Editor’s note: This practice note was prepared with the assistance of the Rundfunk und Telekom Regulierungs-GmbH (RTR).
In October 2005, the Austrian telecommunications regulator, the Rundfunk und Telekom Regulierungs-GmbH (RTR) published guidelines for VoIP service providers. The guidelines clarify the status of VoIP services under the existing legal framework, by providing a classification of these services.
The guidelines follow public consultation on a RTR position paper on VoIP, which was released in April 2005.
Service Classification under the Austrian Telecommunications Act 2003
The Austrian Telecommunications Act 2003 (the Act) regulates ICT services based upon the following service definitions:
Electronic Communication Services. An Electronic Communication Service is a service that consists wholly or mainly in the conveyance of signals on an electronic communications network, and
Publicly Available Telephone Services. Publicly Available Telephone Services are a special kind of Electronic Communication Service.
The RTR's guidelines for VoIP service providers primarily target communication service providers and network operators. The RTR classifies publicly provided VoIP services into two main groups:
Class A VoIP services. These are VoIP services that enable access to the public switched telephone network (PSTN) by means of an IP gateway, and
Class B VoIP services. These are "Internet-only“ VoIP services.
Class A VoIP Services
The RTR classifies Class A VoIP services as Publicly Available Telephone Services, and regulates them accordingly.
For example, a VoIP provider that buys a Publicly Available Telephone Service on the wholesale market (such as a wholesale termination product) and resells this service to its own end customers by means of an IP gateway will itself be regulated as a provider of a Publicly Available Telephone Service.
Figure 1: Example of a Class A VoIP Service
Class B VoIP Services
Class B VoIP services are VoIP services that only provide voice communication between Internet subscribers. Class B services do not access the PSTN, and therefore are not considered to be Publicly Available Telephone Services. Accordingly, Class B VoIP services are unregulated under the 2003 Act.
Figure 2: Example of a Class B VoIP Service
Numbering
The guidelines also focus on the telephone numbers available for VoIP services. Under changes to the numbering regime that came into effect in 2004:
The number ranges (0)720 and (0)780 are available for innovative services such as VoIP,
VoIP service providers can obtain geographical numbers if the service meets specific conditions for use (that is provision of a specific network termination point at a fixed location).
Emergency Call Services via VoIP
Access to emergency services is mandatory for all providers of public telephone services. Accordingly, Class A VoIP services must provide emergency call services.
For more information, visit the RTR website.