Info service fees

GIS fees Info Service GmbH
legal form	GmbH
founding	September 23, 1998
Seat	Vienna , Austria
management	Harald Kräuter, Christian Kerschbaumsteiner
Number of employees	210
sales	30.8 million euros (2016)
Branch	Debt collection agencies
Website	www.gis.at
	Status: March 2017

The so-called GIS Fee Info Service GmbH ( GIS ) has been in charge of collecting and billing broadcasting fees in Austria since 1998 . It thus implements the Broadcasting Fee Act and is subject to the instructions of the Federal Minister of Finance in this regard .

Among other things, it forms the Austrian counterpart to the German ARD ZDF Deutschlandradio contribution service , the Swiss Serafe AG and the British TV Licensing .

history

Originally the company was a wholly owned subsidiary of Post and Telekom Austria . The new Broadcasting Fee Act of 1999 (RGG for short) enabled ORF to take a 50% stake in the GIS. GIS has been a wholly-owned subsidiary of ORF since the beginning of 2001.

Since the original company fee collection Service GmbH emphasized that the GIS is a collection agency , the name was changed in May 2000 to the present name, which is meant to suggest a services company that informs and not controlled. Furthermore, the GIS also has official powers and can issue notices in the first instance.

Company data

The company is registered at the Commercial Court of Vienna under company register number 174 754 t . The capital contribution is 36,336.42 euros , the sole shareholder is ORF. The annual turnover in 2018 was EUR 34.1 million.

In 2018, the company collected EUR 922.4 million in broadcasting fees and the associated taxes and fees. These were distributed as follows:

ORF: EUR 620.1 million program fees to ORF (excl. 10% VAT )

Federal government: EUR 138.5 million (broadcasting fees, art subsidy, taxes)

Federal states: EUR 146.8 million

At the end of 2018, the GIS managed 3,636,191 broadcast users (2017: 3,620,107). Of these, 302,930 were exempt from fees (2017: 312,166). According to the GIS, “the number of unobserved people in inhabited private households” was around 4% in 2018, as in the previous year.

Managing directors under commercial law are Harald Kräuter and Christian Kerschbaumsteiner (each with collective signing), authorized signatories with collective signing authority are Christian Kopff and Manuela Strasser. The supervisory board members are: Andreas Nadler (ARVors), Brigitte Wolf (ARVorsStv), Martin Biedermann, Monika Eigensperger, Hannes Prudlo, Doris Vogelsinger.

Today the company employs a total of around 210 people in the office and in the field . at the locations in Vienna , Linz , Graz and Innsbruck .

Business purpose

Development of registered broadcast participants in Austria (2000-2014)

Recording of potential radio participants on the basis of the registration data (households with radio equipment presumably ready to receive);
Settlement and forwarding of the collected funds to the federal, state and ORF (see business figures);
if necessary, initiation of administrative channels if the fees are not collected;
Decision on possible exemption from license fee; Subsidy payment for telephone charges, as well as exemption from the green electricity flat rate (since 2012);
Increasing the number of registered participants;
Advice on inquiries about fees.

method

The GIS has the option of comparing the registered participant data with the registration data. Non-reported locations of private individuals and companies receive written inquiries as to whether there are radio devices at the respective location.

The GIS appears in public with the principle of “informing instead of checking”, but GIS employees also make unannounced house calls to households that have not registered any radio reception facilities (or only radio sets). If they receive information from the residents that there is actually no reception facility in the household, they regularly ask whether they can convince themselves of this.

GIS employees do not have access rights; they are only allowed to enter the apartment if they are invited in. Only if there is a well- founded suspicion that a report is incorrect or incomplete, or that such a report is refused despite a reminder, the company can arrange for a review of the fee obligation with the cooperation of the locally responsible district administrative authority.

If it is proven that the information provided by an apartment owner is untruthful, this is an administrative violation, according to which the responsible district administrative authority can impose an administrative fine of up to 2,180 euros.

The GIS is an entrusted authority and can therefore issue notifications and residue certificates. Complaints must be addressed to the Federal Administrative Court (Section 6 (1) of the Broadcasting Fee Act as amended by Federal Law Gazette I 2013/70).

The GIS relies primarily on deterrence through home visits and campaigns on television, radio and the Internet. This approach has been found to be effective.

GIS employees receive a bonus for every “black eyed” discovered, which according to unofficial information is around 20 euros.

Legal basis

Broadcasting Fees Act - RGG, Federal Law Gazette I No. 159/1999 Federal Act on the Collection of Broadcasting Fees

Art Funding Contribution, Federal Law Gazette 573/1981 Federal Act of 9 December 1981 on Art Funding Contributions (Art Funding Contribution Act 1981)

State taxes (State Law Gazettes ) concern the dedication of the taxes collected together with the broadcasting fees.

Exemption from the license fee, Federal Law Gazette No. 170/1970 Telecommunication Fee Regulation (FGO) Federal Act of June 18, 1970 on Telecommunication Fees (Telecommunication Fee Act)

Subsidy payment for telephone charges, Federal Law Gazette I No. 142/2000 Federal Act on Subsidy Services for Telephone Charges Telephony Charge Subsidy Act (FEZG)

Green electricity exemption , Federal Law Gazette No. II No. 237/2012 Green electricity exemption regulation 2012

ORF Law (ORF-G), Federal Law Gazette No. 379/1984 Federal Law on Austrian Broadcasting

Broadcasting fees

Since April 2017, television (including radio) has been subject to an average radio license fee of EUR 25 per month in Austria; radio alone (excluding television) has an average of EUR 6.99.

On average, because with the broadcasting license fee, state taxes - differently depending on the federal state (exceptions: Vorarlberg and Upper Austria) - and the cultural funding contribution are levied.

The ORF only receives the so-called program fee from the fees collected.

	total	Radio- fee	Television fee	Program- Fees	Art- advancement	National delivery	VAT
Broadcasting fees in the Austrian federal states in euros per month (TV incl.radio) (from April 2017)
Fee accrues		Federation	Federation	ORF	Federation	countries	Federation
Vienna	26.33	0.36	1.16	17.21	0.48	5.40	1.72
Lower Austria	26.33	0.36	1.16	17.21	0.48	5.40	1.72
Burgenland	23.73	0.36	1.16	17.21	0.48	2.80	1.72
Upper Austria	20.93	0.36	1.16	17.21	0.48	0.00	1.72
Salzburg	25.63	0.36	1.16	17.21	0.48	4.70	1.72
Styria	26.73	0.36	1.16	17.21	0.48	5.80	1.72
Carinthia	26.03	0.36	1.16	17.21	0.48	5.10	1.72
Tyrol	24.63	0.36	1.16	17.21	0.48	3.70	1.72
Vorarlberg	20.93	0.36	1.16	17.21	0.48	0.00	1.72

	total	Radio- fee	Television fee	Program- Remuneration	Art- advancement	National delivery	VAT
Broadcasting fees in the Austrian federal states in euros per month (radio only) (as of April 2017)
Fee accrues		BMF	BMF	ORF	Federation	countries	Federation
Vienna	7.33	0.36	0.00	4.60	0.48	1.43	0.46
Lower Austria	7.30	0.36	0.00	4.60	0.48	1.40	0.46
Burgenland	6.60	0.36	0.00	4.60	0.48	0.70	0.46
Upper Austria	5.90	0.36	0.00	4.60	0.48	0.00	0.46
Salzburg	7.50	0.36	0.00	4.60	0.48	1.60	0.46
Styria	7.40	0.36	0.00	4.60	0.48	1.50	0.46
Carinthia	7.30	0.36	0.00	4.60	0.48	1.40	0.46
Tyrol	6.90	0.36	0.00	4.60	0.48	1.00	0.46
Vorarlberg	5.90	0.36	0.00	4.60	0.48	0.00	0.46

criticism

The GIS is generally accused of acting in a way that is hostile to customers.

In particular, it is often criticized that the GIS also demands broadcasting fees from people who neither own a radio nor a television or, despite having a receiving device, do not consume the ORF programs. According to Austrian law, anyone who operates one or more radio receivers in buildings or who simply keeps them available for operation is obliged to pay the fees if the location is supplied with the ORF terrestrial (analogue or DVB-T) programs. Disregarding the exemption from fees for those in need, the only legal option for private households to avoid paying the fees is to completely renounce radio reception in closed rooms (no fees have to be paid for reception in vehicles or outdoors). The decision of the Administrative Court in 2015 not only resulted in no broadcasting fees for internet-enabled computers, but also for TV monitors. As a result of this decision, several providers of so-called "GIS-free" TVs have emerged in Austria.

Notes on the website of GIS that all devices with which the radio reception is possible also to reporting and charge you are - and therefore Internet-enabled computer - called the Ombudsman's Office in its report to the National Council and the Federal Council in 2008 to be incorrect and put the well contrary to their opinion contradicting legal opinions of the Federal Ministry of Finance and the Federal Chancellery . In 2015 the Higher Administrative Court confirmed that computers with internet access are not subject to the license fee.

Further points of criticism are of a data protection nature: For example, ARGE Daten repeatedly deals critically with the GIS because of the comprehensive query option in the central register and the processing of the social security number .

The Austrian Bar Association in 2005 brought massive criticism of the GIS: Although the Constitutional Court had repealed parts of the Vienna Cultural Funding Contribution Act as unconstitutional, the GIS announced that it would continue to collect the fees and only repay them later if necessary.

Another point of criticism is that the GIS forwards its outstanding debts to third collection agencies for collection, although an administrative authority has the right to issue arrears cards, and this procedure entails additional costs for the "customer". Other administrative authorities of the municipalities, the federal states and the federal government must commission the financial procurator for court acts for which a lawyer is required . Thus, in the event of arrears at administrative authorities, different costs arise for the citizen. In the course of the parliamentary procedure to amend the Broadcasting Fee Act in the spring of 2016, reference was again made to the cost consequences of the interposition of debt collection agencies and lawyers to collect broadcasting fees and this practice was criticized.

Legal

Supreme Court decisions

With its ruling of September 4, 2008, the Austrian Administrative Court decided in favor of a complainant that no program fee is to be paid if it is technically impossible to receive the ORF programs:

"The contested decision is repealed in the contested scope, i.e. with regard to the objection to the monthly program fee to be paid in accordance with Section 31 of the ORF Act as well as to the decision on the total amount to be paid due to the illegality of its content."

- Austrian Administrative Court : decision of September 4, 2008

In the opinion of GIS, all other components of the fees, including the television fee, had to be paid in accordance with the law (see amendment to the ORF Act below).

“For the GIS, the VwGH's finding means that broadcasters who want to deregister their television set due to the non-reception of ORF programs can only do so with regard to the television fee. [...] All other pro-rated charges (radio and television fees, cultural funding and state tax) are still to be paid, as well as the fee for receiving radio programs. "

- Info Service Fees : Article on the website dated December 3, 2008

The Austrian Administrative Court ruled on June 30, 2015:

“Broadcasting reception facilities within the meaning of the Broadcasting Fee Act are only those devices that use 'broadcasting technologies' (wireless terrestrial path, cable networks, satellite). A computer that can be used to receive radio programs using these radio technologies (for example by means of a TV or radio card, DVB-T module) is therefore to be assessed as a radio receiver. A computer with only an Internet connection, on the other hand, is not a radio receiver, so there is no license fee to be paid for it. "

The realization triggered numerous reactions in Austria. Richard Grasl, commercial director of the ORF, called for a discussion to begin about the introduction of a household tax, as it already exists in Germany or Switzerland.

Change of the ORF law

The decision of the VwGH of September 2008 (see above) was rendered ineffective in December 2011 with the votes of the ÖVP and the SPÖ in parliament by supplementing Section 31 (10) of the ORF law, which came into force on January 1, 2012. This means that payment of the ORF program fee, which is part of the radio and television fees, is due again in any case if the Austrian broadcasting station is supplied with terrestrial, analogue or DVB-T programs and a device is ready to receive or is operated. This even then again if the device cannot receive the ORF programs.

The initiative of the members of the National Council Josef Cap (SPÖ) and Karlheinz Kopf (ÖVP) to amend the law was justified by the fact that

"With the addition in Section 31 (10) [...] it [is] made clear that a radio subscriber (that is, anyone who operates or keeps radio reception facilities within the meaning of Section 1 (1) RGG operational) at a location in order to pay the ORF program fee is obliged if its location is supplied with the ORF programs according to § 3 Paragraph 1 terrestrial analogue or digital in DVB-T format. "

Hacker attack on GIS website

On July 22, 2011, there was a hacker attack on the GIS website. Activists from Anonymous have tried to continue their Internet demonstrations after attacks on the websites of the Austrian parties SPÖ and FPÖ . Over 214,000 customer data records, around 96,000 of which with account numbers, were copied. On July 26th, all persons concerned were informed of the hacker attack in writing and via a chargeable hotline.

Web links

Individual evidence

^ Tasks of the GIS. Retrieved April 12, 2020 .

↑ ^a ^b Company - Tasks of GIS. In: GIS website. Retrieved February 2, 2015 .

↑ GIS homepage [1]

^ ORF: list of subsidiaries and holdings [2]

↑ Bonus for nondescripts. In: derStandard.at. March 12, 2008, accessed on November 11, 2008 : “The GIS customer advisors work on a premium basis: The GIS spokesman does not reveal how much they receive for each stealth person they find. According to standard research, the premium is roughly equivalent to a monthly fee - around 20 euros. "

↑ Table of fees, ( Memento of the original from January 16, 2013 in the Internet Archive ) Info: The @1@ 2Template: Webachiv / IABot / www.gis.at archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on GIS.at, accessed on May 12, 2017.

↑ ORF fees . In: Konsument (issue 4/2002) . March 21, 2002 ( konsument.at ).

↑ Case study, decision of the Administrative Court, GZ 2009/17/0098

↑ rfi: Why GIS-free TVs are getting even better now - multimedia. Retrieved February 23, 2020 .
↑ 32. Report of the VA to the National Council and the Federal Council 2008 (PDF; 1.8 MB), page 98 f.
↑ Archived copy ( memento of the original from July 23, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
↑ Legislators are planning (s) special access to income data for GIS. In: argedaten.at. ARGE Daten, July 8, 2008, accessed on November 20, 2011 .
↑ Can the GIS request the social security number for fee exemption applications? In: argedaten.at. ARGE data, accessed on March 19, 2009 .
↑ Use of registration data and access rights by the GIS. In: argedaten.at. ARGE data, accessed on March 19, 2009 .
↑ GIS - Data Protection Act does not provide sufficient protection for citizens. In: argedaten.at. ARGE data, January 23, 2008, accessed on November 11, 2011 .
^ Austrian Bar Association: Perception report on the administration of justice in Austria for the year 2004/2005. P. 41f PDF ( Memento of the original dated December 22, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
↑ Questions about billing: 4. What happens if I don't pay my license fee on time? In: GIS website. Accessed on January 29, 2015 : "If, despite a first reminder, no payment is made, GIS transfers the outstanding claim to a debt collection agency, which is charged with collecting the outstanding fee."
↑ Federal Act on the Collection of Broadcasting Fees (Broadcasting Fees Act - RGG). January 29, 2015, accessed on January 29, 2015 : "Section 6. (3) [...] The company is entitled to issue residue cards."
↑ Opinion 8 / SN-204 / ME XXV. GP amending the Broadcasting Fee Act. (PDF) In: parlament.gv.at. Marius Maurer, May 20, 2016, accessed June 10, 2016 .
↑ Finding of the Administrative Court, GZ 2008/17/0059 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF)@1@ 2Template: Toter Link / www.vwgh.gv.at

↑ No ORF program fee if ORF programs cannot be received ( Memento from February 21, 2009 in the Internet Archive )

↑ No broadcasting fees for computers with internet connection (tax law) Ro 2015/15/0015 from June 30, 2015. ( Memento of the original from October 6, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Administrative Court. @1@ 2

↑ ^a ^b Supreme Court overturns GIS fees for computers with Internet connection Der Standard from July 20, 2015.

^ ORF law: In future, fees will also be due without receipt. In: Die Presse of December 7, 2011, accessed December 8, 2011.

↑ Initiative motion 1759 / A XXIV. GP : Motion of the deputies Dr. Josef Cap, Karlheinz Kopf, colleagues on a federal law amending the ORF law (PDF; scanned original; 35 kB), introduced on November 18, 2011. Accessed December 11, 2011.

↑ Homepage of the "GIS" by Anonymous hacked. In: derStandard.at. July 22, 2011, accessed on July 22, 2011 : “Anonymous has struck again. On Friday, the website of “Fee Info Service GmbH” (GIS) was taken over by the hackers several times. Visitors to www.orf-gis.at saw a website designed by Anonymous. Anonymous informed about this action via Twitter. The ORF subsidiary GIS is responsible for collecting the ORF fees, among other things. "

↑ Hacker attack: GIS specifies the extent of the data loss. In: news.ORF.at, July 25, 2011. Accessed November 4, 2011.

↑ Hacker attack: GIS-apologizes-to-those affected

[1] Tasks of the GIS. Retrieved April 12, 2020 .

[Unternehmen-2] Company - Tasks of GIS. In: GIS website. Retrieved February 2, 2015 .

[3] GIS homepage [1]

[4] ORF: list of subsidiaries and holdings [2]

[5] Bonus for nondescripts. In: derStandard.at. March 12, 2008, accessed on November 11, 2008 : “The GIS customer advisors work on a premium basis: The GIS spokesman does not reveal how much they receive for each stealth person they find. According to standard research, the premium is roughly equivalent to a monthly fee - around 20 euros. "