Communications Authority Austria
Communications Authority Austria
The Communications Authority Austria (KommAustria) is Austria’s independent media supervisory authority, and it makes decisions independently according to the KommAustria Act (KOG). In doing so, it grants licenses for radio and television broadcasters, while simultaneously monitoring content and advertising regulations. In the event of violations, the authority can impose appropriate sanctions, thereby ensuring compliance with legal requirements. It is supported by RTR-GmbH, which prepares procedures and receives notifications.
KommAustria is the central regulatory authority for broadcasting and audiovisual media according to the KOG; it makes the decisions, while RTR-GmbH handles the execution.
KommAustria’s Responsibilities
KommAustria receives applications and notifications and decides on broadcasting licenses, while simultaneously monitoring compliance with all media law requirements. It can not only identify unlawful situations but also issue cessation orders, impose administrative penalties, and even revoke licenses in particularly serious cases. Furthermore, other key tasks within its scope of activity include:
- Supervision of platforms according to the Communications Platforms Act and Digital Services Act
- Allocation and coordination of broadcasting-related frequencies and capacities
- Supervision of ORF offerings and review of new programs
- Monitoring of advertising, sponsoring, and youth protection
- Control over on-demand audiovisual media services (streaming/media libraries)
- Enforcement of transparency and reporting obligations (e.g., media transparency, platform reports)
Role of RTR-GmbH
The Rundfunk und Telekom Regulierungs-GmbH (RTR-GmbH) is the administrative office of KommAustria, and it supports the authority in all organizational matters. It comprehensively prepares procedures, while simultaneously receiving notifications, maintaining registers, and finally publishing decisions.
Important: Legally binding decisions are made exclusively by KommAustria itself. For companies, this means: Correspondence often goes through RTR-GmbH, but the official decision is always issued by KommAustria.
Select Your Preferred Appointment Now:Free initial consultationTypical Procedures
Companies active in the media or platform sector interact with KommAustria in various constellations. Depending on the activity, different procedures arise, ranging from simple notifications to complex licensing and supervisory procedures:
- Licensing Procedures: Private radio or television broadcasters require a license from KommAustria before commencing operations.
- Notification Procedures: On-demand audiovisual media services must be notified to RTR at least two weeks before launch.
- Supervisory Procedures: Complaints or official inspections can lead to declaratory decisions; in case of violations, cessation orders or penalties follow.
- Technical Procedures: Allocation of frequencies and approval of broadcasting-related transmission facilities.
- Platform Supervision: Control over social media and video platforms within the framework of national and European regulations.
Peter HarlanderHarlander & Partner Rechtsanwälte „Verfahren vor der KommAustria sind oft komplex, weil rechtliche, technische und wirtschaftliche Fragen ineinandergreifen. Eine klare Strategie ist daher entscheidend.“
Frequent Areas of Conflict
In practice, media companies and platform operators frequently come into conflict with KommAustria. Typical problem areas include:
- Advertising Regulations: Overly long advertising blocks or insufficiently marked product placements.
- Youth Protection: Programs with violent or erotic content at the wrong time.
- Reporting Obligations: Missing or delayed notification of streaming or on-demand services.
- Frequencies: Disputes over the allocation of radio frequencies or the technical range of transmitters.
- ORF Online Offerings: Discussions about which offerings comply with the legal mandate and which could unduly affect the private media market.
- Platform Supervision: Large online platforms must promptly review and remove reported content (e.g., hate speech) – KommAustria monitors whether these rules are adhered to.
Procedure Flow
A procedure usually begins with a notification, an application, or a complaint. RTR reviews the documents and prepares the case. KommAustria decides by official ruling whether a license is granted, a violation is determined, or a sanction is imposed. An appeal against any official ruling can be lodged with the Federal Administrative Court within four weeks.
Your Benefits with Legal Assistance
KommAustria’s decisions can have far-reaching and profound consequences for companies, as they can range from program or advertising restrictions and substantial fines to complete license revocation. Furthermore, reputational damage resulting from the mandatory publication of such decisions should by no means be underestimated.
Sebastian RiedlmairHarlander & Partner Attorneys „Viele Unternehmen unterschätzen die Tragweite von Aufsichtsentscheidungen – schon kleine Verstöße können zu hohen Strafen oder Lizenzproblemen führen.“
A specialized law firm like ours offers security:
- we check whether your activity actually falls under media law requirements
- accompany you through the entire procedure, from notification to the highest court
- ensure legally compliant design and implementation of all steps
- support you in enforcing or defending claims
- safeguard your rights vis-à-vis authorities, competitors, and the public
