Kommunikationsbehörde Austria

Kommunikationsbehörde Austria or KommAustria is the Austrian regulatory authority for broadcasting and audiovisual media, founded in 2001, and the legal supervisory authority for Austrian broadcasting to perform the tasks in areas as the office of the Broadcasting and Telecommunications Regulatory GmbH (RTR-GmbH), the KommAustria responsible for the regulation of telecommunications networks and services Telekom-Control Commission (TKK) as well as for the Postreg Control Post-Control Commission (PCK) shares.[1][2][3]

Since October 1, 2010, KommAustria has been a non-directive collegiate body consisting of five members.

Communication Authority Austria

Tasks

The KommAustria Act (KOG) assigns KommAustria the following tasks in § 2 (1) and (2):

  • Legal supervision of the Austrian Broadcasting Corporation and its subsidiaries
  • Legal supervision of private radio broadcasters according to the Privatradiogesetz (PrR-G) as well as private broadcasters and other audiovisual media service providers under the Audiovisual Media Services Act (AMD-G)
  • Allocation and approval procedures under PrR-G and AMD-G
  • Method for sharing transmitters according to § 8 ORF-G
  • Advertising monitoring (ongoing random sample monitoring) at all broadcasters and media service providers in Austria for compliance with legal requirements
  • Preparation, introduction and further development of digital broadcasting according to the 6th section of the AMD-G
  • Granting of licenses for the operation of the technical equipment required for broadcasting
  • Frequency management for the area of broadcast frequencies according to the TKG 2003
  • Regulation of the communication infrastructure for broadcasting according to § 120 TKG 2003
  • Granting of subsidies according to the Press and the Publishing Act
  • Carrying out tasks according to the Media Co-operation and Promotion Transparency Act
  • Carrying out tasks in the area of the Television Exclusive Rights Act (FERG)

Organization

The authority is based on a specially created constitutional basis (Article 20 para. 2 no. 5 B-VG). Organizationally, it is subordinate to the Federal Chancellery as a department. The five members are appointed by the President on the proposal of the Federal Government in agreement with the Main Committee of the National Council appointed for a term of six years. The members must be lawyers and have at least five years' legal professional experience. There are significant incompatibility provisions with regard to ensuring the independence of the members, for example in relation to (also prior to the order) activities in political functions, interest groups or in media companies.[4]

Complaints to the KommAustria may be appealed to the Federal Administrative Court.

KommAustria decides in senate (consisting of three members) or as individual members, whereby the "more significant" decisions (eg program complaints against the ORF, license withdrawal proceedings, legal supervision proceedings, etc.) are reserved for the senate. KommAustria acts on its own initiative as well as on request or on the basis of complaints from certain persons (competitors, injured parties or "popular complaint" with sufficient explanations of support).[5][6]

Members

As of: March 22, 2019

  • Michael Ogris - Chairman
  • Susanne Lackner - Vice-Chairperson
  • Martina Hohensinn
  • Thomas Petz
  • Katharina Urbanek

Telecom Control Commission (TKK) and Post-Control Commission (PCK)

The Telekom Control Commission (TKK) was founded in 1997 as a regulatory authority for the telecom market. Today it is a collegial authority with judicial influence and, according to Art. 20 para. 2 no. 4 B-VG, free from instructions. The Commission consists of three standing members and three substitute members, appointed by the Federal Government for a five-year term.[7]

The tasks of the Telekom Control Commission are laid down in the Telecommunications Act of 2003. These include, inter alia, the regulation of competition, the frequency allocation procedure and the review or approval of terms and conditions and charges of telecommunications companies. From 2008, regulatory tasks in the field of postal services were added. For this purpose, the TKK was initially expanded to include a senate for postal matters. The new Postal Market Act of 4 December 2009 (Federal Law Gazette I No. 123/2009) then created the Post-Control Commission (PCK). For complaints about harassing phone calls, the authority maintains a registration form on the internet.[8]

The TKK and the PCK rank equally next to KommAustria. Unlike in other EU Member States, such as in the UK with the OFCOM or in Italy with the AGCOM , there is therefore no "single" regulatory authority in the media and telecommunications sector in Austria.[9]

In the Department of Telecommunications and Post RTR acts as the office of the TKK and the PCK.

Broadcasting and Telecom Regulatory GmbH (RTR-GmbH)

The RTR GmbH is the office of KommAustria and the TKK as well as the PCK. It is fully instructions-bound to the authorities in these areas. For individual enforcement tasks of the Telecommunications Act (TKG 2003) the RTR-GmbH is itself authority; The funding administration in the media department is handled independently. RTR employs around 100 people. Accordingly, the RTR-GmbH is divided into two departments, the Department of Media and the Department of Telecommunications and Post . Each department is headed by a managing director. The activities of RTR-GmbH are carried out by certified public accountants. The nine-member Supervisory Board consists of representatives of the two authorities, the Federal Chancellery and the Federal Ministry of Transport, Innovation and Technology as well as the workforce.[10][11]

References
  1. Uhr, 13 44; Juni 2019, 14 (2019-06-14). "Prüfer für Super-Behörde: Rechnungshof nimmt die Regulierungsbehörden auseinander". www.kleinezeitung.at (in German). Retrieved 2019-06-24.CS1 maint: numeric names: authors list (link)
  2. Uhr, 11 32; Jänner 2019, 11 (2019-01-11). "Regierungsklausur: Ab März wichtigste Amtswege am Handy". www.kleinezeitung.at (in German). Retrieved 2019-06-24.CS1 maint: numeric names: authors list (link)
  3. Dodel, Hans; Wörfel, René (2012-10-23). Satellitenfrequenzkoordinierung: Regelungen - Linkdesign - Systemtechnik (in German). Springer-Verlag. ISBN 9783642292033.
  4. "Frequenzauktion: Österreich startet Aufbau von 5G-Netz - Golem.de". www.golem.de (in German). Retrieved 2019-06-24.
  5. red, ORF at/Agenturen (2019-06-14). "Rechnungshof empfiehlt Superregulierungsbehörde". news.ORF.at (in German). Retrieved 2019-06-24.
  6. Inc, IBP (2016-04-14). Austria Business and Investment Opportunities Yearbook Volume 1 Strategic, Practical Information and Opportunities. Lulu.com. ISBN 9781438776187.
  7. "3 Austria completes Orange Austria acquisition". www.telecompaper.com. Retrieved 2019-06-24.
  8. "Regulator objects to A1 Telekom Austria's zero-rating service". Broadband TV News. 2017-12-20. Retrieved 2019-06-24.
  9. Salant, David J. (2014-12-19). A Primer on Auction Design, Management, and Strategy. MIT Press. ISBN 9780262028264.
  10. Seabright, Paul; Hagen, Jürgen von (2007-04-26). The Economic Regulation of Broadcasting Markets: Evolving Technology and Challenges for Policy. Cambridge University Press. ISBN 9781139464932.
  11. OECD Journal on Budgeting. Organisation for Economic Co-operation and Development. 2002.
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