regulatory authority by 31 March of each year. The report must be structured in accordance with the mandates under § 3 to § 5 and the requirements of § 11 and must contain a detailed description of the measures and activities undertaken in conformity with the mandates, especially in comparison with the previous year. The report must also include details on the degrees of coverage achieved which need to be measured according to well-established scientific methods, and must specify the extent to which income was earned from commercial communication. In addition, the type and scope of the commercial activities of the Austrian Broadcasting Corporation and its subsidiaries shall be described in a separate part. The report shall include a description of the application of and compliance with the criteria and procedures set by the quality assurance system (§ 4a) for designing the content of services.

(2) The Federal Chancellor shall submit the report to the National Council and the Federal Council.

(3) Furthermore, the Austrian Broadcasting Corporation shall make the report easily, directly and permanently accessible to the public on its website.

(4) Following their publication (§ 277 and § 280 of the Business Code), the Austrian Broadcasting Corporation shall make the annual financial statements and consolidated annual financial statements easily, directly and permanently accessible to the public on its website until the annual financial statements of the subsequent year are published.

Part 1c

Other activities of the Austrian Broadcasting Corporation

Joint use of transmission facilities

§ 8. (1) Subject to technical possibilities, the Austrian Broadcasting Corporation and its subsidiaries shall permit other broadcasters and terrestrial multiplex operators to jointly use its transmission facilities for a reasonable fee.

(2) Without prejudice to other contractual regulations, the transmission facilities shall be provided on equal conditions and in the same quality which are applied to the broadcasting of channels operated by the Austrian Broadcasting Corporation.

(3) Upon request, the Austrian Broadcasting Corporation (its subsidiary) shall submit an offer for joint use. If an agreement on the fee for joint use or the reasonable fee is not reached within a period of six weeks of receipt of a corresponding request, any party involved may apply to the regulatory authority for a decision. The regulatory authority shall decide within four months of receipt of the application. The decision shall replace any agreement to be made.

Commercial activities

§ 8a. (1) "Commercial activities" within the meaning of this Act are activities included in the business objective but exceeding the public mandate (§ 1 paragraph 2).

(2) Commercial activities shall be separated in organisational and financial terms from activities performed in the framework of the public mandate (§ 39 paragraph 4). No funds from the programme fees (§ 31) may be used for them. They may be carried out for profit.

(3) Commercial activities shall be carried out by subsidiaries or by undertakings associated with the Austrian Broadcasting Corporation (§ 2 paragraph 2) which do not carry out any activities within the scope of the public mandate unless such activities are closely connected to activities within the scope of the public mandate, or the sales generated by such activities are of minor extent only. § 2 paragraph 4 shall apply mutatis mutandis to the contractual cooperation with undertakings.

(4) Commercial communication on the channels operated and the services provided pursuant to § 3 shall be deemed a commercial activity. Paragraph 3 shall apply to commercial communication only in relation to its distribution and marketing.

(5) Earnings from commercial activities in connection with the public mandate shall be taken into account when determining the net costs of the public mandate (§ 31).

(6) Not included in the scope of mandates of the Austrian Broadcasting Corporation or its subsidiaries are

§ 9. (1) In addition to the mandates pursuant to § 3 to § 5, the Austrian Broadcasting Corporation, within its business objective, may also operate, through

(2) Operating such channels shall constitute a commercial activity (§ 8a).

(3) The provisions of § 5 paragraph 2 last sentence, § 10 paragraphs 1, 2, 11 to 14, § 11, § 13, § 14 paragraphs 1, 2 and 5 second and third sentences, paragraphs 8 and 9, § 15 paragraphs 1 and 3 and § 16 and § 17 paragraphs 1 to 3 and 6 shall apply. § 14 paragraph 6 subparagraph 1 shall apply, provided that only announcements of programmes and materials supporting the relevant channel operated pursuant to § 9 are not included in the maximum permissible advertising time for that channel. Advertising on such channels must not exceed 10 per cent of the daily transmission time.

(4) § 10 paragraphs 1, 2 and 11 to 13, § 11, § 12, § 13 paragraphs 1 to 4 first sentence, paragraph 5 second and third sentences, paragraph 7 penultimate and last sentences, and paragraph 8, § 14 paragraphs 1 to 6 and § 15 to § 17 shall apply mutatis mutandis to the operation of such channels.

(5) Special-interest channels may not be offered under the trade marks of "Austrian Broadcasting Corporation", "ORF" or other trade marks created in the scope of fulfilment of the public mandate or capable of being confused with them.

(6) (Note: repealed by Federal Law Gazette I No. 50/2010) Mobile terrestrial television

§ 9a. (1) In addition to the mandates pursuant to § 3 to § 5, the Austrian Broadcasting Corporation, within its business objective, may also operate through

(2) Operating such channels shall constitute a commercial activity (§ 8a).

(3) The provisions of § 5 paragraph 2 last sentence, § 10 paragraphs 1, 2, 11 to 14, § 11, § 13, § 14 paragraphs 1, 2 and 5 second and third sentences, paragraphs 8 and 9, § 15 paragraphs 1 and 3 and § 16 and § 17 paragraphs 1 to 3 and 6 shall apply. § 14 paragraph 6 subparagraph 1 shall apply, provided that only announcements of programmes and materials supporting the relevant channel operated pursuant to § 9a are not included in the maximum permissible advertising time for that channel. Advertising on such channels must not exceed 10 per cent of the daily transmission time.

Commercial online service

     § 9b. To the extent the Austrian Broadcasting Corporation provides an online service as a commercial online service (§ 8a), care shall be taken to permanently designate such service accordingly so that it can be sufficiently distinguished from online services pursuant to § 3 paragraph 5. Any such commercial online service may not be offered under the trade marks of "Austrian Broadcasting Corporation", "ORF" or other trade marks created in the scope of fulfilment of the public mandate or capable of being confused with them. Commercial communication in services pursuant to § 3 paragraph 5 for such commercial online services shall be subject to the provisions of § 18 and § 31c.

Part 2

Programming principles

Principles concerning content

§ 10. (1) All programmes of the Austrian Broadcasting Corporation must respect the human dignity and fundamental rights of others with regard to presentation and content.

(2) The programmes must not incite others to hatred on grounds of race, sex, age, disability, religion and nationality.

(3) The overall service policy shall strive at quality, innovation, integration, equal rights and understanding.

(4) Comprehensive information is to help form free individual and public opinion in the service of the responsible citizen and thus to contribute to the democratic discourse of the general public.

(5) Information shall be comprehensive, independent, impartial and objective. Any newscasts and reports shall be examined carefully as to their truth and origin, and there shall be a clear distinction between newscasts and commentary.

(6) The diversity of opinions held in public life shall appropriately be taken into account, the human dignity, personal rights and privacy of the individual shall be respected.

(7) Commentaries, analyses and presentations shall be objective and based on reconstructible facts.

(8) As a provider of cultural programmes, the Austrian Broadcasting Corporation is to be both reporter and independent producer and, above all, principal, employer and a forum for Austrian creativity and contemporary art.

(9) The Austrian Broadcasting Corporation shall be devoted to the service of science and education.

(10) Entertainment is to take account not only of the diversity of demands but also of the fact that it shapes modes of conduct, self-perception and identity to an extent hardly achieved by any other sector.

(11) The content offered by the Austrian Broadcasting Corporation shall not include any content which might seriously impair the physical, mental or moral development of minors, in particular content that involves pornography or gratuitous violence.

(12) In the case of radio and television programmes which are likely to impair the physical, mental or moral development of minors, the selection of the time of transmission or other measures shall ensure that minors will not normally see or hear such programmes.

(13) The unencoded transmission of programmes under paragraph 12 shall be preceded by an acoustic warning or identified by the presence of a visual symbol throughout the entire duration. The Federal Government may issue regulations governing the detailed design of optic or acoustic identifiers.

(14) Programmes whose content largely aims at minors must not contain appeals to call value-added services.

Promotion of European works

§ 11. (1) The Austrian Broadcasting Corporation shall ensure, where practicable and by appropriate means, that the main portion of the transmission time of its television channels, excluding the time appointed to news, sports events, games shows or advertising and teletext services, is reserved for European works in compliance with Article 1 paragraph 1 (n) and paragraphs 2 to 4 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), OJ No. L 95, of 15 April 2010, page 1. This portion is to be achieved progressively in the fields of information, education, culture and entertainment on the basis of suitable criteria.

(2) The Austrian Broadcasting Corporation shall ensure that at least 10 per cent of the transmission time of its television channels, excluding the time appointed to news, sports events, games or advertising and teletext services or, alternatively, at least 10 per cent of its programming budget is reserved for European works created by producers who are independent of television broadcasters. This proportion should be achieved progressively on the basis of suitable criteria in the fields of information, education, culture and entertainment. It must be achieved by earmarking an adequate proportion for recent works, that is to say works transmitted within five years of their production.

European works in on-demand services

     § 12. Without prejudice to the requirements of § 4e and § 4f in connection with the provisions of Part 1a, the majority proportion of programmes in on-demand services offered by the Austrian Broadcasting Corporation or its subsidiaries, where practicable and subject to the use of reasonable means, shall consist of European works in accordance with Art. 1 paragraph 1 (n) and paragraphs 2 to 4 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), OJ No. L 95, of 15 April 2010, page 1.

Part 3

Commercial communication

Requirements and restrictions concerning content

§ 13. (1) Commercial communication shall be readily recognisable as such. Surreptitious advertising and commercial communication on channels and in programmes that are below the limit of perception shall be prohibited.

(2) Commercial communication shall not feature, visually or orally, persons who regularly present news and current affairs programmes, or regularly present other programmes as programming or journalistic staff of the Austrian Broadcasting Corporation.

(3) Commercial communication shall not

(4) Any form of commercial communication for spirits, cigarettes or other tobacco products as well as for medicines, medical devices and therapeutic treatments that are only available on medical prescription shall be prohibited. Commercial communication for all other medicines, medical devices and therapeutic treatments shall be honest, truthful and verifiable. It shall not be harmful to humans.

(5) Commercial communication for alcoholic beverages shall comply with the following criteria:

(6) Commercial communication shall not cause moral or physical detriment to minors, and shall therefore comply with the following criteria for their protection:

(7) The presentation of production props or prizes of insignificant value in news and current affairs programmes shall be prohibited.

(8) The Austrian Broadcasting Corporation shall issue guidelines for commercial communication broadcast before, after or during children’s programmes regarding foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular those such as fat, trans-fatty acids, salt/sodium and sugars, excessive intakes of which in the overall diet are not recommended. These guidelines require the consent of the regulatory authority and shall be published in a manner that is easily, directly and permanently accessible.

(9) The Foundation Council may specify further restrictions in terms of content and time for commercial communication. Those types of specified guidelines shall be published in a manner that is easily, directly and permanently accessible.

Television and radio advertising, advertising times

§ 14. (1) Advertising shall be readily recognisable and distinguishable from editorial content. It shall be kept quite distinct from other parts of the programme by optical and/or acoustic and/or spatial means.

(2) Advertising aimed specifically at minors without legal capacity may not be broadcast directly before or after children’s programmes.

(3) Unless otherwise provided by this Federal Act, the Foundation Council shall determine, at the proposal of the Director General, the volume of advertising on the channels of the Austrian Broadcasting Corporation. Guidelines specified in that manner shall be published in a manner that is easily, directly and permanently accessible. Transmission times for advertising must not be allocated on Good Friday as well as on 1 November and 24 December.

(4) One of the nation-wide radio channels pursuant to § 3 paragraph 1 subparagraph 1 shall be free from advertising. On radio channels broadcast all over Austria, advertising shall be permissible only on a nation-wide basis. Radio advertising may not exceed the daily length of a total of 172 minutes on a yearly average, deviations of not more than 20 per cent per day being permissible. On one channel, advertising may not exceed 8 per cent of the daily transmission time on a yearly average. Radio advertising broadcast on province-wide channels shall be counted only once and may not exceed the daily length of five minutes on a yearly average, deviations of not more than 20 per cent per day being permissible. The duration of advertising broadcast simultaneously on more than one province-wide channels (ring advertising) shall be included in each case in the five minutes devoted to advertising on the relevant province-wide channel.

(5) On television channels, advertising shall be permissible only on a nation-wide basis. On a yearly average, television advertising broadcast all over Austria may not exceed the length of 42 minutes per day per channel, deviations of not more than 20 per cent per day being permissible. Advertising for cinematographic works financed or co-financed by the Austrian Broadcasting Corporation shall not be included in the maximum permissible advertising time pursuant to the previous sentence or to § 4b paragraph 2 fourth sentence and § 4c paragraph 2 fifth sentence. Within one full hour, the share of advertising may not exceed 20 per cent. Hours shall mean the 24 equal parts of one calendar day.

(5a) Advertising which is limited to one province and is for events and campaigns concerning sports, art and culture, to the extent such events and campaigns are not generally given much coverage in Austrian media reporting, and concerning folklore and customs, and, in addition, advertising for public health services, traffic safety and consumer protection shall be excluded from paragraph 5 first and second sentences. The length of such advertising shall be limited to a maximum of 150 seconds per day per province. Paragraph 5 penultimate and last sentences shall remain unaffected. Advertising may only be ordered by the following legal entities:

(5b) The Austrian Broadcasting Corporation shall report quarterly to the regulatory authority about all agreements for the broadcasting of advertising, providing information on the type and scope of the service and on the fees pursuant to paragraph 5a, including cooperations pursuant to the last sentence.

(6) The duration of the following shall not be included in the respective maximum permissible advertising time:

(7) Advertising radio channels of the Austrian Broadcasting Corporation on television channels (§ 3) of the Austrian Broadcasting Corporation and vice versa shall not be permitted unless such advertising is an announcement of the content of individual programmes.

(8) Television advertising for periodical print media may refer to the title (name of the print media) and the editorial policy but not to their content. The transmission time allocated for this purpose may not exceed two minutes of the overall weekly advertising time. Such transmission times and the fees shall be allocated to all media owners of such print media on equal and non-discriminatory conditions. Details shall be governed by the list of fees for commercial communication (§ 23 paragraph 2 subparagraph 8).

(9) The provisions of § 13 paragraphs 1, 3 and 9, and § 14 paragraphs 1 and 3 first sentence shall apply mutatis mutandis to public service announcements and charity appeals broadcast free of charge.

(10) A party ordering commercial communication may not exercise editorial influence on the content of the channel.

(11) The Austrian Broadcasting Corporation and its subsidiaries shall be prohibited from broadcasting teleshopping.

Cut-in advertising

§ 15. (1) Television advertising shall be broadcast in blocks between individual programmes. Except for the broadcasting of sports events, isolated advertising spots shall be the exception.

(2) Interrupting television programmes on channels pursuant to § 3 for advertising shall not be permitted with the exception of the following two sentences. In sports programmes consisting of autonomous parts advertising may only be inserted between the autonomous parts, and one interruption shall be allowed for each full 15 minutes of the sports programme (calculated on the basis of the scheduled duration of the programme, excluding the duration of advertising), and a maximum of four interruptions shall be permitted within each full hour calculated from the beginning of the programme. In sports broadcasts and programmes about similarly structured events and performances containing intervals, advertising may only be inserted in the intervals.

(3) On channels pursuant to § 9 and § 9a television advertising may also be inserted during programmes subject to the restrictions mentioned below provided it does not impair the integrity of the programmes, taking into account natural breaks in and the type and duration of the programme. The rights of right holders must not be prejudiced. The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising once for each scheduled period of at least 30 minutes. The transmission of children’s programmes may be interrupted by television advertising once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the programme is longer than 30 minutes. No television advertising shall be inserted during the transmission of religious services.

Product placement

§ 16. (1) Product placement (§ 1a paragraph 1 subparagraph 10) shall be prohibited, subject to the provisions of paragraphs 2 and 3.

(2) The provision free of charge of certain goods or services, such as production props and prizes, with a view to their inclusion in a programme shall be excluded from the prohibition of paragraph 1. This exception shall not apply to news and current affairs programmes.

(3) Cinematographic works, films made for television and television series as well as sports programmes and light entertainment programmes shall be excluded from the prohibition of paragraph 1. This exception shall not apply to children’s programmes.

(4) Notwithstanding the provisions of § 13, programmes may not include product placement for the benefit of undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products. Product placement and provisions free of charge pursuant to § 1a subparagraph 10 last sentence shall also be prohibited in regionally broadcast television programmes.

(5) Programmes that contain product placement shall meet the following requirements:

(6) Paragraph 5 subparagraph 4 shall not apply if the programme in question has been neither produced nor commissioned by the Austrian Broadcasting Corporation itself or an undertaking associated with the Austrian Broadcasting Corporation and the Austrian Broadcasting Corporation had no knowledge of the product placement.

Sponsorship

§ 17. (1) Sponsored programmes shall meet the following requirements:

(2) Sponsorship by natural or legal persons whose principal activity is the manufacture or sale of products, or the provision of services, the commercial communication in respect of which is prohibited by virtue of § 13 or other legal provisions shall not be permitted. Sponsorship by undertakings whose activities include the manufacture or sale of medicines and medical treatment may refer to the name or the image of the undertaking, but not to specific medicines or medical treatments available only on prescription.

(3) News and current affairs programmes may not be sponsored within the meaning of paragraph 1.

(4) § 14 paragraph 8 shall apply mutatis mutandis to sponsorship announcements for media owners of periodical print media.

(5) Unless a sponsored programme concerns charitable or other purposes in the public interest, sponsorship announcements shall be included in the advertising time as regulated in § 14. The duration of sponsorship announcements of regional television programmes to be included shall be determined by the proportion of the population technically reached by the regional programme as compared to the overall population of Austria.

(6) Designing programmes in whole or in part according to themes specified by third parties in return for payment shall not be allowed. The broadcasting of a programme may not be made dependent on the requirement of a contribution to the financing of the programme. Part 4

Requirements for teletext and online services

§ 18. (1) The operation and provision of online services in accordance with the public mandate shall be governed by the provisions of this Federal Act in their entirety. Income of the Austrian Broadcasting Corporation from commercial communication in its online services in accordance with the public mandate in each business year may not exceed the amount of 3 per cent, from 1 January 2013 of 4 per cent and from 1 January 2016 of 5 per cent of the income generated from programme fees charged pursuant to § 31 in the preceding calendar year.

(2) Unless otherwise provided, § 10 and § 13 to § 17 shall apply, in terms of content, to the operation of teletext and the provision of online services in the context of commercial activities (§ 8a). The proportion of commercial communication in such services shall be determined by resolution of the Foundation Council.

(3) The services named in § 4f paragraph 2 subparagraphs 1 to 7, 9, 11, 13, 14, 16, 20, 21 and 23 to 28 may not be provided in the context of commercial activities.

(4) Commercial communication in teletext and online services shall only be permitted in standardised forms and formats. Not permitted are forms where fees are invoiced on the basis of performance while marketing instruments are employed to achieve a measurable reaction or transaction with the user (performance marketing) and forms where data on user behaviour are saved to effect individualisation. Pricing of commercial communication in online services shall be based on a certain amount per impression. In the sale of commercial communication in online services, the grant of discounts shall be permitted exclusively on the basis of quantity scales in the same class of media. The grant of discounts in a form where commercial communication is provided in a volume larger than that which was acquired on the basis of standardised prices (discounts in kind) shall not be permitted. All forms, services, prices, discounts and cash discounts shall be laid down and published in the list of fees for commercial communication.

(5) Commercial communication in online services, including on websites of the individual provinces, shall only be permitted if published nation-wide.

Information obligations

§ 18a. (1) Notwithstanding the provisions of § 24 and § 25 of the Media Act or § 5 of the E-Commerce Act, the Austrian Broadcasting Corporation and its subsidiaries shall ensure that the following information is easily, directly and permanently accessible:

(2) In the exercise of their functions in the Austrian Broadcasting Corporation, the collegial bodies under paragraph 1 shall not be bound by instructions and orders; they shall exclusively fulfil the obligations arising from the laws and the rules of procedure.

(3) The function as a member of the Foundation Council and the Audience Council is an honorary function. The members shall be entitled to an appropriate compensation of incurred costs.

(4) Unless otherwise provided by law, all members of the Foundation organs shall be under the obligation of secrecy concerning all circumstances of the Foundation and its associated undertakings becoming known to them in the course of their activity. This obligation of secrecy shall also continue after they retire as member of a Foundation organ. Upon retirement, all written documents pertaining to affairs of the Foundation and its associated undertakings shall be returned to the Foundation. The Foundation Council

§ 20. (1) The members of the Foundation Council shall be appointed subject to the following provisions:

(2) The members of the Foundation Council shall have the same duty of care and responsibility as members of the supervisory board of a stock corporation. Claims against members of the Foundation Council shall be decided by the regular courts in accordance with the provisions of the Code of Civil Procedure.

(3) The following persons may not be appointed members of the Foundation Council:

(4) The term of office of the Foundation Council shall be four years from the day of its first meeting until, at any rate, the day when the next newly appointed Foundation Council convenes. During a term of office, the members appointed by the Federal Government may be relieved of their duties prematurely only if the Federal President has appointed a new Federal Government, a member appointed by a province only if the provincial parliament has elected a new provincial government, and the members appointed by the Audience Council and the Central Staff Council only if these bodies constitute themselves anew. If a member resigns prematurely, a new member shall be appointed without delay for the remaining term of the Foundation Council. If a member of the Foundation Council fails to follow three subsequent invitations for a meeting without sufficient excuse or if a ground for exclusion pursuant to paragraph 3 arises subsequently, the Foundation Council shall ascertain this fact by decision after hearing that member. This ascertainment shall entail the loss of membership, and a new member shall be appointed for the remaining term of the Foundation Council.

(5) If the organs authorised to appoint members of the Foundation Council pursuant to paragraph 1 do not avail themselves of this right and appoint no members, the vacancies shall be left out of consideration when establishing the quorum of the Foundation Council pursuant to paragraph 6.

(6) The Foundation Council shall draw up its own rules of procedure. It shall elect from among its members a Chairman and a Deputy Chairman. The meetings of the Foundation Council shall be convened by its Chairman or, if he is prevented from doing so, by his deputy; the Chairman shall be obligated to convene the Foundation Council immediately if this is requested in writing by one third of its members or by the Director General and accompanied by a draft agenda. The presence of no less than half of its members shall constitute a quorum. With the exception of resolutions pursuant to § 22 paragraph 5 and § 41 paragraph 1, its resolutions shall be passed by open vote and by a simple majority of the votes cast. The Chairman participates in the vote; in the case of a tie, the Chairman - and if he is prevented, his deputy - has the casting vote. The members of the Foundation Council appointed by the Central Staff Council shall not be entitled to vote on resolutions under § 31 paragraphs 1 and 2 and shall not be counted when establishing the presence of a quorum.

(7) To prepare a resolution on specific issues and to monitor the business management, the Foundation Council can set up committees composed of its members. Each committee shall consist of at least five members.

(8) The Director General and the Chairman of the Audience Council or his deputy shall have the right to attend the meetings of the Foundation Council in an advisory capacity. The members of the Auditing Commission shall at any rate be consulted in the meetings of the Foundation Council and its committees which deal with the approval of the annual financial statements and their preparation and with the audit of the annual financial statements. In addition, the Foundation Council and its committees may ask the members of the Auditing Commission about planned audits pursuant to § 40 paragraph 3 third sentence and the result of such audits. The members of the Auditing Commission shall not be subject to an obligation of secrecy vis-à-vis the Foundation Council unless this would frustrate the purpose of the audit.

(9) In the event that a member of the Foundation Council is prevented from attending one of its meetings, such member may arrange for another member to deputise for him in respect of all his rights for the duration of that meeting. The member unable to attend shall notify the Chairman of such deputising in writing. A member deputised for in such a way shall not be included in the count for establishing the presence of a quorum. The right to have the chair is not transferable.

(10) If the Foundation Council fails to appoint a Director General within three months following the invitation of applications for the office of Director General (§ 27 paragraph 1), to entrust one month after the office of the Director General has prematurely become vacant a suitable person with the provisional exercise of the responsibilities of Director General (§ 22 paragraph 1), or to arrive at a decision on one of the matters enumerated in § 21 paragraph 1 subparagraphs 3 to 6 and 7 to 15 and paragraph 2 within a period of three months of dealing with the matter for the first time, this fact shall be ascertained without delay by the Federal Communications Board. If a settlement of the matter has still not been reached within four weeks after ascertaining this fact, the Federal Communications Board shall declare the Foundation Council dissolved. In such case, the members of a new Foundation Council shall be appointed without delay. Responsibilities of the Foundation Council

§ 21. (1) In addition to other responsibilities imposed on it under this Federal Act, the Foundation Council shall:

(2) Furthermore, the consent of the Foundation Council shall be required in the following cases:

(3) The Director General, moreover, shall obtain the consent of the Foundation Council if he participates in transactions as specified in paragraph 2 of associated undertakings by giving instructions, consent or exercising his voting right.

(4) The Director General shall report to the Foundation Council like a general manager to the supervisory board of a stock corporation; in this respect, § 81 and § 95 paragraph 2 of the Stock Corporation Act, Federal Law Gazette No. 98/1965 shall apply mutatis mutandis. In the course of the meetings of the Foundation Council, the members of the Foundation Council shall furthermore be entitled to question the Director General, the Directors and the Regional Directors on all matters concerning their areas of responsibility within the Austrian Broadcasting Corporation and to request any pertinent information. § 95 paragraph 3 of the Stock Corporation Act shall apply mutatis mutandis.

Director General

§ 22. (1) The Director General shall be appointed by the Foundation Council for a period of five years. If the position of Director General becomes vacant prior to the expiry of his/her term of office, the Foundation Council shall entrust a suitable person with the provisional management of the affairs of the Director General until a new Director General has been appointed for the remaining term. If the Director General is temporarily prevented from exercising his/her functions, the Foundation Council shall appoint a representative from among the Directors or Regional Directors for that period.

(2) The elected Director General may already prior to the beginning of his/her term of office submit proposals for the allocation of business (§ 24 paragraph 2), advertise vacancies for the positions of Directors and Regional Directors (§ 23 paragraph 2 subparagraph 2) and submit proposals for the appointment of Directors and Regional Directors (§ 23 paragraph 2 subparagraph 3).

(3) The Director General shall be responsible for managing the affairs of the corporation in such a manner as is required for the benefit of the corporation, taking into account the interests of the general public and the interests of its employees. Apart from the responsibilities emanating from legal provisions or the resolutions of the Foundation Council, the Director General shall not be bound by any directives or orders.

(4) The Director General shall act with the same due care and diligence and shall have the same responsibilities as the managing board of a public limited company. Claims raised against the Director General shall be determined by ordinary courts of law in accordance with the rules of civil procedure.

(5) The Director General may only be dismissed with a two- third majority by the Foundation Council. Responsibilities of the Director General

§ 23. (1) The Director General shall manage the affairs of the Austrian Broadcasting Corporation and shall act as its judicial and extra-judicial representative.

(2) The Director General shall in particular be responsible for

(3)              The Director General shall allocate responsibilities that are neither reserved to the Foundation Council

nor to the Audience Council or to him/herself, in accordance with § 24 in such a manner that the persons concerned can manage the affairs of the relevant subject areas and other fields on their own initiative. Directors and Regional Directors

§ 24. (1) The Directors and Regional Directors shall be appointed by the Foundation Council upon a proposal of the Director General for the duration of his/her term of office. If the position of a Director or Regional Director becomes vacant prior to the expiry of that term of office, another appointment shall only be made for the remaining term. If the Foundation Council fails to appoint a Director or Regional Director within six weeks following the submission of the Director General's proposals, the Director General shall submit without delay a new proposal to the Foundation Council after the expiry of that period.

(2)              At least four and no more than six Directors shall be appointed whose sphere of responsibilities shall be determined by the Foundation Council upon a proposal by the Director General (§ 23 paragraph 2 subparagraph 3).

(3)              A Regional Director shall be appointed for each regional studio. Responsibilities of the Directors and Regional Directors

§ 25. (1) Within the framework of the long-term planning of channels, technical and financial affairs, staffing schedules and annual programme schedules, the Directors and Regional Directors shall manage independently the current affairs in their respective fields. With the exception of instructions given by the Director General, they shall not be bound by instructions and orders. The Director General shall have the right to give instructions to the Directors and Regional Directors in all matters.

(2) The Regional Directors shall safeguard the interests of the Austrian Broadcasting Corporation in the province for which they have been appointed. In doing so, they shall be responsible for the radio channel to be designed for that province in their studio and for all radio and television programmes to be designed in their respective sphere of responsibility. In addition, they shall be responsible for the premises and transmission facilities of their studio and for the staff working there.

(3) The Directors and Regional Directors shall have the right to be heard by the Foundation Council should the Director General refuse to take their proposals into account. In such case, the persons concerned shall be invited to attend the respective deliberations of the Foundation Council.

Qualifications

§ 26. (1) Any person holding the position of Director General, Director or Regional Director or executive employee in the Austrian Broadcasting Corporation, must meet the following requirements:

(2) The following persons must not be appointed Director General, Director or Regional Director: members of the Federal Government, state secretaries, members of a provincial government, members of the National Council, the Federal Council or of another general representative body or the European Parliament; moreover persons who are employees of a political party or have a leading position in a federal or regional organisation of a political party, as well as members of the Ombudsman’s Office, the President of the Court of Audit, and persons who have held one of the above-mentioned positions within the last four years.

Moreover, the following persons must not be appointed Director General, Director or Regional Director:

(3) § 79 of the Stock Corporation Act shall apply mutatis mutandis to the persons referred to in paragraph 1. Furthermore, they must not have an additional occupation or exercise a supervisory board mandate without the consent of the Foundation Council.

Advertising of vacancies

§ 27. (1) All vacancies in the Austrian Broadcasting Corporation – including the positions referred to in § 26 paragraph 1 – shall be advertised internally as well as publicly in the Official Gazette "Amtsblatt zur Wiener Zeitung", unless the services provided are of a subordinate nature. The position of Director General shall be advertised by the chairman of the Foundation Council six months prior to the expiry of the Director General's term of office and without delay in the case of an earlier termination of his/her term of office; the application period shall be four weeks.

(2) In the selection of applicants for an advertised vacancy and in the promotion of staff, special emphasis shall be placed on their professional qualifications. Audience Council

§ 28. (1) In order to safeguard the interests of the listeners and viewers, an Audience Council shall be established in the headquarters of the Austrian Broadcasting Corporation.

(2)              Membership in the Audience Council shall not be open to:

(3) Members of the Audience Council shall be appointed as follows:

(4) For the appointment of further members, the Federal Chancellor shall solicit proposals from institutions or organisations which are representative of the following sectors or groups: academia, education, arts, sports, youth, students, the elderly, handicapped persons, parents and the family, ethnic groups, tourism, motorists, consumers, and environmental protection.

(5) The Federal Chancellor shall invite the eligible institutions and organisations under paragraph 4 by way of a public announcement in the Official Gazette "Amtsblatt zur Wiener Zeitung" to propose three persons for appointment and to make all such proposals publicly known.

(6) Six members shall be elected by the viewers and listeners (§ 2 of the Broadcasting Fees Act, Federal Law Gazette I No. 159/1999) in conformity with the following paragraphs. Only natural persons shall be eligible to vote.

(7) These members shall be elected from among those persons who are proposed under paragraph 5 by the relevant institutions and organisations in the areas of education, youth, elderly people, parents and the family, sports and consumers.

(8) The names and functions of the persons concerned, as well as of the institution by which they have been proposed, shall be made public by the Federal Chancellor in the Official Gazette "Amtsblatt zur Wiener Zeitung". Simultaneously, the Austrian Broadcasting Corporation shall inform the viewers and listeners about the persons standing for election and the electoral procedure by such appropriate means as a television broadcast in one of the channels under § 3 paragraph 1 subparagraph 2.

(9) The Austrian Broadcasting Corporation shall ensure within the scope of technical means and economic feasibility that every viewer or listener is given an opportunity, by voting via telephone, telefax, Internet or other comparable technical facilities, to choose six persons (one from each sector) from among the candidates standing for election. A time limit of one week shall be granted for the casting of votes. Votes not received by the end of that time limit shall not be considered. The cut-off date for ascertaining the eligibility to participate in the election shall be the first day of the month before the month preceding the start of the election period. The Austrian Broadcasting Corporation shall ensure that the personal data transmitted with the vote are used for no other purpose than for the determination and verification (identification of persons eligible to vote). For the purpose of determining and verifying the election result, the Gebühreninkasso Service GmbH shall only provide the Austrian Broadcasting Corporation with data concerning the phone numbers, first and last names and dates of birth of viewers and listeners. The Austrian Broadcasting Corporation shall notify to its viewers and listeners the fact that, and the extent to which, data transmitted in the ballot are used and, in particular, that the casting of votes is not anonymous. In this context, it needs to be ensured that no person casts more than one vote. Each viewer or listener is only eligible to cast one vote regardless of the number of receivers operated by him or her. The Austrian Broadcasting Corporation must moreover take all precautions to avoid the misuse of the relevant data. The transmitted data must be deleted no later than eight months after the end of the time limit for the casting of votes.

(10) After the end of the time limit for the casting of votes, the result of the ballot shall be certified by a notary public and notified to the Federal Chancellor without delay by the Austrian Broadcasting Corporation. Subsequently, the Federal Chancellor shall appoint the six persons for each sector who have received most of the votes as members of the Audience Council and make the election result publicly known by promulgation in the Official Gazette "Amtsblatt zur Wiener Zeitung".

(11) Following the appointment of members under paragraph 10, the Federal Chancellor shall appoint another seventeen members from the proposals received in regard to the sectors and groups named in paragraph 4, with one member being appointed for each sector. Term of office, chairperson and decision-making

§ 29. (1) The term of office of the Audience Council shall be four years, calculated from the day that it convenes for the first time, and at all events to that day on which a new Audience Council is convened.

(2) The Audience Council shall draw up its own rules of procedure and shall elect its chairperson and deputy chairperson from its midst.

(3) Meetings of the Audience Council shall be convened by its chairperson, or in his/her absence by the deputy chairperson, at least three times per year, otherwise within 14 days, should no less than a quarter of its members or a quarter of the members of the Foundation Council demand such a meeting.

(4) The Audience Council shall pass its resolutions with a quorum of at least half of its members and by a simple majority of the number of votes cast. Resolutions pursuant to § 41 paragraph 1 require a two-thirds majority. The provisions governing the establishment of a quorum in a case of non-appointment and the representation of an absent member in a meeting which are applicable to the Foundation Council shall apply analogously.

(5) If a member of the Audience Council has failed to comply with three subsequent invitations to a meeting without reasonable grounds or if a ground for exclusion pursuant to § 28 paragraph 2 arises subsequently in respect of a member, this finding shall be made by a decision after his hearing by the Audience Council. Such a finding shall entail the loss of membership rights, and a new member shall be appointed for the remainder of the term without delay.

(6) If a member of the Audience Council withdraws from his or her function before the end of the term, a new member shall be appointed for the remainder of the term. If a member appointed pursuant to § 28 paragraphs 6 to 10 or paragraph 11 withdraws from the Council ahead of time, the Federal Chancellor shall invite the institutions or groups represented by the withdrawing member to submit new proposals. These proposals shall be submitted without delay. The Federal Chancellor shall appoint a member from the proposals submitted to him.

Functions of the Audience Council

§ 30. (1) The Audience Council shall:

(2) The Audience Council is authorised to fulfil the tasks listed in paragraph 1, i.e. to interview the Director General, the Managing Directors and Regional Directors about all of the tasks of the Austrian Broadcasting Corporation to be discharged by them and to procure all the necessary information. The interviewees shall reply to the inquiries in writing or orally, if so requested, within a period of two months. A reply to such an inquiry may only be withheld to the extent that this is in the prevailing interest of the Austrian Broadcasting Corporation or in the public interest.

(3) If the Audience Council has made recommendations concerning programming, the Director General shall report to the Audience Council, within a reasonable time not exceeding three months, on whether and in what form the recommendation has been complied with or else why the recommendation was not implemented.

(4) The meetings of the Audience Council shall be attended in an advisory function by the Director General or by a representative nominated by him or her. The Audience Council has the right, on the basis of a request to the Director General, to demand the presence of a Managing Director or Regional Director. The Members of the Foundation Council have the right to attend the meetings of the Audience Council in an advisory capacity.

(5) The Audience Council may – in addition to the opinion poll conducted by the Austrian Broadcasting Corporation itself – call for the Austrian Broadcasting Corporation to have a representative survey conducted once an year among the viewers and listeners on topics laid down by the Audience Council. The results of all opinion polls of the Austrian Broadcasting Corporation shall be communicated to the Audience Council. Part 5a

Equality between women and men

Requirement of equal opportunities

§ 30a. (1) The representatives of the "Austrian Broadcasting Corporation" Foundation (Foundation) shall, subject to the requirements of the equal opportunities plan (§ 30b), seek to eliminate existing underrepresentation of women in the total number of permanent employees and functions as well as existing unfavourable treatment of women in relation to employment.

(2) Women shall be deemed underrepresented if the proportion of women in the total number of permanent employees, including leased employees, of the Foundation is less than 45 per cent

Equal opportunities plan

§ 30b. (1) At the proposal of the Equal Opportunities Working Group (§ 30m), the Director General shall adopt an equal opportunities plan. The equal opportunities plan shall be drawn up on the basis of the proportion of women in the total number of permanent employees, including leased employees, to be determined as of 1 July of every second year, as well as of the anticipated fluctuation for a period of six years and shall be continued after that. The equal opportunities plan shall be adjusted to current developments every two years.

(2) In any event, the equal opportunities plan shall stipulate in which period, by which measures concerning personnel, organisation, and training and further training, and in which qualification grades any existing underrepresentation and existing unfavourable treatment of women could be eliminated. Binding requirements shall be stipulated for a period of two years to increase the proportion of women

§ 30c. (1) Subject to the requirements of the equal opportunities plan, female applicants who are qualified equally or equivalently to the best suited male applicant for the position aspired to shall be given preference in hiring, unless reasons specific to an individual male applicant tilt the balance in his favour, until the proportion of women in the total number of permanent employees, including leased employees, of the Foundation is 45 per cent

(2) The reasons specific to an individual male applicant pursuant to paragraph 1 must not have a direct or indirect discriminatory effect on female applicants. Preference in promotions

§ 30d. (1) Subject to the requirements of the equal opportunities plan, female applicants who are qualified equally or equivalently to the best suited male applicant for the position (function) aspired to which requires specific qualifications shall be given preference in appointments to such a position (function), unless reasons specific to an individual male applicant tilt the balance in his favour, until the proportion of women in the total number of permanent employees, including leased employees, of the Foundation is 45 per cent

(2) The reasons specific to an individual male applicant pursuant to paragraph 1 must not have a direct or indirect discriminatory effect on female applicants. Preference in training

     § 30e. Subject to the requirements of the equal opportunities plan, women shall be given preference in admissions to training and further training measures which qualify them for taking on higher positions (functions).

Representation of women in organs and bodies

     § 30f. When appointing members to the collegial bodies provided for by this Federal Act, when appointing the Director General, the Directors and the Regional Directors, and when appointing and electing the members of bodies, consideration shall be given to the balanced representation of both genders. The organs, federal, regional or local authorities, bodies representing the interests of their members, and other organisations and institutions which are authorised to propose and appoint members of such collegial bodies shall give consideration to that principle when making their proposals and appointments. Advertisement of jobs and functions

     § 30g. When advertising vacancies in the Foundation pursuant to § 27, the requirements and duties related to such job or function shall be worded in a manner addressing women and men equally. Advertisements shall not contain criteria which are not objectively related to the requirements of the vacancy and shall not include additional references suggesting a certain sex. In any event, advertisements shall include the information that applications by women are specifically welcome for jobs of a certain qualification grade or for a certain function if the proportion of women in such a qualification grade or function is below 45 per cent. The personnel selection procedure shall be transparent and comprehensible. The equal opportunities plan pursuant to § 30b may provide for further measures for filling vacant jobs and functions to eliminate existing underrepresentation and existing unfavourable treatment of women in personnel selection procedures. Continued application of legal provisions

     § 30h. The Federal Act on Equal Treatment, Federal Law Gazette I No. 66/2004, and the Federal Act on the Equal Treatment Commission and the Equal Treatment Ombudspersons, Federal Law Gazette No. 108/1979, both as amended, shall remain unaffected by the provisions stipulated in this Part.

Institutions

     § 30i. Persons and institutions that shall deal with equal treatment pursuant to Part 1 of the Federal Act on Equal Treatment, Federal Law Gazette I 66/2004, as amended, and equal opportunities pursuant to this Federal Act, shall be:

§ 30j. (1) An Equal Opportunities Commission shall be established within the Foundation, whose members shall be

(2) When appointing the members, the Director General on the one hand and the Central Staff Council on the other hand shall alternately appoint three women and two men, and two women and three men, respectively, for each term of office. For the first term of office after the entering into effect of the Federal Act promulgated in Federal Law Gazette I No. 50/2010, the Central Staff Council shall appoint three women and two men.

(3) The representative of the Equal Opportunities Working Group shall participate in the meetings of the Equal Opportunities Commission in a consultative capacity, with the exception of the election of the chairperson of the Equal Opportunities Commission in which the representative has a voting right (paragraph 4). Furthermore, the representative of the Equal Opportunities Working Group shall have the same rights to obtain information, make comments and ask questions as the other members.

(4) The members of the Equal Opportunities Commission shall elect from among the members appointed by the Central Staff Council a chairperson, and from among the members appointed by the Director General a deputy chairperson.

(5) For each member, a substitute member of the same sex as the member to be substituted shall be appointed. The members (substitute members) shall be appointed for a term of office of five years; reappointments shall be permitted.

(6) The members (substitute members) of the Equal Opportunities Commission shall have knowledge or experience in the fields of equal treatment and the promotion of women, anti-discrimination, human rights or the representation of employees.

(7) The Equal Opportunities Commission shall deal with all issues relating to Part 1 of the Federal Act on Equal Treatment, Federal Law Gazette I No. 66/2004, as amended, and to equal opportunities pursuant to this Federal Act and, in particular, shall make statements and proposals (§ 30k). The Equal Opportunities Commission shall be entitled to receive and analyse the annual personnel statistics (§ 30p). The Equal Opportunities Commission shall elect the Equal Opportunities Officers and their deputies (§ 30l). The Equal Opportunities Commission shall submit an annual activity report to the Foundation Council.

(8) The Foundation shall make available the human and material resources required for exercising the activities of the Equal Opportunities Commission.

Proceedings before the Equal Opportunities Commission

§ 30k. (1) Upon application of one of the persons or institutions mentioned in paragraph 2, or ex officio, the Equal Opportunities Commission shall establish whether the requirement of equal treatment pursuant to Part 1 of the Federal Act on Equal Treatment, Federal Law Gazette I 66/2004, as amended, or the requirement of equal opportunities pursuant to § 30a to § 30g has been violated.

(2) The following persons or institutions shall be entitled to file an application with the Commission:

(3) If the application concerns an individual person, such request requires the consent, with evidence thereof, of the applicant or employee concerned. The applicant shall have the right to be represented by a trusted person in the proceedings before the Equal Opportunities Commission, in particular by the Equal Opportunities Officer or a representative of a body representing the interests of its members.

(4) If the Equal Opportunities Commission is of the opinion that the requirement of equal treatment or the requirement of promoting women has been violated, the Commission shall make a statement to this effect and shall submit to the Director General a proposal in writing of how to implement equal treatment or equal opportunities, and shall request the Director General to end discrimination or ensure equal opportunities and, where necessary, institute proceedings under labour law against the representative or employee of the Foundation responsible for the violation of the requirement. The Director General shall give his or her written opinion, including reasons, within two months. If the Director General does not comply with the proposals, such non-compliance shall be included in the report about the activity of the Equal Opportunities Commission to be submitted to the Foundation Council (§ 30j paragraph 7).

(5) Meetings of the Equal Opportunities Commission shall not be public and shall be confidential. The Equal Opportunities Commission may call in any persons with information, in particular informed representatives of the Foundation, and experts to its meetings. The Equal Opportunities Commission shall be entitled to obtain information or opinions from representatives of the Foundation. The Equal Opportunities Commission shall adopt rules of procedure that regulate, in particular, the quorums necessary for meeting or passing resolutions, the frequency of meetings, forms of convening meetings and detailed rules on the proceedings.

Equal Opportunities Officers

§ 30l. (1) The Director General shall specify at least three fields of responsibility for Equal Opportunities Officers, considering the personnel structure and the regional distribution of offices in the national territory. The Equal Opportunities Commission, after having consulted the Equal Opportunities Working Group, shall appoint one Equal Opportunities Officer for each field of responsibility and her or his deputy from among the staff of the Foundation for a term of office of five years; reappointments shall be permitted. When an Equal Opportunities Officer is appointed for the first time after the entering into effect of the Federal Act promulgated in Federal Law Gazette I No. 50/2010, the acting Equal Opportunities Officer shall be consulted instead of the Equal Opportunities Working Group. At least half of the Equal Opportunities Officers and their deputies appointed shall be women. Consideration shall be given, in particular, to knowledge and experience in the fields of equal treatment and the promotion of women, anti-discrimination, human rights or the representation of employees having regard to equal opportunities and the promotion of women.

(2) The Equal Opportunities Officers shall deal with issues relating to the equal treatment of women and men pursuant to Part 1 of the Federal Act on Equal Treatment, Federal Law Gazette I No. 66/2004, as amended, and to equal opportunities within the meaning of this Federal Act. In particular, the Equal Opportunities Officers shall accept, answer or submit to the Equal Opportunities Working Group inquiries, requests, complaints or suggestions of individual employees on issues of equal treatment and the promotion of women falling within their fields of responsibility. The Equal Opportunities Officers shall be informed of job advertisements made in their fields of responsibility and of applications received. The Equal Opportunities Officers shall be entitled to request oral or written information in an application procedure or make comments or proposals. The Equal Opportunities Officers shall be entitled, in matters concerning their fields of responsibility, to request the Equal Opportunities Commission to find that the requirement of equal treatment or equal opportunities has been violated and to take part in meetings of the Equal Opportunities Commission concerning such requests. Equal Opportunities Working Group

§ 30m. (1) An Equal Opportunities Working Group (Working Group) shall be established within the Foundation. The Equal Opportunities Officers and their deputies shall be members of the Working Group. The Working Group shall elect its chairperson and her or his deputy from among its members and shall appoint the member and substitute member for the Equal Opportunities Commission. For the first term of office after the entering into effect of the Federal Act promulgated in Federal Law Gazette I No. 50/2010, the acting Equal Opportunities Officer shall be the member of the Equal Opportunities Commission.

(2) The Working Group shall deal with issues relating to the equal treatment of women and men pursuant to Part 1 of the Federal Act on Equal Treatment, Federal Law Gazette I No. 66/2004, as amended, and to equal opportunities within the meaning of this Federal Act. In particular, the Working Group shall inform the Director General, in agreement with the person concerned, of any substantiated suspicion of discrimination or any violation of the requirement of equal opportunities it becomes aware of and submit a proposal on how to implement equal treatment or equal opportunities pursuant to § 30a to § 30g. The Working Group shall be entitled to file applications to the Equal Opportunities Commission (§ 30k paragraph 2), and to receive and analyse the annual personnel statistics (§ 30p).

(3) The Working Group shall be entitled to submit to the Director General a proposal on the preparation of the equal opportunities plan (§ 30b). The Working Group shall be entitled to submit to the General Director a report in writing on its activity and the implementation of equal treatment and equal opportunities in the Foundation in the preceding calendar year.

Legal position and obligation of secrecy

§ 30n. (1) The members of the Equal Opportunities Commission and the Equal Opportunities Officers shall be autonomous and independent in exercising their activities and shall not be bound by any instructions.

(2) The chairperson of the Equal Opportunities Working Group shall be released from work, with remuneration being continued to be paid. The other Equal Opportunities Officers and the members of the Equal Opportunities Commission shall be released from work, with remuneration being continued to be paid, to the extent this is required to fulfil their duties unless the release conflicts with important work-related interests; their superior shall be informed of periods during which they are released from work.

(3) The representatives of the Foundation shall support the members of the Equal Opportunities Commission and the Working Group and the Equal Opportunities Officers in fulfilling their duties and are obligated to provide to them the information required for the exercise of their duties.

(4) The members of the Equal Opportunities Commission and the Equal Opportunities Officers shall keep strictly confidential all personal data and circumstances, official and trade secrets which became known to them exclusively during the exercise of their function, in particular in respect of matters, technical installations, processes and peculiarities relating to operations that were described to them as being confidential. In addition, the members of the Equal Opportunities Commission and the Equal Opportunities Officers shall keep confidential all information entrusted to them by individual employees that are to be treated as confidential due to their nature or at the request of the employees. Such obligation of secrecy shall continue to exist even after the activity as a member of the Equal Opportunities Commission or as an Equal Opportunities Officer ended.

(5) The representatives of the Foundation and supervisors shall not hinder the members of the Equal Opportunities Commission or the Equal Opportunities Officer in exercising their activities and may also not treat them unfavourably for that reason. The members of the Equal Opportunities Commission and the Equal Opportunities Officers may not be put at a disadvantage in their professional career by reason of their activities. Suspension and termination of membership and functions

§ 30o. (1) Membership of the Equal Opportunities Commission or the Equal Opportunities Working Group, and the function as an Equal Opportunities Officer shall be suspended for the time during which a member is released from work, without remuneration being continued to be paid, or is on vacation for more than three months. Such membership or function ends upon expiry of the term of office, upon an assignment abroad, upon retirement from the staff of the Foundation, upon a waiver, and, in the case of Equal Opportunities Officers, upon retirement from the relevant field of responsibility.

(2) The organs authorised to appoint or elect members shall remove members of the Equal Opportunities Commission or Equal Opportunities Officers from their functions if they can no longer exercise their functions for health reasons or grossly fail to comply with or permanently neglect their functional obligations. Personnel statistics

     § 30p. The Foundation shall prepare a statistical analysis of its personnel structure as of 31 October every year and shall submit it to the Equal Opportunities Commission and the Equal Opportunities Working Group. The statistics shall, in particular, illustrate the proportion of sexes in relation to functions, fields of employment, remuneration, part-time employment, duration of employment in a particular position and job applications. Part 6

Programme fees

§ 31. (1) Anyone is entitled to receive the radio and/or television programmes of the Austrian Broadcasting Corporation against continued payment of programme fees (radio fee, television fee).

The amount of the programme fees shall be determined by the Foundation Council at the request of the Director General. The Director General shall make a request for the redetermination of the programme fees subject to commercial requirements, but not later than five years after the last request.

(2) The amount of the programme fees shall be determined in a manner that ensures that the public mandate can be fulfilled on the basis of an economical, cost-effective and expedient administration; in determining the programme fees, regard shall be taken to overall economic developments. The amount of the programme fees shall be limited to the amount required to be able to cover the anticipated net costs of the public mandate in view of the expected number of viewers and listeners obligated to pay programme fees in a period of five years from the time the programme fees were determined (financing period). The presumptions of the anticipated developments on which the calculation of the amount of the programme fees is based shall be well-founded and comprehensible.

(3) The net costs of the public mandate correspond to the costs incurred for fulfilling the public mandate, after deduction of the net revenue generated from commercial activities in connection with activities under public law, other public allocations, in particular allocations pursuant to paragraph 11, and the funds locked up in the dedicated reserve (§ 39 paragraph 2), and taking into account any valuations of the group. Losses from commercial activities may not be included in the calculation.

(4) In addition to the net costs specified in paragraph 3, any financing need for allocating funds to unappropriated equity may be taken into account in determining the programme fees in exceptional cases subject to the requirements of § 39b.

(5) To the extent funds are available in the blocked account (§ 39c) at the time the amount of the programme fees is determined, such funds shall be deducted from the net costs of the public mandate. The funds in the blocked account shall be liquidated evenly over a maximum period of five years. Within the meaning of this Act, such funds shall be deemed to be funds from the programme fees.

(6) When determining the programme fees, increases in prices or costs expected over the next financing period may be included in the calculation of the costs of the public mandate. The funds appropriated for that purpose shall be separately allocated to the blocked account (§ 39c) by the Austrian Broadcasting Corporation and may be used exclusively to cover increases in prices and costs expected for the respective year.

(7) The request by the Director General shall include all information required to determine the programme fees in accordance with the above paragraphs.

(8) The resolution by the Foundation Council determining the amount of the programme fees shall require the approval of the Audience Council. If, within eight weeks after the resolution has been passed in the Foundation Council, no reasonable objection is raised by the Audience Council the latter shall be deemed to have given its approval. If, however, the Audience Council expressly refuses its approval within that period, the resolution by the Foundation Council shall become effective only if it takes a vote of insistence.

(9) Following completion of the procedure pursuant to paragraph 8, the resolution by the Foundation Council, together with the request forming the basis of the resolution, shall be submitted to the regulatory authority. The regulatory authority shall, within three months of submission, set aside the resolution of the Foundation Council pursuant to § 37 paragraph 2 if the resolution contravenes the provisions of the above paragraphs. The period shall commence only if the regulatory authority was provided with all information it needs to make such an assessment. The redetermination of the programme fees shall not come into effect before the period expires. § 13 paragraph 3 of the General Administrative Procedure Act shall apply, with the exception of its last sentence.

(10) Programme fees shall be paid irrespective of the frequency and quality of the programmes or their reception. The commencement and expiry of the obligation to pay such fees as well as an exemption from this obligation shall be subject to the provisions under federal regulations governing radio and television fees.

(11) The federal state shall compensate the Austrian Broadcasting Corporation for the programme fees it loses due to the exemptions mentioned in the above paragraph by means of a financial allocation to be granted annually in the years 2010 to 2013 subject to the following provisions:

(12) In addition to the general requirements pursuant to paragraph 11, compensation shall depend on the following special requirements:

(13) In addition to the fulfilment of the general and special requirements pursuant to paragraphs 11 and 12, the Austrian Broadcasting Corporation shall take structural measures, subject to the following provisions, to substantially reduce the cost basis in the medium term. For this purpose, the Director General shall submit to the Foundation Council for approval measures, indicators and target values concerning the following issues every year, starting from the year 2010, for the respective subsequent year:

(14) Starting in 2011, the regulatory authority shall verify each year that the requirements of paragraphs 11 and 12 were fulfilled in the preceding calendar year. From 2012, it shall also verify that the measures, indicators and target values pursuant to paragraph 13 were implemented and achieved in the preceding calendar year. The Director General shall provide proof of the fulfilment of the requirements of paragraphs 11 and 12 to the regulatory authority by not later than 31 March. In order to be able to verify that the measures, indicators and target values pursuant to paragraph 13 were implemented and achieved in the preceding year, the Director General shall provide a report, including the required supporting documents, to the Auditing Commission by 28 February, starting from 2012. The Auditing Commission shall audit the measures, indicators and target values by 31 March and submit to the regulatory authority the results of its audit, including an audit report.

(15) The regulatory authority shall establish whether the requirements for the compensation pursuant to paragraph 14 were fulfilled in the preceding year. If this is not the case, the regulatory authority shall issue an administrative decision to reclaim the compensation remitted in the preceding year pursuant to paragraph 11 subparagraph 1 and shall transfer the funds to the Federal Minister of Finance. A set-off against the compensation due for the current year (paragraph 11 subparagraph 1) shall be permitted.

(16) The funds paid by way of such compensation shall be deemed programme fees within the meaning of this Act.

(17) Programme fees shall be collected together with and in the same manner as radio and television fees; any other form of payment does not settle the debt.

(18) Outstanding programme fees may be recovered by the legal body in charge of recovering radio and television fees for the benefit of the Austrian Broadcasting Corporation by administrative action in the same way as outstanding radio and television fees.

(19) The lists of fees for commercial communication shall be made easily, directly and permanently accessible on the website of the Austrian Broadcasting Corporation. The lists of fees shall contain provisions with regard to prices, performance, discounts and rebates for commercial communication. The allocation of commercial communication other than that regulated in the list of fees shall not be allowed. Counterdeals against payment or similar to a barter transaction shall be permissible only under certain conditions and shall be stated separately. The regulatory authority shall be notified of the lists of fees. The amount of programme fees shall be published in the Official Gazette "Amtsblatt zur Wiener Zeitung" and on the website of the Austrian Broadcasting Corporation.

§ 31a. (1) (Constitutional provision) The financial activities of the Austrian Broadcasting Corporation shall be subject to the reviewing control by the Court of Audit.

(2) In excising its reviewing control, the Court of Audit shall apply § 12 paragraphs 1, 3 and 5 of the Court of Audit Act, Federal Law Gazette No. 144/1948 mutatis mutandis; it shall inform the Foundation Council of the result of its examination.

Part 6a

Competitive behaviour of the Austrian Broadcasting Corporation

Transfer of sport rights to third parties

§ 31b. (1) To the extent permitted by law, the Austrian Broadcasting Corporation shall grant or assign to other broadcasters, at their request and for a reasonable fee, an authorisation to use sports broadcasts for the types of exploitation required for broadcasting, or grant to them the non-exclusive right to produce a sports broadcast unless the Austrian Broadcasting Corporation itself broadcasts such sports broadcasts on its channels pursuant to § 3 paragraphs 1 and 8.

(2) The Austrian Broadcasting Corporation shall provide to interested broadcasters, at any time, information as to which broadcasting rights may be transferred pursuant to paragraph 1. Simultaneously, the Austrian Broadcasting Corporation shall make such information available online, and shall, without unreasonable delay, decide which broadcasting rights may be transferred.

(3) Claims pursuant to paragraph 1 shall be decided by ordinary courts. Market-compatible behaviour

§ 31c. (1) Funds accruing to the Austrian Broadcasting Corporation out of the programme fees may not be used in a manner which is not required to fulfil the public mandate and distorts competition. In particular, the Austrian Broadcasting Corporation may not use such funds to:

(2) Business relationships within the Austrian Broadcasting Corporation, between the Austrian Broadcasting Corporation and its subsidiaries (§ 2 paragraph 2), or between subsidiaries, to the extent such relationships concern business segments which perform activities under the public mandate on the one hand and business segments which perform commercial activities on the other hand, shall comply with the arm’s length principle. The arm’s length principle shall be deemed complied with if such business relationships are subject to the conditions which third parties operating under market conditions would take as a basis of their business transactions.

(3) Commercial activities of the Austrian Broadcasting Corporation, its subsidiaries or associated undertakings shall comply with the market-economy private investor principle within the meaning of Art. 107 of the Treaty on the Functioning of the European Union. In particular, an investment for the initial financing of new commercial activities may only be made if such investment is expected to be profitable, which is why a marketeconomy private investor would also make such an investment. Part 7

Status of programming staff

Independence

§ 32. (1) Within the framework of this Federal Act, the Austrian Broadcasting Corporation and its subsidiaries shall pay due regard to the independence and self-responsibility of all programming staff as well as to the right of all journalistic staff to freely exercise the journalistic profession in discharging the functions assigned to them. In exercising their activities, journalistic staff must not in particular be required to prepare or accept responsibility for anything which contradicts the freedom of the journalistic profession. Justified refusal to do so shall not result in detrimental consequences for them.

(2) All persons who contribute to the design of online services and radio and television programmes are programming staff within the meaning of this Federal Act.

(3) All persons who contribute to the journalistic design of online services and radio and television channels, in particular editors, reporters, correspondents and programmers, are journalistic staff within the meaning of this Federal Act.

(4) Programming and journalistic staff within the meaning of this Federal Act work for the Austrian Broadcasting Corporation or its subsidiaries either as employees or on a free-lance basis.

(5) The following provisions shall apply to journalistic and programming staff of the Austrian Broadcasting Corporation even if they are in employment with the Austrian Broadcasting Corporation, provided that, during a period of six months, the agreed or actual working hours do not exceed a monthly average of four-fifths of 4.3 times the normal working hours per week stipulated by law or collective agreement:

(6) Where a limited employment relationship as specified in paragraph 5 extends over a period of five years, with or without interruptions, from the beginning of the first employment, the employee shall be entitled to a certain payment upon termination of his/her employment in accordance with paragraph 5 subparagraph 2. A termination payment shall also be due if the corporation fails to notify the employee and does not conclude another limited contract of employment or if the employment is terminated prematurely and for justified reasons by the employee or if the employee is unfairly dismissed. Such payment shall, in the case of a period exceeding five years from the beginning of the first employment, amount to one-twelfth of the remuneration received by the employee in the last three years preceding the termination of employment; in the case of a period exceeding ten years, it shall amount to one-ninth; in the case of a period exceeding fifteen years, to one-sixth; in the case of a period exceeding twenty years, to two-ninths, and in the case of a period exceeding twenty-five years, to onethird of such remuneration. Any termination payment that may be due in accordance with other provisions shall be counted towards such payment.

(7) The provisions of paragraph 6 shall not be applicable to contracts of employment for a limited period pursuant to paragraph 5 if the limited employment relationship between a member of the journalistic or programming staff as defined in paragraph 4 and the Austrian Broadcasting Corporation began for the first time after 31 December 2002 unless otherwise provided by an ordinance pursuant to § 46 paragraph 1 last sentence of the Corporate Staff and Self-Employment Provision Act, Federal Law Gazette I No. 100/2002.

(8) For free-lance workers of the Austrian Broadcasting Corporation pursuant to paragraph 4 and employees pursuant to paragraph 5, the contribution pursuant to § 6 of the Corporate Staff and Self-Employment Provision Act shall be paid irrespective of the duration and the date of the commencement or end of the employment relationship.

Editorial Agreement

§ 33. (1) For the purpose of safeguarding the principles laid down in § 32 paragraph 1 for the journalistic staff, an Editorial Agreement shall be concluded by the Austrian Broadcasting Corporation (a subsidiary) on the one hand, and a representative body of the journalistic staff elected in accordance with the principles of equal, direct and secret proportional representation on the other. Two representatives of the trade union for the journalistic staff and two representatives of the Central Staff Council, in the case of a subsidiary, two representatives of the staff council of the subsidiary, shall also participate in the negotiations conducted for concluding an Editorial Agreement.

(2) No Editorial Agreement has been reached, if - in a vote to be held within three weeks of the conclusion of the negotiations - a majority of the journalistic staff refuses to approve the result of the negotiations, which is to be published immediately after their conclusion. A period of at least three weeks must elapse between the conclusion of the negotiations and the date on which the Editorial Agreement becomes effective. As regards the voting rights in a ballot held on the results of the negotiations, paragraph 6 shall apply.

(3) The Editorial Agreement shall in particular contain detailed provisions for:

(4) The rights of the members of the Staff Council must not be affected by the Editorial Agreement, and the possibility provided for by law to bring the case before a court or administrative authority must not be affected by the establishment of the above-mentioned arbitration body.

(5) The responsibility to safeguard the rights of the journalistic staff emanating from the Editorial Agreement shall lie with the Editors' Spokesmen, the Editors' Committee and the Editors' Council, that are elected for a two-year term of office according to the following provisions: in every area of operation of the Austrian Broadcasting Corporation (regional studios, main departments) and a subsidiary, an assembly of the entire journalistic staff shall elect from among its members an Editors' Spokesman in accordance with the principles of proportional representation and in a secret ballot. If the respective area of operation comprises more than ten members of the journalistic staff, an additional Editors' Spokesman shall be elected each time the number exceeds a further ten journalists.

(6) A list of the journalistic staff entitled to vote shall be prepared and published by the Director General for each area of operation and, in the case of subsidiaries, by the executive or managing board, not later than eight weeks prior to the election. Persons claiming to have been wrongfully excluded from the list as well as persons entitled to vote who claim that other persons have been wrongfully included therein, may within a period of two weeks raise an objection to the list. Objections shall be determined by the regulatory authority within a further period of four weeks.

(7) The elected Editors' Spokesmen shall together form the Editors' Committee, which is to discharge the functions specified in the Editorial Agreement. The Editors' Committee shall adopt its own rules of procedure.

(8) The Editors' Committee may, in accordance with the principles of proportional representation, elect from among its members an Editors' Council and entrust it with certain single or recurrent tasks. The Editors' Council shall be responsible to the Editors' Committee.

(9) Experts and persons providing information as well as representatives of the competent trade union and the Central Staff Council, and, in the case of subsidiaries, representatives of the staff council, may attend the meetings of the Editors' Committee or Editors' Council in an advisory capacity if a resolution to that effect is passed by the Editors' Committee or Editors' Council in a majority vote either for single meetings or until the revocation of such a decision.

(10) The first election of the Editors' Spokesmen shall be announced by the elected representatives of the journalistic staff (paragraph 1), further elections shall be announced by the last elected Editors' Committee. At least ten weeks must have elapsed between the declaration and election day. The day of the declaration of the election shall also be the qualifying date regarding the right to vote.

(11) The staff council is entitled to challenge the termination of employment of a member of the journalistic staff before a court competent to determine matters of labour and social law if the employment has been terminated as a result of his/her activities as a member of the Editors' Committee or the Editors' Council or as a result of his/her application for such a position or previous activities in such a position. In addition, § 105 of the Labour Constitution Act shall apply mutatis mutandis.

(12) Resolutions by the Editors' Committee or the Editors' Council are to be communicated to the Director General and the Central Staff Council, in the case of subsidiaries, to the executive or managing board and the staff council.

(13) The Austrian Broadcasting Corporation or its subsidiary shall bear the required operating expenses incurred by the Editors' Committee or the Editors' Council in discharging the functions assigned to it by law or on the basis of the Editors' Agreement.

(14) In all elections and ballots involving the participation of the entire journalistic staff, absentee ballot shall be permissible.

Arbitration Tribunal

§ 34. (1) The Austrian Broadcasting Corporation and its subsidiaries as well as the respective Editors' Committee may terminate an Editors' Agreement in writing, giving six months’ notice. In the event of such termination, negotiations for the conclusion of a new Editors' Agreement shall commence without delay. The last elected Editors' Committee shall be entitled to conclude such an agreement on behalf of the staff.

(2) If by the end of the fourth month following the termination of the Editor's Agreement, a new Editors' Agreement has not been reached and become effective, the Arbitration Tribunal (paragraph 3) shall adopt an Editors' Agreement within six weeks.

(3) This Arbitration Tribunal shall consist of one member appointed by the Editors' Committee and another appointed by the Austrian Broadcasting Corporation or a subsidiary as well as of a chairman who is a jurist not employed by the corporation and is to be appointed by these two members of the Arbitration Tribunal within one week. If the two appointed members cannot agree on a chairman within one week, the regulatory authority shall appoint the chairman of the Arbitration Tribunal.

(4) An Editors' Agreement concluded in accordance with paragraph 2 shall cease to be effective as soon as a new Editors' Agreement has been negotiated and become effective. Part 8

Legal control

Regulatory authority

§ 35. (1) Supervision of the Austrian Broadcasting Corporation by the federal state shall be confined to supervision under the terms of this Federal Act, without prejudice to the reviewing control by the Court of Audit. Legal supervision shall be the responsibility of the regulatory authority. The regulatory authority shall also decide on objections raised pursuant to § 33 paragraph 6.

(2) The regulatory authority shall also be responsible for legal supervision of the activities of the subsidiaries of the Austrian Broadcasting Corporation in the light of their compliance with the provisions of this Federal Act.

(3) Unless otherwise provided, the regulatory authority within the meaning of this Federal Act is KommAustria.

Legal supervision

§ 36. (1) Apart from the cases specified in this Federal Act and in the KommAustria Act, the regulatory authority shall make decisions, unless such decisions fall within the competence of another administrative authority or a court of law, regarding violations of the provisions of this Federal Act, with the exception of the provisions of Part 5a, or regarding violations of the scope of a service concept, including any obligations imposed pursuant to § 6b paragraph 2,

(2) Support of a complaint under paragraph 1 subparagraph 1 (b) is to be proved by a list of signatures showing the identity of the persons supporting the complaint.

(3) Complaints shall be submitted within six weeks, and requests within six months, from the date of the alleged violation of this Federal Act. Complaints and requests that are manifestly unfounded shall be rejected without further proceedings.

(4) The Austrian Broadcasting Corporation shall record all its programmes and online services and keep them for at least ten weeks. If called upon to do so by the regulatory authority, it shall make available to the authority any recordings requested by it. Moreover, it shall grant any person who can prove a legal interest therein the right to inspect its recordings.

Decisions

§ 37. (1) The decisions of the regulatory authority shall consist of a finding as to whether and on the basis of which facts there has been a violation of a provision of this Federal Act.

(2) If the regulatory authority finds that there has been a violation of the ORF Act by one of the organs referred to in § 19, which still persists at the time of its finding, the regulatory authority may set aside the decision of the organ concerned. The organ concerned must without delay create a situation which corresponds to the legal view of the regulatory authority. If the organ concerned fails to comply with this obligation, the regulatory authority may dissolve the collegial body concerned or remove the organ concerned, notifying at the same time the Foundation Council or - in those cases where the violation of the ORF Act has been committed by the Foundation Council itself – the Federal Government thereof. In such a case, new appointments shall be made without delay for the organ concerned in accordance with this Federal Act.

(3) The regulatory authority shall determine complaints and requests without unreasonable delay, but not later than within six months from the date of receipt.

(4) The regulatory authority may rule that its decision be published and instruct the Austrian Broadcasting Corporation or a subsidiary at which time, in which form and on which channel or in which online service the publication shall be made.

Administrative penalties

§ 38. (1) Insofar as the following provisions apply to that person’s activities, any person who operates a channel, offers an on-demand service or provides an online service under this Federal Act and

(2) A person who acts contrary to § 38a paragraph 3, § 38b paragraph 2 or § 40 paragraph 5 commits an administrative offence and shall be liable to a fine of up to euro 36,000.

(3) There has been no administrative offence within the meaning of paragraph 1 if the deed constitutes an offence that is subject to the jurisdiction of an ordinary court of law or carries a severer sentence under other administrative penal provisions.

(4) Administrative penalties shall be imposed by the regulatory authority. The fines shall accrue to the Federal Government.

Recovery procedure

§ 38a. (1) Without prejudice to a decision pursuant to § 37 or § 38, the regulatory authority shall order, by administrative decision, that income from programme fees be recovered if the Austrian Broadcasting Corporation

(2) If recovery is ordered by an administrative decision, the Austrian Broadcasting Corporation shall transfer funds in the amount ordered to the blocked account pursuant to § 39c and shall state them separately. If the funds recovered in that manner exceed 0.5 per cent of the net costs of the public mandate, the Austrian Broadcasting Corporation shall redetermine programme fees not later than in the subsequent year pursuant to the provisions of § 31, and shall deduct the funds recovered pursuant to paragraph 1 from the net costs of the public mandate (§ 31 paragraph 5).

(3) The Austrian Broadcasting Corporation shall, at the regulatory authority’s request, make available to the authority all information, answer all its inquiries and allow the inspection of all books and records to the extent this is required to determine the amount to be recovered. If the regulatory authority is not able to determine or calculate the amount to be recovered on the basis of information, answers to inquiries, books or records, it shall estimate such amount. All circumstances of significance to the estimate shall be taken into account.

(4) The amount shall be estimated, in particular, if the Austrian Broadcasting Corporation does not submit books or records which it is required to keep by law or if the books and records are factually incorrect or contain deficiencies which are likely to cast doubt on the factual correctness of the books or records.

(5) Paragraph 1 subparagraph 2 shall not be applied if the behaviour fulfils the elements of Art. 102 of the Treaty on the Functioning of the European Union.

Recovery of enrichment

§ 38b. (1) If the regulatory authority finds that the Austrian Broadcasting Corporation has obtained an economic advantage by unlawfully acting contrary to the provisions of § 13 to §17, or the limit on income pursuant to § 18 paragraph 1 has been exceeded, the regulatory authority may determine an amount equalling the amount of the economic advantage obtained and declare it is to be recovered.

(2) The Austrian Broadcasting Corporation shall make available to the regulatory authority, at the authority’s request, all information, answer all its inquiries and allow the inspection of all books and records to the extent this is required to determine the amount to be recovered. If the regulatory authority is not able to determine or calculate the amount to be recovered on the basis of information, answers to inquiries, books or records, it shall estimate such amount. The estimate shall take into account all circumstances that are of significance to it.

(3) The amount recovered shall accrue to the federal state.

(2) Any annual surplus resulting from the annual financial statements shall be allocated to a separate reserve (dedicated reserve) after the allocation of funds to the reserves permissible under the income tax provisions, after the allocation of funds to a special reserve pursuant to § 39a or after taking into account the use of funds on the conditions of § 39b. The dedicated reserve may be used only for the fulfilment of the public mandate. It may also be used to cover losses resulting from the fulfilment of the public mandate and shall be used preferentially for that purpose.

(2a) The dedicated reserve shall be limited to the amount of 10 per cent of the costs budgeted for the fulfilment of the public mandate, calculated on the basis of the average of the annual costs budgeted in the preceding five years. Funds may be allocated to the dedicated reserve pursuant to paragraph 2 only until the amount specified in the first sentence has been reached. Any share of the annual surplus exceeding that amount shall be allocated to the blocked account pursuant to § 39c and shall be stated separately. If surpluses are allocated to the blocked account in that manner in three subsequent years, the Auditing Commission shall establish in the annual audit whether the amount of the programme fees corresponds to the actual financing needs of the Austrian Broadcasting Corporation. If this is not the case, the programme fees shall be redetermined pursuant to § 31 paragraph 1 of the ORF Act not later than in the following year.

(3) The disclosure of the annual financial statements and the management report and of the consolidated annual financial statements and the group management report shall be governed analogously by § 277, § 280 and § 281 of the Business Code.

(4) In accounting pursuant to paragraph 1, it must be guaranteed that the requirements of Commission Directive 80/723/EEC concerning the transparency of financial relations between the Member States and public undertakings as well as on financial transparency within certain undertakings, OJ No. L 193 of 29 July 2000, page 75, as amended by Directive 2005/81/EC, OJ No. L 312 of 29 November 2005, page 47, regarding the maintenance of separate books with a division of expenses and earnings according to business segments and with a detailed description of the method used to allocate expenses and earnings to the various business segments, are complied with and that

(5) The Austrian Broadcasting Corporation shall draft guidelines for maintaining separate accounts, which shall include the cost accounting principles pursuant to paragraph 4 and specific instructions as to how expenses and earnings shall be allocated to individual business segments. The guidelines for maintaining separate accounts shall be submitted to the Auditing Commission (§ 40) and the regulatory authority. The regulatory authority shall prohibit, by way of administrative decision, the guidelines for maintaining separate accounts within eight weeks of their submission if the guidelines do not comply with the provisions of this Act. Special reserve

§ 39a. (1) The creation of a special reserve by the Austrian Broadcasting Corporation shall be permitted only for specific projects of the following kind:

(2) At the time a special reserve is created, or at the time funds are allocated to such reserve, if this occurs later, the project shall be specifically described, and both its realisation and its total costs shall be sufficiently certain. A special reserve may be created not earlier than five years before the expected start of the realisation of the project.

(3) A special reserve appropriated for specific purposes may only be created if the anticipated total costs of the project concerned exceed the amount of euro 10 million; creation of such a reserve shall be permissible irrespective of the type of financing chosen for the project. The maximum amount of the special reserve shall be limited to the present value of the anticipated costs of the project, proof of which shall be provided; interest may not be included in the calculation.

(4) A special reserve shall be used exclusively for the purpose for which it was appropriated, affecting net income, at the same time as actual expenses are incurred, but not longer than for the duration of depreciation within the meaning of provisions under tax law. The premature use of the reserve for the purpose for which it was appropriated shall be possible at any time.

(5) The special reserve may be reversed only through the blocked account (§ 39c) if such reversal is not made for the purposes for which the reserve was appropriated. The reserve shall be reversed in any event if the reversal for the benefit of the project is not commenced within a maximum period of five years after the time which was specified as the anticipated commencement of the implementation of the project at the time the special reserve was created.

(6) The creation of, allocation of funds to and use or reversal of special reserves shall require the consent of the Foundation Council. Furthermore, the Auditing Commission and the regulatory authority shall be notified of the creation and reversal of an appropriated special reserve as soon as it becomes clear prior to the preparation of the annual financial statements that such a reserve will be created/reversed. Such measure shall be audited separately during the annual audit.

Preservation of equity

§ 39b. (1) If in the preceding business years, restricted to the current and preceding regular financing period, the equity capital of the Austrian Broadcasting Corporation has decreased due to losses from the fulfilment of the public mandate, the Austrian Broadcasting Corporation may increase its freely available equity capital for the fulfilment of the public mandate if without such an increase the continued fulfilment of the public mandate cannot be ensured in the medium term.

(2) For an increase, the following requirements shall be met:

(3) The evaluation of the need for an increase of the equity capital to ensure the continued fulfilment of the public mandate shall take into account both the risk of insolvency and overindebtedness.

(4) The following forms of an increase of the freely availably equity capital shall be permitted:

(5) The measures for the preservation of equity capital pursuant to paragraph 4 subparagraphs 1 to 3 shall be approved by the Foundation Council. Furthermore, the Auditing Commission and the regulatory authority shall be notified of the intended use of funds of the dedicated reserve in the cases of paragraph 4 subparagraph 1 as soon as it becomes clear prior to the preparation of the annual financial statements that such funds will be used. In the cases of paragraph 4 subparagraphs 2 and 3, an application for the implementation of the measure shall be filed with the regulatory authority. The regulatory authority shall establish, on the basis of an opinion by the Auditing Commission, whether and to what extent an increase is permissible and shall approve the measure if the statutory requirements have been met.

Blocked account

     § 39c. The Austrian Broadcasting Corporation shall keep a blocked account for the funds allocated pursuant to § 31 paragraph 6, § 38a, § 39 paragraph 2a and § 39a paragraph 5, and shall separately state such funds. The funds of the blocked account shall be used subject to the provisions of § 31 paragraph 5, § 38a paragraph 2 and § 39b paragraph 4.

Auditing Commission and annual audit

§ 40. (1) Notwithstanding the review by the Court of Audit, the annual financial statements and the management report as well as the consolidated annual financial statements and the group management report shall be audited by an Auditing Commission consisting of at least two members who shall jointly conduct the audit and submit a report on the result. If the members of the Auditing Commission reach different results, a special note shall be made of this in the audit report.

(2) The members of the Auditing Commission shall be appointed by the regulatory authority for a term of five business years. Only certified public accountants or accounting firms shall be eligible to be appointed as members of the Auditing Commission. When the members of the Auditing Commission are selected, care shall be taken that the certified public accountant or the accounting firm is structured in a manner that is required for efficiently auditing undertakings and groups of undertakings with similar sales volumes and have experience in auditing such undertakings and groups of undertakings. § 271 of the Business Code shall apply mutatis mutandis in all other respects to the selection of the members of the Auditing Commission, provided, however, that grounds for exclusion were given neither in the current nor in the preceding financing period. Members may not serve on the Auditing Commission for two subsequent terms of office. The Auditing Commission may impose upon itself rules of procedure. The members of the Auditing Commission shall be remunerated by the regulatory authority. § 270 paragraph 5 of the Business Code shall apply mutatis mutandis to remuneration. The regulatory authority shall demand payment from the Austrian Broadcasting Corporation of remuneration paid by it by means of an administrative decision.

(3) The Auditing Commission shall examine the annual financial statements, together with the accounting system, and the management report not later than three months after their date of submission. The subject matter and the scope of the audit shall be governed analogously by § 269 of the Business Code. Further, the audit shall also include the aspects of economy, efficiency and expediency of business practice and compliance of the accounting and business management with statutory rules, in particular § 8a, § 31c and § 39 to § 39b. For that purpose, the Auditing Commission shall inspect, on a random basis, the entire accounting records of the Austrian Broadcasting Corporation. Without prejudice to § 2 paragraph 3 second sentence, auditing powers shall also include checking the scope of activities of subsidiaries within the meaning of this provision and compliance with the restrictions of § 8a and § 31c paragraphs 2 and 3.

(4) The regulatory authority may make specific audit requests to the Auditing Commission at any time and also exceeding the annual audit.

(5) All organs and employees of the Austrian Broadcasting Corporation shall be required to grant the members of the Auditing Commission and the regulatory authority access to all documents and to provide the requisite information. For all other purposes, § 272 of the Business Code shall be applied analogously.

(6) The provisions of § 273 and § 274 of the Business Code concerning the audit report and audit certificate shall be applied mutatis mutandis. Furthermore, the report shall include information on all findings in connection with the audit pursuant to paragraph 3 third sentence. An audit report shall also be prepared if a specific audit is requested pursuant to paragraph 4. The audit report shall be submitted to the Director General and the Foundation Council for their opinion, to be given within four weeks, and then to the regulatory authority together with all opinions given. The audit reports and all documents which were the subject matter of an audit shall be kept for a minimum of three financing periods and held available for any subsequent checks.

(7) The members of the Auditing Commission shall not be subject to an obligation of secrecy vis-à-vis the regulatory authority. The members of the Auditing Commission shall provide all information and submit all documents to the regulatory authority which the regulatory authority needs to exercise its responsibilities imposed by law. In addition, the regulatory authority may use experts in exercising its auditing duties imposed by law.

Special audit

§ 41. (1) Any organ of the Foundation may request a special audit in order to review management procedures and the compliance with the purpose of the Foundation. For such a request by the Foundation Council or the Audience Council, a decision by a two-thirds majority is required.

(2) The court must order such a special audit if reliable evidence is presented that dishonest actions or gross violations of the law have occurred.

(3) The appointment of a special auditor may, at the request of a Foundation organ, be made subject to a reasonable security deposit. At the request of a Foundation organ, the court shall decide on the basis of the results of the special audit whether the costs are to be borne by the requesting parties or by the Foundation or divided between them on a pro-rata basis. If the request turns out to be unfounded following the result of the special audit and if the parties requesting it are found to have acted with intention or gross negligence, they shall be jointly liable to indemnify the Foundation for any damage resulting from the special audit.

(4) As regards all other aspects of the special audit and the appointment of a special auditor, § 40 paragraph 2 second to fourth sentences and paragraph 6 shall apply. In regard to the right to obtain information, § 40 paragraph 4 shall be applied. As regards measures to be taken in accordance with the present rules, jurisdiction shall be exercised in non-contentious proceedings by the Vienna Commercial Court. Part 10

Jurisdiction of the courts

Procedures

     § 42. Unless otherwise specified in this Federal Act, matters subject to court jurisdiction under this Federal Act shall be dealt with and decided by the Vienna Commercial Court in accordance with the Code of Civil Procedure.

Criminal provisions

     § 43. A prison term of up to two years or a fine of up to 360 daily rates shall be imposed on persons who, as member of a Foundation organ or as representative,

§ 44. (1) The current business entity by the name of "Oesterreichischer Rundfunk" (Austrian Broadcasting Corporation) shall be transformed into a public law foundation of the same name. This status-changing transformation shall be deemed completed as of 31 December 2001. From this date, the Austrian Broadcasting Corporation shall continue to exist as a foundation under public law, with the identity of the legal entity remaining unchanged.

(2) The status-changing transformation of the "Austrian Broadcasting Corporation" business entity into a public law foundation of the same name shall be registered in the Commercial Register by the Director General until 15 January 2002.

(3) The Director General shall present a transformation balance sheet in conformity with § 189 to § 216 of the Business Code by 31 December 2001. § 40 shall apply analogously.

(4) The transformation of the "Austrian Broadcasting Corporation" business entity into a public law foundation is exempted from all federal fees and taxes. The exemption from fee and tax duties also applies to changes of the land register entry of "Oesterreichischer Rundfunk GesmbH" into that of the "Austrian Broadcasting Corporation" Foundation.

(5) Contracts governing the advertising activities of programming or journalistic staff of the Austrian Broadcasting Corporation who, prior to the promulgation of this Federal Act, regularly presented other programmes (§ 13 paragraph 3) on radio and television channels of the Austrian Broadcasting Corporation, may be still be performed until 31 December 2002, after which date they shall be annulled. Terms of office

§ 45. (1) The term of office of the present Board of Trustees and the present Listeners' and Viewers' Representation of the Austrian Broadcasting Corporation ends on 31 December 2001. These organs shall continue to conduct business on an interim basis until the Foundation Council and the Audience Council are established in accordance with this Federal Act. The terms of office of the organs to be constituted under this Federal Act shall not commence before 1 January 2002, notwithstanding their appointment, election or constitution prior to that date.

(2) Preparations for the organisation and personnel-related measures required for the appointment of the members of the Foundation Council and the Audience Council, including the invitation to appoint members, may commence on the entering into force of the provisions of § 20a, § 21 paragraph 1 subparagraphs 2, 3 and 5, § 22 paragraph 1 first sentence and paragraph 2, § 23 paragraphs 2 subparagraphs 2 and 3, § 24, § 26, § 28, § 29b and of § 30 paragraph 1 subparagraph 2. Such preparatory measures shall be taken by the Federal Chancellor. To the extent that preparatory measures for the election of the Audience Council are necessary under § 28, they shall be taken by the Austrian Broadcasting Corporation.

(3) The members of the Audience Council and the Foundation Council shall be appointed without delay. The constitutive meeting of the Audience Council shall decide on the members of the Foundation Council to be appointed by the Audience Council. The constitutive meetings shall be convened by the present chairman of the Board of Trustees acting on behalf of the Foundation Council, by the present chairperson of the Listeners' and Viewers' Representation on behalf of the Audience Council, and for all other cases of reconstitution, by the chairperson presently in office on behalf of the organ concerned, and shall be chaired by these persons until another chair has been elected.

(4) The vacancy note for the post of Director General to be elected by the Foundation Council must be advertised without delay in the Official Gazette "Amtsblatt zur Wiener Zeitung" by the chairman of the Foundation Council. There shall be a deadline of four weeks to submit applications.

(5) The Foundation Council shall elect a Director General without delay and decide on his or her proposals for the distribution of business.

(6) The newly elected Director General shall ensure, with the consent of the Foundation Council, the publishing of vacancy notes for the posts of Directors and Regional Directors without delay. There shall be a deadline of four weeks to submit applications. The terms of office of the incumbent managers, Directors (including that of the director of the foreign news service) and Regional Directors end with the appointment of new Directors and Regional Directors pursuant to this Federal Act.

(7) The incumbent Director General shall conduct business until the start of the term of office of the newly elected Director General.

Execution

§ 46. (1) The task of executing this Federal Act, to the extent that it is not within the purview of the Federal Government and also subject to the Federal Ministries Act of 1986, Federal Law Gazette No. 76, shall be entrusted to the Federal Chancellor, the Federal Minister of Finance, the Federal Minister of Justice, the Federal Minister of Transport, Innovation and Technology and the Federal Minister of Social Security and Generations.

(2) The task of preparing and implementing the decisions of the Federal Government shall be discharged by the Federal Chancellor.

(3) Proceedings pending before the Commission for the Preservation of the Broadcasting Act at the time of the entering into force of the Federal Act published in Federal Law Gazette I No. 32/2001 shall be carried on and settled by the Commission pursuant to the provisions of the Broadcasting Act, Federal Law Gazette No. 379/1984, as amended by Federal Law Gazette I No. 49/2000. Note of implementation

§ 47. (1) With this Federal Act, the Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), OJ No. L 95 of 15 April 2010, page 1, shall be implemented. This Federal Act was notified in compliance with Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ No. L 204 of 21 July 1998, page 37, last amended by Directive 2006/96/EC, OJ No. L 363 of 20 December 2006, page 81 (notification number 2010/136/A).

(2) With this Federal Act, the Directive 98/27/EC on injunctions for the protection of consumers’ interests, OJ No. L 166 of 11 June 1998, page 51, last amended by Directive 2006/123/EC, OJ No. L 376 of 27 December 2006, page 36, is implemented.

(3) With this Federal Act, Commission Directive 80/723/EEC on the transparency of financial relations between the Member States and public undertakings as well as on financial transparency within certain undertakings, OJ No. L 193, of 29 July 2000, page 75 as amended by Directive 2005/81/EC, OJ No. L 312 of 29 November 2005, page 47 is implemented.

Applicability of other federal laws

§ 48. (1) To the extent that this Federal Act contains references to other federal laws, the latter shall be applied in accordance with their most recent version.

(2) The performance of broadcasting activities under this Federal Act shall not be subject to the 1994 Trade and Industry Act.

(3) The Private Foundation Act, Federal Law Gazette No. 654/1993, and the Federal Foundation and Fund Act, Federal Law Gazette No. 11/1975, shall not be applicable to the "Austrian Broadcasting Corporation" Foundation.

(4) The provisions of the Labour Constitution Act, Federal Law Gazette No. 22/1974, concerning matters of group representation shall be applicable to the Austrian Broadcasting Corporation.

(5) The Austrian Broadcasting Corporation as an employer shall have full capacity to enter into collective bargaining agreements. The Central Staff Council of the Austrian Broadcasting Corporation shall have full capacity to enter into collective bargaining agreements.

(6) Unless otherwise provided in this Federal Act, the Media Act, Federal Law Gazette No. 314/1981, and the E-Commerce Act, Federal Law Gazette I No. 152/2001, as well as the provisions on advertising of the Medicines Act, Federal Law Gazette No. 185/1983, the Act on Medical Devices, Federal Law Gazette No. 657/1996, and the restrictions on advertising in the legal provisions governing the exercise of health care professions shall remain unaffected.

Entering into effect

§ 49. (1) The title and provisions of § 20a, § 21 paragraph 1 subparagraphs 2, 3 and 5, § 22 paragraph 1 first sentence and paragraph 2, § 23 paragraph 2 subparagraphs 2, 3 and 10, § 24, § 26, § 28, § 29b, § 30 paragraph 1 subparagraph 2, § 44 and § 45 as amended by Federal Law Gazette I No. 83/2001 shall enter into effect on 1 August 2001.

(2) The other provisions shall enter into effect on 1 January 2002. At the same time, § 2a, § 2b, § 2c, § 2d, § 3a, § 5a to § 5h, § 20, § 29 and § 29a as amended by Federal Law Gazette I No. 32/2001 cease to apply.

(3) As of 1 January 2002, § 20a shall be designated to as "§ 20" and § 29b as "§ 29".

(4) § 32 paragraphs 6 to 8 as amended by the Federal Act promulgated in Federal Law Gazette I No. 100/2002 shall enter into effect on 1 January 2003 unless otherwise provided by an ordinance pursuant to § 46 paragraph 1 of the Corporate Staff and Self-Employment Provision Act.

(5) § 36 paragraphs 1 and 6 as amended by the Federal Act promulgated in Federal Law Gazette I No. 97/2004 shall enter into effect on 1 August 2004. The provisions of § 36 paragraphs 1 and 6 as amended by the Federal Act promulgated in Federal Law Gazette I No. 100/2002 shall be applied to proceedings instituted before the Federal Communications Board before the entering into effect of the Federal Act promulgated in Federal Law Gazette I No. 97/2004.

(6) § 3, § 9a, § 14 and § 17 as amended by the Federal Act promulgated in Federal Law Gazette I No. 159/2005 shall enter into effect on 1 January 2006.

(7) § 1, § 3, § 9, § 9b, § 15, § 20, § 21, § 26, § 28, § 39, § 40 and § 43 including their headings as amended by the Federal Act promulgated in Federal Law Gazette I No. 52/2007 shall enter into effect on 1 August 2007.

(8) § 32 paragraph 8 as amended by the Federal Act promulgated in Federal Law Gazette I No. 102/2007 shall enter into effect on 1 January 2008.

(9) § 1 to § 21, § 23, § 26, § 28, § 30 to § 31, § 31b to § 40 and § 47 to § 50, including the names of the parts, headings of the parts, names of the sections and headings of the sections as amended by the Federal Act promulgated in Federal Law Gazette I No. 50/2010, shall enter into effect on 1 October 2010. § 16, as amended by the Federal Act Federal promulgated in Law Gazette I No. 50/2010, shall only apply to programmes produced after 19 December 2009. The provision of § 24 paragraph 2, as amended by the Federal Act promulgated in Federal Law Gazette I No. 50/2010, shall enter into effect on 1 January 2012. Transitional provisions

§ 50. (1) For the special-interest channel for sports pursuant to § 4b, the Austrian Broadcasting Corporation shall submit to the regulatory authority a service concept (§ 5a) for the first time not later than six months after the Federal Act promulgated in Federal Law Gazette I No. 50/2010 has entered into effect. The special-interest channel for sports may be provided in any event until then and until expiry of the period following submission of the service concept mentioned in § 5a paragraph 2. Within the limits of § 4b, no prior evaluation shall be required for the special-interest channel for sports.

(2) For online services pursuant to § 4e which were already provided by the Austrian Broadcasting Corporation by 31 January 2008 or newly created or amended by the Austrian Broadcasting Corporation between 31 January 2008 and the entering into effect of the Federal Act promulgated in Federal Law Gazette I No. 50/2010, the Austrian Broadcasting Corporation shall submit to the regulatory authority service concepts (§ 5a) for the first time not later than six months after the Federal Act promulgated in Federal Law Gazette I No. 50/2010 has entered into effect. In this period, the Austrian Broadcasting Corporation may continue to provide such online services. No prior evaluation shall be required for such services.

(3) The following transitional provisions shall apply to online services pursuant to § 4f:

(4) The Austrian Broadcasting Corporation shall prepare the guidelines for maintaining separate accounts pursuant to § 39 paragraph 5 within 12 months after the Federal Act promulgated in Federal Law Gazette I No. 50/2010 has entered into effect. The measures required for the separation in organisational and financial terms pursuant to § 8a shall be completed by 31 December 2010.

(5) The provisions of Part 9 as amended by the Federal Act promulgated in Federal Law Gazette I No. 50/2010 shall be applied to the preparation of the annual financial statements and consolidated annual financial statements for 2010. In respect of the auditing criteria, consideration shall be given to the transitional period mentioned in the above paragraph.

(6) Upon the entering into effect of this Federal Act as amended by the Federal Act promulgated in Federal Law Gazette I No. 50/2010, the Auditing Commission last appointed pursuant to § 40, as amended by the Federal Act promulgated in Federal Law Gazette I No. 159/2005, shall be deemed dissolved.

(7) The Austrian Broadcasting Corporation shall submit the notifications provided for in § 3 paragraphs 4a, 6 and 7 and § 5 paragraphs 1 and 4 as amended by the Federal Act promulgated in Federal Law Gazette I No. 50/2010 not later than six months after the Federal Act promulgated in Federal Law Gazette I No. 50/2010 was promulgated.