In an e-mail dated August 14, 2008, mobilkom austria AG submitted descriptions of its "A1 Over IP" service in compliance with Art. 25 of the Telecommunications Act (TKG) 2003. These service descriptions indicated that the availability of value-added services without price regulations would not be ensured until March 31, 2009. After receiving a request for comments with an indication of a possible objection pursuant to Art. 25 Par. 6 TKG 2003, mobilkom austria AG revised the service descriptions and likewise imposed restrictions on subscribing to the service until March 15, 2009, thus enabling another review by the Telekom-Control Commission. On September 29, 2008, the Telekom-Control Commission raised an objection to the "A1 Over IP" service descriptions due to a violation of Art. 22 TKG 2003 and Art. 4 of the Communications Parameters, Fees and Value-Added Services Ordinance (KEM-V).
In its session on September 29, 2008, the Telekom-Control Commission issued the following decision:
"Under Art. 25 Par. 6 of the Telecommunications Act (TKG) 2003, the Telekom Control Commission raises an objection to the service descriptions initially notified in accordance with Art. 25 Par. 2 TKG 2003 on August 14, 2008, submitted in revised form on September 24, 2008, and attached as an integral part of the ruling in this official decision."