• Field
    TKK
  • Date
    17.03.2008
  • Category
    Rechtsaufsicht
  • Parties
    mobilkom austria AG
  • GZ
    R 2/08

R 2/08 - mobilkom austria AG

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)."

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