TKK decision: Silver Server may use Austrian Railways' infrastructure for communications services

Press release dated 20 November 2009

On November 20, 2009, the Telekom-Control Commission (TKK) for the first time approved the shared use of empty conduit on the basis of easements of way in accordance with the provisions of the Telecommunications Act 2003 (TKG 2003), which were amended in the summer of 2009.

With its decision, which will go into effect immediately, the Telekom-Control Commission has decided on and published the first detailed regulations pertaining to the shared use of other organizations' infrastructure. For example, the specific regulations govern the rights and obligations of the parties to shared use orders, the fundamental arrangements for access to other organizations' infrastructure, the systems' maintenance, termination privileges and the appropriate fee for shared use in specific cases (in this case EUR 0.64 per running meter per month for empty conduit along a street of houses in Vienna).  

The amendment to the TKG in 2009 expanded the scope of parties obligated to allow shared use, meaning that companies operationg outside the telecommunications industry may also be obligated to allow shared use of their infrastructure under certain circumstances if such use is required for the expansion of broadband networks. At the same time, the relevant procedural provisions were also amended. In particular, the period within which the Telekom-Control Commission is required to decide on requests for shared use was shortened from four months to six weeks.

The decision of the Telekom-Control Commission can be accessed below (only in German).