TKMV 2008 and explanatory remarks

Telecommunications Markets Ordinance 2008 (TKMVO 2008) and explanatory remarks

The Telecommunications Markets Ordinance 2008 (TKMV 2008) went into effect on December 30, 2008 in accordance with Art. 135 Par. 2 of the Austrian Telecommunications Act 2003 (TKG 2003). The Ordinance is available for inspection at the premises of RTR from Monday to Thursday, 8:00 am to 5:00 pm, and Friday from 8:00 am to 2:00 pm; the Ordinance was also published in the Official Gazette of the Wiener Zeitung on December 30, 2008.
In accordance with Art. 1 of the Ordinance of the Federal Chancellor on the Announcement of RTR Ordinances in Federal Law Gazette II, the TKMV 2008 was also published in Federal Law Gazette II on December 30, 2008.
Under Art. 135 Par. 3 of the Austrian Telecommunications Act (TKG) 2003, information which the regulatory authority is required to publish under the provisions of the TKG 2003 must also be made available on the regulatory authority's web site in any case. Therefore, the Telecommunications Markets Ordinance 2008 (TKMV 2008) and the accompanying explanatory remarks can be downloaded below.
By issuing the TKMV 2008, the regulatory authority fulfilled its obligation under Art. 36 Par. 1 TKG 2003 to define the relevant markets susceptible to sector-specific regulation according to national circumstances and in line with the principles of general competition law, taking into account the requirements of sector-specific regulation.
With the exception of the wholesale market for "Terminating segments of leased lines with high bandwidths over 2.048 Mbit/s up to and including 155.52 Mbit/s" pursuant to Art. 1 No. 8 TKMV 2008, the ordinance and the accompanying explanatory remarks refer to all telecommunications markets susceptible to ex ante regulation, and the relevant geographical area for those markets is the entire federal territory of Austria.
RTR plans to initiate a data survey with regard to the market for wholesale broadband access indicated in the Commission Recommendation of 17 December 2007 (OJ L 344/65 of 28 December 2007; Market No. 5 in the Annex to the Recommendation).
Click here for more information on the TKMV 2008 consultation procedure as well as the accompanying texts prepared for this purpose.