The Telekom-Control-Kommission was established as a panel authority with the powers of a court within RTR pursuant to Art. 116 TKG 2003. RTR is responsible for managing operations for the TKK. In their activities on behalf of the TKK, RTR's staff is bound by the instructions of the TKK chairperson or the member designated in the rules of procedure.
As of January 1, 2008, a second committee was set up within the TKK under Art. 25a of the Postal Services Act (PostG) 1997 for the purpose of postal service regulation; in lieu of the Commission member with relevant technical expertise (Art. 118 Par. 1 TKG 2003), a member with expertise in postal services must belong to this committee. Under the transitional provision in Art. 58 of the Postal Market Act (PMG), this committee has been known als the "Post-Control-Kommission" (PCK) since the Postal Market Act was announced on December 4, 2009.
Under Art. 20 Par. 2 of the Federal Constitutional Act (B-VG), the members of the PCK are not bound by any instructions in the performance of their official duties. Appeals against TKK decisions can be submitted to the Federal Administrative Court (BVwG). Further appeals against BVwG decisions may be submitted to the Austrian Administrative Court (VwGH) and the Austrian Constitutional Court (VfGH). The PCK constitutes a court in material terms.
The duties of the Post-Control-Kommission are defined in Art. 25a Par. 5 of the PostG 1997and in the tansitional provisions set forth in Art. 59 PMG, which assigns the following duties to the PCK:
This commission comprises three main members and three alternate members, each of whom is appointed by the Austrian federal government for a term of five years. The PCK is chaired by Nikolaus Schaller, a judge at the Higher Regional Court Vienna.
Term of office from 5.11.2017 until 4.11.2022:
In addition, an alternate member has been appointed for each member of the commission:
The Post-Control-Commission (PCK) is an independent panel authority, chaired by an appointed judge.
The Austrian Federal Minister of Agriculture, Regions and Tourism does not have the power to issue instructions to the PCK. However, the Federal Minister is authorized to gather and request relevant information on all matters handled by this authority.
Appeals against PCK decisions can be submitted to the Federal Administrative Court (BVwG). Further appeals against BVwG decisions may be submitted to the Austrian Administrative Court (VwGH) and the Austrian Constitutional Court (VfGH).