Communications Authority Austria

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AustriaAustria  Communications Authority Austria
Austrian Authority
State level Federation
Position of the authority unrestricted collegial authority
At sight subordinate department of the Federal Chancellery
founding 2001
Headquarters Vienna 6 , Mariahilfer Strasse 77-79
Authority management Michael Ogris (Chairman)
Website www.kommaustria.at

The Austrian Communications Authority , also known as KommAustria for short , is the Austrian regulatory authority for broadcasting and audiovisual media, founded in 2001, and at the same time the legal supervisory authority for Austrian broadcasting . To undertake the tasks in these areas serves as office, the broadcasting and telecommunications regulatory GmbH (RTR) , which KommAustria with and services responsible for the regulation of telecommunications networks Telekom-Control Commission (TKK) and for the Post regulation responsible Post Control Commission (PCK) shares.

Since October 1, 2010, KommAustria has been a collegial authority free of instructions and made up of five members.

Communications Authority Austria

tasks

The KommAustria Act  (KOG) assigns KommAustria the following tasks in particular in Section 2 Paragraphs 1 and 2:

  • Legal supervision of the Austrian Broadcasting Corporation and its subsidiaries
  • Legal supervision of private radio broadcasters under the Private Radio Act (PrR-G) and private television broadcasters and other audiovisual media service providers under the Audiovisual Media Services Act (AMD-G)
  • Allocation and approval procedures according to the PrR-G and the AMD-G
  • Procedure for the joint use of broadcasting systems according to § 8 ORF-G
  • Advertising monitoring (continuous random sampling) at all broadcasters and media service providers in Austria to ensure compliance with the legal requirements
  • Preparation, introduction and further development of digital broadcasting according to the 6th section of the AMD-G
  • Issuing permits to operate the technical facilities required for broadcasting
  • Frequency management for the area of ​​broadcasting frequencies according to the TKG 2003
  • Regulation of the communication infrastructure for broadcasting broadcasting in accordance with Section 120 TKG 2003
  • Allocation of funding according to the Press Funding Act ( press funding ) and the Journalism Funding Act
  • Performing the tasks according to the Media Cooperation and Promotion Transparency Act
  • Performing the tasks in the area of ​​the Television Exclusive Rights Act (FERG)

organization

The authority is based on a specially created constitutional basis ( Art. 20 Para. 2 Z 5 B-VG ). Organizationally, it is subordinate to the Federal Chancellery as an office. The five members are appointed by the Federal President on the proposal of the Federal Government in agreement with the Main Committee of the National Council for a period of six years.

The members must be lawyers and have at least five years of legal professional experience. There are extensive incompatibility provisions with regard to ensuring the independence of the members, for example in relation to activities (including those prior to the appointment) in political functions, interest groups or media companies.

A complaint can be made to the Federal Administrative Court against the decisions of KommAustria . The further (extraordinary) legal action leads to the Constitutional Court and the Administrative Court .

KommAustria decides in senates (consisting of three members) or as individual members, whereby the "more important" decisions (e.g. program complaints against the ORF, license withdrawal procedures, legal supervisory procedures, etc.) are reserved for the senates. KommAustria acts ex officio as well as on application or on the basis of complaints from certain people (competitors, victims or "popular complaints" with sufficient declarations of support).

Members

  • Michael Ogris - Chairman
  • Susanne Lackner - Deputy Chairwoman
  • Martina Hohensinn
  • Thomas Petz
  • Katharina Urbanek

As of March 22, 2019

Telekom Control Commission (TKK) and Post Control Commission (PCK)

AustriaAustria  Telekom Control Commission
Austrian Authority
State level Federation
Position of the authority unrestricted collegial authority
At sight Federal Chancellery
founding 1997
Headquarters Vienna 6 , Mariahilfer Strasse 77-79
Authority management Nikolaus Schaller (Chairman)
Website www.rtr.at/…
AustriaAustria  Post Control Commission
Austrian Authority
State level Federation
Position of the authority unrestricted collegial authority
At sight Federal Chancellery
founding 2008
Headquarters Vienna 6 , Mariahilfer Strasse 77-79
Authority management Nikolaus Schaller (Chairman)
Website www.rtr.at/…

The Telekom Control Commission (TKK) was founded in 1997 as a regulatory authority for the telecommunications market. Today it is a collegial authority with judicial influence and free from instructions according to Art. 20 Para. 2 Z 4 B-VG . The commission consists of three main and three substitute members who are appointed by the federal government for a period of five years.

The tasks of the Telecommunications Control Commission are laid down in the Telecommunications Act of 2003. These include competition regulation, the frequency allocation process and the review or approval of general terms and conditions and fees from telecommunications companies. From 2008 regulatory tasks in the postal sector were added. To this end, the TKK was initially expanded to include a senate for postal matters. With the new Postal Market Act of December 4, 2009 (Federal Law Gazette I No. 123/2009), the Post Control Commission (PCK) was created.

The authority maintains a registration form on the Internet for complaints about harassing calls.

The TKK and the PCK are on an equal footing with KommAustria. In contrast to other EU member states, for example in Great Britain with OFCOM or in Italy with AGCOM , there is no “uniform” regulatory authority for the media and telecommunications sector in Austria.

In the telecommunications and post department, RTR-GmbH acts as the branch of the TKK and the PCK.

Rundfunk- und Telekom Regulierungs-GmbH (RTR-GmbH)

AustriaAustria  Rundfunk- und Telekom Regulierungs-GmbHp1
State level Federation
position Federally owned company
legal form Company with limited liability
At sight Federal Chancellery
founding 2001
Headquarters Vienna 6 , Mariahilfer Strasse 77-79
management Oliver Stribl, Klaus M. Steinmaurer (Managing Director)
Website www.rtr.at

RTR-GmbH is the office of KommAustria and the TKK as well as the PCK. It is fully bound by the instructions of the authorities in these areas.  RTR-GmbH itself is the authority for individual enforcement tasks of the Telecommunications Act (TKG 2003); Funding administration in the media department is also handled independently. RTR-GmbH employs around 100 people. Accordingly, RTR-GmbH is divided into two departments, the media department and the telecommunications and post department . Each department is headed by a managing director. The activities of RTR-GmbH are audited by auditors . The nine-member supervisory board consists of representatives from the two authorities, the Federal Chancellery and the Federal Ministry for Transport, Innovation and Technology, as well as the workforce.

The following areas of responsibility fall within the media department:

  • Broadcasting regulatory (including licensing and legal supervisory procedures, frequency management, alternative dispute resolution, end customer dispute settlement, market analysis and market definition)
  • Digitization Fund (set up in 2004 with the purpose of promoting digital transmission technologies and digital applications based on European standards in connection with radio programs ( digital television ); budget since 2009: 0.5 million euros - financed from the federal share of the broadcasting fees)
  • TV Fund Austria (since 2004; supports TV film productions with a maximum of 20% of the production costs or the maximum amount of funding per production type; budget since 2009: 13.5 million euros - financed from the federal share of the broadcasting fees)
  • Distribution of subsidies from the funds for private broadcasting and non-commercial broadcasting (budget: 20 or 3 million euros - financed from the federal share of the broadcasting fees)

The areas of activity of the Telecommunications Department are:

RTR-GmbH is responsible for the TKK in the areas of general terms and conditions, frequency allocation procedures and competition regulation. Since the establishment of the Post Control Commission (PCK) as the Senate for Post Regulation at the TKK in 2008, RTR-GmbH has also been responsible for its general terms and conditions, competition regulation and the implementation of supervisory measures.

RTR-GmbH is financed from federal funds and contributions from the companies that are responsible for the regulation. The federal funding for regulatory tasks is around 30% each. The total budget of RTR-GmbH amounts to around 12.5 million euros (2014).

RTR also keeps a list of certification service providers approved in Austria and their services.

At the auction carried out by RTR of around 50% of the mobile radio frequencies available in Austria on October 21, 2013, a total of 2.014 billion euros were achieved. The minimum bid set by RTR was 526 million euros. The A1 Telekom Austria bought frequencies for 1.03 billion euros, T-Mobile Austria for EUR 654 million and Hutchison Three Austria ( Hutchison Whampoa ) for 330 million euros.

See also

Web links

Individual evidence

  1. ↑ Federal law on the establishment of a communications authority Austria ("KommAustria") , Federal Law Gazette I No. 32/2001 , last amended by Federal Law Gazette I No. 84/2013
  2. ↑ Federal law that enacts provisions for private radio (Private Radio Act - PrR-G), Federal Law Gazette I No. 20/2001, last amended by Federal Law Federal Law Gazette I No. 50/2010
  3. ↑ Federal Act on Audiovisual Media Services (Audiovisual Media Services Act - AMD-G), Federal Law Gazette I No. 84/2001, last amended by Federal Law Gazette I No. 84/2013
  4. ↑ Federal Act on Austrian Broadcasting (ORF Law, ORF-G), Federal Law Gazette No. 379/1984, last amended by Federal Law Gazette I No. 169/2013
  5. ↑ Federal law, with which a telecommunications law is enacted (Telecommunications Act 2003 - TKG 2003, Federal Law Gazette I No. 70/2003), last amended by Federal Law Gazette I No. 96/2013
  6. ↑ Federal Act on the Promotion of the Press (Press Promotion Act 2004 - PresseFG 2004), Federal Law Gazette I No. 136/2003, last amended by Federal Law Gazette I No. 42/2010
  7. ↑ Federal Act on the Promotion of Political Education and Journalism 1984 (Publizistikförderungsgesetz 1984 - PubFG), Federal Law Gazette No. 369/1984, last amended by Federal Law Gazette I No. 22/2012
  8. ↑ Federal Act on the Transparency of Media Cooperations and Advertising Orders and Funding to Media Owners of a Periodic Medium (Media Cooperation and Promotion Transparency Act, MedKF-TG), Federal Law Gazette I No. 125/2011
  9. ↑ Federal Act on the Exercise of Exclusive Television Transmission Rights (Television Exclusiv Rights Act - FERG), Federal Law Gazette I No. 85/2001, last amended by Federal Law Gazette I No. 84/2013
  10. ↑ Austrian Communications Authority ("KommAustria") ( Memento from April 22, 2016 in the Internet Archive ) , Federal Chancellery> Offices
  11. ↑ Distribution of responsibilities for KommAustria
  12. ^ Wiener Zeitung - New member fixed for media authority. Retrieved March 22, 2019 .
  13. ↑ RTR - KommAustria. Retrieved March 22, 2019 .
  14. ↑ List of certification service providers approved in Austria maintained by RTR ( Memento from September 21, 2007 in the Internet Archive )