Post-Control-Kommission

The Telekom-Control-Kommission was established as a panel authority with the powers of a court within RTR pursuant to Art. 116 TKG 2003. RTR is responsible for managing operations for the TKK. In their activities on behalf of the TKK, RTR's staff is bound by the instructions of the TKK chairperson or the member designated in the rules of procedure.

As of January 1, 2008, a second committee was set up within the TKK under Art. 25a of the Postal Services Act (PostG) 1997 for the purpose of postal service regulation; in lieu of the Commission member with relevant technical expertise (Art. 118 Par. 1 TKG 2003), a member with expertise in postal services must belong to this committee. Under the transitional provision in Art. 58 of the Postal Market Act (PMG), this committee has been known als the "Post-Control-Kommission" (PCK) since the Postal Market Act was announced on December 4, 2009.

Under Art. 20 Par. 2 of the Federal Constitutional Act (B-VG), the members of the PCK are not bound by any instructions in the performance of their official duties. Their decisions are based directly on the law and can not be amended or overturned by way of administrative procedures. However, it is possible to file complaints with the Austrian Constitutional Court or Administrative Court, which may overturn PCK decisions but may not issue rulings on the cases themselves. The PCK constitutes a court in material terms.

The duties of the Post-Control-Kommission are defined in Art. 25a Par. 5 of the PostG 1997and in the tansitional provisions set forth in Art. 59 PMG, which assigns the following duties to the PCK:

1. Approving terms and conditions as well as fees under Articles 9 and 10;

2. Reviewing fees not subject to regulatory approval requirements under Art. 4 and 10a;

3. Taking supervisory measures pursuant to Art. 27 and measures pursuant to Art. 10a;

4. Prohibiting the closure of post offices pursuant to Art. 7 Par. 6 PMG;

5. Taking supervisory measures pursuant to Art. 59 Par. 4 PMG.

For more information on the organization and members of the PCK, please refer to the section About RTR.