Rundfunk und Telekom Regulierungs-GmbH
Rundfunk Und Telekom Regulierungs-GmbH
The Rundfunk und Telekom Regulierungs-GmbH (RTR-GmbH) is the central service and regulatory institution in Austria for media, telecommunications and postal services. It is 100% owned by the federal government and acts as the executive office of the Kommunikationsbehörde Austria (KommAustria), the Telekom-Control-Kommission (TKK) and the Post-Control-Kommission (PCK). In addition to this organizational role, the RTR also performs independent tasks, such as the administration of telephone numbers, the handling of arbitration proceedings and the awarding of media funding.
The RTR-GmbH supports regulation in broadcasting, telecommunications and postal services, while at the same time strengthening consumer rights.
Organisation and Mode of Operation
The company is divided into two specialist areas: Media and Telecommunications and Postal Services. Each area is managed by its own management. Around 200 employees provide the administrative and technical services. A supervisory board ensures control, while the regulatory decision-makers KommAustria, TKK and PCK act independently and are not subject to instructions.
Tasks in the Media and Broadcasting Sector
In the media sector, the RTR works closely with KommAustria. It supports licensing procedures, monitors compliance with program, advertising and youth protection regulations, and exercises legal supervision over the ORF and private broadcasters. A particular focus is on media funding. The RTR manages significant funds, including:
- the Fernsehfonds Austria for high-quality TV productions,
- the Privatrundfunkfonds for the promotion of private broadcasters,
- the Fonds für nicht-kommerziellen Rundfunk,
- and the Digitalisierungsfonds, which supports innovative projects in the media sector.
As a result, the RTR has a direct influence on the diversity of the Austrian media landscape.
Tasks in the Telecommunications Sector
In the telecommunications sector, the RTR supports the Telekom-Control-Kommission (TKK). This monitors fair competition and the functionality of the market. In practice, this means:
- Implementation of market analyses and regulation of companies with a dominant market position,
- Allocation of frequencies to mobile network operators,
- Administration of national telephone numbers and portability systems,
- Control of fees and general terms and conditions,
- Ensuring net neutrality and transparency in Internet services.
The RTR not only performs preparatory functions, but also performs sovereign tasks itself, for example in telephone number administration or in the issuing of regulations on technical standards.
Tasks in the Postal Sector
In the postal market, the Post-Control-Kommission (PCK) is the decisive authority. It is not subject to instructions and makes the binding decisions on market supervision, universal service, pricing and GTC control.
The RTR acts here as an executive office by organizing procedures, providing resources and at the same time processing applications or complaints, which are then decided by the PCK. For those affected, this means that although they perceive the RTR as a contact person in daily contact, the formal decisions nevertheless come exclusively from the Post-Control-Kommission.
Consumer Protection and Arbitration
A particularly practical task of the RTR is the free arbitration service. Consumers can contact the RTR if they have problems with Internet, mobile or postal providers. In many cases, a solution can be reached without the need for legal proceedings. This service is supplemented by digital instruments such as the RTR-NetTest, which measures the quality of Internet connections, and the eRTR-Portal, via which companies and citizens can process electronic applications and notifications.
Legal Protection against Measures by the RTR
Companies and private individuals who are affected by a decision of the authorities supported by RTR-GmbH have clear legal remedies available. Within four weeks of service of a decision, an appeal can be lodged with the Federal Administrative Court (BVwG). The following applies:
- There is no mandatory legal representation at this instance, but professional representation is nevertheless recommended.
- Complaints do not have an automatic suspensive effect. An application to suspend enforcement is therefore often necessary.
- Further legal remedies can be taken against judgments of the BVwG. A revision to the Administrative Court or a complaint to the Constitutional Court is possible. In these proceedings, legal representation is mandatory.
Peter HarlanderHarlander & Partner Rechtsanwälte „Die Verfahren der RTR und ihrer Kommissionen sind hochspezialisiert. Wer seine Rechte sichern will, sollte die Rechtsmittelwege genau kennen und frühzeitig anwaltlichen Rat einholen.“
Your Benefits with Legal Assistance
Especially when dealing with a complex regulatory authority such as the RTR, legal expertise is crucial. We offer:
- Review and legal assessment of decisions
- Preparation of well-founded complaints and applications
- Representation before the Federal Administrative Court and the Supreme Courts
- Strategic advice on regulatory obligations and market behavior
- Support in arbitration proceedings for the rapid and practical resolution of conflicts
Sebastian RiedlmairHarlander & Partner Attorneys „Gerade im Bereich Medien und Telekommunikation entscheidet die richtige Strategie über den Erfolg – fachkundige anwaltliche Begleitung ist daher ein wesentlicher Vorteil.“
