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Áustria 1

Unofficial translation

32. Federal Act issuing the Federal Act on the establishment of an "Austrian

Communications Authority" ("KommAustria") and a Federal Communications Board as

well as amending the Cable and Satellite Broadcasting Act, the Broadcasting Act, the

Television Signal Act, the Telecommunications Act, the Access Control Act, the

Signature Act and the 2001 Federal Finance Act

The National Assembly has resolved

Article I

Federal Act on the establishment of an Austrian Communications Authority ("KommAustria") and a

Federal Communications Board (KommAustria Act – KOG)

Part 1

Austrian Communications Authority and Federal Communications Board

Section 1

(1) In order to administer matters pertaining to the regulation of broadcasting, the Austrian

Communications Authority shall be set up.

(2) In order to control the administration of matters pertaining to the regulation of broadcasting and to

supervise the Austrian Broadcasting Corporation, the Federal Communications Board shall be set up.

Tasks and objectives of KommAustria

Section 2

(1) Administration within the meaning of Section 1 para. 1 comprises the tasks assigned to KommAustria

by special federal regulations, in particular:

1. to issue broadcasting licences,

2. to issue licences for operating the technical equipment required for broadcasting,

3. to supervise private broadcasters.

(2) The activities of KommAustria are to achieve the following objectives:

1. to promote the market access of new providers;

2. to ensure diversity of opinion and promote the quality of broadcasting programmes, including the

technical requirements for their dissemination;

3. to develop technical and economic schemes for a dual broadcasting market in Austria;

4. to ensure the observance of European minimum standards by providers of contents, in

particularly for the benefit of the protection of children, young persons and consumers;

5. to optimise the use of the frequency spectrum for broadcasting;

6. to provide expert knowledge in the field of the convergence of audio-visual media and

telecommunication as well as to promote the development of markets in the audio-visual and

telecommunications sectors;

7. to create and maintain a modern and high-quality communications infrastructure for promoting

locational quality at a high level.

Organization of KommAustria

Section 3

(1) KommAustria shall consist of one Director and the requisite number of staff.

(2) The appointment of the Director and the Deputy Director shall be preceded by a public invitation to

apply for the position in accordance with Section 3 of the Public Tender Act of 1989.

(3) KommAustria is an authority directly subordinate to the Federal Chancellor. As regards its external

business practices, it is an independent authority. All communications by the authority shall be

designated "Kommunikationsbehoerde Austria (KommAustria)".

(4) The seat of KommAustria shall be Vienna.

The Broadcasting Advisory Council

Section 4

(1) For counselling KommAustria, an Advisory Council shall be set up which must be given an opportunity

to render its opinion before the granting of licenses.