Decision of TKK (20.12.2007)

TKK
20. 12. 2007
Geschäftsbedingungen und Entgelte
mobilkom austria AG
G 148/07

In Decision G 148/07-08, the Telekom-Control Commission raised an objection to the "A1 Total" provisions regarding rates and charges as notified by mobilkom austria AG due to the differentiation of charges for outgoing connections to the 0664 number range and to the 0664/73 number range. In the notified provisions, connections to the 0664/73 number range were classified as connections "to other mobile subscriber lines" and thus subjected to higher charges. The Telekom-Control Commission ruled that differentiating charges on the basis of the two digits following the national destination code is "surprising" according to Art. 864a of the Austrian General Civil Code (ABGB). Moreover, this differentiation is also detrimental to the customer, as connections to 0664/73 numbers are associated with higher charges than connections to "mobilkom A1 mobile lines".

The Telekom-Control Commission ruled that this differentiation of number ranges is surprising and detrimental according to Art. 864a ABGB, and issued the following resolution unanimously on December 20, 2007:

Pursuant to Art. 43 TKG 2003 (Federal Law Gazette I No. 70/2003 in the version of 133/2005) and Art. 37 Par. 2 TKG 2003 in conjunction with Point 2.1 of Decisions M 03/06-64, M 04/06-64 and M 06/06-64 in conjunction with Point 4.1 of said decisions, the Telekom-Control Commission hereby raises an objection to the "A1 Total" provisions regarding rates and charges which were notified by mobilkom austria AG via e-mail on November 15, 2007 and which form an integral part (Annex 1) of this ruling.

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