The KEM-V 2009 went into effect on July 7, 2009 in accordance with Art. 135 Par. 2 of the Telecommunications Act 2003 (TKG 2003, Federal Law Gazette I No. 70/2003 as last amended) in conjunction with Art. 1 of the Ordinance of the Federal Chancellor on the Announcement of RTR Ordinances in Federal Law Gazette II (Federal Law Gazette II No. 38/2005).
This ordinance is essentially a new version of RTR's 6th Ordinance defining provisions for Communications Parameters, Fees and Value-Added Services, which was promulgated by its availability for inspection at RTR's premises and last amended by the ordinance in Federal Law Gazette II No. 77/2008 (KEM-V). As the entire KEM-V 2009 (including Annexes 1 and 2) was published in the Federal Law Gazette, all of the provisions in the ordinance can now be accessed in electronic form.
- Link to KEM-V 2009 in the Federal Law Gazette (legally binding version, German only)
Due to misprints in the publication of the KEM-V 2009, the documents published in the Federal Law Gazette contain erroneous references in Articles 118 to 125. As a result, the correct paragraph reference was replaced with a "0" in nine references. The errors were remedied in Federal Law Gazette II No. 265/09.
Amendments to the previous KEM-V (Federal Law Gazette II No. 77/2008)
The main changes in the content of the ordinance are as follows:
- Temporary expansion of the exception to the definition of value-added services to include voice services in addition to message services;
- Adaptation of usage periods for the purpose of simplified administration on the part of operators and the regulatory authority;
- Adaptations to the provisions governing value-added services in order to improve the protection of users and to increase transparency;
- Minor adaptations introduced in order to improve the provisions of the ordinance and to make them easier to comprehend.
The adoption of this ordinance was preceded by an extensive discussion process with market participants and other interested parties.
In some cases, the numbering of articles was shifted slightly in the new version of the ordinance. Therefore, in order to ensure clarity, the first pages of the explanatory remarks provide a list which maps article numbers from the old version of the KEM-V to those in the KEM-V 2009. In order to provide an easy-to-read overview of the changes in the new ordinance, the regulatory authority has also made a version of the KEM-V 2009 available in which all essential changes in content are highlighted in comparison to the old KEM-V (KEM-V 2009 vs. KEM-V_01.pdf).