised expropriator on payment of adequate compensation.

§ 12. (1) Anyone is authorised to provide telecommunications services in compliance with the statutory provisions.

(2) Industrial Code 1994, BGBl. (Federal Law Gazette) No. 194/1994 does not apply to the offer of concessionary telecommunications services or the operation of telecommunications networks. The provisions of §§ 74 to 84 and the associated provisions of Industrial Code 1994, BGBl. No. 194/1994 do not apply to the offer of notifiable telecommunications services.

Obligation to give notice

§ 13. (1) The service provider shall give notice to the regulatory authority of the intended provision of a telecommunications service, changes in its operation and cessation of the service prior to the start of operation, changes or cessation. Notice shall be given in writing together with details of the type of service and the technical and operational features. Public services shall be indicated as such.

(2) Telecommunications services that comprise the simple resale of telecommunications services are exempt from the obligation to give notice in accordance with Section 1.

(3) The regulatory authority shall publish the list of notifiable telecommunications services together with an indication of the operators at least once a year.

§ 14. (1) A concession is required for the provision of a mobile voice telephony service and other public mobile communications services by means of mobile communications networks that the provider operates himself, subject to § 20.

(2) A concession is also required for the provision of the following telecommunications services:

1. Public voice telephony service by means of a fixed telecommunications network that the provider operates himself and

2. Public offer of leased lines by means of fixed telecommunications networks that the provider operates himself.

 

§ 15. (1) The concession is granted by the regulatory authority in response to a written application. The authority shall decide on the application within six weeks, unless special circumstances, such incompleteness of the documentation provided by the applicant or advantage investigations, dictate that a longer period is needed in which to reach a decision. The application for the granting of a concession shall contain details of the type of service, the area supplied and the organisational, financial and technical requirements relating to operation by the applicant.

(2) The concession shall be granted if the applicant

1. has the necessary technical competence and

2. there is no reason to assume that he will not provide the relevant service in accordance with the concession, in particular as far as the quality and supply obligation are concerned. The financial strength of the applicant, his experience in the telecommunication sector and related sectors, and his expertise shall all be taken into consideration.

(3) The granting of a concession to provide public mobile communications services is based on §§ 20 ff.

(4) The regulatory authority can place a time-limit on the concession for services in accordance with § 14 Section 1 insofar as this may be necessary in view of the scarcity or allocation of the available frequencies. Concessions shall generally be granted without a time-limit unless an application is made for such a time-limit. The time-limit shall be defined according to the type and significance of the concession. The concession holder has a legal claim to have the concession renewed if he has exercised the concession in accordance with the law and the frequencies used can be allocated once more.

(5) The concession may be restricted to certain supply areas and to certain telecommunications services if an appropriate application is made or if the scarcity or allocation of the available frequencies makes this necessary.

(6) The concession may involve ancillary provisions, in particular conditions, commencement and termination dates and obligations, which serve to ensure that the objectives and provisions of this Law and the relevant regulations of the European Communities are fulfilled in the best possible way. These include regulations governing the start of operations, the range of telecommunications services offered, the quality of the telecommunications services and co-operation with other service providers. The ancillary provisions shall be based on the relevant regulations of the European Communities.

Transfer and modification of the concession

§ 16. (1) The concession may be transferred in whole or in part only with the agreement of the regulatory authority. Agreement may be denied only if the criteria specified in § 15 Section 2 are not met.

(2) The regulatory authority can modify individual provisions of the concession prior to expiry of the concession if the modification is necessary to protect important public interest. In addition, the concession may be subsequently modified

1. on application if the due fulfilment of the arrangements of the concession notice, in particular the ancillary provisions, is no longer reasonable owing to changes in circumstances, provided the interests to be safeguarded by the authority and fair competition are not impaired;

2. on application or on the part of the authority if modifications are necessary to the frequencies allocated for use in the concession notice in view of changes in the technical or legal requirements in the interest of efficient frequency management and fair competition, and the changes relating to the frequencies allocated for use are not of a fundamental nature;

3. on the part of the authority with regard to those frequencies that are allocated to a concession holder but which he does not use even after expiry of all notified deadlines.

(3) Modifications to the concession shall be made with due regard for the economic and operational interests of the concession holder. This arrangement does not justify any claims for damages. Claims based on official liability remain unaffected.

Concession charge

§ 17. (1) A charge shall be made to cover administration costs arising from the granting of the concession. The level of this charge shall be determined by decree by the Federal Minister of Science and Transport in consultation with the Federal Minister of Finance.

(2) Concession holders and service providers who provide a public telecommunications service on the basis of a different licence in accordance with this Law are obliged, on the basis of their turnover from the provision of this service and their share of the internal Austrian telecommunications market, to pay a proportionate annual contribution to cover the cost of the regulatory authority, in particular for the administration, supervision and implementation of the concession. The contributions shall be prescribed by the regulatory authority.

(3) The concession charge and the contribution shall accrue to the regulatory authority.

Business conditions and remunerations

§ 18. (1) The concession holder shall draw up business conditions, describe the services offered and specify the relevant remunerations.

The business conditions, service description and remunerations shall be presented to the regulatory authority and published in a suitable form. If approval is required in accordance with Sections 4 and 6, the telecommunications service may not be provided until this approval is received.

(2) Changes to the business conditions and to the remunerations shall be published in a suitable form at least two months in advance of the date on which they are to come into effect. Any change to the content of a contract shall entitle the contract partners of the concession holder to cancel the contract within four weeks of the publication of the change.

(3) Anyone is authorised to make use of public telecommunications services, in particular universal service and special supply arrangements on compliance with the business conditions.

(4) The business conditions require approval by the regulatory authority for the following public telecommunications services if the supplier of the service has a dominant position on the market:

1. voice telephony service via a fixed network and a mobile network and

2. provision of leased lines.

If the supplier does not have a dominant position on the market, the business conditions and any major changes to these conditions shall be presented to the regulatory authority in good time prior to commencement of the service or the date on which the change comes into force. In the case of the services specified in Point 1, the regulatory authority may oppose the business conditions within eight weeks if they are inconsistent with this Law or the regulations adopted under this Law or the relevant regulations of the European Communities.

(5) If, in order to resolve a dispute, it is necessary to amend the business conditions, these amendments may be prescribed in an official communication by the regulatory authority.

(6) The remunerations require approval by the regulatory authority for the following public telecommunications services if the supplier of the service has a dominant position on the market:

1. voice telephony service via a fixed network and

2. provision of leased lines.

If the supplier does not have a dominant position on the market, the remunerations shall be presented to the regulatory authority in good time prior to commencement of the service. The remunerations for a voice telephony service via a mobile network shall also be presented to the regulatory authority. Remunerations that are subject to approval shall be specified with due consideration of the relevant costs, the requirements to be fulfilled and the profits to be made. The remunerations must be uniform within a charge zone. Rebate arrangements remain unaffected. Cross-subsidising between charge zones is not permitted.

(7) Once approval has been granted, further approvals for remunerations are necessary only if there is a permanent change in the tariff structure. The intended changes shall be made known to the regulatory authority at least eight weeks before the changes come into effect. The regulatory authority can grant approval in the form of a price capping procedure; it can also specify special tariffs.

(8) For the publication of the business conditions and the definition of the remunerations of suppliers with a dominant position on the market the Federal Minister of Science and Transport shall decree the framework conditions including the principles for structuring the remunerations. In particular the type and scope of the obligation to render services, the basis on which the remunerations are calculated, the interface conditions, the quality of the range of transmission paths, the conditions for use and interconnection and the time-limits on the lifting of the ban on cross-subsidising to allow new services or technologies to be introduced shall be specified. Individual regions must not be disadvantaged by the remuneration structure. The regulation shall take into consideration the obligations arising for the Republic of Austria from international legislation.

Obligations of the providers of a public voice telephony service

§ 19. Providers of a public voice telephony service shall

1. maintain an up-to-date subscriber directory,

2. maintain a directory enquiry service for subscriber lines,

3. provide access free of charge to emergency services and

4. make their subscriber directory available on request to the regulatory authority free of charge and to other providers for an appropriate payment at least once a week in electronic form or on-line for the purposes of providing information or publishing directories.

Concession obligation for public mobile communications services

§ 20. (1) The provision of the public voice telephony service by means of mobile radio and other public mobile communications services by means of self-operated telecommunications networks is subject to a concession (§ 14 Section 1).

(2) Notwithstanding Section 1, a concession is not required for a public mobile communications service if the service is to be provided by means of satellite radio or if there are enough frequencies available for all interested parties both now and in the foreseeable future. This shall be decreed by the Federal Minister of Science and Transport with due consideration of the frequency situation on the one hand and the future development of the services in question on the other.

(3) A concession is not required in accordance with this Law for the use of the radio frequency spectrum to provide broadcast radio and television and for the provision of telecommunications services using supplementary broadcast radio signals; the relevant broadcast radio regulations shall apply.

(4) The allocation of further frequencies to a concession holder for the same service represents an extension of the existing concession and is implemented according to the provisions of the concession. If there are no provisions covering this situation in the concession, the procedure adopted shall be in accordance with § 22.

(5) Frequencies will be allocated in accordance with the provisions of § 51 by way of application under the operating licence for the provision of services other than the concessionary radio services.

Frequency usage payment

§ 21. (1) To ensure the efficient use of the frequency spectrum, holders of a mobile radio concession shall make a one-off or annual frequency usage payment in addition to the frequency usage charge.

(2) The application for the granting of a mobile radio concession shall indicate the level of the frequency usage payment that the applicant is willing to make, on a one-off or regular basis, for using the frequencies intended for the provision of the telecommunications service in the event of being allocated these frequencies. The regulatory authority shall prescribe the frequency usage payment in the concession notice; the applicant must accept the payment specified in his application.

Procedure for allocating concessionary mobile communications services

§ 22. (1) The regulatory authority shall grant the concession for concessionary mobile communications services to the applicant who

1. meets the requirements in accordance with § 15 Section 2 and

2. guarantees the most efficient use of the frequencies; this will be determined in accordance with § 21 by the level of the frequency usage payment offered.

(2) The regulatory authority shall grant the mobile radio concessions on the basis of an open, fair and non-discriminatory procedure. It shall put the award of a mobile radio concession out to public tender as soon as an application for a concession for the relevant service is received or, if necessary, through official channels. The invitation to tender may relate to concessions for certain services and for certain supply areas, once the Federal Minister of Science and Transport has looked into the matter and given approval.

(3) The invitation to tender shall be published in the "Amtsblatt zur Wiener Zeitung" (Official Gazette of the Wiener Zeitung). The period within which applications for concessions can be made shall be at least two months.

(4) The tender documents shall describe the telecommunications service for which the frequencies are to be allocated in sufficient detail with particular regard to the essential technical and economic data and shall define the required form and content of the application documents in such a way that the applications can be easily compared. The regulatory authority can demand payment to cover the cost of making the tender documents available.

(5) Major changes to the tender conditions are permissible only if there are changes in relevant statutory regulations or international regulations by which the Republic of Austria must abide. In addition, the authority is authorised to cancel the invitation to tender or terminate the procedure for good reason. None of this justifies any claim to damages; claims based on official liability remain unaffected.

(6) Changes to the applications after the end of the tendering period are not permitted. This does not apply to an option in the invitation to tender of modifying the offered frequency usage payment within a period of time defined in the invitation to tender. In this case, the frequency usage payment offered by the applicant may only be increased.

(7) The regulatory authority shall exclude any concession applicant from the concession award procedure who does not fulfil the basic conditions for the award of a concession in accordance with § 15 Section 2. This shall be by official notification.

(8) The concession shall be granted to the applicant who guarantees the most efficient use of the frequencies associated with the concession (Section 1 Point 2).

(9) The applicants for the concession constitute a procedural community. The award of the concession and rejections of other applications constitute a uniform official notification.

(10) On application or by official decree the regulatory authority can modify the frequencies allocated for use in the concession notice if this is essential in view of changes in the technical or legal requirements in the interest of efficient frequency usage and fair competition and the changes relating to the frequencies allocated for use are not of a fundamental nature.

Expiry of the concession

§ 23. (1) The concession expires as a result of

1. waiver,

2. revocation,

3. expiry of the period for which it was granted,

4. death or termination of the legal personality of the concession holder, though not in the case of universal succession under company law, or

5. withholding of the frequency usage payment.

(2) In the event of the death of the concession holder, the estate can make use of this right until it is revoked, but the representative of the estate must indicate this immediately to the regulatory authority.

(3) The concession shall be revoked by the regulatory authority if the requirements for its award are no longer met. It can be revoked if the concession holder is in gross or repeated violation of his obligations or has not exercised the concession for more than a year. The concession holder shall be given adequate opportunity to present his case before the concession is revoked.

(4) The concession shall be revoked if bankruptcy proceedings are started against the assets of the concession holder or the bankruptcy petition has been rejected for lack of funds to cover the cost of the bankruptcy proceedings; the regulatory authority can refrain from revoking the concession if continuation is predominantly in the interests of the creditors.

(5) Procedures in accordance with Section 3 do not justify any claim to damages. Claims based on official liability remain unaffected.

§ 24. (1) Universal service is a minimum range of public telecommunications services to which all users must have access at an affordabe price irrespective of their place of residence or work. An affordable price is defined as the price in force on January 1, 1998. The regulatory authority can use a price capping procedure to fix future tariffs, with the provisions of § 18 Section 7 being applied analogously.

(2) Universal service comprises the following services:

1. access to the public voice telephony service via a fixed network connection, via which a fax machine and modem can also be operated, including the transfer of data at rates compatible with transmission paths for voice communication,

2. unrestricted access free of charge to emergency services, including the correct processing of emergency calls and the necessary identification of the caller’s location,

3. access to directory enquiry services,

4. access to directories of subscribers to public voice telephony services and

5. full area coverage with public pay telephones at generally accessible locations.

(3) The Federal Minister of Science and Transport can issue a decree to include other services in universal service if these services are already wide-spread and contribute significantly to social and economic life.

§ 25. Universal service must cover the entire country, must be available at a uniform and affordable price and must meet certain standards in terms of quality. The quality criteria shall be defined by decree by the Federal Minister of Science and Transport in accordance with the relevant provisions of the European Communities and in consideration of the state of the art economic circumstances. The following must be regulated:

1. the transmission requirements,

2. the supply time for (initial) network access,

3. availability,

4. fault frequency,

5. successful call attempts as a proportion of all call attempts,

6. the reaction time to faults and the time needed to eliminate faults, and

7. the maximum response time for enquiry services.

Subscriber directory for the public voice telephony service

§ 26. (1) The regulatory authority shall ensure that a uniform directory of all subscribers to public voice telephony services is available in printed or electronic form. If such a directory is not offered on the market in line with demand, the authority shall publish one or make arrangements for its publication. This applies to a directory of subscribers arranged by branches of industry (professional groups) according to the available data. The regulatory authority shall ensure that a directory enquiry service is also available.

(2) Concession holders who offer a public voice telephony service via a fixed network or a mobile network are obliged to provide the regulatory authority, free of charge, with subscriber data in a form to be specified by the authority so that the authority can fulfil its obligations in accordance with Section 1.

§ 27. (1) The Federal Minister of Science and Transport can, by decree, impose special supply requirements on operators of public telecommunications services for reasons of regional or social policy, provided their financing is guaranteed by the contract awarder and the operators can reasonably be assumed to accept them. Special supply requirements may in particular comprise reduced tariffs for certain user groups.

(2) If special supply requirements are imposed in accordance with § 28 Section 3, the settlement procedure is as follows:

1. Settlement of the deficits resulting from the reduced tariffs shall be conducted under the supervision and mediation of the regulatory authority directly between the contract awarder and the service operator. The settlement amount is based on the difference between the published tariff and the reduced tariff.

2. For services for which there is no published tariff available as a basis for settlement, the costs based on full-cost absorption together with an appropriate profit margin shall be invoiced.

3. The regulatory authority shall supervise compliance with the special supply requirements by the service operators.

4. Any charges to be collected by the regulatory authority to cover its costs in connection with this provision shall be prescribed to the contract awarder.

§ 28. (1) The provision of universal service and compliance with the special supply requirements shall be put out to public tender by the Federal Minister of Science and Transport and awarded according to the regulations governing the award of services. It can make use of the regulatory authority. The provision of universal service and compliance with the special supply requirements shall be based separately on objective or regional factors. The provision of universal service shall be put out to public tender periodically, at least every ten years. The prime consideration in awarding the contract is who will need the smallest contribution to the cost of providing the service.

(2) The invitation to tender shall be published in the "Amtsblatt zur Wiener Zeitung" (Official Gazette of the Wiener Zeitung) with an appropriate deadline for applications and an indication of the area to be supplied and the type of service to be provided.

(3) If a tender to provide the specified service is not received within the deadline for applications, the regulatory authority can compel the provider of a public voice telephony service who has the largest share of the relevant technical or geographic market to provide this service in accordance with the conditions defined in this Law.

Financial compensation

§ 29. (1) The demonstrable costs of universal service that cannot be recovered despite good economic management shall be compensated to the provider of the service at his request at the end of the calendar year. Cost accounting shall be based on Annex 3 of the Connection Guidelines.

(2) If the provider of universal service has a share of the relevant market (public voice telephony service) that exceeds 80% by turnover, he cannot claim compensation.

(3) The regulatory authority shall be presented with appropriate documents by the provider of universal service to enable it to check the information relating to the demonstrable costs. For this purpose, the authority itself or an auditor appointed by the authority can inspect the books and records, make comparisons with other suppliers and take any other measures that will achieve the desired objective or serve the interests of comparability. In justifiable cases the regulatory authority can define a lower amount than the amount requested.

(4) In the event of an invitation to tender in accordance with § 28, the regulatory authority shall grant compensation at most in line with the results of the invitation.

§ 30. (1) The regulatory authority shall, if necessary, set up and manage a universal service fund. The fund is used to finance universal service (§ 29 Section 1). The fund shall publish an annual report on its activities and achievements.

(2) Concession holders who offer a public voice telephony service via a fixed network or a mobile network and have an annual turnover of more than ATS 250 million shall contribute to financing the universal service fund and financing the management of the fund according to their relative market share (universal service levy). The proportion is calculated according to the relationship between turnover and the total turnover of the contributing concession holder on the relevant market within the scope of this Federal Law.

(3) At the end of the calendar year for which compensation according to § 29 is granted, the regulatory authority shall set the shares of the service providers contributing to this compensation and shall inform the parties involved.

(4) Suppliers contributing to the compensation according to § 29 are obliged to pay the regulatory authority the shares defined for them by the regulatory authority within four weeks. This period commences on the day the message defined in Section 3 is received.

(5) If a supplier is more than three months in arrears with the payments, the regulatory authority shall issue an official notification relating to the arrears and shall enforce such payment.

Turnover reports

§ 31. If a service operator is obliged in accordance with § 28 to provide universal service, suppliers who are active on the market of the relevant telecommunications service shall inform the regulatory authority annually of their turnover on this market on request. Otherwise the regulatory authority itself or an auditor appointed by the authority can inspect the books and records and make an estimate.

COMPETITION REGULATIONS

§ 32. (1) The regulatory authority shall take the following regulatory measures

1. to ensure equality of opportunity and fair competition on the telecommunication market,

2. to encourage new suppliers to enter the market,

3. to prevent the abuse of a dominant position on the market and other abuses,

4. to ensure compliance with the principles of open network access based on ONP,

5. to implement the sector-specific competition regulations of the European Communities and

6. to resolve disputes between market subscribers and between market subscribers and users.

(2) The responsibilities of the Austrian Restrictive Practices Court remain unaffected.

 

Entrepreneurs with a dominant position on the market

§ 33. (1) An entrepreneur has a dominant position on the market within the meaning of this Law if as a supplier or user of telecommunications services on the relevant technical or geographical market

1. he is exposed to little or no competition or

2. he has an overwhelming position on the market by comparison with his competitors because of his ability to influence market conditions, his turnover in proportion to the size of the market, his control over access to end users, his access to financial resources or his experience in providing products and services.

(2) It is assumed that an entrepreneur has a dominant position on the market if he has a share of more than 25 % of the relevant technical or geographical market. However the regulatory authority can stipulate that an entrepreneur with less than 25 % of the relevant market has a dominant position on the market. It can also stipulate that an entrepreneur with a share of more than 25 % of the relevant market does not have a dominant position on the market. In both cases, such decisions shall be based on the criteria specified in Section 1.

(3) The regulatory authority shall publish once a year in the "Amtsblatt zur Wiener Zeitung" (Official Gazette of the Wiener Zeitung) the technical and geographical markets on which suppliers have a dominant position. The entrepreneurs in question shall be given the opportunity to comment prior to publication in accordance with Section 3. The publication has no legal effects.

(4) The regulatory authority shall, at the request of an entrepreneur, stipulate by official notification whether the position on the market is dominant within the meaning of this Federal Law. It can also do this by official decree.

§ 34. (1) A supplier who has a dominant position on the market for telecommunications services for the public shall, in compliance with the principle of non-discrimination, provide competitors on this market with services under comparable circumstances, under equivalent conditions and at the same level of quality that he offers on the market or that he provides for his own services or for services of associated companies.

(2) In particular, he may restrict access only insofar as this is compatible with the basic requirements laid down in Article 3 Section 2 of Council Directive 90/387/EEC dated June 28, 1990 to realise the internal market for telecommunications services by introducing open network access (Open Network Provision - ONP) (OJ No. L 192 dated 24.07.90, p.1). Competitors must be informed which of the basic requirements is used as the basis for the restriction.

(3) The regulatory authority can impose a code of conduct on or forbid certain behaviour by a supplier who violates Section 1 or declare contracts null and void in whole or in part if this supplier abuses his dominant position on the market. Before such action is taken, the regulatory authority shall request the party concerned to stop the abuse to which an objection has been made.

(4) Abuse is presumed if a supplier who has a dominant position on a particular market provides himself or associated companies with access to his internal services and to the services he offers on the market at more favourable conditions than he grants to competitors for using these services for their own ranges of services. This can be disproved if the supplier presents facts that justify these less favourable conditions, in particular the imposition of restrictions.

Interfaces for open network access

§ 35. (1) Companies with a dominant position on the market and companies obliged to provide universal service are obliged to offer interfaces harmonised in accordance with ONP principles. They are free to offer other interfaces in addition.

(2) If, in offering telecommunications services, a supplier who has a dominant position on the relevant market does not comply with the standards that the European Commission or the Council has declared as binding in accordance with Article 10 of Council Directive 90/387/EEC dated June 28, 1990 for realising the internal market for telecommunications services by introducing open network access (Open Network Provision - ONP) (OJ No. L 192 dated 24.07.90, p. 1), the regulatory authority may exercise the powers defined in § 34 Section 3.

(3) If a supplier or a user complies with the relevant European standards relating to the interfaces and service features for open network access published in the Official Journal of the European Communities, it will be assumed that he meets the basic requirements for open network access.

(4) If there are no European standards relating to the interfaces and service features for open network access published in the Official Journal of the European Communities that apply to the provision of telecommunications services, the regulatory authority can require the supplier to provide evidence of compliance with the basic requirements for open network access.

§ 36. Suppliers of leased lines who have a dominant position on the market are obliged to offer, publicly on the market they dominate, a minimum number of leased lines with uniform technical features in accordance with Article 7 in connection with Annex II of Council Directive 92/44/EEC dated June 5, 1992 for introducing open network access for leased lines (OJ No. L 165 dated 19.06.92, p. 27). They shall define general business conditions and cost-oriented remunerations in this respect. These shall be subject to the regulations governing general business conditions and remunerations in accordance with § 18.

Granting of network access and interconnection

§ 37. (1) The operator of a telecommunications network who offers telecommunications services for the public and who has a dominant position on the market, shall enable other users to access his telecommunications network or unbundled parts of the same. The obligation to unbundle shall not apply if the operator presents facts that indicate that this obligation is not justified in this particular case. The regulatory authority shall decide on this justification within six weeks and on whether additional technical or economic outlay for part services is reasonable from the point of view of the competition law. In particular, such an operator shall enable his telecommunications network to be interconnected with public telecommunications networks of other operators.

(2) Access shall be granted via connections that are generally available on the market (general network access). It can also be granted via special connections (special network access) if the user so wishes.

(3) Agreements on network access and interconnection must be based on objective criteria, must be comprehensible and must provide non-discriminatory unbundled access with equality of opportunity to the telecommunications networks of an operator in accordance with Section 1 Sentence 1.

§ 38. (1) Interconnection shall comprise at least the following services:

1. safeguarding of access by users of a supplier with a dominant position on the market to the network of a new supplier through pre-programmed network selection or dialling of selection codes according to a numbering plan,

2. provision of the necessary traffic data of the relevant connection to the interconnecting supplier,

3. switching of calls to users of other interconnecting operators,

4. provision of accounting data in a suitable form for the interconnecting supplier.

(2) More detailed provisions relating to interconnection shall be defined by decree by the Federal Minister of Science and Transport. In doing so he must take into consideration the safeguarding of effective competition, maintenance of consistent service quality and compliance with binding international regulations.

In addition, he must define by decree a minimum range of unbundled network elements. Consideration must be given in particular to information practice.

(3) If the use of cable paths is necessary for interconnection and if this is not necessary for the same or similar competitive service from the supplier with a dominant position on the market, the costs of using these cable paths must be divided equally between both suppliers (fictitious costs).

(4) In the event of disputes, the Telekom Control Commission shall decide on the appropriateness of the costs and the technical feasibility of an interconnection in accordance with Section 3.

Restrictions

§ 39. (1) The operator may restrict network access and interconnection only for reasons based on the fundamental requirements according to Article 3 Section 2 of Council Directive 90/387/EEC dated June 28, 1990 for realising the internal market for telecommunications services by introducing open network access (Open Network Provision - ONP) (OJ No. L 192 dated 24.07.90, p.1) and only insofar as the restriction complies with other legislation of the European Communities.

(2) The operator according to Section 1 shall provide evidence to the regulatory authority that rejection or restriction is authorised.

Special network access

§ 40. (1) If a user requires special network access, this must be provided if it is technically feasible and the user bears the costs.

(2) The regulatory authority shall specify the way in which special network access, in particular for interconnection, is to be provided. The Directives of the European Communities, published by the European Parliament and by the Council in accordance with Article 6 of Council Directive 90/387/EEC dated June 28, 1990 for realising the internal market for telecommunications services by introducing open network access (Open Network Provision - ONP) (OJ No. L 192 dated 24.07.90, p.1), must be observed.

§ 41. (1) Each operator of a public telecommunications network is obliged to make an interconnection offer to other operators of such networks on demand. All parties concerned shall aim to enable and improve communication among users of different public telecommunications networks.

(2) If an agreement on interconnection cannot be reached between an operator of a telecommunications network who offers telecommunications services for the public and another operator of a public telecommunications network within a period of six weeks from the receipt of the request, either party involved in the interconnection may call in the regulatory authority.

(3) After the parties have been heard, the regulatory authority shall decide on the interconnection arrangements within a period of six weeks from the day it was called in. The regulatory authority can prolong the procedure by no more than four weeks. The arrangement replaces any agreement. The regulatory authority must observe the Directives of the European Communities, published by the European Parliament and by the Council in accordance with Article 6 of Council Directive 90/387/EEC dated June 28, 1990 for realising the internal market for telecommunications services by introducing open network access (Open Network Provision - ONP) (OJ No. L 192 dated 24.07.90, p.1). In accordance with the Directive, the principle of cost basis shall apply only in defining the amount of the remunerations of companies with a dominant position on the market.

(4) Companies with a dominant position on the market are obliged to produce a list of the standard interconnection offers for their networks for which there is a demand on the market, or which are used by services that the company itself provides in competition with others.

(5) Standard interconnection offers in accordance with Section 4 and interconnection agreements in accordance with Section 2 shall be submitted in writing to the regulatory authority; they will be published by the authority.

§ 42. Companies with a dominant position on the market shall include the remunerations and conditions for standard interconnection offers in the business conditions and publish them (§ 18).

§ 43. (1) Companies that have a dominant position on markets other than the telecommunication market or that exercise special or exclusive rights in other areas must not cross-subsidise the remunerations for their telecommunications services from the areas with special or exclusive rights. In accordance with the Directive, the principle of cost basis shall apply in defining the amount of the remunerations of companies with a dominant position on the market.

(2) Companies that have a dominant position on a telecommunication market must not cross-subsidise concessionary telecommunications services among one another or cross-subsidise between these and other telecommunications services.

(3) Providers of public telecommunications services who have a dominant position on markets other than the telecommunication market or who exercise special or exclusive rights in other areas must have adequate separation, at the organisational or accounting level, between their business activities in the telecommunication sector and their other business activities to ensure transparency in the flow of payments and benefits between these areas of activity.

(4) Providers of public telecommunications services who have a dominant position on a telecommunication market must have adequate separation, at the organisational or accounting level, between their activities on the different telecommunication markets to ensure transparency in the flow of payments and benefits between these areas of activity.

(5) The regulatory authority shall, by official decree or on application by a party on the market, initiate an investigation into compliance with the obligations arising from §§ 43 and 45 if there is reasonable suspicion that these obligations have been violated. It may inspect the books and records of the companies concerned and require the companies concerned to give details of their allocation of costs.

§ 44. (1) If a company relinquishes its infrastructure or free capacity of its infrastructure to another in accordance with § 43 Section 1 and if this latter thereby provides a concessionary telecommunications service, the costs on which relinquishment is based must not be cross-subsidised from areas with special or exclusive rights.

(2) Relinquishment in accordance with Section 1 shall be notified to the regulatory authority by the relinquishing company prior to commencement of the service. Evidence is required that the obligation arising from Section 1 is being observed. The regulatory authority may object to relinquishment within eight weeks if it is of the opinion that cross-subsidising is taking place.

(3) In the event of such an objection, the relinquished infrastructure for telecommunications services may be used provisionally if cross-subsidising is terminated.

(4) The objection shall contain those conditions and requirements that have to be met in order for the company to comply with the ban on cross-subsidising, and an indication of an appropriate time scale within which these conditions and requirements have to be demonstrably met.

§ 45. Suppliers of public telecommunications services who have a dominant position on the telecommunication market are obliged to operate a cost accounting system in compliance with ONP Directives that assigns costs and cost elements to all the services and service elements and permits subsequent auditing.

§ 46. The organs of the regulatory authority and their appointed auditors shall be given the opportunity to inspect books and records on demand in order to verify compliance with the obligations arising from this Part and the relevant regulations of the European Communities.

FREQUENCIES

 

Frequency management

§ 47. (1) The Federal Minister of Science and Transport shall manage the frequency spectrum and the Austrian usage rights and orbital positions of satellites in compliance with international agreements. He shall take appropriate measures to ensure efficient and fault-free use.

(2) The Federal Minister of Science and Transport shall define the frequency ranges allocated to the individual radio services and other applications of electromagnetic waves in a frequency range allocation plan. This shall be published in a suitable form. If necessary in order to ensure fault-free and efficient use of the frequencies, further specifications relating to frequency usage may be included in this plan; in particular, geographic, temporal and technical specifications may be made for certain frequency ranges, compliance with which allows for freedom of use.

(3) The Federal Minister of Science and Transport shall allocate to the regulatory authority at their request or by official decree parts of the frequency spectrum for economic use. The purpose of use and the technical conditions of use shall be made known.

Frequency usage plan

§ 48. (1) The Federal Minister of Science and Transport shall prepare a frequency usage plan on the basis of the frequency range allocation plan. In particular, he shall take into consideration international harmonisation, technical developments and compatibility of frequency usage in the transmission media.

The frequency usage plan shall contain the division of the frequency ranges into frequency usages and specifications for these frequency usages. It may comprise partial plans. It shall be published in a suitable form.

§ 49. (1) Each frequency may only be put into operation on the basis of a licence from the telecommunication authority (operating licence). Frequency allocation shall be non-discriminatory according to the frequency usage plans and on the basis of comprehensible and objective procedures. The authority shall decide on the application within six weeks, unless special circumstances, such incompleteness of the documentation provided by the applicant or advantage investigations, dictate that a longer period is needed in which to reach a decision.

(2) Frequencies shall be allocated for use if they

1. are specified for use in the frequency usage plan,

2. are available and

3. are compatible with other frequency usages.

(3) The Federal Minister of Science and Transport shall define by decree the detailed provisions relating to frequency usage and frequency allocation, in particular the requirements relating to allocation.

(4) If the frequency usage plan and market circumstances indicate that there is a lack of frequencies for individual public usages, the provisions of §§ 20 ff shall be applied analogously to the allocation of frequencies.

(5) The frequency allocation specifications shall indicate the type and scope of frequency usage insofar as this is necessary to ensure the most efficient and fault-free use of the frequencies and compatibility with other frequency usages. This information shall include the location, the channel bandwidth, the modulation procedure, the output power, the field strength limit values, the geographic and temporal distribution and restrictions on use.

(6) Frequency allocation does not affect existing obligations relating to compliance with statutory, technical or operational requirements based on other legal provisions.

(7) The allocation of frequencies for the operation of radio systems for public purposes shall take precedence if this is necessary to attend to the needs of the applicant.

(8) In allocating frequencies for radio relay links, provided not all applications can be met because of a lack of frequencies, preference shall be given to the applicant who does not have a dominant position on the relevant telecommunication market as defined in § 33, unless the radio relay link in question is needed in this case to provide universal service.

(9) Allocation of frequencies is no guarantee of the quality of the radio link.

(10) For frequencies intended for free use in the frequency usage plan, there is no need for an application for separate frequency allocation if the radio transmission systems used for operation have appropriate approval or have general approval.

(11) Frequency allocation can be revoked if the allocated frequency is not used within six months of allocation for the purpose for which it was allocated or if it has been used and then is not used for six months.

(12) The frequencies intended for the provision of public mobile communications services shall be allocated by means of a concession in accordance with the procedure in §§ 20 ff.

(13) All frequencies may be allocated only for a restricted period. The restriction shall be appropriate for practical and economical considerations.

Changes in frequency usage

§ 50. (1) The type and scope of frequency usage can be subsequently changed if

1. after allocation there is interference in frequency usage because of the increased use of the frequency spectrum or

2. considerable improvements in efficiency are possible on the basis of further developments in technology.

In making such changes the reasonableness of the changes and the economic impact on the parties concerned shall be taken into consideration. In particular, measures must be taken to ensure that radio relay links for which operational use is in the public interest can continue to be operated undisturbed.

(2) If as a result of increased communication requirement on the part of a user the usage level of the allocated frequencies changes so much that other users of the same frequency can no longer use the frequency as intended, the authority can allocate another frequency to the party whose radio operation has caused the restriction, unless a different remedy is possible. The same applies if in connection with applications to expand existing radio networks other users are restricted in their intended use of frequencies.

Frequency usage charges

§ 51. (1) Charges shall be paid by the user for the allocation and use of frequencies and for other work by the authority in connection with frequency allocation and frequency management. These charges are intended to offset the costs of administering the frequencies, planning, co-ordinating and managing the use of frequencies, including the necessary measurements, tests and compatibility investigations to ensure efficient and fault-free frequency usage.

(2) The charges consist of a one-off allocation fee and an annual usage fee. The allocation fee does not apply in cases in which the holder of a mobile radio concession make a frequency usage payment (§ 21). The charges shall be defined by decree by the Federal Minister of Science and Transport in agreement with the Federal Minister of Finance. Consideration shall be given in particular to personnel and material costs to achieve the objectives specified in Section 1. Consideration shall also be given to the question of whether frequencies are to be used commercially.

ADDRESSING AND NUMBERING

 

Definitions

 

§ 52. The following terms are used in this Part:

1. "Addressing elements" are defined as characters, letters, digits and signals used for selecting communication links;

2. "Address" is defined as the totality of all addressing elements used to specify the destination of a communication link;

3. "Numbers" are defined as sequences of digits that are used for the purposes of addressing in telecommunications networks;

4. "Addressing plan" is defined as the totality of all possible combinations of addressing elements that are used for the unique identification of persons, computer processes, machines, devices or telecommunication equipment and that are involved in a telecommunication process;

5. "Numbering plan" is defined as the totality of all possible combinations of addressing elements that use sequences of digits for the unique identification of persons, computer processes, machines, devices or telecommunication equipment and that are involved in a telecommunication process;

6. "Providers" are defined as network operators or service providers to whom addressing elements are allocated for use;

7. "Number portability" is defined as the ability of a subscriber to change his service provider and location while retaining his address.

 

Objective

§ 53. (1) The objective of addressing is the efficient structuring and management of the address space in order to meet the requirements of providers in a fair and non-discriminatory manner.

(2) To achieve this objective, the Federal Minister of Science and Transport shall create addressing plans by decree and define the conditions that have to be met to acquire the right to use addresses and that justify the right to be allocated these addresses.

Numbering plans

§ 54. (1) In creating the numbering plans, the Federal Minister of Science and Transport shall take into consideration the relevant international regulations, particularly with regard to its structure. He shall take appropriate measures to ensure the availability of an adequate number of addresses. Allowance must be made in the numbering plans, as far as is technically feasible, for new national and international services and for number portability.

(2) The structure of the numbering plan and the regulations governing the allocation of numbers shall guarantee equality of opportunity and equality of treatment for all suppliers of public telecommunications services.

(3) The Federal Minister of Science and Transport shall ensure that the necessary preparatory work and measures to introduce number portability for telephone numbers in the form of network operator portability are initiated without delay and expedited so that number portability is available at the earliest possible opportunity in Austria, but in line with the schedule prescribed by the European Union, in order not to present a substantial obstacle to competition on individual markets or the interests of consumers.

Changes to the numbering plans

§ 55. (1) The Federal Minister of Science and Transport can make changes to implement international obligations or recommendations and to safeguard the adequate availability of addressing elements according to the latest state of the art. Consideration shall be given to the effects on the parties concerned, in particular the direct and indirect adjustment costs.

(2) The operators of telecommunications networks and suppliers of telecommunications services affected by these changes are obliged to implement the necessary measures at their own cost.

(3) The changes to the numbering plans, in whole or in part, or the regulations governing the allocation of numbers do not in any way justify claims for damages.

Carrier selection

§ 56. In designing the numbering plans, care shall be taken to ensure that the users of public telecommunications networks can freely select connections network operators.

Number management and number allocation

§ 57. (1) The regulatory authority is responsible for the efficient management of the numbering plans, in particular for recording their use and for the allocation of addressing elements to providers. Providers can be granted the right to manage subordinate elements independently.

(2) The regulatory authority shall, in response to applications, allocate addressing elements to suppliers of telecommunications services for their use. Allocation shall be by objective, non-discriminatory and comprehensible principles; in particular, the principle of equality of opportunity shall be observed. Providers of addressing elements may be granted the right to allocate subordinate addressing element independently.

Obligation to provide information

§ 58. The providers of addressing elements are obliged to submit information to the regulatory authority necessary for the management of the allocated addressing elements.

Use

§ 59. No right of possession can arise from the allocation of addressing elements to a provider. The provider of addressing elements exclusively has the right to use certain elements.

Remuneration for use

§ 60. (1) A remuneration must be made for each possible address - within the addressing elements allocated to a provider. The amount of the remuneration for each possible address shall be defined by decree by the Federal Minister of Science and Transport in agreement with the Federal Minister of Finance. Consideration shall be given in particular to the economical benefits from the allocation and to the personnel and material costs necessary for management and allocation.

(2) If an addressing element allocated via an application prevents the use of further addressing elements based on that initial addressing element, the provider shall make a payment to compensate for the loss of the possible use of the further addressing elements. The amount of this payment shall also be defined in a decree in accordance with Section 1.

(3) Paragraphs 1 and 2 shall also apply to cases in which at the time the numbering plan comes into force addressing elements are being used without allocation or are being held in stock.

Addressing plans

§ 61. The Federal Minister of Science and Transport can create addressing plans by decree if this is necessary in view of free and ordered access to the networks and services or for the purposes of meeting international obligations.

§ 62. Anyone is authorised to make use of public telecommunications services including universal service and special supply requirements under the published general business conditions and remunerations.

§ 63. If a subscriber is in default, the operator of a public telecommunications service may interrupt or disconnect service only if he has given the subscriber advance notice that the service will be interrupted or disconnected and a period of at least an additional two weeks has elapsed without payment. Interruption or disconnection of universal service as defined in § 24 Section 2 Points1 to 3 must not take place if the subscriber is exclusively in default with regard to obligations from other contractual relationships.

§ 64. (1) If a subscriber doubts the correctness of the amount invoiced, the provider of the telecommunications service shall, in response to a written application, check all the factors on which the amount is based and, on the basis of the results of this check, either confirm the correctness of the invoice or adjust the invoice accordingly.

(2) If the regulatory authority is called on to resolve a dispute (§ 66), the settlement date for the amount invoiced is postponed until the dispute is resolved. Irrespective of this arrangement, an amount equivalent to the average of the last three invoice amounts may be invoiced as due for immediate payment. Excessive amounts collected shall be repaid together with statutory interest from the data of collection.

(3) If an error is discovered which may have been to the disadvantage of the subscriber and the correct remuneration cannot be ascertained, a lump sum payment shall be defined in the general business conditions which is based on the average level of use of this telecommunications service by the subscriber.

Disconnection for other reasons

§ 65. (1) Irrespective of the institution of criminal proceedings, the operator of a public telecommunications network or service can request a subscriber to disconnect interfering or non-approved terminal equipment immediately from the network termination point.

(2) If the subscriber fails to meet this request and if other users of the network or service are disadvantaged or endangered, the operator can disconnect the line from the network or service.

(3) If, however, the subscriber lodges an objection in response to the request (Section 1) and if there is no disadvantage or endangerment according to Section 2, the operator may not disconnect the line from the service or network but must call on the regulatory authority to adjudicate.

§ 66. Each party, including users, service providers, consumers and other organisations, has the right to call on the regulatory authority in the event of disputes with an operator of a public telecommunications network or a public telecommunications service over an alleged violation of this Law, in particular relating to the provisions of the directive for the introduction of open network access ONP (ONP dispute settlement procedure) and the associated guidelines. The regulatory authority shall produce an acceptable solution within six weeks or inform the parties of its view of the case. The network operators and service providers are obliged to co-operate in such a procedure and submit all the information and documentation required to assess the situation. The option of going to law remains unaffected.

RADIO SYSTEMS AND TERMINAL EQUIPMENT

 

 

Technical requirements

§ 67. (1) The design and operation of radio systems and terminal equipment must comply with the rules of the art and requirements arising from international regulations.

(2) Personal safety and health are of paramount importance in the installation and operation of radio systems and terminal equipment, as is the interference-free operation of other radio systems and terminal equipment. In designing radio systems and terminal equipment, consideration must be given to the needs of environment protection, within the bounds of what is economically reasonable, with regard in particular to correct disposal.

(3) By decree, the Federal Minister of Science and Transport can define more detailed provisions and technical requirements for radio systems and terminal equipment according to the latest state of the art, in particular for

1. the type approval of radio systems,

2. the approval of terminal equipment and

3. the operation of radio systems on foreign ships, aircraft and other means of transport that stay in Austrian territory.

(4) Instead of the provisions specified in Section 3, relevant ÖNORMEN or ÖVE provisions can be declared by decree as binding.

(5) The provisions of Section 3 may include references to documents with a technical content, in particular measurement and testing methods, which are available for inspection at the Federal Ministry of Science and Transport, at the regulatory authority and at the Approvals Office during office hours.

Licensing obligation for radio systems

§ 68. (1) The installation and operation of a radio system is permitted only with a licence. The licence shall be granted unless there is reason for not doing so.

(2) Provided it is compatible with the interests of proper fault-free telecommunications, the Federal Minister of Science and Transport can decree the installation and the operation of radio systems and the import, sales and possession of radio transmission systems to be generally licensed for certain equipment types and models.

Radio systems

§ 69. (1) Satellite radio systems as defined in Council Directive 93/97/EEC shall be considered as radio systems within the meaning of this Law. If they are designated as terminal equipment they are subject to the regulations governing terminal equipment.

(2) Telecommunication equipment for which individual frequency allocation is required shall be considered as radio systems within the meaning of this Law.

Import, sale and possession

§ 70. (1) The import, sale and possession of radio transmission systems are permitted only with a licence. A sales licence also entitles the holder to import and possess radio transmission systems; an import licence entitles the holder to possess radio transmission systems. Custody is considered as possession. Radio transmission systems approved and appropriately identified as terminal equipment do not require such a licence.

(2) A licence as defined in Section 1 shall be granted if there is reason to assume that the technical requirements in accordance with § 67 are met, in particular if interference with other radio systems is not expected and there are no other reasons for refusal in accordance with § 80.

(3) For radio systems that do not meet the technical requirements in accordance with § 67 in whole or in part, an import licence shall be granted only if the equipment is being imported only temporarily for the purposes of subsequent export. The licence shall be limited to three months; proof of export must be submitted to the authority.

(4) The import, sale and possession of radio reception systems do not require licences.

(5) The Federal Minister of Science and Transport can, by decree, prohibit the import, sale and possession of radio reception systems or make them subject to licensing if their use constitutes a threat to public security or in any other way conflicts with the performance of official duties.

Type approval for radio systems

§ 71. (1) On application, the Approvals Office shall ascertain whether a radio system complies with technical requirements in accordance with § 67 (type approval). Type approval shall be granted if the radio system meets the technical requirements.

(2) Approval is not necessary if, on the basis of a procedure defined in international regulations binding on the Republic of Austria

1. internationally recognised approval has been granted by a foreign agency and

2. the radio system is identified in accordance with regulations.

Such equipment is considered to be approved in accordance with Section 1.

(3) By decree, the Federal Minister of Science and Transport shall publish detailed provisions relating to the identification of radio systems, taking into consideration any binding international regulations.

Approval and type approval for terminal equipment

§ 72. (1) On application, the Approvals Office shall ascertain whether terminal equipment complies with technical requirements in accordance with § 67 and is suitable for connection to a public telecommunications network (individual approval or type approval). Approval shall be granted if the terminal equipment meets the technical requirements such that connection of this terminal equipment and its intended operation is unlikely to impair normal telecommunication traffic, in particular as a result of interference from telecommunications networks, radio systems and other terminal equipment, or vice versa.

(2) Approval is not necessary if, on the basis of a conformity assessment procedure defined in international regulations binding on the Republic of Austria or in accordance with Austrian regulations governing a conformity declaration by the manufacturer

1. internationally recognised approval (conformity certificate) has been granted by a foreign agency or

2. a conformity declaration by the manufacturer is available and the equipment is identified in accordance with regulations.

Such equipment is considered to be approved in accordance with Section 1.

(3) By decree, the Federal Minister of Science and Transport shall publish detailed provisions relating to the internationally recognised conformity assessment procedure (certification, prototype test and the like), the national conformity declaration of the manufacturer, the identification of the equipment, the product controls and the supervisory requirements, taking into consideration any binding international regulations. If internationally binding regulations are involved, the Federal Minister shall issue such a decree.

Identification

§ 73. (1) The prescribed identification of radio systems and terminal equipment may only be applied by the authorised party. Identification may only be applied to equipment that corresponds to the approved type. The identification is classified as public documentation.

(2) By decree, the Federal Minister of Science and Transport shall defined the appearance of such identification.

(3) If radio systems or terminal equipment are identified in accordance with a decree issued on the basis of §§ 71 Section 3, 72 Section 3 or 73 Section 2, without the requirements in accordance with Section 1 being met, the regulatory authority shall prohibit the distribution and free movement of this equipment in accordance with the provisions of the relevant Council Directives and shall cancel or remove their identification at the cost of the manufacturer or supplier. This also applies if radio systems or terminal equipment are identified with symbols that may be confused for identifications prescribed in one of the above-mentioned regulations.

(4) By decree, the Federal Minister of Science and Transport shall define more detailed provisions relating to the procedure for prohibition in accordance with Section 3. He shall take into consideration any binding international regulations.

§ 74. Equipment and satellite radio systems which are suitable for connection to a public telecommunications network but which are not provided for this purpose may not be connected to a public telecommunications network. They may only be marketed if they are identified in accordance with binding international standards and if an express declaration has been made by the manufacturer concerning the intended purpose and the manufacturer has issued instructions for use.

§ 75. (1) Radio systems and terminal equipment must not be misused. The following are classified as misuse:

1. any communication that threatens public order, jeopardises public security, offends decent standards of morality or contravenes the law;

2. any gross harassment or intimidation of other users;

3. any violation of obligations of secrecy existing under this law or international contracts and

4. and communication that is not in accordance with the licensed purpose of a radio system.

(2) As far as can be reasonably expected, owners of radio systems and terminal equipment shall take suitable measures to prevent misuse. Service providers who merely offer access to telecommunications services are not classified as owners.

(3) Radio systems may only be operated for the licensed purpose and at the locations specified in the licence; mobile systems may only be operated in the area specified in the licence.

(4) Radio transmission systems may only be operated using the frequencies and call signals allocated under the licence.

(5) Terminal equipment may only be operated in such a way that there is no interference with a public telecommunications network.

(6) Terminal equipment that are not approved or not appropriately identified must not be connected to a public telecommunications network or operated in conjunction with such.