On January 23, 2008, mobilkom austria AG notified the regulatory authority that subscribers who wish to have their numbers ported when switching to another network operator would be charged a porting fee in the amount of EUR 25.00 (plus EUR 4.00 for the Number Porting Ordinance confirmation and information). In response to this notification, the Telekom-Control Commission initiated a supervisory procedure and review whether the amount of the porting fee set by mobilkom is "deterrent" pursuant to Art. 23 Par. 2 Austrian Telecommunications Act (TKG) 2003.
With particular attention to the nature of the porting fee, the average monthly base fees, the results of the demand-side survey, the significance of one-off fees, and the porting fees charged by competitors, the Telekom-Control Commission made the following unanimous decision on March 17, 2008:
"Pursuant to Art. 91 Par. 2 in conjunction with Art. 117 No. 7 and Art. 23 Par. 2 of the Austrian Telecommunications Act 2003 (TKG 2003, Federal Law Gazette I No. 70/2003 as amended by 133/2005), mobilkom austria AG is prohibited from charging subscribers who wish to have their numbers ported when switching telephone service providers pursuant to Art. 23 Par. 1 TKG 2003 a "deterrent" fee which exceeds a total amount of EUR 19.00 including value-added tax and including the amount of EUR 4.00 for the Number Porting Ordinance confirmation and information pursuant to Art. 3 Par. 2 Number Porting Ordinance (NÜV; Federal Law Gazette II No. 512/2003)."