On 15 June 2009 the Telekom-Control-Commission (TKK) issued four decisions regarding analyses of the mobile termination markets of mobilkom austria AG (mobilkom), T-Mobile Austria GmbH (T-Mobile), Orange Austria Telecommunication GmbH (Orange) as well as of Hutchison 3G Austria GmbH (Hutchison). These decisions stat that each one of the aforementioned mobile network operators has significant market power in terms of §§ 35, 37 TKG (Telecommunications Act) 2003. As a reaction to the problems existing on the individual mobile termination markets in the absence of regulation, TKK imposed on the mobile communications operators specific obligations of non-discrimination (in a number of different forms), regarding termination, publication of a reference offer of mobile termination services, as well as an obligation to operate on a cost-oriented basis. With a view to implementing the cost-orientation obligation, specific rates for mobile termination services have been fixed for the four mobile network operators (fees in eurocents).
As of service of the respective decisions until 30 June 2009|4,50 From 01 Jul 2009 through 31 Dec 2009|4,00 From 01 Jan 2010 through 30 Jun 2010|3,50 From 01 Jul 2010 through 31 Dec 2010 |3,01 From 01 Jan 2011 through 31 May 2011|2,51 From 01 June 2011 until implementation of a new proceeding pursuant to § 37 TKG 2003 (and, accordingly, a possible subsequent regulation, if applicable) concerning the respective market for termination into an individual public mobile telephone network|2,01