Frequencies

This page provides general information on the topic of frequencies. For more detailed information on specific frequency bands, please refer to the section on frequency allocation.

• What are unlicensed frequencies?

In general, frequencies can not be used until they have been allocated by the telecommunications authority or the regulatory authority. In certain ranges, however, it is not necessary to allocate frequencies, as they can be used by anyone (e.g., WLAN frequencies in the 2.4 GHz and 5 GHz bands). In this context, however, the relevant terms of use must be observed. At the same time, those frequency bands do not provide protection against interference, which may arise even in cases where competitors adhere to the terms of use.

• What are licensed frequencies?

Licensed frequencies are those which can only be used once they have been allocated by the telecommunications authority or the regulatory authority. In such cases, the frequency licensee receives the exclusive right to use the frequencies and also enjoys enforceable protection mechanisms against interference.

• Who can apply for licensed frequencies?

In general, any communications network operator or service provider can apply for frequency allocations. In cases where the frequencies are allocated by the regulatory authority, however, the applicant is required to demonstrate that it possesses the technical capabilities and fulfills the relevant business-related requirements in order to provide the planned service.

• Who is responsible for allocating frequencies?

In general, the telecommunications authority is responsible for frequency allocations. However, for certain frequency ranges the Federal Minister may issue an ordinance limiting the number of allocations. If such a limit is defined, the regulatory authority (Telekom-Control Commission) is then responsible for allocating the frequencies.

• What are the costs of frequency allocation?

In this context, it is important to draw a distinction between allocations carried out by the telecommunications authority and those carried out by the regulatory authority.

Allocation by the telecommunications authority: In cases where frequencies are allocated by the telecommunications authority, the licensee is required to pay an allocation fee set by an ordinance of the Federal Ministry of Transport, Innovation and Technology.

Where frequencies are allocated by the regulatory authority, the allocation procedure is carried out in the form of an auction. In such cases, the authority sets a minimum bid for the frequencies to be allocated. This minimum bid forms the basis for the auction, which determines the actual amount to be paid for the frequencies.

• How long does frequency allocation take?

Frequency allocation by the regulatory authority: The procedure by which the regulatory authority allocates frequencies is governed by Art. 55 TKG 2003. It is not possible to make precise statements regarding the duration of this procedure, as the Federal Ministry of Transport, Innovation and Technology may have to resolve issues pertaining to coordination at national borders for the relevant frequency bands and it is rather difficult to estimate the duration of that process.

If the frequencies are assigned to the regulatory authority, it can carry out the allocation procedure; under Austrian law, a tender submission period of at least two months is required.

Frequency allocation by the telecommunications authority: In this context, it may also be necessary to coordinate frequencies at national borders prior to the allocation; the duration of such coordination activities is difficult to estimate and varies from case to case. Allocations by the telecommunications authority are not subject to special regulations; the procedure is carried out in accordance with the General Administrative Procedures Act (AVG).

• Are there any recurring fees for frequency use?

In addition to the fees incurred upon the allocation of frequencies, the licensee is also required to pay ongoing fees (spectrum fees). These fees are prescribed by the telecommunications authority (TKGV).