Telecommunications Markets Ordinance 2003 ("TKMVO 2003") and Explanatory remarks
From Oct. 17, 2003 the Telecommunications Markets Ordinance 2003 - TKMVO 2003 (including explanatory remarks) enters into force according to Para. 135 sect. 2 of the Telecommunications Act (Telecom Act 2003), Federal Law Gazette 70/2003. The Ordinance is available for public inspection on the RTR premises from Monday thru Thursday from 8:00 a.m. to 5:00 p.m. and Friday from 8:00 a.m. to 2:00 p.m.
Para 135 sect. 3 of the Telecom Act 2003 stipulates that informations which have to be published by the national regulation authority according to the provisions of the TRelecom Act 2003 have to be published on its website. Therefor, the TKMVO 2003 is made available for download on this site.
By issuing the TKMVO 2003 2008, the regulatory authority fulfils its obligation under Art. 36 Par. 1 TKG 2003 to define the relevant markets susceptible to sector-specific regulation according to national circumstances and in line with the principles of general competition law, taking into account the requirements of sector-specific regulation.
The TKMVO 2003 concerns all relevant Austrian telecommunications markets susceptioble for ex ante regulation, the total Austrian territory being considered as the relevant geographic dimension.
With regard to the Wholesale Broadband Access Market (Market No. 12 of the Recommendation) as mentioned in the Recommendation of the European Commission (OJ L 114/45 as of May 8, 2003) RTR considers to launch an inquiry to determine the geographic dimension.
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 Telecommunications Markets Ordinance 2008 (TKMV 2008) and the accompanying explanatory remarks can be downloaded below.
By issuing the TKMV 2008, the regulatory authority fulfilled its obligation under Art. 36 Par. 1 TKG 2003 to define the relevant markets susceptible to sector-specific regulation according to national circumstances and in line with the principles of general competition law, taking into account the requirements of sector-specific regulation.
With the exception of the wholesale market for "Terminating segments of leased lines with high bandwidths over 2.048 Mbit/s up to and including 155.52 Mbit/s" pursuant to Art. 1 No. 8 TKMV 2008, the ordinance and the accompanying explanatory remarks refer to all telecommunications markets susceptible to ex ante regulation, and the relevant geographical area for those markets is the entire federal territory of Austria.