The Telekom-Control Commission - an independent authority

The tasks of the Telekom-Control-Commission are specified in the Telecommunications Act 2003. The Commission relies for its decisions on the expertise of Rundfunk und Telekom Regulierungs-GmbH which handles all administrative matters on behalf of the Telekom-Control-Commission. Its members are not bound by any directives and can act independently. The presiding member
is a judge, and there is no regular legal recourse against its decisions possible, although it is possible to file an appeal with the Administrative respectively the Constitutional High Court.

These High courts can invalidate a decision but cannot make a decision in substance
in place of the Telekom-Control Commission. In this sense the
Telekom-Conrol Commission is equivalent to a normal court of law.

Tasks of the Telekom-Control-Commission Pursuant to § 117 Telecommunications Act 2003, the following tasks are assigned to the Telekom-Control-Commission:

1. to order shared use in case of a dispute pursuant to § 9 (2);
2. to give rulings in cases pursuant to § 18 (3);
3. to execute the right to object pursuant to § 25;
4. to determine the financial compensation to be paid from the Universal Service Fund pursuant to § 31;
5. to determine the contribution to be paid into the Universal Service Fund pursuant to § 32;
6. to determine a company or companies as having significant market power on the respective relevant market and to impose specific obligations pursuant to § 37;
7. to decide in cases pursuant to §§ 23 (2), 38, 41, 44 (1 and 2), 46 (2), 47, 48 and 49 (3);
8. to approve general terms and conditions as well as tariffs and to execute the right to object pursuant to §§ 26 and 45;
9. to allocate frequencies, pursuant to § 54 (3) item 2, for which provision is made in the frequency usage plan pursuant to § 52 (3);
10. to decide on the permission to use frequencies pursuant to § 56;
11. to change and revoke the allocated frequencies pursuant to § 57 and § 60, respectively;
12. to decide on the right to provide communications networks or services pursuant to § 91 (3);
13. to decide about injunctions pursuant to § 91 (4);
14. to establish infringements and request the skimming off of excessive profits pursuant to § 111;
15. to make a request to the Cartel Court pursuant to § 127.

More information regarding the organisation of the TKK as well as the mebers of the TKK can be obtained in the section "About us".