Austrian Administrative Court ruling on MNP decisions: Porting process and charges remain largely unchanged for retail customers

Press release dated 25 February 2005

In its rulings of January 31, 2005 (received by the regulatory authority on February 23, 2005), the Austrian Administrative Court overturned the official decisions regarding mobile number porting (MNP) but agreed with the Telekom-Control Commission on several key issues. Therefore, the legal obligation for operators to enable mobile number porting (MNP) was upheld, and responsibility for regulating MNP remains with the Telekom-Control Commission, for example regarding penalties or sanctions against deterrent charges.

Porting process and charge regulations largely unchanged

The protection of end consumers from deterrent charges (as set forth in the Austrian Telecommunications Act of 2003) remains undisputed. Despite the overruling of the official decisions by the Administrative Court, the Telekom-Control Commission can carry out legal supervision procedures for this purpose at any time and enforce "non-deterrent" charges in the interest of the end consumer. The Administrative Court did not object to the porting process for end consumers ("one-stop shopping") or between operators.

Administrative Court calls for definition of charges between operators

The Telekom-Control Commission (TKK) now has to carry out a substitute procedure in order to remove the provisions deemed unlawful by the Administrative Court from its official decisions.. This includes the fact that charges between operators are not defined. As a consequence, it will be necessary to draw up an expert opinion on the calculation of MNP costs between operators. In its session on February 28, 2005, the TKK will deliberate on the best way to proceed.