Fundamental Rights Section 2.6.2 B. Execution of the Law 2.6.2.1 Rejection of applications for exemption from the TV and Radio receiver fee on unsubstantiated grounds (VA BD/123-V/04, 313-V/06 a.o.) Applications for exemption for TV and Radio receiver fees are regularly rejected in official notifications by the Gebühren Info Service (Radio and TV Fee Information Service) on the unsubstantiated ground that the household’s income exceeds the upper limit for eligibility. The VfGH has consistently ruled that official notifications founded on unsubstantiated grounds are deficient to an extent that violates constitutionally guaranteed rights. (cf. Verfassungssammlung des Österreichischen Verfassungsgerichts (VfSlg. – Collected Judgments of the Austrian Constitutional Court) (see VfSlg. 16.334/2001, 16.439/2002 and 16.607/2002). Such official notifications violate the constitutional right of equality of all citizens before the law. As outlined in the 28th Report of the Ombudsman Board to the National Council and the Federal Council (p. 323 et seq.), the official notifications of the Gebühren Info Service (TV and Radio Fee Information Service) reject any applications for exemption based on the fact that statutory requirements are not met, whereby it remains unclear for the addressee of the notification on which determinations of fact the official notifications of Gebühren Info Service (TV and Radio Fee Information Service) are based. This is just the sort of bogus justification that the VfGH considers as a violation of the fundamental right of all citizens to stand equal before the law. In its recommendation dated July 9, 2004, the Ombudsman Board determined that this practice amounts to a grievance in the public administrative system. At the same time, the Ombudsman Board recommended that the Finance Ministry take immediate action to ensure that the Gebühren Info Service (TV and Radio Fee Information Service) amends its method of communicating the rationale for its official notifications to align it with the statutory requirements of Sects. 58 para. 6 and Sect. 60 of the AVG (Allgemeines Verwaltungsverfahrensgesetz - General Administrative Procedure Act) of 1991 and ensure the constitutionally granted right of all citizens to stand equal before the law in accordance with the case law of the VfGH. Although the Federal Ministry of Finance guaranteed in its communication dated September 7, 2004 to implement this recommendation and stated in its communication dated June 54