The Telekom-Control-Kommission was established at RTR as a panel authority with the powers of a court 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 members are bound by the instructions of the TKK's chairperson or the TKK member designated in the authority's rules of procedure.
Under Art. 20 Par. 2 of the Federal Constitutional Act (B-VG), the members of the TKK 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 TKK is a court in material terms.
The authority's duties are defined in Art. 117 of the Telecommunications Act (TKG) 2003, under which RTR is required to do the following:
1. to issue decisions in procedures pursuant to Articles 6, 7, 9, 11, 12a and 13,
1a. to issue decisions on security reviews pursuant to Art. 16a Par. 4;
2. to issue decisions in procedures under Art. 18 Par. 3;
2a. to issue decisions in procedures pursuant to Art. 22;
2b. to issue decisions in procedures pursuant to Art. 24a;
3. to exercise the right to raise objections under Art. 25;
4. to calculate the financial compensation to be paid from the Universal Service Fund under Art. 31;
5. to calculate the contributions to be paid into the Universal Service Fund under Art. 32;
6. to identify the relevant markets subject to sector-specific regulation and to determine whether one or more
undertakings have significant market power or effective competition prevails on those markets, and whether
specific obligations are to be withdrawn, maintained, amended or imposed pursuant to Art. 36 to 37a;
7. to issue decisions in procedures pursuant to Articles 23 Par. 2, 38, 41, 42, 47, 47a, 47b Par. 2, 48 and 49
7a. to issue decisions in procedures pursuant to Art. 50;
8. to issue approvals of general terms and conditions as well as rates/charges and to exercise the right to raise
objections under Articles 26 and 45;
9. to assign frequencies under Art. 54 Par. 3 No. 2 for which a provision is made in the frequency usage plan
under Art. 52 Par. 3;
10. to issue decisions on the transfer of frequencies under Art. 56;
11. to handle changes in frequency licences under Art. 57 and revocations under Art. 60;
12. to issue decisions on the right to operate communications networks or provide communications services
under Art. 91 Par. 3;
13. to issue decisions regarding injunctions under Art. 91 Par. 4;13a. to issue decisions in procedures pursuant
to Art. 91a;
14. to identify infringements and the skimming of excessive gains under Art. 111;
15. to submit petitions to the Cartel Court pursuant to Art. 127;
16. to issue decisions pursuant to Art. 130 Par. 1.
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 TKK 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 Telekom-Control-Commission (TKK) 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 TKK. However, the Federal Minister is authorized to gather and request relevant information on all matters handled by this authority.
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).