2nd TKMV 2008 amendment and explanatory remarks

The second amendment to RTR's Telecommunications Markets Ordinance 2008 (TKMV 2008) will go into effect on February 1, 2010.

With this amendment, the "Wholesale market for the provision of broadband access for non-residential customers" is defined as susceptible to sector-specific regulation pursuant to Art. 36 Par. 1 TKG 2003.

In accordance with Art. 135 Par. 2 (Case 1) TKG 2003, the second TKMV 2008 amendment was announced by making it available for public inspection from December 22, 2009 onward. The ordinance and the accompanying explanatory remarks are available for inspection at the premises of RTR, Mariahilfer Strasse 77–79, A-1060 Vienna, from Monday to Thursday, 8:00 am to 5:00 pm, and Friday from 8:00 am to 2:00 pm.

In accordance with Art. 135 Par. 2 (Case 2) TKG 2003, the essential points of the amendment to the TKMV 2008 will also be published in the Official Gazette of the Wiener Zeitung.

Moreover, the ordinance will be published in accordance with Art. 2 of the Ordinance of the Federal Chancellor on the Announcement of RTR Ordinances in Federal Law Gazette II.

Under Art. 135 Par. 3 of the Austrian Telecommunications Act (TKG) 2003, information which the regulatory authority is required to publish under the provisions of the TKG 2003 must also be made available on the regulatory authority's web site in any case. Therefore, the TKMV 2008 amendment and the accompanying explanatory remarks can be downloaded below.

On the basis of the prior coordination procedure pursuant to Art. 129 TKG 2003, minor changes were made in the product market definition. Therefore, an updated version of the explanatory remarks (in German) is also available as a download for information purposes.