On September 21, 2009, the Telekom-Control Commission determined that mobilkom austria AG has been in violation of the Roaming Regulation since July 1, 2009, by charging a connection fee for 30 seconds in addition to per second billing from the first second onward for regulated outgoing roaming calls. The Telekom-Control Commission decided that mobilkom austria AG must put an end to this billing practice and ensure that its eurotariff is charged to all customers for regulated outgoing roaming calls with an initial minimum charging period of no more than 30 seconds followed by per second billing (30/1 billing). mobilkom austria AG was also instructed to remedy its violation of the Roaming Regulation in such a way that the company's roaming customers are charged as if the eurotariff had been implemented in line with the Regulation from July 1, 2009 onward, that is, without the connection fee.
In the regulatory authority's opinion, in its billing of the eurotariff to roaming customers, mobilkom austria AG has violated the provision set forth in Art. 4 (2) Roaming Regulation since July 1, 2009; the provision cited allows an initial minimum charging period of no more than 30 seconds followed by billing on a per second basis under the eurotariff charged for regulated outgoing roaming calls.