Lines of command

1.) KommAustria

In the performance of their duties, the members of KommAustria are independent and not bound by instructions from any other authority.

Austria’s Federal Chancellor does not have the power to issue instructions to KommAustria. However, the Federal Chancellor is authorized to gather and request relevant information on all matters handled by KommAustria.

Appeals against KommAustria 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).  

2.) Telekom-Control-Commission / Post-Control-Commission

The Telekom-Control-Commission (TKK) and Post-Control-Commission (PCK) are independent panel authorities, each chaired by an appointed judge.

The Austrian Federal Minister of Transport, Innovation and Technology does not have the power to issue instructions to the TKK or PCK. However, the Federal Minister is authorized to gather and request relevant information on all matters handled by these two authorities.

Appeals against TKK and 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).    

3.) RTR

The Austrian federal government owns 100 percent of the shares in RTR, which are administered by the Federal Chancellery and the Federal Ministry of Transport, Innovation and Technology.

Appeals against RTR-GmbH decisions can be also 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).

a) Media Division

In carrying out its activities for KommAustria, RTR is bound only by assignments and instructions issued by the chairperson and other members of KommAustria.

In addition, KommAustria’s chairperson is responsible for the supervision of specialist and directly related matters in connection with RTR’s activities in the field of audio media, electronic audiovisual media, and KommAustria’s administration of grants.

The Federal Chancellor is responsible for supervising RTR’s independent performance of duties in the Media Division.

In matters subject to supervision by the Federal Chancellor, the chairperson of KommAustria and the Federal Chancellor have the power to issue instructions to RTR. Instructions must be issued in writing and justified accordingly.

b) Telecommunications and Postal Services Division

In its activities for the Telekom-Control-Commission and the Post-Control-Commission, RTR is bound only by assignments and specialist instructions from the chairperson of the Telekom-Control-Commission or Post-Control-Commission, or from another member designated in the respective authority’s rules of procedure.

Where specialist or directly related organizational matters in the field of telecommunications or postal service regulation are concerned, the Austrian Federal Minister of Transport, Innovation and Technology is responsible for supervising RTR’s activities. In performing those supervisory duties, the Federal Minister may issue justified decisions, which must be in written form and published appropriately.