Telecommunications Act (TKG)

Unofficial table of contents

TKG

Date of completion: 22.06.2004

Full quote:

" Telecommunications Act of 22 June 2004 (BGBl. 1190), most recently by Article 22 of the Law of 25 July 2014 (BGBl. 1266).

Status:

Last amended by Art. 22 G v. 25.7.2014 I 1266

For more details, please refer to the menu under Notes
The law is designed to implement the following guidelines:

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 27.4.2002, p. EC No 33); Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 27.4.2002, p. EC No 21); Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 108, 27.4.2002, p. EC No 7); Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users ' rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 25.4.2002, p. EC No 51) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Data Protection Directive) (OJ L 108, 25.4.2002, p. EC No L 201 p. 37).

Footnote

(+ + + Text evidence from: 26.6.2004 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGRL 21/2002 (CELEX Nr: 302L0021) 
 ERL 20/2002 (CELEX Nr: 302L0020) 
 ERL 19/2002 (CELEX Nr: 302L0019) 
 EGRL 22/2002 (CELEX Nr: 302L0022) 
 ERL 58/2002 (CELEX Nr: 302L0058)  G v. 3.5.2012 I 958 + + +) 

  

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Content Summary

Part 1
General provisions
§ 1	Purpose of the law
§ 2	Regulation, objectives and principles
§ 3	Definitions
§ 4	International reporting obligations
§ 5	Media of publication
§ 6	Reporting obligation
§ 7	Structural Separation
§ 8	International Status
Part 2
Market regulation
Section 1
Procedures for market regulation
§ 9	Principle
§ 9a	(dropped)
§ 10	Market Definition
§ 11	Market Analysis
§ 12	Consultation and consolidation procedures
§ 13	Legal consequences of market analysis
§ 14	Review of market definition, market analysis and regulation
§ 15	Procedures for other market-relevant measures
Section 15a	Regulatory approaches and request for information on the regulatory framework for next-generation networks
Section 2
Access Regulation
§ 16	Contracts for interconnection
§ 17	Confidentiality of information
§ 18	Control of access to end-users
§ 19	Non-discrimination
§ 20	Transparency obligation
Section 21	Access obligations
Section 22	Access agreements
Section 23	Default Offering
§ 24	Separate accounts
Section 25	Arrangements by the Federal Network Agency
Section 26	Publication
Section 3
Rate regulation
Subsection 1
General provisions
§ 27	Objective of the regulation
§ 28	Abusive conduct of a company with significant market power in the claim and agreement of charges
§ 29	Arrangements within the framework of the fee regulation
Subsection 2
Regulation of charges for access services
§ 30	Rate regulation
Section 31	Release Approval
Section 32	Cost of efficient service delivery
§ 33	Price Cap Procedure
Section 34	Cost documentation
§ 35	Procedure for the approval of the charges
§ 36	Publication
Section 37	Deviation from approved charges
§ 38	Subsequent regulation of charges
Subsection 3
Regulation of charges for end-user benefits
§ 39	Regulation of charges in the case of end-user services
Section 4
Other commitments
§ 40	Functional separation
Section 41	Voluntary separation by a vertically integrated company
§ 41a	Net neutrality
Section 5
Special control of abuse
§ 42	Abusive behaviour of a company with significant market power
Section 43	Benefit levy by the Federal Network Agency
Part 3
Customer protection
§ 43a	Contracts
Section 43b	Contract Period
Section 44	Claim for damages and omission
Section 44a	Liability
§ 45	Consideration of the interests of disabled end-users
§ 45a	Use of land
§ 45b	Interference Service
§ 45c	Standards-based technical service
§ 45d	Network access
§ 45e	Claim for Individual Connection Evidence
§ 45f	Prepaid Performance
§ 45g	Connection Price Calculation
§ 45h	Invoice content, partial payments
§ 45i	Criticisms
§ 45j	Obligation to pay compensation in the event of incorrect connection
§ 45k	Lock
Section 45l	Permanent debt ratios for short-term services
§ 45m	Inclusion in public directories
§ 45n	Transparency, publication of information and additional service characteristics for cost control
§ 45o	Call Number Abuse
§ 45p	Claim for information on additional services
Section 46	Provider Change and Move
§ 47	Provision of participant data
Section 47a	Mediation
§ 47b	Divergent Agreements
Part 4
Broadcast transmission
§ 48	Interoperability of television sets
§ 49	Interoperability of transmission of digital television signals
§ 50	Access authorization systems
Section 51	Dispute settlement
Part 5
Allocation of frequencies, numbers and rights of way
Section 1
Frequency order
Section 52	Tasks
Section 53	Frequency allocation
§ 54	Frequency Usage
§ 55	Frequency allocation
§ 56	Orbital positions and frequency exploits by satellites
Section 57	Frequency allocation for radio, aeronautics, shipping, inland waterways and safety-related radio applications
Section 58	Common spectrum use, testing of innovative technologies, short-term frequency requirements
§ 59	(dropped)
§ 60	Components of the frequency allocation
Section 61	Procurement procedure
Section 62	Flexibility
§ 63	Revocation of frequency allocation, renunciation
Section 64	Monitoring, arrangement of decommissioning
Section 65	Limitation of frequency allocation
Section 2
Numbering
Section 66	Numbering
§ 66a	Price
§ 66b	Price announcement
§ 66c	Price display
§ 66d	Price ceilings
§ 66e	Connection Entry
§ 66f	Dialers (dialers)
§ 66g	Queue
§ 66h	Withdrawal of the fee
§ 66i	Claim to information, database for (0) 900er numbers
§ 66j	R-talks
§ 66k	Call number transfer
§ 66l	International pay-free telephone service
§ 66m	Prohibition of circumcration
Section 67	Powers of the Federal Network Agency
Section 3
Weequitable
Section 68	Principle of the use of public roads
Section 69	Transfer of the Weequitable
Section 70	Shared use
Section 71	Inspection of road maintenance and the purpose of the dedication
Section 72	Bid Change
Section 73	Sparing of the tree plantings
Section 74	Special installations
§ 75	Subsequent special installations
Section 76	Impairment of land and buildings
Section 77	Replacement claims
§ 77a	Joint use of infrastructure by operators of public telecommunications networks
Section 77b	Alternative infrastructures
Section 77c	Co-use of federal highways in the federal construction load
Section 77d	Co-use of federal waterways
Section 77e	Co-use of railway infrastructure
Part 6
Universal service
Section 78	Universal services
§ 79	Affordability of charges
§ 80	Obligation to provide universal service
§ 81	Imposition of universal service obligations
Section 82	Compensation for universal services
Section 83	Universal service levy
Section 84	Availability, unbundling and quality of universal services
§ 85	Performance Settings
§ 86	Security benefits
Section 87	Revenue reporting
Part 7
Telecommunications secrecy, data protection, public security
Section 1
Telecommunications secrecy
Section 88	Telecommunications secrecy
§ 89	Prohibition of interception, obligation of confidentiality of the operators of reception facilities
§ 90	Misuse of transmission or other telecommunications equipment
Section 2
Data protection
Section 91	Scope
§ 92	(dropped)
Section 93	Information requirements
Section 94	Consent in electronic procedure
§ 95	Contract relationships
§ 96	Traffic data
Section 97	Payment of charges and settlement of charges
Section 98	Location Data
§ 99	Single Connection Evidence
§ 100	Disruption of telecommunications equipment and abuse of telecommunications services
§ 101	Communicate incoming connections
Section 102	Call number display and suppression
Section 103	Automatic call forwarding
Section 104	Subscriber directories
Section 105	Exchange of information
Section 106	Telegram service
Section 107	Intermediate-storage messaging systems
Section 3
Public security
Section 108	Emergency call
§ 109	Technical protection measures
Section 109a	Data security
§ 110	Implementation of surveillance measures, issue of information
Section 111	Data for requests for information from the security authorities
Section 112	Automated information procedure
Section 113	Manual enquiry procedure
§ 113a	Data storage obligations
§ 113b	Use of the data stored in accordance with § 113a
Section 114	Requests for information from the Federal Intelligence Service
§ 115	Control and enforcement of commitments
Part 8
Federal Network Agency
Section 1
Organization
Section 116	Tasks and powers
Section 117	Publication of instructions from the Federal Ministry of Economics and Technology
Section 118	(dropped)
§ 119	(dropped)
§ 120	Tasks of the Advisory Council
Section 121	Activity Report
§ 122	Annual report
§ 123	Cooperation with other authorities at national level
Section 123a	Cooperation with other authorities at the level of the European Union
Section 123b	Provision of information
Section 124	Mediation
§ 125	Scientific advice
Section 2
Powers
§ 126	Untersagung
§ 127	Request for information
§ 128	Investigations
Section 129	Seizure
§ 130	Provisional arrangements
Section 131	Conclusion of the procedure
Section 3
Procedure
Subsection 1
Complaints chambers
Section 132	BeschlusskammerDecisions
§ 133	Other disputes between undertakings
Section 134	Introduction, participant
§ 135	Hearing, oral proceedings
Section 136	Business or business secrets
Subsection 2
Court proceedings
Section 137	Legal remedies
§ 138	Obligation to submit and provide information to the Federal Network Agency
Section 138a	Information system on legal remedies
Section 139	Participation of the Federal Network Agency in the case of civil litigation
Subsection 3
International tasks
§ 140	International tasks
Section 141	Recognised clearing house for the maritime transport sector
Part 9
Charges
Section 142	Fees and expenses
Section 143	Frequency Usage Contribution
Section 144	(dropped)
§ 145	Costs of out-of-court dispute settlement procedures
Section 146	Cost of the preliminary procedure
Section 147	Communication from the Federal Network Agency
Part 10
Criminal and penal rules
§ 148	Criminal provisions
§ 149	Fines
Part 11
Transitional and final provisions
Section 150	Transitional provisions
Section 151	Amendment of other legislation
Section 152	Entry into force, external force

Part 1
General provisions

Unofficial table of contents

§ 1 Purpose of the Law

The purpose of this law is to promote competition in the field of telecommunications and efficient telecommunications infrastructures by means of technology-neutral regulation and to provide adequate and adequate services in a comprehensive manner. . Unofficial table of contents

§ 2 Regulation, objectives and principles

(1) The regulation of telecommunications is a sovereign task of the federal government. (2) The objectives of regulation are:

1.

the protection of users, in particular consumer interests in the field of telecommunications, and the protection of telecommunications secrecy. The Federal Network Agency promotes the possibility of end-users to retrieve and disseminate information or to use applications and services of their choice. The Federal Network Agency shall take into account the needs of certain social groups, in particular disabled users, elderly people and persons with special social needs,

2.

ensuring that competitive markets in telecommunications services and networks, as well as their associated facilities and services, are promoted in a competitive and competitive way in the telecommunications sector and in the area. In this regard, the Federal Network Agency shall also ensure that users, including disabled users, older persons and persons with special social needs, have the greatest possible benefit in terms of choice, prices and quality. . It ensures that there are no distortions of competition or restrictions in the field of telecommunications, including the provision of content,

3.

to promote the development of the internal market of the European Union,

4.

ensuring universal universal service provision in urban and rural areas with telecommunications services (universal services) at affordable prices,

5.

the acceleration of the development of high-capacity public telecommunications networks of the next generation,

6.

the promotion of telecommunications services in the public sector,

7.

ensuring efficient and interference-free use of spectrum, also taking into account the needs of broadcasting,

8.

ensuring efficient use of numbering resources,

9.

the protection of the interests of public security.

The Bundesnetzagentur shall, in pursuit of the objectives set out in paragraph 2, apply objective, transparent, non-discriminatory and proportionate regulatory principles by, inter alia:

1.

promote the predictability of regulation by maintaining a single regulatory approach through appropriate review periods,

2.

ensure that operators of telecommunications networks and providers of telecommunications services are not discriminated against under comparable circumstances,

3.

protect competition for the benefit of consumers and, where appropriate, promote infrastructure-based competition,

4.

promote efficient investment and innovation in new and improved infrastructures, including by ensuring that any access obligation takes due account of the risk of investing companies, and that it allows for different cooperation arrangements to share the investment risk between investors and access covings, while at the same time ensuring that competition on the market and the principle of non-discrimination,

5.

the various conditions relating to competition and consumers in the various geographical areas within the Federal Republic of Germany are duly taken into consideration and

6.

Regulatory ex-ante obligations are imposed only if there is no effective and sustainable competition, and these obligations are loosened or raised as soon as there is such competition.

(4) The provisions of the Act against restrictions of competition shall continue to apply, unless otherwise expressly provided for by this Act. The tasks and responsibilities of the antitrust authorities remain unaffected. (5) The sovereign rights of the Federal Ministry of Defence remain unaffected. (6) The interests of broadcasting and comparable telemedia are independent of the nature of the to take account of the transfer. The media law provisions of the countries remain unaffected. Unofficial table of contents

§ 3 Definitions

For the purposes of this law,

1.

"call" means a connection established via a publicly available telecommunications service, which allows for two-way voice communication;

2.

"Application programming interface" means the software interface between applications made available by broadcasters or service providers and the connections in the extended digital television receivers for digital television and broadcasting services;

2a.

"Information services" means services which can be reached at any time by telephone at any time by telephone, in particular call number 118, which are used exclusively for the neutral transmission of telephone number, name, address and additional information from telecommunications users. The transfer to an interviewed participant or service may be part of the information service;

3.

"stock data" means data of a participant which is collected for the justification, content, modification or termination of a contractual relationship via telecommunications services;

4.

"significant market power" means one or more undertakings where the conditions laid down in Article 11 (1) (3) and (4) are met;

4a.

"operator selection" means the access of a subscriber to the services of all directly interconnected providers of publicly available telecommunications services in the individual selection procedure by selecting a measure;

4b.

"operator preselection" means the access of a subscriber to the services of all directly interconnected providers of publicly available telecommunications services by pre-set pre-selection, with the subscriber having different presets for local and long-distance connections, and for each call, the pre-selection can be passed by selecting an operator code;

5.

"additional benefit service" means any service which requires the collection and use of traffic data or location data to an extent necessary to the extent necessary for the transmission of a message or for the payment of a payment of such data; ;

6.

"service providers" means any person who, in whole or in part, is acting in business

a)

telecommunications services, or

b)

is involved in the provision of such services;

7.

"digital television receiver" means a television set with an integrated digital decoder or a digital decoder which can be connected to a television set for the purpose of using digitally transmitted television signals with additional signals, including a television signal. access authorization, may be enriched;

7a.

"Specific Directives"

a)

Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 201, 31.7.2002, p. 21), which was last amended by Directive 2009 /140/EC (OJ L 108, 24.4.2009, p. OJ L 337, 18.12.2009, p. 37);

b)

Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 201, 31.7.2002, p. 7), which was last amended by Directive 2009 /140/EC (OJ L 108, 24.4.2009, p. OJ L 337, 18.12.2009, p. 37);

c)

Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users ' rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 201, 31.7.2002, p. 51), as last amended by Directive 2009 /136/EC (OJ L 108, 24.4.2009, p. OJ L 337, 18.12.2009, p.

d)

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) 1. 37), as last amended by Directive 2009 /136/EC (OJ L 327, 30.12.2009, p. OJ L 337, 18.12.2009, p.

8.

"end-users" means a user who does not operate public telecommunications networks and does not provide publicly available telecommunications services;

8a.

"pay-free telephone services" means services, in particular the telephone number range (0) 800, where the call termination is not paid by the caller;

8b.

"Service services" means services, in particular the telephone number range (0) 180, which are to be achieved nationwide for uniform remuneration;

9.

"spectrum use" means any desired transmission or emission of electromagnetic waves between 9 kHz and 3 000 GHz for use by radio services and other applications of electromagnetic waves;

9a.

"frequency allocation" means the designation of a specific frequency range for use by one or more radio services or by other applications of electromagnetic waves, if necessary with further provisions;

9b.

"shared access to the local loop" means the provision of access to the local loop or to the sub-section in such a way as to allow the use of a certain part of the capacity of the network infrastructure, such as a part of the frequency or Equivalent, is made possible;

9c.

"BEREC" means the Body of European Regulators for Electronic Communications;

10.

"commercial provision of telecommunications services" means the sustainable supply of telecommunications to third parties with or without profit-making intent;

10a.

(dropped)

11.

"customer cards" means cards which can be used to establish telecommunication connections and to collect personal data;

11a.

"Short-dial Data Services" means short-dial services that are used to transmit non-voice-based content by means of telecommunications and which are not telemedia;

11b.

"Short-dial Services" means services which have the characteristics of a premium service but use a special type of number with short numbers;

11c.

"Kurzwahl-Sprachdienste" ("Kurzwahl-Sprachdienste") "Short-dial services", where the communication is based on language

11d.

"mass transport services" means services, in particular the call number range (0) 137, which are characterized by a high traffic volume in one or more short time intervals with a short duration of occupancy to a destination with limited interrogation capacity;

12.

"sustainably competitive market" means a market where competition is secured in such a way as to exist without sector-specific regulation;

12a.

"network termination point" means the physical point at which a subscriber is provided access to a telecommunications network; in networks in which a switch or routing determination is made, the network termination point shall be determined by a specific network termination point. Network address, which may be linked to the number or name of a participant;

12b.

"novel services" means services, in particular the numbering range (0) 12, where numbers are used for a purpose for which no other telephone number room is available;

13.

"numbers" means strings used in telecommunication networks to address the purposes of addressing;

13a.

"number type" means the totality of all numbers of a number room for a given service or a specific technical address;

13b.

"Number Range" means a subset of the number room that is provided for a number type;

13c.

"number room" means the totality of all the numbers used for a particular type of addressing;

13d.

"Number part range" is a subset of a number range;

14.

"user" means any natural or legal person who uses or requests a publicly available telecommunications service for private or business purposes without necessarily being a participant;

15.

"public coin and card telephone" means a telephone which is available to the general public and used as a means of payment, including coins, credit cards and debit cards or credit cards, including those with dialling code ,

16.

"public telephone network" means a telecommunications network which is used to provide the publicly available telephone service and, in addition, other services such as telefax or remote data transmission and functional Internet access ,

16a.

"public telecommunications network" means a telecommunications network which is intended to provide, in whole or in part, the provision of publicly available telecommunications services which enable the transmission of information between network termination points;

17.

"publicly available telephone service" means a service which is available to the public, directly or indirectly through one or more numbers of a national or international telephone numbering plan or of another addressing scheme, the service provided to the public The following discussions are possible:

a)

domestic and incoming domestic calls, or

b)

from-and incoming domestic and international calls;

17a.

"publicly available telecommunications services" means telecommunications services available to the public;

17b.

"premium services" means services, in particular call number ranges (0) 190 and (0) 900, where, in addition to the telecommunications service, a further service is provided which, together with the caller, together with the caller, is provided with the Telecommunications service is billed and is not attributable to another number type;

18.

"phone number" means a number which can be used to establish a connection to a specific destination in the publicly available telephone service;

18a.

"call number range" means a set of numbers of the public telephone network number of numbers provided for a number type;

19.

"location data" means data collected or used in a telecommunications network or by a telecommunications service, indicating the location of the terminal of an end-user of a publicly available telecommunications service;

19a.

"subsection" means a sub-component of the local loop which links the network termination point at the subscriber's location to a concentration point or a fixed intermediate access point of the public fixed network;

20.

"participant" means any natural or legal person who, with a provider of publicly available telecommunications services, has concluded a contract for the provision of such services;

21.

"local loop" means the physical link to which the network termination point is connected in the premises of the participant with the main distribution nodes or with an equivalent facility in fixed public telephone networks;

22.

"telecommunications" means the technical process of transmitting, transmitting and receiving signals by means of telecommunications equipment;

23.

"telecommunications equipment" means technical equipment or systems capable of transmitting, transmitting, imparting, receiving, controlling or controlling identifiable electromagnetic or optical signals as messages;

24.

"telecommunications services" means services normally provided for remuneration, which consist wholly or primarily in the transmission of signals via telecommunications networks, including transmission services in broadcasting networks;

25.

"telecommunications-based services" means services that do not trigger a spatially and temporally separable flow of power, but where the content performance is still satisfied during the telecommunications connection;

26.

"telecommunications lines" means a telecommunications cable system operated under-or above-ground, including its associated switching and branching devices, masts and supports, cable ducts and cable duct tubes;

27.

"telecommunications network" means the totality of transmission systems and, where appropriate, switching and routing equipment and other resources, including non-active network components, which are used to transmit signals via cable, radio, optical and other electromagnetic devices, including satellite networks, fixed, line-and packet-switched networks, including the Internet, and mobile terrestrial networks, power line systems, as far as they are concerned, signal transmission is used, networks for hearing and television and cable television networks, irrespective of the type of information transmitted;

28.

"transmission path" means telecommunication systems in the form of cable or radio links with their transmission equipment as point-to-point or point-to-multipoint connections with a specific information throughput capacity (bandwidth or bitrate), including their terminating equipment;

29.

"undertaking" means the undertaking itself or undertakings associated with it within the meaning of Article 36 (2) and Article 37 (1) and (2) of the Law on Competition Restrictions;

30.

"traffic data" means data collected, processed or used in the course of the provision of a telecommunications service;

30a.

"violation of personal data protection" means a breach of data security resulting in the loss, erasure, alteration, storage, transfer or other unlawful use of personal data, which shall be transferred, stored or otherwise processed in connection with the provision of publicly available telecommunications services and unlawfully access thereto;

30b.

"fully unbundled access to the local loop" means the provision of access to the local loop or to the sub-section in such a way as to enable the use of the total capacity of the network infrastructure;

30c.

"queuing" means any device or business practice used by the user of a telecommunications service to receive or maintain calls without handling the caller's concern. This includes the period of call setup from the connection of the caller to the point in time when the caller is started to work on, whether this is via an automated dialogue or by a personal processing is done. An automated dialog will begin as soon as information is automatically polled that is required to process the intake. A personal processing of the intake begins as soon as a natural person receives and processes the call. This includes querying information that is required for editing the intake. Furthermore, the time span is to be regarded as a waiting loop, which elapse on the occasion of a forwarding between completion of the preceding processing of the application and the further processing without the call being technically interrupted. No queuing are automatic prompts if the service for the caller is recognizable only in a band announcement before making the connection;

31.

"effective competition" means the absence of significant market power within the meaning of Article 11 (1) (3) and (4);

32.

"access" means the provision of facilities or services to another undertaking, subject to certain conditions, for the purpose of the provision of telecommunications services, including the use of such services for the provision of services of the Information society or broadcasting content services. Among other things, this includes:

a)

Access to network components, including non-active network components, and associated facilities, including the fixed or non-fixed attachment of devices. This shall include, in particular, access to the local loop and to facilities and services required to provide services through the local loop, including access to the connection and enabling the subscriber switching of the subscriber and information and data necessary for this purpose and for the interference suppression;

b)

Access to physical infrastructures such as buildings, ducts and masts;

c)

access to relevant software systems, including operational support systems;

d)

Access to information technology systems or databases for pre-order, provision, order division, maintenance and repair work, and billing;

e)

Access to number translation or to systems offering equivalent function;

f)

access to fixed and mobile networks, in particular in order to enable roaming;

g)

Access to access authorization systems for digital television services and

h)

Access to virtual network services;

33.

"access authorisation systems" means technical procedures or devices which make the permitted use of protected broadcasting programmes subject to a subscription or individual permit;

33a.

"related services" means those services connected to a telecommunications network or to a telecommunications service which enable, assist, or are able to provide services via this network or service. These include, inter alia, numbering systems or systems offering equivalent functions, conditional access systems and electronic programme guides, as well as other services such as identity, location and services. the presence of the user;

33b.

"related entities" means those associated with a telecommunications network or a telecommunications service, physical infrastructures and other facilities and components which provide services via: This network or service shall be able to support, support or be able to do so. These include, inter alia, buildings, building accesses, cabling in buildings, antennae, towers and other carrier structures, piping, empty pipes, masts, entry-level shafts and distribution boxes;

34.

"interconnection" means the access which establishes the physical and logical connection of public telecommunications networks in order to enable users of a company to communicate with users of the same or any other undertaking or to take advantage of such communication of services of another undertaking; services may be provided by the parties concerned or by other parties having access to the network. Interconnection is a special case of access and is established between operators of public telecommunications networks.

Unofficial table of contents

§ 4 International reporting obligations

Operators of public telecommunications networks and providers of publicly available telecommunications services must, on request, provide the Federal Network Agency with the information it needs in order to provide reporting requirements to the Commission and other international bodies. Unofficial table of contents

§ 5 Media of the publication

Publications and notices to which the Federal Network Agency is obliged by this Act shall be published in its Official Journal and on its Internet site, in so far as no deviating arrangement has been made. Technical guidelines are also to be published in the Official Journal of the Federal Network Agency. Unofficial table of contents

§ 6 Reporting obligation

(1) Anyone who operates commercially public telecommunications networks or provides telecommunications services which are commercially available to the public must take up, modify and terminate his activities and make changes to his company with the Federal Network Agency. Report immediately. The declaration shall be made in writing. (2) The notification shall contain the information necessary for the identification of the operator or provider referred to in paragraph 1, in particular the commercial register number, the address, the brief description of the Network or service, as well as the expected date for the inclusion of the activity. The notification shall be made in accordance with a form prescribed and published by the Federal Network Agency. (3) On request, the Federal Network Agency shall confirm the completeness of the notification in accordance with paragraph 2 within one week and certify that: (4) The Federal Network Agency shall publish a list of the notified companies on a regular basis. (5) It is clear that the company's business activities are to be adjusted. and the termination of the activities of the Federal Network Agency is not has been notified in writing within a period of six months, the Federal Network Agency may determine the termination of the activity on its own account. Unofficial table of contents

§ 7 Structural Separation

Undertakings which operate public telecommunications networks or offer telecommunications services to the public and, within the European Union, special or exclusive rights for the provision of services in other sectors shall be obliged to:

1.

Structurally, the activities relating to the provision of public telecommunications networks and the provision of publicly available telecommunications services; or

2.

to carry out the activities relating to the provision of public telecommunications networks or the provision of publicly available telecommunications services to the extent of a separate book which would be required if: legally independent companies, so that all the costs and revenue components of those activities, including the relevant calculation bases and detailed allocation methods, including a detailed breakdown of the Fixed assets and cost-related costs .

Unofficial table of contents

§ 8 International status

(1) undertakings which provide international telecommunications services or which operate in the context of their supply of radio equipment which may cause harmful interference in the radio services of other countries shall be recognised undertakings within the meaning of Constitution and the Convention of the International Telecommunication Union. These undertakings are subject to the obligations arising from the constitution of the International Telecommunication Union. (2) Companies providing international telecommunications services must comply with the provisions of the Constitution of the International Telecommunication Union. International Telecommunications Union

1.

give priority to all news concerning the safety of human life by sea, land, air and space, and the extraordinary urgent epidemets of the World Health Organisation,

2.

give priority to public telecommunications as far as possible over the rest of the telecommunications sector, if this is expressly requested by the person who signs the connection.

Part 2
Market regulation

Section 1
Procedures for market regulation

Unofficial table of contents

§ 9 Principle

(1) The market regulation in accordance with the provisions of this Part is subject to markets where the conditions of § 10 are met and for which a market analysis according to § 11 has shown that there is no effective competition. (2) Companies that are on markets (3) § 18 shall remain unaffected by the Bundesnetzagentur (Federal Network Agency). Unofficial table of contents

§ 9a (omitted)

Unofficial table of contents

Section 10 Market definition

(1) The Federal Network Agency shall, taking into account the objectives of Section 2, determine the relevant and spatially relevant telecommunications markets which are eligible for regulation in accordance with the provisions of this Part. (2) For a regulation according to this part shall be considered to be markets characterised by significant and persistent structural or legal barriers to entry, in the longer term not to be effective in competition, and to the application of the general Competition law alone is not sufficient to address the market failure in question counteract. These markets shall be determined by the Federal Network Agency within the framework of the assessment margin available to it. It shall take the utmost account of the recommendation relating to relevant product and service markets, which the Commission has adopted pursuant to Article 15 (1) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common Regulatory framework for electronic communications networks and services (Framework Directive) (OJ C 327, 28.4.2002 33), which was last amended by Directive 2009 /140/EC (OJ L 108, 24.4.2009, p. 37), as amended, and the guidelines on market analysis and the assessment of significant market power which the Commission has adopted pursuant to Article 15 (2) of Directive 2002 /21/EC (3) The results of the market definition shall be submitted by the Bundesnetzagentur (Bundesnetzagentur) to the Commission in the procedure referred to in Article 12 in cases where the market definition affects trade between the Member States. Unofficial table of contents

§ 11 Market analysis

(1) The Federal Network Agency shall examine whether there is effective competition in the market under investigation in respect of the markets to be regulated in accordance with § 10 of this Part. Effective competition shall not exist if one or more undertakings in this market have significant market power. An undertaking shall be considered to be a company with significant market power if it adopts a position which is equivalent to that of dominance, either alone or in conjunction with other undertakings, that is to say, an economically strong position which allows it to enter into force in the to a considerable extent independent of competitors and end-users. Where a company has significant market power on a relevant market, the first market, it may also be placed on an adjacent relevant market, in accordance with Article 10 (2), the second market, as a company with significant market power , if the links between the two markets allow the market power to be transferred from the first market to the second market, thereby strengthening the entire market power of the company. Where a company has significant market power on a relevant market, it may also be considered as having significant market power on an adjacent relevant market, as determined in accordance with Article 10 (2), if the links are: between the two markets, allowing them to be transferred from one market to the other and thus strengthening the entire market power of the undertaking. (2) In the case of transnational markets, the scope of Directive 2002/21/EC is examined. the Bundesnetzagentur (Bundesnetzagentur) to determine whether significant market power within the meaning of paragraph 1 , together with the national regulatory authorities of the Member States, which comprise these markets. (3) The Federal Network Agency shall take the utmost account of the Commission's opinion in the market analysis referred to in paragraphs 1 and 2. Criteria laid down in the Commission's guidelines on market analysis and the assessment of significant market power in accordance with Article 15 (2) of Directive 2002/21/EC, as amended. In addition, the Bundesnetzagentur shall, in the context of the market analysis referred to in paragraph 1, take account of the markets which the Commission, as amended by the Recommendation, shall take into account in relation to relevant product and service markets as referred to in Article 15 (1) of the Directive 2002 /21/EC. (4) The results of the investigations referred to in paragraphs 1 to 2, including the determination of which companies have significant market power, shall be submitted to the Commission in the procedure provided for in Article 12, provided that they have an impact on trade between Member States. Unofficial table of contents

§ 12 Consultation and consolidation procedures

(1) The Federal Network Agency shall give interested parties the opportunity to comment on the draft of the results in accordance with § § 10 and 11 within a fixed period of time. The consultation procedures and their results will be published by the Federal Network Agency. This is without prejudice to the maintenance of business secrets or business secrets of the parties involved. To this end, the Federal Network Agency shall establish a single point of information in which a list of all ongoing consultations shall be held. (2) If Article 10 (3) and § 11 (4) provide for a template in accordance with this standard and no exception in accordance with a recommendation or guidelines adopted by the Commission in accordance with Article 7b of Directive 2002 /21/EC, the following procedure shall apply:

1.

After the procedure referred to in paragraph 1 has been carried out, the Bundesnetzagentur shall draw up the draft results in accordance with § § 10 and 11 together with a justification at the same time as the Commission, BEREC and the national regulatory authorities of the other Member States shall make available and inform the Commission, BEREC and other national regulatory authorities. Section 123b (3) and (4) shall apply accordingly. Before the end of a month, the Federal Network Agency may not determine the results according to § § 10 and 11.

2.

The Bundesnetzagentur shall take the utmost account of the opinions of the Commission, BEREC and the other national regulatory authorities referred to in point 1. The Commission shall forward the draft resulting from this to the Commission.

3.

Includes a draft according to § § 10 and 11

a)

the definition of a relevant market which is different from those defined in the relevant version of the Recommendation relating to relevant product and service markets which the Commission has adopted pursuant to Article 15 (1) of the Directive 2002 /21/EC, or

b)

the extent to which one or more undertakings in this market have significant market power,

and declares the Commission within the time limit laid down in paragraph 1, sentence 3, that the draft creates an obstacle to the internal market or that it has serious doubts as to its compatibility with the law of the European Union and, in particular, the objectives of Article 8 of Directive 2002/21/EC, the Bundesnetzagentur has to postpone the determination of the corresponding results by two more months. If, within this period, the Commission decides to ask the Federal Network Agency to withdraw the draft, the Bundesnetzagentur shall amend the draft within six months from the date of adoption of the Commission's decision or pull him back. If the Federal Network Agency changes the draft, it shall do so by the consultation procedure referred to in paragraph 1 and submit the amended draft to the Commission in accordance with point 1. If the Federal Network Agency withdraws the draft, it shall inform the Federal Ministry of Economics and Technology of the decision of the Commission.

4.

The Federal Network Agency shall transmit to the Commission and BEREC any final measures adopted under Section 10 (3) and (4) (4).

(3) Where exceptional circumstances exist, the Bundesnetzagentur is of the opinion that urgent action must be taken, without complying with the procedures set out in paragraphs 1 and 2, in order to ensure competition and to protect user interests, it may adopt appropriate provisional measures as soon as possible. It shall forthwith inform the Commission, BEREC and other national regulatory authorities with a full justification. A decision of the Federal Network Agency to make these measures permanent or to extend their period of validity shall be subject to the provisions of paragraphs 1 and 2. Unofficial table of contents

Section 13 Legal consequences of market analysis

(1) Insofar as the Federal Network Agency, on the basis of a market analysis pursuant to § 11 obligations under § § 19, 20, 21, 23, 24, 30, 39 or § 42 (4) sentence 3, changes, maintains or revokes (regulatory decree), the procedure shall apply in accordance with § 12 (1) and (3), provided that the measure has a significant impact on the market in question. The procedure laid down in Article 12 (2) (1), (2) and (4) and (3) shall apply, provided that the measure has an effect on trade between Member States and that there is no exception in accordance with a recommendation or guidelines which the Commission in accordance with Article 7b of Directive 2002 /21/EC. The revocation of obligations shall be announced before the undertakings concerned within a reasonable period of time. The procedure under sentences 1 and 2 may be carried out by the Federal Network Agency together with or following the procedure in accordance with § 12. The sentences 1 to 3 also apply to obligations under § 18. (2) In the case of § 11 paragraph 1 sentence 4, remedies pursuant to § § 19, 20, 21, 23, 24, 30, 39 and § 42 (4) sentence 3 may only be taken on the second market in order to transfer the (3) In the case of Section 11 (2), the Federal Network Agency shall, by common agreement with the national regulatory authorities concerned, determine the obligations which the undertaking or undertakings have to fulfil with significant market power. The procedure laid down in Article 12 (1) and (3) shall apply mutaly The procedure referred to in Article 12 (2) (1), (2) and (4) and (3) shall apply mutatily, unless there is an exception in accordance with a recommendation or guidelines issued by the Commission in accordance with Article 7b of Directive 2002 /21/EC. (4) The Commission shall: within the time limit laid down in Article 12 (2) (1), third sentence, of the Bundesnetzagentur and BEREC, why it considers that the draft measure referred to in paragraphs 1 to 3, which does not merely maintain a commitment, an obstacle to the internal market, or why it has serious doubts as to its compatibility with the right of the European Union, the following procedure shall apply:

1.

The Bundesnetzagentur may not adopt the draft measure before the end of three more months after the Commission communication. However, the Bundesnetzagentur may withdraw the draft at any stage of the procedure under this paragraph.

2.

Within the three-month period referred to in point 1, the Bundesnetzagentur shall cooperate closely with the Commission and BEREC in order to identify the most appropriate and effective measure with regard to the objectives of § 2. In doing so, it shall take into account the views of market participants and the need to develop a uniform regulatory practice.

3.

If, within six weeks of the beginning of the three-month period referred to in point 1, BEREC shall issue an opinion adopted by the majority of its members, on the Commission's communication, in which it concerns the Commission's serious doubts , the Bundesnetzagentur may amend the draft measure before the expiry of the three-month period referred to in point 1, taking into account the communication from the Commission and the opinion of BEREC, thereby allowing the amended draft measure to be amended to: Subject to further examination by the Commission.

4.

At the end of the three-month period referred to in point 1, the Bundesnetzagentur shall give the Commission the opportunity to make a recommendation within a further month.

5.

Within one month after the Commission has issued a recommendation to the Bundesnetzagentur (Bundesnetzagentur) or has withdrawn its reservations, the Bundesnetzagentur shall inform the Commission and BEREC of the content of the recommendation to the Commission. , or whether it has withdrawn the draft measure. If the Bundesnetzagentur decides not to follow the recommendation of the Commission, it shall justify this. If a consultation procedure pursuant to Article 12 (1) is to be carried out again in accordance with paragraphs 1 and 3 or in accordance with Section 15, the time limit set out in the first sentence shall be extended accordingly.

6.

Where the one-month period referred to in point 4 has elapsed without the Commission having issued a recommendation to the Bundesnetzagentur (Bundesnetzagentur) or having withdrawn its reservations, the procedure laid down in paragraph 5 shall apply accordingly.

(5) The decisions in accordance with § § 19, 20, 21, 23, 24, 30, 39 or § 42 (4) sentence 3 shall be taken as a single administrative act with the results of the procedures in accordance with § § 10 and 11. Unofficial table of contents

Section 14 Review of market definition, market analysis and regulatory order

(1) If the Federal Network Agency is aware of facts which justify the assumption that the results are no longer in accordance with the actual market conditions on the basis of § § 10 to 12, the regulations of § § 10 to 13 shall apply. Where the recommendation has been amended in accordance with Article 15 (1) of Directive 2002 /21/EC, in the case of markets to which the Commission has not received a prior submission in accordance with Article 12 (2) (1), the draft market definition shall be defined in accordance with Section 10, the market analysis pursuant to § 11 and the regulatory order within two years of the adoption of the amendment of the recommendation in the consolidation procedure pursuant to § 12 (2) (1). (2) Except in the cases referred to in paragraph 1, the Federal Network Agency shall submit all three years after the adoption of a prior regulatory order in relation to that market the drafts of the market definition in accordance with § 10, the market analysis in accordance with § 11 and the regulatory order in the consolidation procedure in accordance with section 12, paragraph 2, point 1. Exceptionally, the Federal Network Agency may extend this period by up to three more years. To this end, the Commission shall notify the Commission of a reasoned proposal for an extension. If the Commission has not raised any objections within one month from the notification of the renewal proposal by the Federal Network Agency, the requested extended review period shall apply. (3) Has the Federal Network Agency the market analysis in view of to a relevant market, as defined in the relevant version of the Recommendation in relation to relevant product and service markets published by the Commission in accordance with Article 15 (1) of Directive 2002 /21/EC, not within the , the Bundesnetzagentur may request the BEREC to Request support in the completion of market definition, market analysis and regulatory order. In the event of such a request, the Federal Network Agency shall submit to the Commission, within six months, the draft market definition, market analysis and regulatory order in the consolidation procedure referred to in Article 12 (2) (1), within six months of the date of the request. that BEREC has begun its support. Unofficial table of contents

§ 15 Procedure for other market-relevant measures

Except in the cases of § § 10, 11 and 13, the Federal Network Agency shall, in all measures which have a significant impact on the market in question, to carry out the proceedings in accordance with Article 12 (1) before a decision, insofar as this is not legally possible. is regulated differently. Section 12 (3) shall apply accordingly. Unofficial table of contents

Section 15a Regulatory concepts and request for information on the regulatory framework for next-generation networks

(1) In order to pursue uniform regulatory concepts within the meaning of Article 2 (3) (1), the Federal Network Agency may, in the form of administrative provisions, adopt its basic approaches and methods for the definition of the market in accordance with § 10, which shall: Describe market analysis in accordance with § 11 and the regulatory orders for a particular period of time, covering several market regulation cycles according to § 14 (2). (2) In order to promote efficient investments and innovations in the field of new and improved Infrastructure within the meaning of Section 2 (3) (4) may be used by the Federal Network Agency on a regular basis in Form of administrative provisions the basic regulatory requirements for taking account of investment risks and agreements to split the investment risk between investors and between investors and access coveted by projects for the establishment of next-generation networks (risk sharing models). This includes, in particular, requirements for the methodology for determining the risks and requirements for the design of the access and pay conditions of risk-sharing models as well as examples of risk-sharing models. (3) For the adoption the administrative provisions referred to in paragraphs 1 and 2 shall apply in accordance with the consultation and consolidation procedure laid down in Article 12 (1) and (2). (4) The Federal Network Agency shall, at the request of an operator of public telecommunications networks, grant the following information: and the development of next generation networks for those in the application Region of the Federal Republic of Germany informs about the expected regulatory framework conditions or measures after this part. The consultation and consolidation procedure referred to in Article 12 (1) and (2) shall apply mutatily for the purpose of the provisions of this Part.

Section 2
Access Regulation

Unofficial table of contents

Section 16 Contracts for interconnection

Each operator of a public telecommunications network shall be obliged to submit, at the request of other operators of public telecommunications networks, an offer of interconnection, in order to communicate the users ' communications, the provision of Telecommunications services and their interoperability throughout the territory of the European Union. Unofficial table of contents

§ 17 Confidentiality of information

Information obtained by operators of public networks before, during or after negotiations or agreements on access or interconnection may only be used for the purposes for which they are made available. The information may not be disclosed to third parties which could benefit from such information as competitive advantages, in particular not to other departments, subsidiaries or business partners of those involved in the negotiations. Unofficial table of contents

Section 18 Control of access to end-users

(1) The Federal Network Agency may, in justified cases, require operators of public telecommunications networks that control access to end-users to supply their networks with those of other public operators, subject to appropriate demand. to connect telecommunications networks, where necessary, to ensure the communication of users and the provision of services and their interoperability. In addition, the Federal Network Agency may impose further access obligations on operators of public telecommunications networks controlling access to end-users, to the extent that this is necessary to ensure the end-to-end network of services (2) The Federal Network Agency may impose on operators of public telecommunications networks controlling access to end-users with a view to the development of a sustainably competitive retail market, individual Incumbable operators of public telecommunications networks In relation to other providers of public telecommunications networks which demand access to and settlement of telecommunications services, services pursuant to Section 78 (2) (4) and (5) and telecommunications-based services shall not, without objectively justified reasons, be treated directly or indirectly. If the Federal Network Agency has imposed obligations under the first sentence, Section 42 (4) shall apply mutagenically. (3) The measures referred to in paragraph 1 shall be objective, transparent and non-discriminatory. The second sentence of Article 21 (1) and (4) applies accordingly. Unofficial table of contents

Section 19 Discrimination prohibition

(1) The Federal Network Agency may require an operator of a public telecommunications network with significant market power to ensure that agreements on access are based on objective standards, be traceable, and provide an equivalent level of (2) The obligations of equal treatment shall ensure, in particular, that the operator concerned shall be subject to other undertakings providing similar services under the conditions of the same conditions offer equivalent conditions and services, and Provide information to third parties on the same terms and conditions and with the same quality as for their own products or those of their subsidiaries or partners. Unofficial table of contents

Section 20 Transparency obligation

(1) The Federal Network Agency may require an operator of a public telecommunications network which has significant market power to ensure that all companies eligible for access to the public telecommunications network have access to the relevant public telecommunications network. To publish the information required, in particular information on the accounting, technical specifications, network characteristics, terms of provision and conditions of use, including all the conditions relating to access to and the Restrict the use of services and applications, as well as the number of Charges. (2) The Federal Network Agency shall have the power to require an operator with significant market power to provide information in which form, insofar as this is proportionate. (3) The Federal Network Agency may provide the operator with information on the form of the operator. of a public telecommunications network which has significant market power, and in particular oblige it to enter into its agreements on access to the public telecommunications network without a separate request in a public and confidential version To be submitted. The Federal Network Agency shall publish when and where demand for access services can be viewed by a public agreement in accordance with the first sentence. Unofficial table of contents

Section 21 Access obligations

(1) The Federal Network Agency may, on request or on its own account, require public telecommunications networks which have significant market power to grant access to other undertakings in accordance with this provision, including: unbundling in demand, in particular where otherwise the development of a sustainably competitive downstream end-user market would be impeded or this development would be contrary to the interests of the end-users. The Federal Network Agency shall, in particular, take into account in the examination whether and which access obligations are justified and whether these are in an appropriate relationship with the regulatory objectives according to § 2:

1.

the technical and economic viability of the use or installation of competing establishments in the light of the pace of market development, taking into account the nature and type of interconnection and access, including: the carrying capacity of other upstream access products, such as access to ducts,

2.

the possibility of granting the proposed access in the light of the available capacity,

3.

the initial investment by the owner of the institution, taking into account any public investment made and the investment risks,

4.

the need to safeguard competition in the long term, with particular regard to economically efficient competition in the area of infrastructure, inter alia, through incentives for efficient investment in infrastructure facilities that will ensure greater competition in the long term,

5.

industrial property rights or intellectual property rights,

6.

the provision of pan-European services and

7.

whether commitments already imposed on this part or voluntary offers on the market, which are accepted by a large part of the market, are sufficient to ensure the regulatory objectives set out in Article 2.

(2) The Federal Network Agency may, inter alia, require operators of public telecommunications networks which have significant market power to comply with the provisions of paragraph 1,

1.

to grant access to certain network components or facilities, including unbundled broadband access,

2.

to refuse to grant access to facilities already granted,

3.

Access to certain services offered by the operator, such as those offered to end-users, on wholesale terms and conditions, in order to allow third parties to continue their distribution in their own name and on their own account. In this context, account should be taken of the investments made and future investments for innovative services,

4.

certain conditions necessary for the interoperability of end-to-end communication, including the provision of facilities for intelligent network services or roaming (enabling the use of mobile networks of others) to provide operators outside the supply area of the requesting mobile network operator for its end-user,

5.

Access to systems of operational assistance or similar software systems necessary to ensure a fair competition in the provision of services, while ensuring the efficiency of existing facilities. ,

6.

to allow, in the context of the fulfilment of the access obligations under this paragraph or paragraph 3, the use of access services and the possibility of cooperation between the undertakings authorised to access it, unless an operator is significant market power shows in individual cases that a possibility of use or cooperation is not possible, or is only possible to a limited degree, for technical reasons,

7.

To grant access to services in the area of the uniform invoicing and to receive or the first collection of payments in accordance with the following measures, in so far as the invoice producers do not have an agreement with the predominant have completed part of the relevant market in the providers of publicly available telecommunications services which are eligible for access by their terminal customers, and also to other providers not participating in such an agreement, non-discriminatory access to these services in accordance with the Agreement set out in accordance with the Agreement:

a)

In so far as the end user does not agree otherwise with other providers of publicly available telecommunications services, a bill shall be drawn up by the invoice producer, who shall, irrespective of the pricing arrangements, also pay the charges for: Telecommunications services provided in accordance with Section 78 (2) (4) and telecommunications-based services of other providers, which are used via the access of the end user. This also applies to charges for authorization codes transmitted during the telephone connection, when these are exclusively the subject of services. The payment to the invoice producer for these charges shall be made in a uniform manner for the whole of the benefit received as for his claims.

b)

An obligation to draw up invoices cannot be imposed for the time-independent, tariff-based services within the meaning of the first sentence of (a) and (2) with fees of more than EUR 30 (from 1 January 2008 more than 10 euros), time-dependent telecommunications-based services and services referred to in point (a), second sentence, with charges of more than EUR 2 per minute, and for all services for which a method of legitimation is required. It is also not possible to impose an obligation to process the claims made for third parties, for the purpose of reminding them, and for enforcing the claims of third parties.

c)

For the purposes of complaint processing, reminder and the enforcement of claims for services referred to in the first and second sentences of point (a), providers of publicly available telecommunications services shall be those of the invoice producer. required inventory data. In so far as the provider himself invoices services within the meaning of point (a), second sentence, to the customer himself, he shall be required to submit the necessary inventory data from the invoice manufacturer as from 1 April 2005.

d)

Providers of publicly available telecommunications services shall ensure to the invoice producer that no data records are sent to him for billing services which do not include the statutory or the consumer protection regulations. The invoice manufacturer bears neither the responsibility nor the liability for the services that have been settled for third parties.

e)

In his reminders, the invoice manufacturer must include a note clearly highlighted in printing, that the customer not only the amount of payment, but also the possibly higher initial invoice amount with a liberating effect. can pay the invoice manufacturer.

8.

To provide access to related services such as identity, location and attendance.

(3) The Federal Network Agency shall impose the following obligations under paragraph 1 on operators of public telecommunications networks which have significant market power:

1.

to grant access to non-active network components;

2.

to provide fully unbundled access to the local loop and joint access to the local loop,

3.

to allow interconnection of telecommunications networks,

4.

to allow open access to technical interfaces, protocols or other key technologies that are essential for the interoperability of services or services for virtual networks,

5.

To allow collocation or other forms of joint use of facilities such as buildings, lines and masts, and to grant access to such facilities at any time to the conquers or their agents.

6.

to allow access to certain network components, facilities and services to enable, inter alia, the choice of operators or the pre-selection of operators.

(4) In the case of an operator that the use of the service would jeopardise the maintenance of network integrity or the security of the network operation, the Federal Network Agency shall not lay down the relevant access obligation or in the following cases: of another form. The maintenance of network integrity and the security of network operations must be assessed in accordance with objective criteria. (5) When the Federal Network Agency imposes an obligation on an operator to provide access, it may be able to provide technical or technical assistance. specify operating conditions to be met by the operator or by the users of such access, to the extent necessary to ensure the normal operation of the network. Obligations to be based on certain technical standards or specifications shall be consistent with the standards and specifications laid down in Article 17 of Directive 2002 /21/EC. Unofficial table of contents

Section 22 Access agreements

(1) An operator of a public telecommunications network which has significant market power and has been subject to an access obligation pursuant to section 21 shall, in relation to other undertakings which request this service, have to: to provide telecommunications services without delay, but no later than three months after the access obligation has been removed, to provide an offer for such access. (2) Access agreements, which an operator of a public the telecommunications network, which has significant market power, require the written form. (3) (omitted) Unofficial table of contents

§ 23 Standard offer

(1) The Federal Network Agency may require an operator of a public telecommunications network, which has significant market power, to publish, as a general rule, a standard offer of access services within three months; for which there is a general demand. (2) Insofar as an operator of a public telecommunications network with significant market power does not present a standard offer or a standard bid which is inadequate in accordance with paragraph 1, the Federal Network Agency shall determine which of these requirements shall be: Access services are subject to general demand. To this end, the Federal Network Agency shall provide actual or potential demand for such services with an opportunity to comment. Following this, it gives the operator with significant market power the opportunity to comment on which of the determined services according to his opinion should become part of a standard offer. (3) The Federal Network Agency shall be within a period of four months, taking into account the opinions referred to in paragraph 2, of the access services which the operator, with significant market power, has to offer as a standard bid. The Federal Network Agency invites the operator to submit within a specified period a corresponding standard offer with terms of use and terms of use, including charges. It may combine this request with certain requirements for individual conditions, including contractual penalties, in particular with regard to equal opportunities, equity and timeliness. This standard offer must be so comprehensive that it can be adopted by the individual customers without any further negotiation. The above-mentioned rates also apply in the event that the operator with significant market power has provided an inadequate standard offer. (4) The Federal Network Agency shall examine the standard bids submitted and shall make changes to the extent that: Requirements for individual conditions, including contractual penalties, in particular with regard to equal opportunities, equity and timeliness have not been implemented. The Federal Network Agency generally provides standard bids with a minimum duration. The operator with significant market power shall indicate intended changes or a cessation of the standard bid three months before the expiry of the minimum term to the Bundesnetzagentur. The decisions referred to in paragraphs 3 and 4, sentences 1 and 2, can only be taken as a whole. § § 27 to 37. (5) If an access service is already the subject of an access agreement in accordance with § 22, the Federal Network Agency may provide the operator of a public telecommunications network, which shall be subject to the following conditions: requires significant market power to offer such access as a standard offer to other customers without discrimination, if it is to be expected that such access will result in a general demand. This also applies to access services to which an operator of a public telecommunications network, which has significant market power, has been obliged under an order in accordance with § 25. (6) The Federal Network Agency may require an operator of a public telecommunications network with significant market power to make a change to the standard offer if the general demand has changed significantly. This may relate both to the services itself and to essential conditions for the provision of such services. Paragraphs 2 to 5 shall apply to the amendment of the standard bid. (7) If the Bundesnetzagentur has an operator of a public telecommunications network which has significant market power, the Bundesnetzagentur shall have obligations under Section 21 with regard to the Access to the network infrastructure at the level of the network shall ensure that the operator publishes a standard bid which includes at least the components listed in Annex II to Directive 2002 /19/EC. § 20 shall remain unaffected. (8) The operator is obliged to include the standard bid in its General Terms and Conditions. Unofficial table of contents

Section 24 Separate accounts

(1) The Bundesnetzagentur may require a separate accounting system for certain activities relating to access services to an operator of a public telecommunications network which has significant market power. The Federal Network Agency shall, in particular, require a vertically integrated undertaking to make its preferential prices and its internal transfer pricing transparent. This is intended to prevent, among other things, violations of the principle of non-discrimination and illegal cross-subsidies. The Bundesnetzagentur (Bundesnetzagentur) can make specific guidelines on the format to be used and on the accounting method to be used. (2) The Federal Network Agency may request that it be responsible for the cost accounting and accounting documents referred to in paragraph 1. , including all related information and documents, on request, in prescribed form. The Federal Network Agency may publish this information in a suitable form, insofar as this contributes to the achievement of the objectives set out in § 2. The provisions relating to the protection of business or trade secrets must be observed. Unofficial table of contents

Section 25 arrangements by the Federal Network Agency

(1) If an access agreement according to § 22 or an agreement on access services in accordance with § 18 is not concluded in whole or in part, and the conditions required by this Act are in place for an obligation to access the access, the Federal Network Agency shall, after consulting the parties concerned, arrange for access by one of the parties involved in the access agreement to be concluded within a period of 10 weeks from the date of referral to the Federal Network Agency. Within the time limit specified in the first sentence, the Bundesnetzagentur may extend the procedure to a maximum of four months in particular cases which are justifiable. (2) An order shall be admissible only if and as long as the parties concerned do not have access to or access to the system. (3) The call referred to in paragraph 1 shall be written in writing; it must be justified. In particular, it must be stated that

1.

what precise content the order of the Federal Network Agency should have,

2.

when access and what specific services have been in demand,

3.

that serious negotiations have taken place or that negotiations have been refused by the opponent,

4.

at which point no agreement has been reached, and

5.

in the case of the desire of certain technical measures, explanations of their technical feasibility.

The call can be revoked until the order is issued. (4) In order to achieve the objectives set out in § 2, the Federal Network Agency may also initiate proceedings on its own account. (5) The subject matter of an order may be subject to all conditions of an order. the access agreement and the charges. The Federal Network Agency may link the order with conditions, including contractual penalties, in terms of equal opportunities, equity and timeliness. With regard to the charges to be determined, § § 27 to 38. (6) If both the terms of an access agreement are in dispute and the fees to be paid for the services in demand, the Federal Network Agency shall be responsible for the terms and conditions of the contract. and the fees shall be subject to partial decisions. Where the Bundesnetzagentur makes partial decisions, the time limits referred to in paragraph 1 shall apply to each of them. The arrangement of the Federal Network Agency can only be attacked as a whole. (7) Documents submitted during the course of the proceedings will only be taken into account if this does not endanger the observance of the deadline specified in paragraph 1. (8) The affected parties Operators must immediately comply with an arrangement of the Federal Network Agency, unless the Federal Network Agency has determined a deadline for implementation in the order. In order to enforce the order, the Federal Network Agency can set a penalty payment of up to one million euros in accordance with the Administrative Enforcement Act. Unofficial table of contents

Section 26 Publication

The Bundesnetzagentur shall publish the measures taken pursuant to this section, while respecting the operational or commercial secrets of the undertakings concerned.

Section 3
Rate regulation

Subsection 1
General provisions

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Section 27 Objective of the regulation

(1) The aim of the regulation is to prevent abusive exploitation, obstruction or discrimination against end-users or competitors by means of price-policy measures by companies with significant market power. (2) The Federal Network Agency has to ensure that remuneration regulation measures are coordinated in their entirety (consistency supply). The Federal Network Agency shall, in particular, take a timely and substantive vote on its remuneration regulation measures, and shall examine, in the case of the respective fee regulation measures, whether these measures are proportionate to the objectives set out in § 2 (3) The Bundesnetzagentur (Federal Network Agency) has, to the extent that matters relating to radio and comparable telemedia are concerned pursuant to § 2 (6) sentence 1, to inform the competent national media institution thereof and to participate in the proceedings initiated. On the request of the competent state media institution, the Federal Network Agency shall, on the basis of this law, examine the initiation of a procedure and the arrangement of measures in accordance with the following provisions. Unofficial table of contents

§ 28 The abusive conduct of a company with significant market power in the case of the claim and the agreement of charges

(1) A provider of telecommunications services which has significant market power, or an operator of a public telecommunications network which has significant market power, may adopt such a position in respect of the request and agreement they do not abuse the charges. In particular, an abuse occurs when the company calls for charges to be

1.

are enforceable only on the basis of its significant market power in the relevant telecommunications market;

2.

to significantly impede the competitive opportunities of other undertakings in a telecommunications market; or

3.

give advantages to individual users vis-à-vis other customers of similar or similar telecommunications services,

unless a factual justification is provided for the conduct referred to in points 2 and 3. The differentiation of charges in the context of risk-sharing schemes in projects for the establishment of next-generation networks does not, as a rule, constitute a practice within the meaning of the second sentence of point 3 if it is to be used to divide the Investment risk between investors, as well as between investors and access covets, and all actual and potential customers being treated equally when taking into account the risk. (2) An abuse within the meaning of the second sentence of paragraph 1 Number 2 shall be presumed if:

1.

the payment of the benefit in question does not cover their additional long-term costs, including a reasonable return on the capital used,

2.

the range between the remuneration paid by the operator of a public telecommunications network which has significant market power to competitors for access to the market and the corresponding end-user fee is not sufficient; to enable an efficient company to achieve a reasonable return on the capital used in the final user market (price-cost scissors); or

3.

a company makes an objectively unjustified bundling in its product offering. When asked whether this is the case, the Bundesnetzagentur has to examine in particular whether it is possible for efficient competitors of the company with significant market power to offer the bundling product on comparable terms.

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Section 29 Decorations in the context of the regulation of charges

(1) The Federal Network Agency may order, in the framework or in preparation of procedures for the regulation of charges, that:

1.

by a company with significant market power, detailed information on the range of services, the current and expected turnover for services, the current and expected sales volumes and costs, and the foreseeable impact on the market the end-users, as well as competitors and other documents and information which it deems necessary for the proper exercise of their right of remuneration on the basis of this law, and

2.

a company with significant market power takes the cost account in a form which enables the Federal Network Agency to obtain the data necessary for the payment of the fee under this law.

The Federal Network Agency may also arrange for the transmission of the documents referred to in paragraphs 1 and 2 to data carriers. The company must ensure compliance with the written documents. (2) The Federal Network Agency may grant obligations to a company with significant market power in respect of cost accounting methods. In this case, it may require the undertaking with significant market power to make publicly available a description of the cost accounting method corresponding to the requirements, in which at least the most important cost types and the rules of the The cost allocation shall be included unless it itself makes a corresponding publication. The application of the cost accounting method shall be reviewed by the Federal Network Agency, which may also commission an independent body with the review. The audit result is published once a year. (3) The Federal Network Agency may require a company with significant market power through a separate decision to offer access under certain tariff systems and to: To apply cost recovery mechanisms to the extent necessary to achieve the regulatory objectives set out in § 2. The Bundesnetzagentur (Bundesnetzagentur) must ensure that economic efficiency and sustainable competition are promoted and that the obligations are as beneficial as possible for the end user. If the Federal Network Agency makes a decision in accordance with the first sentence, the provider with significant market power shall submit a corresponding fee for the payment within two weeks. The Federal Network Agency shall decide within four weeks after the submission of the application or after the expiry of the period. (4) In order to enforce the orders referred to in paragraphs 1 and 2, a periodic penalty payment may be made in accordance with the Administrative Enforcement Act (Administrative Enforcement Act). (5) The Federal Network Agency may prescribe the form in which a fee or a change in charges, including the description of the performance and other relevant components, is to be published. (6) The Federal Network Agency may also be used by companies that do not have significant Market power shall require the information referred to in paragraph 1 (1) and proceed in accordance with paragraph 4 if this is necessary for the proper exercise of the charging regulation in accordance with this part.

Subsection 2
Regulation of charges for access services

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Section 30 Regulation of charges

(1) An authorisation by the Federal Network Agency in accordance with § 31 shall be subject to charges for access of operators of public telecommunications networks, which have significant market power, to access services imposed in accordance with § 21. By way of derogation from the first sentence, the Bundesnetzagentur may subject such charges to subsequent regulation in accordance with § 38 or § 38 (2) to (4) if this is sufficient to achieve the regulatory objectives in accordance with § 2. (2) A subsequent Regulated in accordance with § 38 (2) to (4):

1.

Charges which an operator requires in the context of obligations under § 18, and

2.

Charges for access services other than those referred to in the first sentence of paragraph 1 to an operator who has significant market power.

By way of derogation from the first sentence, the Bundesnetzagentur may subject such charges to subsequent regulation in accordance with § 38 or an authorisation in accordance with § 31 if this is necessary in order to achieve the regulatory objectives according to § 2 or in the case of (3) The Bundesnetzagentur (Bundesnetzagentur) shall ensure that all charges promote economic efficiency and sustainable competition, and that all charges apply to the Consumers not only in the short term, but also in the medium and long term are advantageous. It shall take account of the underlying investments in the regulation of charges and shall allow an appropriate return on the capital used. In the case of next-generation networks, it shall take account of any specific investment risks, with the greatest possible respect for agreed risk-sharing models. (4) (omitted) (5) (omitted) Unofficial table of contents

Section 31 Devotion approval

(1) The Federal Network Agency shall approve charges pursuant to § 30 (1) sentence 1 or 2 sentence 2

1.

on the basis of the cost of the efficient provision of services falling on the individual services in accordance with § 32 or

2.

on the basis of the measures it lays down for the average rates of change in charges for a basket of combined services (price-cap procedure) in accordance with § 33.

Approved fees may not exceed the sum of the costs of the efficient provision of services and the expenses in accordance with Section 32 (2). (2) By way of derogation from paragraph 1, the Federal Network Agency shall approve charges

1.

in the case of access services to certain services offered by an operator of a public telecommunications network which has significant market power, on wholesale terms and conditions, the third parties to the resale in their own name and on their own , by granting a surcharge on the final user price, which allows an efficient telecommunications service provider to obtain an appropriate return on the capital used on the end user market; Remuneration shall be equal to at least the cost of the efficient performance provisioning; or

2.

on the basis of other procedures, provided that the procedures referred to in points 1 or 2 are better suited than those referred to in paragraph 1 to achieve the regulatory objectives referred to in § 2. In the case of the first sentence of point 2, the application of cost-oriented procedures shall apply in accordance with § 32 (2) and (3). The procedure referred to in the first sentence of paragraph 2 shall be justified in particular.

(3) Authorisation requirements for access services of the operator of a public telecommunications network, which has significant market power, shall be provided by the Federal Network Agency, including all the necessary for the approval of the network to submit documents prior to the intended entry into force. For a limited period of time, the submission has to be made at least ten weeks before the deadline. (4) The Federal Network Agency may ask to submit fee-approval applications. If the request is not made within one month of access, the Federal Network Agency shall initiate a procedure of its own motion. The Federal Network Agency shall generally decide on charges for payment of charges within ten weeks of receipt of the draft fee or after the initiation of the proceedings. By way of derogation from the third sentence, the Federal Network Agency shall decide within two weeks on charges received under the procedure laid down in § 33. Unofficial table of contents

§ 32 Cost of efficient service delivery

(1) The cost of the efficient provision of services shall be derived from the additional long-term costs of the provision of services and a reasonable surcharge for performance-neutral overheads, including a reasonable cost-benefit balance. Interest rate of the capital used, insofar as these costs are necessary for the provision of services. § 79 shall remain unaffected. (2) expenses not included in the cost of the efficient provision of services shall be taken into account in addition to paragraph 1 only if and as long as there is a legal obligation to do so or the Authorisation requested by undertakings to provide for any other factual justification. If the Federal Network Agency considers that the cost statement is not efficient, it shall immediately ask the operator to state whether and to what extent the cost components of these costs are met by the Federal Network Agency. (3) The Federal Network Agency shall, in particular, take into account the appropriate rate of interest in the capital used.

1.

the capital structure of the regulated entity;

2.

conditions on the national and international capital markets and the valuation of the regulated entity in these markets,

3.

the requirements with regard to the return on the capital employed, and the performance-specific risks of the capital used should also be appreciated. This may also include any specific risks related to the establishment of next-generation networks within the meaning of Article 30 (3),

4.

the long-term stability of the economic environment, including in terms of the competitive situation in the telecommunications markets.

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§ 33 Price-cap procedure

(1) The Federal Network Agency shall determine the contents of the baskets. Access services may only be combined in one basket in so far as the expected strength of the competition does not differ materially from these services. (2) The Federal Network Agency shall establish the level of the initial level of the competition in a basket. combined access services. If approved charges are available, these shall be assumed. (3) The sizes for the approval pursuant to § 31 (1), first sentence, point 2 shall include:

1.

an overall economic price increase rate,

2.

the expected productivity growth rate of the operator with significant market power; and

3.

Secondary conditions, which are likely to prevent abuse in accordance with § 28.

(4) The ratio of the baseline level to the cost of the efficient provision of services in accordance with § 32 (1) shall be taken into account in the definition of the measures, in particular in determining the rate of progress of productivity. (5) The size of the measures should be based on the productivity progress rates of enterprises on comparable markets open to competition. (6) The Federal Network Agency shall determine the period for which the measures remain unchanged, on the basis of what reference periods of the past are the compliance with the measures , and under which conditions the contents of baskets may be changed or price differentiations within a basket may be carried out. Unofficial table of contents

Section 34 Cost documents

(1) In the case of a payment in accordance with Article 31 (3) and (4), the requesting company shall submit the documents required for the examination of the application, in particular:

1.

current cost statements, which are also available on data carriers,

2.

a detailed description of the performance, including information on the quality of the performance and a draft of the General Terms and Conditions, and whether the performance is subject to an access agreement under Section 22, of a revised The standard offer according to § 23 or an access order pursuant to § 25 is,

3.

Information on turnover, sales volumes, the amount of the individual costs referred to in paragraph 2 and the cover contributions, and the development of the demand structures in respect of the requested service for the two years as well as the year of application and the two years thereafter, and

4.

where no flat-rate tariffs are requested for certain services or performance components, a justification for why such application is not possible in exceptional cases.

(2) The cost statements referred to in paragraph 1 (1) shall include the costs which can be directly allocated (individual costs) and the costs which cannot be directly allocated (overhead costs). In the context of the cost statements referred to in the first sentence, the following shall in particular be

1.

the quantities used for the calculation of the costs, the prices belonging to them, individually and as average values, and the capacity utilization achieved and expected during the detection period, and

2.

the method of investigation of the costs and of the investment values, as well as the indication of plausible quantity keys for the allocation of costs to the individual services of the company.

(3) In addition, at the beginning of each financial year, the requesting company shall have the total cost of the undertaking and its allocation to the cost centres and to the individual services (cost carrier), on a regular basis, in accordance with the individual and the individual costs. Community costs. The data for unregulated services can be summarised in this context. (4) The cost statements must be checked by the Federal Network Agency as well as a quantification of the data concerning their transparency and the preparation of the data. Costs of efficient provision of services and a decision within the time limit laid down in § 31 (4) allow. (5) Documents not submitted with the application shall be taken into account only if this does not ensure compliance with the procedural deadlines. is at risk. If additional documents and information are requested by the Federal Network Agency during the proceedings, these must be taken into account only if they are submitted by the requesting company within a period set by the Federal Network Agency (6) Cost accounting methods shall, in principle, be applied in a uniform manner by the enterprise applying for application. (7) The powers according to § 29 shall remain unaffected. Unofficial table of contents

Section 35 Procedure for the approval of the charges

(1) In addition to the cost information available to the Federal Network Agency, it may also:

1.

the prices of such undertakings shall be used as a comparison providing the appropriate services on comparable markets open to competition, taking into account the specific characteristics of the comparative markets; and

2.

In order to determine the cost of efficient service provision, also a cost calculation independent of the cost calculation of the company, and use cost models for this purpose.

Insofar as the costs information available to the Federal Network Agency for an examination of the charges subject to approval pursuant to section 31 (1), first sentence, point 1 in conjunction with § 34 is not sufficient, the decision of the Federal Network Agency may be based on a (2) In the event of an authorization pursuant to section 31 (1), first sentence, point 1, the Federal Network Agency shall examine the compliance with the measures in accordance with § § 28 and 31 (1) sentence 2 for each individual fee. In the case of a permit in accordance with § 31 (1) sentence 1, point 2, the measures according to § 28 shall apply in the event of compliance with the specified measures. (3) The authorization shall be granted in whole or in part, in so far as the charges are subject to the requirements of § 28 and in the case of a permit pursuant to § 31 (1), first sentence, points 1 and 2 of the The requirements of Sections 28 and 31 (1), second sentence, in accordance with paragraph 2, shall be in accordance with the provisions of paragraph 2 and there shall be no grounds for failure in accordance with sentence 2 or 3 The approval of the charges shall be refused if the charges are not in accordance with this law, in particular with § 28, or other legislation. The Federal Network Agency may also refuse to approve the charges if the company has not fully submitted the documents referred to in § 34. (4) The Federal Network Agency shall provide the approval with a freezing order. (5) Bcomplying with the requirements If a fee is granted for the full or partial approval of a contractually agreed fee, they shall return to the date of the first-time provision of services by the company with significant market power. The Court of First Instance may, in accordance with Article 123 of the Administrative Court order, order the provisional payment of a higher fee requested, if it is likely that the right to obtain the higher pay is likely to be granted; the There is no need to present a ground for the order. If the court commits the Bundesnetzagentur to issue an authorization for a higher fee, such authorisation shall not unfold the retroactive effect as set out in sentence 1 only if an order has been issued in accordance with the second sentence. The request for an injunction pursuant to Section 123 (1) of the Administrative Court order can only be filed and justified up to the expiry of two months after the action has been filed. (6) In the procedure referred to in paragraph 5 in conjunction with § 123 of the The Administrative Court may order the Court of First Instance by order to ensure that only those persons who request it within a specified period are to be charged. The decision shall be indisputable. It is to be published in the electronic Federal Gazette. It must also be published on the website of the Federal Network Agency. The contract notice may also be made in an information and communication system designated by the Court of Notices. The deadline must be at least one month from the date of publication in the electronic Federal Gazette. The publication on the website of the Federal Network Agency shall indicate the date on which the deadline expires. § 60 of the Administrative Court Rules shall apply accordingly for the reinstatement of the previous stand in the event of failure to meet the deadline. The court is intended to invite persons who are particularly affected by the decision to be affected even without a request. (7) The Federal Network Agency shall publish approved charges. Unofficial table of contents

Section 36 Publication

(1) The Federal Network Agency publishes intended decisions on the summary of services as well as the specification of the respective measures in accordance with § 31 (1) sentence 1 (2) and (33). Prior to publication, it shall give an opportunity for comment to the company to which the decision is addressed. (2) In the case of applications for the approval of charges pursuant to § 31 (1), first sentence, point 1, and in the case of a proceeding in accordance with § 31 (4) The Federal Network Agency shall publish the requested or planned payment measures 1 and 2. Unofficial table of contents

Section 37 Deviation of approved charges

(1) An operator of a public telecommunications network which has significant market power shall not require any other charges other than those approved by the Federal Network Agency. (2) Contracts for the provision of services, other than those shall take effect with the proviso that the approved fee shall replace the agreed remuneration. (3) A contractual or legal obligation to provide the service shall remain independent of the existence of the remuneration. of a fee-approval. The Federal Network Agency may prohibit the advertising of a legal transaction, the conclusion, preparation and initiation of a legal transaction, which contains a charge other than that approved or not approved, but which needs to be approved. Unofficial table of contents

§ 38 Night-time regulation of charges

(1) Underlying charges of a subsequent fee regulation, they shall be submitted to the Federal Network Agency two months before the planned entry into force. Within two weeks after receipt of the charges, the Federal Network Agency shall prohibit the imposition of the fee until the conclusion of its examination, if the planned payment measure is manifestly not compatible with Section 28. Compensation measures concerning individually agreed services, which cannot easily be transferred to a large number of other customers, are to be notified to the Federal Network Agency immediately after the conclusion of the contract. (2) If the Bundesnetzagentur facts which justify the assumption that charges for access services of companies with significant market power do not comply with the standards of § 28, the Federal Network Agency shall immediately initiate a review the charges. It shall communicate the initiation of the review to the undertaking concerned in writing. Should the Federal Network Agency not be able to conduct a review in accordance with the comparison market principle in accordance with Section 35 (1) No. 1, it may also act in accordance with § 34. (3) The Federal Network Agency shall decide within two months of the initiation of the Verification. (4) Insofar as the Federal Network Agency determines that charges do not comply with the standards of § 28, it prohibits the conduct prohibited under this Act and declares the disputed charges to be ineffective from the date of the determination. At the same time, the Federal Network Agency may order charges which comply with the standards laid down in § 28. If the provider with significant market power subsequently submits its own payment proposals, the Federal Network Agency shall, within one month, examine whether these charges will result in the observed violations of the standards of § 28. § 37 shall apply accordingly. In the event of an identified abuse of a position with significant market power, the Federal Network Agency also orders, within the meaning of Article 28 (2) (3), the manner in which the company has to carry out unbundling with significant market power.

Subsection 3
Regulation of charges for end-user benefits

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Section 39 Remuneration Regulation in the case of end-user benefits

(1) The Federal Network Agency may charge companies with significant market power in respect of the assumption that the obligations in the access area would not lead to the achievement of the regulatory objectives according to § 2. Offer telecommunications services to end-users subject to a fee approval. The Federal Network Agency is to limit the permit requirement to such markets, on which the emergence of a sustainably competitive market cannot be expected in the foreseeable future. In the case of a permit requirement, § § 31 to 37 shall apply accordingly. In this case, charges for end-user benefits may not be combined in accordance with § 31 (1) sentence 1 (2) with charges for access services in a basket. (2) Services in accordance with § 78 (2) (4) and (5) shall be subject to subsequent regulation; § Article 38 (2) to (4) shall apply. (3) In the event that charges for end-use services of providers of telecommunications services which have significant market power have not been subject to a charging authorisation, they shall be subject to the subsequent Regulation; § 38 (2) to (4) shall apply accordingly. In addition, the Bundesnetzagentur may, in compliance with the first sentence of paragraph 1, require undertakings with significant market power to notify their remuneration measures two months before the date of the planned entry into force. Within two weeks after notification of the fee, the Federal Network Agency shall prohibit the imposition of the fee until the conclusion of its examination, if the planned payment measure is manifestly not compatible with Section 28. The Federal Network Agency may require providers of telecommunications services that have significant market power to pay their remuneration in respect of individually agreed services which are not readily available to a large number of other services. End-users can be transferred immediately after conclusion of the contract. (4) Insofar as a company which has significant market power on a retail market is obliged to access a corresponding access power according to § § § § § § § § § 2. 21, which contains components which are equally suitable for an offer in the retail market, the company is obliged to submit an offer for advance payment at the same time as a planned payment measure in the final user area, which in particular meets the requirements of § 28. In so far as the company does not present such a supply of services with significant market power, the Federal Network Agency can prohibit the demand of the retail payment without further examination.

Section 4
Other commitments

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Section 40 Functional separation

(1) The Bundesnetzagentur concludes that the appropriate obligations imposed under Sections 2 and 3 do not result in effective competition and that there are important and persistent competition problems or market failures on the market. markets for certain wholesale access products, it may, as an exceptional measure, impose on vertically integrated undertakings the obligation to carry out their activities in connection with the provision of the relevant products Access products at the wholesale level in an independently operating To accommodate business. This business unit shall provide access products and services to all companies, including the other business units of its parent company, subject to the same deadlines and under the same conditions, including with regard to prices and (2) If the Bundesnetzagentur intends to impose an obligation under paragraph 1, it shall submit a request to the Commission, which shall include:

1.

proof that the conclusion of the Bundesnetzagentur referred to in paragraph 1 is justified;

2.

-a reasoned assessment that there is little or no prospect of effective and sustainable infrastructure competition within a reasonable time frame;

3.

an analysis of the expected impact on the Federal Network Agency, on the enterprise, in particular on the staff of the separate enterprise and on the telecommunications sector as a whole, on the incentives to invest in the sector as a whole, , in particular with regard to the need to preserve social and territorial cohesion, as well as to other stakeholders, in particular an analysis of the expected impact on competition and possible consequences for consumers;

4.

an analysis of the reasons why this commitment would be the most efficient means of enforcing remedial action designed to respond to identified competition problems or cases of market failure.

(3) The draft measure to be submitted to the Commission by the application referred to in paragraph 2 shall include:

1.

the precise indication of the nature and extent of the separation, in particular the indication of the legal status of the separate business unit;

2.

the indication of the assets of the separate business unit and of the products and services to be provided by the separate business unit;

3.

the organisational arrangements to ensure the independence of the staff of the separate business unit and the appropriate incentives;

4.

the rules to ensure compliance with the obligations;

5.

the rules to ensure the transparency of operational procedures, in particular with regard to other interest groups;

6.

a monitoring programme to ensure compliance with the obligation, including the publication of an annual report.

(4) Following the decision of the Commission on the application, the Federal Network Agency shall carry out a coordinated analysis of the markets in accordance with § § 10 and 11, in which a connection to the connection network exists. On the basis of its assessment, the Federal Network Agency shall impose obligations, maintain obligations, amend or repeal obligations pursuant to § 13. (5) A company which has been subject to functional separation may, on any individual market, be subject to to which it has been classified as a company with significant market power pursuant to § 11, any of the obligations under § § 19, 20, 21, 23, 24, 30, 39 or § 42 (4) sentence 3 are imposed. Unofficial table of contents

Section 41 Voluntary Separation by a vertically integrated company

(1) Companies that have been identified as having significant market power in one or more relevant markets in accordance with § 11, shall inform the Federal Network Agency in advance and in sufficient time to ensure that they have the effect of the proposed transaction. , of their intention to transfer the installations of their local access network, in whole or in part, to their own legal entity with another owner, or to establish a separate business unit, in order to ensure that all suppliers have access to of the retail level, including its own in the retail sector Company divisions to supply completely equivalent access products. The companies also inform the Federal Network Agency of any changes to this intention as well as the result of the separation process. (2) The Federal Network Agency shall examine the possible consequences of the intended transaction on the existing Commitments under Sections 2 and 3. To this end, it shall carry out a coordinated analysis of the markets in which there is a connection to the connection network, in accordance with the procedure laid down in § 11. On the basis of its assessment, the Federal Network Agency shall lay down obligations, maintain obligations, amend or raise obligations under Section 13. (3) The legally or operationally separate business unit may be subject to any single market on which it is subject. , as a company with significant market power in accordance with § 11, each of the obligations under § § 19, 20, 21, 23, 24, 30, 39 or § 42 (4) sentence 3 is imposed. Unofficial table of contents

§ 41a Net neutrality

(1) The Federal Government is empowered to comply with the basic requirements for non-discrimination in a legal regulation with the consent of the Bundestag and the Federal Council to undertakings operating telecommunications networks. To establish data transmission and non-discriminatory access to content and applications in order to prevent arbitrary deterioration of services and unjustified hindrancing or slowing of traffic in networks; It shall take into account the European requirements and the objectives and Principles of § 2. (2) The Federal Network Agency may, in a technical directive, provide details of the minimum requirements for service quality. Before the minimum requirements are set, the reasons for action are to summarize the proposed requirements and the proposed approach; this presentation shall be timely to the Commission and to BEREC. , The comments or recommendations of the Commission shall be taken as far as possible in the definition of the requirements.

Section 5
Special control of abuse

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Section 42 The abusive conduct of a company with significant market power

(1) A provider of telecommunications services, of services pursuant to Section 78 (2) (4) and (5) or of telecommunications-based services, which has significant market power, or an operator of a public telecommunications network, which has significant market power shall not abusively exploit its position. In particular, there is an abuse if other companies are directly or indirectly obstructed or whose competitive opportunities are significantly impaired without any objectively justifiable reason. (2) An abuse within the meaning of the paragraph 1 shall be presumed if a company with significant market power itself, its subsidiary or partner companies access to its internal services or to its services offered on the market at more favourable conditions or to a better Quality, when it allows other companies to use the (3) An abuse in the sense of the provision of services or services relating to their telecommunications services or services related to such services, unless the undertaking has facts which justify objectively the granting of unfavourable conditions. Paragraph 1 shall also be presumed if an operator of a public telecommunications network with significant market power does not comply with its obligation under Article 22 (1), by processing access applications without any objective reason. (4) At the request or on its own account, the Federal Network Agency shall meet a Decision to end the abuse of a market-powerful position. To this end, it may impose or prohibit the undertaking which abusively exploits its market-powerful position or declare contracts in whole or in part for an ineffectual situation. Sentences 1 and 2 shall apply in accordance with the existence of facts justifying the assumption that a company is in danger of abusively exploiting its market-dominant position on retail markets. Such a decision is to be taken as a rule within four months of the initiation of proceedings. In the case of an application in accordance with the first sentence, the receipt of the application shall be the beginning of the period. The application referred to in the first sentence may be submitted to any telecommunications service provider who claims to be infringed on its own rights. Unofficial table of contents

§ 43 Benefit levy by the Federal Network Agency

(1) If a company has infringed a provision of this law against a provision of the Federal Network Agency in accordance with section 42 (4) or intentionally or negligently, and thereby acquires an economic advantage, the Federal Network Agency shall be responsible for the (2) Paragraph 1 shall not apply if the economic advantage is due to claims for damages or to the imposition or the imposition of a corresponding amount of money. Arrangement of the decay is balanced. In so far as the enterprise provides services under the first sentence only after the benefit levy, the amount of money taken is to be reimbursed to the company at the level of the payments which have been proven. (3) If the implementation of a benefit levy would be a uncheap hardship, the order should be limited to a reasonable amount of money or be completely left out. It should also be maintained if the economic advantage is low. (4) The amount of the economic advantage can be estimated. The amount of money to be paid is to be determined in number. (5) The benefit levy can only be arranged within a period of five years since the end of the infringement and for a maximum period of five years.

Part 3
Customer protection

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Section 43a Contracts

(1) Providers of publicly available telecommunications services shall, in clear, comprehensive and easily accessible form, provide the consumer and, at the request of other end users, the following information in a clear, comprehensive and easily accessible form:

1.

the name and address-capable address; if the provider is a legal person, the legal form, the registered office and the competent register court,

2.

the nature and the main technical performance data of the telecommunications services offered, in particular those referred to in the first sentence of paragraph 2 and the first sentence of paragraph 3,

3.

the estimated duration until the provision of a connection;

4.

the maintenance and customer service offered, as well as the possibilities for contacting these services,

5.

details of the prices of the telecommunications services offered,

6.

the finding of a publicly accessible, full and valid price list for the provider of publicly available telecommunications services,

7.

the duration of the contract, including the minimum amount and duration of use, where appropriate, in order to be able to make use of tenders in the context of promotional activities;

8.

the conditions for the extension and termination of the payment of individual services and of the entire contractual relationship, including the conditions for a change of provider pursuant to § 46, the charges for the transfer of numbers and other participant identifiers and the fees due at the end of the contractual relationship, including cost recovery for terminal equipment;

9.

any compensation and refund arrangements in the event that the supplier has not complied with the main technical performance data of the services to be provided,

10.

the steps required to initiate an out-of-court dispute settlement procedure in accordance with Article 47a,

11.

the participant's claim to receive his/her data in a public directory according to § 45m,

12.

the types of measures that enable the company to respond to security or integrity violations or to threats and vulnerabilities,

13.

the right to block certain number ranges in accordance with § 45d (2) sentence 1 and

14.

the right to block the use and settlement of services provided in addition to the connection via the mobile phone connection in accordance with Section 45d (3).

Providers of public telecommunications networks are required to provide providers of publicly available telecommunications services with the information required to ensure that the information requirements referred to in the first sentence are met, (2) The information referred to in point 2 of paragraph 1 shall be included in the information referred to in point 2 of paragraph 1.

1.

information on whether or not access to emergency services is available with caller location information, and on all restrictions on emergency services;

2.

information on all restrictions on access to and use of services and applications,

3.

the minimum level of quality of service offered and, where appropriate, other parameters for quality of service laid down in accordance with section 41a;

4.

Information on all the procedures established by the company to measure and control data traffic in order to avoid capacity utilisation or congestion of a network connection, and information on the possible effects of such a network connection. Procedures for quality of service and

5.

any restrictions imposed by the supplier on the use of the terminal equipment made available by him.

(3) The details of the information required, as a rule, at least in accordance with paragraph 2, may be laid down by the Federal Network Agency in the Official Journal following the participation of the associations concerned and of the undertakings concerned. For this purpose, the Bundesnetzagentur may require providers of publicly available telecommunications services or providers of public telecommunications networks to carry out surveys on the actual minimum level of service quality, Make measurements or develop aids that allow the participant to make independent measurements. In addition, the Bundesnetzagentur may establish the format of the notification of changes to the contract and the information to be provided on the right of withdrawal, unless comparable regulations already exist. Unofficial table of contents

§ 43b Contract term

The initial minimum duration of a contract between a consumer and a provider of publicly available telecommunications services shall not exceed 24 months. Providers of publicly available telecommunications services shall be obliged to allow a participant to conclude a contract with a maximum term of twelve months. Unofficial table of contents

Section 44 Claim for damages and omission

(1) A company which violates this law, a legal regulation issued under this Act, an obligation imposed on the basis of this law in an allotment or a disposition of the Federal Network Agency, shall be the subject of the shall be obliged to remove and to be subject to any repetition of the risk. The claim already exists when an infringement threatens. It affects who is affected as a final consumer or competitor as a result of the infringement. If the company has a duty or negligence on the part of the company, it is also obliged to compensate a final consumer or a competitor in order to compensate for the damage caused to him by the infringement. The company shall be liable to interest the company from the occurrence of the damage in accordance with sentence 4. § § 288 and 289 sentence 1 of the Civil Code shall apply accordingly. (2) Who in any other way than by use or recommendation of general terms and conditions against the provisions of this law or regulations of one on the ground In the interests of consumer protection, the provisions of this law, which serve to protect the consumer, may be taken into account by the bodies referred to in Article 3 of the Act on the Law of the Undertaking. If the infringements are committed in a business operation by an employee or a representative, the right of injunction shall also be justified against the holder of the holding. In addition, the law on injunctions remains unaffected. Unofficial table of contents

§ 44a Liability

To the extent that an obligation on the part of the provider of publicly available telecommunications services to replace an asset is an end user and is not based on the principle, the liability shall be no more than EUR 12 500 per end user. limited. If the obligation to pay compensation arises from a single act or a uniform damage caused to several end users and this is not based on the principle of compensation, the obligation to compensate for damages shall be without prejudice to the limit set in the sentence 1 shall be limited to a maximum of EUR 10 million. If the compensation to be paid by several victims on the basis of the same event exceeds the maximum limit, the compensation shall be reduced in proportion to the sum of all claims for damages to the ceiling. The limitation of liability in accordance with sentences 1 to 3 shall not apply to claims for compensation for the damage resulting from the default in payment of damages. By way of derogation from sentences 1 to 3, the amount of the liability to end users who are not consumers may be regulated by means of a single contractual agreement. Unofficial table of contents

Section 45 Consideration of the interests of disabled end-users

(1) The interests of disabled end-users shall be taken into account by providers of publicly available telecommunications services in the planning and provision of services. Access shall be granted equivalent to the access equivalent to the majority of end-users. The same shall apply to the selection of undertakings and services. (2) After consultation with the associations concerned and the undertakings concerned, the Bundesnetzagentur may determine the general requirements referred to in paragraph 1, which shall be based on the needs of the disabled end-users. results. In order to ensure the service and the service characteristics, the Federal Network Agency has the power to impose obligations on the company. The Federal Network Agency may depart from such obligations if a hearing of the interested parties shows that these service characteristics or comparable services are deemed to be widely available. (3) The providers of public access to the public Telephone services provide exchange services for deaf and hearing-impaired end-users at an affordable price, taking into account their special needs. The Federal Network Agency shall determine the needs for these mediation services with the participation of the associations concerned and the companies concerned. To the extent that companies do not provide an appropriate switching service, the Federal Network Agency instructs a service provider with the provision of a switching service at an affordable price. The costs not covered by this provision by the user shall bear the costs covered by the companies which do not provide a service that is appropriate to the needs of the service. The share of these costs to be borne by a company is measured according to the ratio of the proportion of outgoing links provided by the respective company to the total volume of the total number of companies subject to payment. provided outgoing connections and shall be determined by the Federal Network Agency. The obligation to pay shall not apply to undertakings which have provided less than 0.5% of the total volume of the outgoing links; the part of the costs incurred by these undertakings shall be borne by the other undertakings in accordance with the conditions laid down in sentence 5. . The Federal Network Agency shall lay down the details of the procedure. Unofficial table of contents

§ 45a Use of land

(1) A provider of publicly available telecommunications services providing access to a public telecommunications network may terminate the contract with the participant without notice of a time limit if the subscriber, on request, not within one month of the supplier's application for the conclusion of a contract for the use of the land after the installation of this law (contract of use), or the person entitled in rem entitled the contract of use to the contract announces. (2) If the application is submitted in due time and a former Contract of use has not been terminated, the participant may terminate the contract without due notice if the provider of publicly available telecommunications services has received the request from the owner for the conclusion of a contract of use of the shall not be accepted within one month by sending the contract signed by him. (3) Unless the owner has concluded a further contract of use and co-use of existing lines and devices of the provider of publicly available telecommunications services by means of other providers do not endanger or impair the fulfilment of the obligations of the provider in accordance with the contract, the authorized provider from the contract of use has, on request, the authorized use of the property on the property and in the to provide lines and equipment of the supplier to the buildings located on them. The provider may levy a fee for shared use, which is based on the cost of efficient provision of services. (4) If the property of the property goes to a third party, § 566 of the German Civil Code applies accordingly. Unofficial table of contents

§ 45b Enttrouble-dienst

The participant may require a provider of a publicly available telephone service to comply with a fault without delay, including at night and on Sundays and public holidays, if the provider of public access to the public telephone service is publicly accessible Telecommunications services have significant market power. Unofficial table of contents

Section 45c Standard technical service

(1) The provider of publicly available telecommunications services shall be obliged to the subscriber to the standards applicable to and the technical requirements applicable to the technical requirements referred to in Article 17 (4) of Directive 2002 /21/EC. (2) The Federal Network Agency should draw attention to the mandatory standards and technical requirements in publications. Unofficial table of contents

§ 45d Network access

(1) Access to public telecommunications networks in fixed locations shall be installed at a suitable location to be agreed with the participant. (2) The participant may be provided with publicly available telephone services and from the provider of publicly available telephone services. Providers of connection to the public telecommunications network require that the use of their network access for certain telephone number ranges within the meaning of § 3 number 18a is blocked free of charge on the network side, insofar as this is technically possible. The disconnection of the blocked call number ranges may be subject to a charge. (3) The subscriber may require the provider of publicly available mobile radio services and the provider of the connection to the public mobile radio network to require that the Identification of his mobile phone connection for the use and billing of a service provided in addition to the connection is blocked free of charge on the network side.

Footnote

(+ + + § 45d para. 2: Gem. Article 5 (2) sentence 2 G v. 3.5.2012 I 958 (1717) with the entry into force of a regulation pursuant to section 45n para. 1 iVm para. 6 no. 1 (F. as of 3.5.2012) no longer apply + + +)
(+ + + § 45d para. 3: Gem. Article 5 (2) sentence 2 G v. 3.5.2012 I 958 (1717) with the entry into force of a regulation pursuant to section 45n para. 1 iVm para. 6 no. 2 (F. as of 3.5.2012) no longer apply + + +) Unofficial table of contents

§ 45e Claim on single-link evidence

(1) The participant may, at any time by the provider of publicly available telecommunications services, require, with effect for the future, a itemised invoice, broken down by individual connection (itemised connection), which shall at least provide the information , which shall be required for the verification of the partial amounts of the invoice. This shall not apply in so far as technical obstacles to the granting of individual connections are contrary or, in principle, an invoice is not granted on account of the nature of the service. The legislation on the protection of personal data shall remain unaffected. (2) The details of which information shall, as a general rule, be required at least for a single-link verification referred to in the first sentence of paragraph 1, and in what form at least, the Federal Network Agency may decide to fix it in the Official Journal. The participant may require a separate proof of connection limited to these provisions, for which no fee may be charged. Unofficial table of contents

Section 45f Pre-paid performance

The participant must be able to access the public telecommunications network on a prepayment basis or to be able to use publicly available telephone services. The details may be set by the Federal Network Agency in the Official Journal. In the event that a corresponding service is not offered, the Federal Network Agency shall write out the performance. § 81 (2), (4) and (5) shall apply mutas to the procedure. Unofficial table of contents

§ 45g Connection price calculation

(1) In the case of settlement, the provider shall be obliged to provide publicly available telecommunications services;

1.

to determine the duration and time-dependent, time-dependent, connections of publicly available telecommunications services, subject to regular settlement with an official time standard,

2.

to identify the distance zones relevant to the tariff classification,

3.

to identify the amount of data transferred, in the case of volume-dependent connections, from publicly available telecommunications services in accordance with a procedure laid down in accordance with paragraph 3; and

4.

the systems, procedures and technical equipment used to calculate the payment requirements on the basis of the established connection data, to ensure regular checks on the accuracy of the settlement and to ensure that the contractual obligations are in accordance with the contractual obligations shall be subject to agreed charges.

(2) The conditions laid down in paragraph 1 (1), (2) and (3), as well as the accuracy of settlement of the data processing equipment referred to in paragraph 1 (4), shall be ensured by means of a quality system, or once a year by public , and to have notified experts or similar bodies to be examined. To demonstrate compliance with this provision, the Federal Network Agency shall be the examination certificate of an accredited certification body for quality assurance systems or the test result of a publicly appointed and sworn-in expert (3) The Federal Network Agency shall, in consultation with the Federal Office for Information Security, lay down requirements for the systems and procedures for determining the remuneration of fixed-volume connections as referred to in paragraph 1 (2), (3) and (4) after consultation of the undertakings concerned, professional circles and Consumer associations shall be available in the Official Journal. Unofficial table of contents

§ 45h invoice content, partial payments

(1) Insofar as a provider of publicly available telecommunications services provides the subscriber with a bill that also includes charges for the services of third parties, the invoice of the provider must be in a highlighted and clearly designed form. The following are included:

1.

the specific name of the services invoied,

2.

the names and loadable addresses of the providers of network services involved,

3.

an indication of the participant's claim to information in accordance with § 45p,

4.

the free customer service telephone numbers of providers of network services and of the accounting provider under which the subscriber may obtain the information in accordance with § 45p,

5.

the overall level of fees paid to each supplier.

§ 45e shall remain unaffected. If the participant pays the total amount of the invoice to the accounting provider, the payment shall also be exempted from the obligation to pay the invoice against the other providers listed on the invoice. (2) The participant shall, before or at the In the event that no other payment is made, partial payments made by the participant to the accounting provider shall be charged on the accounts receivted in the invoice for their share of the total claim of the invoice. (3) The accounting officer Company must inform the invoice recipient in the invoice that (4) (5) The particulars of the information referred to in the first sentence of paragraph 1 of the first sentence on the invoice, at least for a transparent and a reasonable indication of the participant's claim to information according to § 45p are required, the Federal Network Agency may determine by means of the Official Journal. Unofficial table of contents

§ 45i Beanies

(1) The participant may object to an invoice issued to him by the provider of telecommunications services within a period of at least eight weeks after receipt of the invoice. In the event of a complaint, the provider shall, in accordance with the data protection requirements of any other users of the connection, to decode the connection to be billed as a proof of payment according to the individual connection data. and to carry out a technical examination, unless there is evidence that the complaint is not due to a technical defect. The participant may require the proof of payment and the results of the technical examination to be submitted to him within the period of application for the complaint. If a submission requested in accordance with the third sentence does not take place within eight weeks after a complaint has been lodged, any claims arising from such claims shall lapse; the claim made with the settlement shall be due with the submission required by the sentence 3. The Federal Network Agency publishes which procedures are suitable for carrying out the technical testing. (2) If, for technical reasons, no traffic data is stored or stored for the case that no complaints have been made Data after the expiry of the time limit laid down in the first sentence of paragraph 1 or agreed with the provider or on the basis of legal obligations have been deleted, the provider shall not be obliged to provide proof of proof of the connection services provided. The obligation to provide information in accordance with paragraph 1 for the individual connections. The first sentence shall apply in so far as the participant has requested, after having made a clear indication of the consequences in accordance with sentence 1, that traffic data will be deleted or not stored. (3) The provider of publicly accessible Telecommunications services are the responsibility of the proof that it has provided the telecommunications service or access to the telecommunications network technically without error up to the point of transfer at which the subscriber is provided with access to the network. If the technical examination referred to in paragraph 1 results in defects which may have had an effect on the calculation of the contested charge to the detriment of the participant, or if the technical examination shall be carried out later than two months after the complaint is lodged by the If the participant concludes, it will be presumed that the respective provider of publicly available telecommunication services will be inaccurate to determine the amount of connection charged. (4) Insofar as the participant proves that he/she has the use of services of the provider cannot be attributed, has the provider is not entitled to pay against the participant. The claim shall also be waiver insofar as the facts justify the assumption that third parties have influenced the connection charge invoied by unauthorised changes to public telecommunications networks. Unofficial table of contents

§ 45j The obligation to pay a fee in the event of incorrect connection occurrence

(1) If, in the case of § 45i (3) sentence 2, the actual connection volume cannot be established, the provider of publicly available telecommunications services shall be entitled against the participant to the amount which the participant in the previous six accounting periods had to be paid on average as remuneration for a corresponding period of time. This does not apply if the participant proves that in the billing period he has not used the network access or has used it to a lesser extent than after the average calculation. The rates 1 and 2 shall apply accordingly if, in the circumstances, there remain serious doubts as to whether the participant can be credited with the use of the provider's services. (2) Insofar as the business relationship between the provider and the participant is less than six accounting periods, the average calculation referred to in paragraph 1 shall be based on the remaining accounting periods. If, in the corresponding accounting periods of a previous year, there was, on average, a lower claim for payment in comparable circumstances, this amount shall replace the average amount calculated in accordance with the first sentence. (3) Where a provider is charged on the basis of an average calculation, the amount paid by the participant to the requested amount shall be deemed to be due at the latest two months after the complaint. Unofficial table of contents

§ 45k Lock

(1) The provider of publicly available telephone services may, without prejudice to other statutory provisions, refuse to provide services to a participant in whole or in part only in accordance with the provisions of paragraphs 2 to 5 and in accordance with § 45o sentence 3 (lock). § 108 (1) remains unaffected. (2) Due to late payment, the provider may carry out a ban if the participant is in default after deduction of any payments with payment obligations of at least 75 euros and the provider has the lock at least has been threatened in writing two weeks earlier, pointing to the possibility of the participant seeking legal protection in the courts. In the calculation of the amount of the amount referred to in the first sentence, untituated claims shall not be taken into consideration, which the participant has objectionable in terms of form and time and conclusively substantiated. Likewise, untitled disputed claims of third parties within the meaning of Section 45h (1) sentence 1 shall not be taken into consideration. This shall also apply if these claims have been withdrawn. The provisions of the sentences 2 to 4 shall not apply if the provider has previously requested the participant to pay an average amount in accordance with § 45j and the participant has not paid it within two weeks. (3) The provider may not (4) The provider may carry out a ban if, in view of a particular increase in the accounting period compared to the previous six accounting periods, the supplier is entitled to a Connection revenue also increases the amount of the provider's pay request to a particular extent (5) The lock is, as far as technically possible and reasonable, to be limited to certain services. The reason for this is that the participants are not able to accept the claim. It may only be maintained for as long as the reason for the lock persists. A complete blocking of the network access, which also detects incoming telecommunication connections, may take place at the earliest one week after the blocking of outgoing telecommunication connections. Unofficial table of contents

§ 45l Permanent debt ratios for short-term services

(1) The participant may request a free notice from the provider of a service provided in addition to a publicly available telecommunications service, as soon as the remuneration of the service is made up of permanent debt ratios for Short-payment services in the respective calendar month exceed a sum of 20 Euro. The provider is only obligated to send the mention without delay. In the case of a calendar month prior to the beginning of which the participant has requested an indication in accordance with the first sentence and in which the notice has not been received, the provider may not require the amount exceeding 20 euro in the first sentence. (2) The participant may enter Permanent debt ratio for short payment services at the end of a billing period with a notice period of one week against the provider. The billing period shall not exceed the duration of one month. By way of derogation from the first sentence, the participant may terminate a continuous training relationship for short-dial services, which is event-based, at any time and without notice to the provider. (3) Prior to the conclusion of permanent school conditions for Short-term services, in which the receipt of electronic messages by the subscriber is relevant for the provider's remuneration claims, the provider has a clear information about the essential components of the contract to the subscriber. to offer. The main components of the contract include, in particular, the price to be paid, including taxes and duties per incoming short-term consignment, the accounting period, the maximum number of incoming short-term consignments in the billing period, provided that such information is possible in the manner of performance, the right of termination of the contract and the necessary practical steps to be taken. A continuous training relationship for short-term services does not arise if the participant does not confirm receipt of the information in accordance with sentence 1; however, payments made by the participant to the provider are to be repaid. Unofficial table of contents

§ 45m admission to public directories

(1) The subscriber may, at any time, request from his provider of a public telephone service, with his telephone number, his name, his first name and his address, into a generally accessible, not necessary vendor-specific List of participants free of charge or to have their entry deleted again. The provider has to correct an incorrect entry. The participant may, at any time, request that co-users of his/her access be registered with the name and first name, in so far as the law does not preclude the protection of personal data; for this entry, a fee may be charged (2) The claims referred to in paragraph 1 shall also include resellers of language communication services for their subscribers. (3) Paragraphs 1 and 2 shall apply mutas to the inclusion in directory of directory enquiry services. Unofficial table of contents

§ 45n Transparency, publication of information and additional service characteristics for cost control

(1) The Federal Ministry for Economic Affairs and Technology is authorized, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Justice and the Federal Ministry of Food, Agriculture and Consumer Protection, by Regulation, with the consent of the Bundestag, to adopt framework provisions for the promotion of transparency, publication of information and additional service characteristics for cost control in the telecommunications market. (2) In the The legal regulation referred to in paragraph 1 may include providers of public telecommunications networks and providers of publicly available telecommunications services shall be obliged to publish transparent, comparable, sufficient and up-to-date information:

1.

on current prices and tariffs,

2.

on the charges incurred in the event of termination of the contract,

3.

on standard conditions for access to and use of services provided by them for end-users and consumers, and

4.

on the quality of service and on the measures taken to ensure equivalence of access for disabled end-users.

(3) In the context of paragraph 2 (3), providers of public telecommunications networks and providers of publicly available telecommunications services may be required to publish:

1.

the name and address, in the case of legal persons, the legal form, the registered office and the competent registration court,

2.

the scope of the services offered;

3.

details of the prices of the services offered, service characteristics and maintenance services, including any special prices for certain end-user groups, as well as the costs of terminal equipment;

4.

details of their compensation and refund arrangements and their handling,

5.

its general terms and conditions and the minimum contract terms offered by them, the conditions for a change of provider in accordance with section 46, conditions of termination of termination and procedures and direct charges relating to the transfer of call numbers or other identifiers,

6.

general and vendor-related information on dispute resolution and dispute resolution procedures; and

7.

information on the basic rights of end-users of telecommunications services, in particular:

a)

on single-link evidence,

b)

restricted and free-of-charge locks for end-users, or of short-dial data services, or, where technically possible, of other types of similar applications,

c)

on the use of public telecommunications networks against prepayment,

d)

for the distribution of the costs of a network connection over a longer period of time,

e)

on the consequences of late payment for possible locks and

f)

The service characteristics of the telephone number and the call number of the caller are used to draw up the service characteristics.

(4) In the legal regulation referred to in paragraph 1, providers of public telecommunications networks and providers of publicly available telecommunications services may, inter alia, be obliged to:

1.

in the case of numbers or services subject to special pricing, to indicate to the participants the tariffs applicable to them; for individual categories of services, this information may be required immediately prior to the establishment of the connection to provide,

2.

inform the participants of any change in access to emergency services or the caller location information at the service where they are registered,

3.

inform the participants of any changes to the restrictions on access to and use of services and applications,

4.

Provide information on all the procedures set up by the operator to measure and control data traffic in order to avoid a capacity utilisation or congestion of a network connection, and the possible effects of such a network connection. the quality of service,

5.

to inform the participants of their right to take a decision on the inclusion or non-inclusion of their personal data in a list of participants and on the nature of the data in question, in accordance with Article 12 of Directive 2002 /58/EC, and

6.

regularly inform disabled participants of the details of the products and services for which they are intended.

If this is deemed appropriate, the Regulation may also provide for procedures for self-regulation or co-regulation. (5) The information shall be published in a clear, comprehensible and easily accessible form. In the legal regulation referred to in paragraph 1, further requirements may be laid down with regard to the location and form of publication. (6) In the legal regulation referred to in paragraph 1, providers of publicly available telephone services and providers of public services may be required to provide public service providers. telecommunications networks,

1.

offer a facility to block, at the request of providers, outgoing connections or short-dial data services or other types of similar applications or specific types of numbers, free of charge,

2.

offer a facility by which the subscriber can, free of charge, be able to block the identification of a mobile terminal for the use and settlement of a service provided in addition to the connection, free of charge,

3.

to grant consumers a connection to the public telecommunications network on the basis of time-based payments;

4.

to provide a facility with which the participant may request information from the provider about any cheaper alternative tariffs of the respective company, or

5.

to provide a suitable facility to control the cost of publicly available telecommunications services, including free warnings to consumers in the event of abnormal or excessive consumer behaviour, Article 6a (1) to (3) of Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002 /21/EC (OJ L 378, 27.12.2007, p. 32), as last amended by Regulation (EC) No 544/2009 (OJ L 344, 28.12.2009, p. 12), has been amended.

An obligation to offer the additional service characteristics referred to in the first sentence shall not be taken into consideration, after taking into account the views of the parties concerned, if there is already sufficient access to these service characteristics. (7) Federal Ministry of Economics and Technology may transfer the authorisation provided for in paragraph 1 to the Federal Network Agency by means of a legal regulation. A legal regulation of the Federal Network Agency requires the agreement with the Federal Ministry of Economics and Technology, the Federal Ministry of the Interior, the Federal Ministry of Justice, the Federal Ministry of Food, Agriculture and Consumer protection and the Bundestag. (8) The Federal Network Agency may publish in its Official Journal or on its website any information which may be of relevance to the end user. Other legislation, in particular for the protection of personal data and for press law, shall remain unaffected. The Bundesnetzagentur may provide, for the provision of comparable information referred to in paragraph 1, interactive guides or similar techniques themselves or through third parties if they are not available on the market free of charge or at a reasonable price. Available. For the purposes of the provision according to the third sentence, the use of information published by providers of telecommunications networks and by providers of publicly available telecommunications services shall be free of charge for the Federal Network Agency or for third parties. Unofficial table of contents

§ 45o Call number abuse

Whoever establishes telephone numbers in his telecommunications network shall inform the dispatch taker in writing that the transmission and transmission of information, goods or other services under certain circumstances shall be prohibited by law. is. If he is assured that a telephone number set up in his telecommunications network is used in breach of the first sentence, he shall be obliged to take immediate action to prevent a repetition of the situation. In the event of repeated or serious violations of legal prohibitions, the provider is obliged to block the telephone number after a short time limit has been made, after a warning has been made. Unofficial table of contents

§ 45p entitlement to information on additional services

(1) If the provider of publicly available telecommunications services provides the subscriber with an invoice which also includes charges for the services of third parties, he shall, at the request of the subscriber, immediately receive the following information free of charge at the request of the participant. Make available:

1.

the names and non-eligible addresses of the third parties,

2.

in the case of service providers established abroad, the address-capable address of a general public service representative in the country.

The same obligation also applies to the participating suppliers of network services. (2) The responsible provider of a service provided in addition to the connection must, at the request of the participant, inform it of the reason and object of the service. Claim for compensation, which is not exclusively the consideration of a connection performance, in particular about the type of service provided. Unofficial table of contents

§ 46 Provider change and relocation

(1) The providers of publicly available telecommunications services and the operators of public telecommunications networks shall ensure, in the event of a change of provider, that the performance of the losing company is not against the participant is interrupted before the contractual and technical requirements for a change of provider are in place, unless the participant requires it. In the case of a change of provider, the service of the subscriber may not be interrupted for more than one calendar day. If the change fails within this period, the first sentence shall apply. (2) From the end of the contractually agreed performance, the donating company shall have a claim against the participant in accordance with the first sentence of paragraph 1 up to the end of the service obligation. on payment payment. The amount of the remuneration is based on the originally agreed terms of the contract, with the proviso that the agreed termination rates will be reduced by 50 percent, unless the issuing company proves that the participant has the right to Failure of provider change to represent. In the case referred to in the first sentence of paragraph 1, the issuing undertaking shall make a detailed statement of settlement with regard to the participant. The claim of the receiving company to pay payment to the participant does not arise before the successful conclusion of the provider change. (3) In order to ensure the provider change in accordance with paragraph 1, operators of public In particular, telecommunications networks in their networks shall ensure that subscribers are able to maintain their telephone number, irrespective of the undertaking providing the telephone service, as follows:

1.

in the case of geographically bound telephone numbers at a specific location, and

2.

in the case of non-geographically bound telephone numbers at each location.

The rule set out in the first sentence shall only apply within the number or number of rooms fixed for a telephone service. In particular, the transmission of telephone numbers for telephone services at fixed locations to those without a fixed location and vice versa is inadmissible. (4) In order to ensure the exchange of providers as referred to in paragraph 1, providers of public access must be able to In particular, telecommunications services shall ensure that their end-users are able to maintain their assigned telephone numbers when switching the provider of publicly available telecommunications services in accordance with paragraph 3. In any case, the technical activation of the telephone number must be made within one calendar day. In the case of providers of publicly available mobile telephony services, the first sentence shall apply with the proviso that the end user may at any time request the transmission of the telephone number allocated. This does not affect the existing contract between the end user and the provider of publicly available mobile communications services; the receiving provider has to inform the end user of this in text form before the contract is concluded. In this case, the donating provider is obliged to inform the end user of any costs incurred. Upon request, the donor has to assign a new telephone number to the end user. (5) The participant can only be charged with the costs that arise once upon a change. The same shall apply to the costs incurred by a network operator to a provider of publicly available telecommunications services. Any charges shall be subject to subsequent regulation in accordance with § 38 (2) to (4). (6) Operators of public telecommunications networks shall ensure in their networks that all calls to the European Telephone Numbering Space (7) The declaration of the participant to set up or modify the carrier preselection or the power of authority he has granted to submit this declaration requires the text form. (8) The provider of publicly accessible Telecommunications services which enter into a contract with a consumer via publicly available Telecommunications services shall be obliged if the consumer changes his place of residence, the contractual performance in the new place of residence of the consumer without any change in the agreed contract period and the other To provide the contents of the contract to the extent that this is offered there. The provider may require an appropriate fee for the expenses incurred by the move, but this may not be higher than the fee provided for the switching of a new connection. If the service is not offered at the new place of residence, the consumer is entitled to terminate the contract in accordance with a notice period of three months at the end of a calendar month. In any case, the provider of the publicly available telecommunications service shall be obliged to inform the provider of the public telecommunications network of the consumer's extract without delay if the provider of the public telecommunications network is publicly available. (9) The Bundesnetzagentur may determine the details of the procedure for the exchange of providers and the obligation to provide information in accordance with the fourth sentence of paragraph 8. In particular, account shall be taken of the following:

1.

contract law,

2.

technical development,

3.

the need to ensure the continuity of the service to the participant, and

4.

if necessary, measures to ensure that participants are protected during the whole transmission process and are not relocated against their will to another provider.

For subscribers who are not consumers and with whom the provider of publicly available telecommunications services has reached an individual agreement, the Federal Network Agency may adopt derogations from the provisions of paragraphs 1 and 2. The powers provided for in Part 2 of this Act and Article 77a (1) and (2) shall remain unaffected. Unofficial table of contents

§ 47 Provision of participant data

(1) Any undertaking providing publicly available telecommunications services and giving telephone numbers to end-users shall be obliged, in compliance with the applicable data protection regulations, to any undertaking on request. in accordance with the fourth sentence of paragraph 2, for the purposes of providing publicly available information services, information on the individual request of another user pursuant to Article 95 (2), first sentence, and lists of subscribers to be provided to the public To be made available. The transfer of the data shall be effected immediately and in a non-discriminatory manner. (2) Participant data shall be the data published in subscriber directories in accordance with § 104. This includes, in addition to the number, the data to be published, such as name, address and additional information such as occupation, industry, type of connection and co-user, insofar as they are available to the company. This includes all information, links, assignments and classifications, which are prepared according to the state of the art in accordance with the applicable data protection regulations in a customer-oriented form, which are used for the purpose of: Publication of this data in publicly available directory enquiry services and directories according to the first sentence of the first sentence. The data must be completely and technically prepared in such a way that, according to the state of the art, it is not difficult to create a customer-friendly list of participants or a corresponding one. (3) If disputes arise between companies over the rights and obligations arising from paragraphs 1 and 2, § 133 shall apply mutas. (4) A fee may be used for the transfer of the participant data. ; this shall be subject to subsequent regulation in accordance with § 38 Par. 2 to 4. Such a charge shall only be subject to an authorisation requirement in accordance with § 31 if the company has significant market power on the market for end-user services. Unofficial table of contents

§ 47a conciliation

(1) Where there is a dispute between the subscriber and an operator of public telecommunications networks or a provider of publicly available telecommunications services as to whether the operator or provider is a member of the subscriber Has fulfilled an obligation relating to the conditions or implementation of the contracts relating to the provision of such networks or services and shall be subject to the following arrangements:

1.

§ § 43a, 43b, 45 to 46 or to the legal regulations issued pursuant to these regulations and § 84 or

2.

Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002 /21/EC (OJ L 378, 27.12.2007, p. 32), as last amended by Regulation (EC) No 544/2009 (OJ L 344, 28.12.2009, p. OJ L 167, 29.6.2009, p.

The Federal Network Agency may initiate a conciliation procedure with the Federal Network Agency (Bundesnetzagentur). (2) The Federal Network Agency shall consult the participant and the provider in order to carry out the conciliation. It should aim at an amicable agreement between the participant and the provider. (3) The conciliation procedure shall end if:

1.

the application for a resolution is withdrawn;

2.

the participant and the provider have agreed and communicated this to the Federal Network Agency,

3.

the participant and the provider agree that the dispute has been settled,

4.

the Bundesnetzagentur notifies the participant and the provider in writing that an agreement could not be reached in the conciliation procedure, or

5.

the Federal Network Agency shall determine that the concerns referred to in paragraph 1 are no longer affected.

(4) The Federal Network Agency shall regulate the further details of the dispute settlement procedure in a Schlichtungsordnung (Schlichtungsordnung) published. Unofficial table of contents

Section 47b Differing agreements

The provisions of this Part or of the legal regulations adopted pursuant to this Part shall not, unless otherwise specified, deviate to the detriment of the participant.

Part 4
Broadcast transmission

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§ 48 Interoperability of television sets

(1) Each analogue television set with an integrated screen, for sale, hire or otherwise, whose visible diagonal exceeds 42 centimetres, shall be provided with at least one of a recognised European standards organisation (2) Each digital television receiver for sale, rent or otherwise, must be equipped with a digital television receiver,

1.

in so far as it contains an integrated screen, the visible diagonal of which exceeds 30 centimetres, fitted with at least one interface socket adopted by a recognised European standards organisation or common, industrywide open specification and allowing the connection of digital television receivers and the possibility of access authorization,

2.

insofar as it contains an application programming interface, meet the minimum requirements of such an interface adopted by a recognised European standards organisation or a common, industry-wide open Interface specification and the third parties are allowed to manufacture and operate their own applications independently of the transmission process.

(3) Any digital television receiver for sale, hire or otherwise provided for the reception of conventional television signals and for access authorization shall be capable of displaying signals,

1.

which correspond to a single European encryption algorithm, as managed by a recognised European standards organisation,

2.

which do not require access authorization; in the case of rental equipment, this applies only if the tenancy agreement is complied with by the tenants.

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Section 49 Interoperability of the transmission of digital television signals

(1) Operators of public telecommunications networks which transmit digital television signals must also disseminate such signals, which are transmitted in whole or in part for display in the 16: 9 screen format, in this format. (2) Right-holders of application programming interfaces are obligated, manufacturers of digital television receivers, as well as third parties claiming a legitimate interest, in an appropriate, non-discriminatory and non-discriminatory manner, and against appropriate Remuneration shall be made available to all the information which it provides: enable fully functional services supported by the application programming interfaces. The criteria of § § 28 and 42 apply. (3) Any dispute between the parties on compliance with the provisions of paragraphs 1 and 2 shall be applicable to any of the parties involved in the call to the Federal Network Agency. The Federal Network Agency shall take a decision within two months after consulting the parties concerned. Within the framework of this procedure, the Federal Network Agency shall provide the competent authority with the opportunity to comment. If the competent authority collects media-law objections in accordance with national law, it shall take a decision accordingly within the specified time frame. The two decisions can be made in a combined procedure. (4) The parties must immediately follow an arrangement of the Federal Network Agency in accordance with paragraph 3, unless the Federal Network Agency has a different implementation period determined. In order to enforce the order, the Federal Network Agency can set a penalty payment of up to 500,000 euros in accordance with the Administrative Enforcement Act. Unofficial table of contents

§ 50 Access authorization systems

(1) providers of conditional access systems must technically design them in such a way that they allow the cost-effective handover of the control functions, and thus enable operators of public telecommunications networks to operate at local or regional level. allow full control of the services that use such access authorization systems. (2) holders of industrial property rights in conditional access systems to grant licences to manufacturers of digital television receivers, or to third parties who provide evidence of a legitimate interest, this shall be Reasonable and non-discriminatory conditions shall be applied. The criteria of § § 28 and 42 apply. The holders may take appropriate account of technical and economic factors. However, the granting of licences may not be subject to conditions to be met by the installation

1.

a common interface for the connection of other access authorization systems, or

2.

Specific components of another access authorization system for reasons of transaction security of the content to be protected

(3) providers and users of conditional access systems shall be required to:

1.

enable all broadcasters to use their necessary technical services for the use of their systems and to provide the necessary information for appropriate, proportionate and non-discriminatory conditions,

2.

in so far as they are also responsible for the billing system with the end users, before concluding a contract with an end user which is subject to a fee, to give the end user a list of charges,

3.

have separate accounts of their activities as providers of these systems,

4.

before admission and a change in their offer, the information on the numbers 1 to 3 as well as the individual services offered for end-users and the charges requested by the Federal Network Agency are displayed.

(4) The Federal Network Agency shall immediately inform the competent authority of the notification referred to in paragraph 3, point 4, by country law. If, on the basis of the notification within a period of two months, the Federal Network Agency or the competent authority in accordance with national law shall, within a period of two months, conclude that the offer does not meet the requirements laid down in paragraph 3 (1) to (4). , they shall require changes to the offer. If the specifications cannot be reached in spite of changes or if the changes are not fulfilled in spite of the request, they will prohibit the offer. (5) Do not add one or more providers or users of access authorization systems via significant market power, the Bundesnetzagentur may amend or repeal the conditions set out in paragraphs 1 to 3 in respect of the person concerned or the person concerned, if:

1.

the prospects for effective competition on the end-user markets for the transmission of broadcast signals, as well as for conditional access systems and other associated facilities, are not adversely affected by this, and

2.

the competent authority in accordance with the law of the country has established that the requirements for capacity and carry-over obligations under national law are not adversely affected by this.

§ § 11 to 14 (1) shall apply mutas to the procedure provided for in the first sentence. The decision under sentence 1 shall be reviewed by the Federal Network Agency every two years. Unofficial table of contents

Section 51 Dispute Settlement

1. The persons entitled to or pledge by the provisions of this Part may, in order to settle unresolved disputes relating to the application of those provisions, call the conciliation body together. The call shall be made in writing. The Federal Network Agency shall decide within a period of not more than two months. (2) The Schlichtungsstelle shall be established at the Federal Network Agency. It shall consist of one of the Chairmen and two members sitting on the board. The Federal Network Agency regulates the establishment and occupation of the Schlichtungsstelle (Schlichtungsstelle) and establishes a procedural order. Establishment and filling of the Schlichtungsstelle and the Rules of Procedure shall be published by the Federal Network Agency (Bundesnetzagentur). (3) The Schlichtungsstelle shall provide the competent authority according to national law within the framework of this procedure. Opinion. If the competent authority collects media-law objections in accordance with national law, it shall take a decision accordingly within the specified time frame. The two decisions can be made in a combined procedure.

Part 5
Allocation of frequencies, numbers and rights of way

Section 1
Frequency order

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Section 52 Tasks

(1) In order to ensure efficient and interference-free use of spectrum, and taking into account the further regulatory objectives referred to in Article 2, frequency ranges shall be allocated and divided into frequency uses, frequencies allocated and (2) The Federal Network Agency shall take orders in the event of spectrum use in connection with the operation of radio equipment on foreign land, water and aircraft which are in the scope of this Act. (3) For the purposes of Frequency usage, which is within the remit of the Federal Ministry of The Federal Ministry of Economics and Technology is in agreement with the Federal Ministry of Defense (Federal Ministry of Defence). Unofficial table of contents

§ 53 Frequency allocation

(1) The Federal Government is hereby authorized to determine the frequency allocations for the Federal Republic of Germany and further provisions related thereto in a frequency regulation. The frequency regulation requires the approval of the Federal Council. The preparation of the parties concerned by radio spectrum allocations shall be included. (2) In the allocation of frequencies, the relevant international agreements, including the Radio Regulations (VO Funk), shall be the European To take account of harmonisation and technical development. Where, in the context of the allocation of frequencies, provisions relating to spectrum uses and more detailed provisions relating thereto are also affected, restrictions shall be admissible only on the grounds set out in Article 9 (3) and (4) of Directive 2002/21/EC. Unofficial table of contents

§ 54 Frequency use

(1) On the basis of the frequency allocations and the provisions of the Regulation in accordance with § 53, the Federal Network Agency shall inform the frequency ranges in frequency use as well as the terms of use related thereto (frequency plan). In doing so, it shall involve the federal and state authorities concerned, the parties concerned and the public, and shall take into account the regulatory objectives set out in § 2. To the extent that public security concerns and the broadcasting capacity available to broadcasting on the basis of the broadcasting rights are concerned with the broadcasting of broadcasting under the jurisdiction of the countries, the The Federal Network Agency shall establish the agreement with the competent national authorities. The use of spectrum and the terms of use shall be described by technical, operational or regulatory parameters. These parameters may also include information about usage restrictions and planned uses. The frequency plan and its amendments shall be published. (2) Spectrum for wireless network access to telecommunications services shall be dismissed in such a way as to ensure that all technologies provided for this purpose may be used, without prejudice to paragraph 3. and all types of telecommunications services are permitted. (3) § 53 (2) shall apply accordingly. Unofficial table of contents

§ 55 Frequency allocation

(1) Any use of spectrum shall be subject to prior frequency allocation, unless otherwise provided for in this Act. A frequency allocation shall be the authority or permission granted by law to use certain frequencies under fixed conditions. The frequency allocation shall be carried out in accordance with the frequency plan and without discrimination on the basis of comprehensible and objective procedures. Frequency allocation shall not be required if the rights of use of the spectrum may be exercised on the basis of any other statutory regulation. In so far as the use of other allocated frequencies is necessary for authorities to exercise statutory powers and the use of such frequencies does not require any significant impairment of use, the use of such use shall be carried out in compliance with the the Federal Network Agency, in consultation with the needs and right-holders, allows for a defined framework conditions without requiring a frequency allocation. (2) Frequencies are generally accepted by the Federal Network Agency as general allocations by the Federal Network Agency for the use by the general public or by a Allotted to certain or identifiable groups of persons. The general allocation shall be made public. (3) If a general allocation is not possible, the Federal Network Agency shall use frequencies for individual spectrum uses of natural persons, legal persons or associations of persons, as far as they are shall be entitled to a right, individually allocated on request. Frequencies are allocated individually in particular if a risk of harmful interference cannot be ruled out differently, or if this is necessary to ensure efficient use of the frequency. The decision on the granting of rights of use intended for the supply of telecommunications services shall be published. (4) The request for the individual allocation referred to in paragraph 3 shall be made in the form of a text. The application shall indicate the area in which the frequency shall be used. The fulfilment of the subjective conditions for the allocation of frequencies shall be set out in order to ensure efficient and uninterrupted use of spectrum and other conditions set out in Annex B to Directive 2002 /20/EC. The Federal Network Agency decides on complete applications within six weeks. International agreements on the use of radio frequencies and revenue positions remain unaffected by this deadline. (5) Frequencies shall be allocated if:

1.

they are designated for the intended use in the frequency plan,

2.

they are available,

3.

the compatibility with other spectrum uses has been given and

4.

ensure efficient and trouble-free use of spectrum by the applicant.

A frequency allocation may be wholly or partly failed if the use intended by the applicant is not compatible with the regulatory objectives according to § 2. If the interests of the countries involved in the transmission of broadcasting are affected by the countries, the consultation with the competent national authority must be established on the basis of the broadcasting regulations. (6) The applicant has (7) The Federal Network Agency shall be notified immediately of the start and termination of the use of the spectrum. The Federal Network Agency shall indicate changes of name, changes in the address, direct and indirect changes in ownership, including related enterprises, and changes in the identity of the Bundesnetzagentur. (8) A change in the Frequency allocation shall be applied immediately to the Federal Network Agency, subject to the submission of appropriate documents in text form, if:

1.

to omit the rights of use of the spectrum by means of a succession of individual or total rights,

2.

frequencies to be transferred to an affiliated company within the meaning of section 15 of the German Stock Corporation Act (AktG),

3.

frequencies are to be transferred from a natural person to a legal person in which the natural person is involved, or

4.

wants to continue to use a legacy spectrum.

In such cases, spectrum may be used further until the decision on the amendment is adopted. The amendment shall be approved if the conditions for the allocation of frequencies referred to in paragraph 5 are met, that there is no distortion of competition on the relevant and relevant market and that there is an efficient and trouble-free basis Frequency usage is guaranteed. If frequency allocations are no longer used, the renunciation of them shall be explained in writing without delay. If a legal person who has been allocated frequencies is dissolved without there being any legal successor, the person carrying out the resolution shall return the frequencies. If a natural person dies without a heir wanting to continue using the frequencies, they must be returned by the heir or the estate manager. (9) Frequencies are usually allocated on a temporary basis. The time limit must be appropriate for the use in question and must take due account of the amortisation of the investments necessary for this purpose. A fixed-term allocation shall be extended if the conditions for a frequency allocation referred to in paragraph 5 are met. (10) There are insufficient frequencies available for frequency allocations or are available for certain frequencies. , the Bundesnetzagentur may, without prejudice to paragraph 5, arrange for the allocation of frequencies to be preceded by an award procedure in accordance with Section 61. The parties concerned shall be consulted before the decision is taken. The decision of the Federal Network Agency shall be published. Unofficial table of contents

§ 56 Orbit positions and frequency exploits by satellites

(1) Natural or legal persons residing or having their registered office in the Federal Republic of Germany who use orbital positions and frequencies by satellite shall be subject to the obligations arising from the constitution and convention of the (2) Each exercise of German Orbit and Frequency Use Rights requires, in addition to the frequency allocation in accordance with § 55 paragraph 1, of the transmission by the Federal Network Agency. Upon request, the Federal Network Agency shall carry out the notification, coordination and notification of satellite systems to the International Telecommunication Union and shall transmit the resulting Orbit and Frequency Use Rights to the applicant. The prerequisite for this is that:

1.

frequencies and orbital positions are available,

2.

the compatibility with other spectrum uses and other applications for satellite systems is provided,

3.

public interests are not affected.

(3) An award procedure may be carried out for existing German plan entries and other unused orbiting and frequency use rights in the International Telecommunication Union on the basis of the conditions to be determined by the Federal Network Agency. (4) The transfer may be withdrawn if those rights have not been exercised for more than one year or if the conditions set out in the third sentence of paragraph 2 are no longer fulfilled. Unofficial table of contents

Section 57 Frequency allocation for broadcasting, aviation, shipping, inland waterway transport and safety-related radio applications

(1) For the allocation of frequencies for the transmission of broadcasting within the competence of the Länder, in addition to the requirements of § 55 on the basis of the broadcasting regulations, the consultation with the competent State authority shall be . The respective state authority shall communicate the supply requirements for broadcasting within the competence of the Länder of the Federal Network Agency. The Federal Network Agency implements these requirements for the frequency allocation in accordance with § 55. For more information on the procedure, the Federal Network Agency shall determine the competent national authorities on the basis of radio-legal provisions. The frequencies allocated to the broadcasting service in the frequency plan may be used for purposes other than broadcasting broadcasting within the jurisdiction of the countries where radio broadcasting is based on the broadcasting of broadcasting rights. the available capacity is available. To this end, the Federal Network Agency shall consult with the competent national authorities. If the competent State authority has allocated the content of an analogue or digital use of radio spectrum to a content provider for the sole use of broadcasting within the jurisdiction of the countries, the content provider may be subject to a contract conclude with a broadcasting network operator of its choice to the extent that it has been ensured that the provisions of the broadcasting law have been complied with. If the transmission system operator fulfils the conditions of allocation, the Federal Network Agency shall inform the operator of the frequency at the request. The frequency allocation is to be limited to the duration of the broadcast legal assignment of the competent national authority and can be extended in the event of continuation of this assignment. (2) Frequency uses of the Federal Ministry of Defence require in the (3) frequencies designated for navigation and inland waterway transport, as well as aeronautical transport, shall be considered to be allocated to third parties, water or aircraft within the scope of this law, are used for the relevant purposes. This applies only to frequencies which are used on the basis of a valid national permit from the respective country in which the vehicle is registered. (4) For frequencies which are intended for the radio of the authorities and organisations with security tasks. (BOS radio), the Federal Ministry of the Interior, in consultation with the competent national authorities, is responsible for the designation of the Federal Ministry of the Interior in a directive

1.

the powers of the authorities concerned,

2.

the procedure for recognition as a person entitled to participate in the BOS radio,

3.

the procedure and responsibilities in the processing of requests for spectrum allocation within the BOS,

4.

the principles on frequency planning and frequency coordination procedures within the BOS and

5.

the regulations for radio operation and for the cooperation of frequency users in the BOS radio.

The Directive is to be co-ordinated with the Bundesnetzagentur (Bundesnetzagentur), in particular points 4 and 5. On a case-by-case basis, the Federal Ministry of the Interior shall, after hearing the competent supreme federal or state authorities responsible, certifying the membership of an applicant to the circle of persons entitled to be recognised in accordance with the first sentence. (5) The The Federal Network Agency shall provide frequencies for the use of the air traffic service if the decisions of the Federal Supervisory Authority for air traffic control required by air traffic law are available. The competence of the Federal Network Agency as defined in § 55 and its possibilities for intervention shall remain unaffected. (6) Frequencies for use by coastal radio stations of the broadcasting and port radio service shall be allocated only if the consent of the Water and Shipping Administration. Unofficial table of contents

§ 58 Common spectrum use, testing of innovative technologies, short-term frequency requirements

(1) Frequencies in which an efficient use by an individual cannot be expected alone may also be allocated to more than one Community use. The holders of these frequency allocations will have to accept impairments resulting from a proper sharing of the frequency. (2) In substantiated individual cases, in particular for testing innovative technologies in the In the case of telecommunications or in the event of a short-term frequency requirement, the definitions contained in the frequency plan may be subject to a temporary derogation in the allocation of frequencies. The prerequisite for this is that no frequency usage is impaired. If the interests of the countries involved in the transmission of broadcasting are affected by the countries concerned, the consultation with the competent national authority shall be established on the basis of the findings of the radio broadcasting. Unofficial table of contents

§ 59 (omitted)

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§ 60 Components of the frequency allocation

(1) In the context of the allocation of frequencies, the nature and extent of the use of spectrum shall be defined in particular where this is necessary to ensure efficient and trouble-free use of the spectrum. When determining the nature and extent of the frequency allocation, international agreements on frequency coordination shall be observed. The use of allocated frequencies may only be carried out with radio equipment intended for the operation in the Federal Republic of Germany. (2) In order to ensure efficient and trouble-free use of the spectrum, as well as the other regulatory objectives referred to in § 2, the frequency allocation may be accompanied by secondary provisions. If, after the frequency allocation, it is established that there are significant restrictions on the use of the spectrum on the basis of increased use of the frequency spectrum, or that significant restrictions on the use of such spectrum are being made, If increased efficiency is possible, the nature and extent of the spectrum use referred to in paragraph 1 may subsequently be amended. If the interests of the Länder are affected in the transmission of broadcasting within the jurisdiction of the countries, the consultation with the competent authority shall be established on the basis of the broadcasting regulations. (3) The frequency allocation may be Information on the parameters used by the Federal Network Agency to determine the nature and extent of the use of radio frequencies in relation to the reception facilities. In the event of non-compliance with the notified parameters, the Bundesnetzagentur will not take any measures to deal with any disadvantages. (4) frequencies which serve to transmit broadcasting within the jurisdiction of the countries will be carried out in consultation with the competent national authority, subject to conditions which ensure that the broadcasting rights of the countries are taken into account. Unofficial table of contents

Section 61 Award procedure

(1) If, in accordance with Article 55 (10), it has been ordered that the allocation of frequencies should be preceded by an award procedure, the Federal Network Agency may, after consulting the parties concerned, the auctioning procedure referred to in paragraph 5 or the tender procedure in accordance with paragraph 6. The Federal Network Agency shall publish the decision on the choice of the procedure as well as the stipulations and rules for the implementation of the procedures. The allocation of frequencies shall be carried out in accordance with § 55 after the award procedure has been carried out in accordance with the first sentence. (2) In principle, the auctioning procedure referred to in paragraph 4 shall be carried out, unless this procedure is not appropriate for the procedure referred to in paragraph 4. to ensure regulatory objectives in accordance with § 2. This may in particular be the case where frequencies for which radio frequencies may be used in compliance with the frequency plan have already been allocated without auctioning procedures, or where an applicant for the use of radio frequencies is already available for use in the the frequencies to be allocated may be subject to a preferential legal basis. The procedure laid down in paragraph 4 shall not apply to frequencies intended for the transmission of radio broadcasting within the competence of the countries concerned. (3) The award procedure shall be established to determine which or which of the Applicants are best suited to use the frequencies to be given efficiently. The Federal Network Agency shall determine before the implementation of a procurement procedure

1.

the minimum conditions for admission to the award procedure, which are to be met by an applicant, subject to technical and objective conditions,

2.

the use of spectrum for which the frequencies to be awarded may be used in accordance with the frequency plan,

3.

the basic level of spectrum necessary for the inclusion of the telecommunications service, provided that this is necessary,

4.

the terms and conditions of use, including the level of supply in the use of spectrum and its implementation over time.

(4) In the event of auctioning, the Bundesnetzagentur shall lay down in detail the rules for the implementation of the auctioning procedure prior to the implementation of the procurement procedure, which must be objective, comprehensible and non-discriminatory; and consideration of the needs of small and medium-sized enterprises. The Federal Network Agency may set a minimum bid for participation in the auctioning procedure. The auction shall be preceded by a procedure in which the authorisation to auctioning is to be requested in writing. The Federal Network Agency shall decide on the authorisation by written notice. The application for authorisation shall be rejected if the applicant fails to present and proves that he/she fulfils the conditions laid down in the second sentence of paragraph 3 and satisfies the conditions laid down in Article 55 (5). (5) In the case of the invitation to tender, the Federal Network Agency before carrying out the award procedure the criteria according to which the suitability of the applicants is evaluated. Criteria are the reliability, expertise and performance of the applicants, the suitability of planning plans for the use of the frequencies advertised, the promotion of a sustainably competitive market and the spatial planning of the Level of Supply. In the case of otherwise identical suitability, the applicant shall be selected to ensure a higher degree of territorial coverage with the corresponding telecommunications services. (6) Obligations which applicants shall have in the course of a auctioning or (7) In the case of an auctioning procedure pursuant to paragraph 4 or a tendering procedure pursuant to paragraph 5, the maximum period of six weeks referred to in Article 55 (4) may be so be extended for a long time, however, for a period of eight months, in order to ensure that all To ensure an appropriate, fair, open and transparent procedure for the parties involved. These deadlines shall be without prejudice to applicable international agreements on the use of frequencies and satellite coordination. Unofficial table of contents

Section 62 Flexibility

(1) The Federal Network Agency may, after consulting the parties concerned, release spectrum areas for trading, renting or cooperative, Community use (frequency pooling) in order to allow for flexible spectrum use. It lays down the framework conditions and the procedure. (2) The framework conditions and the procedure shall in particular ensure that:

1.

the efficiency of spectrum use is increased or maintained,

2.

the original award procedure does not preclude spectrum allocation;

3.

is not to distort competition,

4.

the other legal framework conditions, in particular the terms and conditions of use and international agreements on spectrum use, are complied with and

5.

the regulatory objectives referred to in Article 2 shall be ensured.

The decision on the framework conditions and the procedure must be published. In the case of frequencies provided for broadcasting services, the decision shall be taken in agreement with the body responsible under national law. (3) Revenue obtained from the measures referred to in paragraph 1 shall be less the administrative costs of the person concerned. , which transfers its rights of use to third parties or leaves them for use or co-use. Unofficial table of contents

Section 63 Revocation of the frequency allocation, waiver

(1) A frequency allocation may be revoked if not within one year of the allocation of the frequency in the sense of the purpose of the assignment, or if the frequency is not longer than one year in the sense of the allocation of the frequency of the purpose of the allocation has been used. In addition to the cases of § 49 (2) of the Administrative Procedure Law, the allocation of frequencies may also be revoked if:

1.

one of the conditions laid down in Article 55 (5) and Article 57 (4) to (6) is no longer fulfilled,

2.

an obligation resulting from the allocation of frequencies, whether or not repeatedly contraed or not complied with in spite of a request,

3.

after the frequency allocation, distortions of competition are likely, or

4.

a distortion of competition by means of a change in ownership in the person of the holder of the frequency allocation.

The time limit until the revocation is effective shall be appropriate. Where frequencies are affected for broadcasting broadcasting within the jurisdiction of the countries, the Federal Network Agency shall establish, on the basis of the broadcasting regulations, the consultation with the competent national authority. (2) The Frequency allocation shall be revoked if, at a frequency allocated for the transmission of broadcasting within the jurisdiction of the countries, all the broadcasting rights of the competent State authority responsible for broadcasting are to be revoked at that frequency. Frequency is transmitted. If, at a frequency in accordance with the first sentence, one or all of the radio-legal provisions of the first sentence have been omitted and no new broadcasting-law determination is granted within six months, the Federal Network Agency may, in consultation with the competent State authority to the previous holder of this frequency, with a limited obligation or without obligation to transmit broadcasting within the jurisdiction of the countries in accordance with the frequency plan, even if this is not the case previous award procedures. (3) § 49 (6) of the The Administrative Procedure Act shall not apply to the revocation referred to in paragraphs 1 and 2. (4) Frequency allocations for the analogue radio to ultra-short wave, which are limited to 31 December 2015, shall be subject to the provisions of Section 57 (1), sentence 8, of the Federal Network Agency until the end of the allocation of transmission capacities according to national law, but at the latest for ten years, provided that the content provider agrees to it. Non-temporary allocations shall not be withdrawn at this point in time, if a transmitter network operator selected by the content provider in accordance with § 57 (1) sentence 8 may request the allotment to be allotted to him. § 63 (1) sentence 4 shall apply accordingly for the revocation decision. A reasonable period of at least three months, but not less than 31 December 2015, shall be provided for the revocation of the revocation. (5) The frequency allocation shall be waived by waiving. The waiver must be explained in writing to the Bundesnetzagentur (Bundesnetzagentur) under the exact designation of the frequency allocation. Unofficial table of contents

Section 64 Monitoring, arrangement of the decommissioning

(1) In order to ensure the frequency order, the Federal Network Agency shall monitor the use of spectrum. To the extent that it is necessary and appropriate, in particular for the identification of a frequency user, the staff of the Federal Network Agency shall have the power to obtain knowledge of the circumstances of a telecommunications operation and to provide information in the special cases should be heard in the case of foreign missions. The information obtained by means of measures referred to in the second sentence may only be used to ensure the frequency order. By way of derogation, information may be transmitted to the competent authorities, insofar as this is necessary for the prosecution of a criminal offence referred to in § 100a of the Code of Criminal Procedure. The basic right of telecommunications secrecy pursuant to Article 10 of the Basic Law is limited in accordance with the sentences 2 to 4. (2) To ensure the frequency order, the Federal Network Agency may restrict the operation or take out the operation of devices. In order to enforce these orders, a periodic penalty payment of up to € 500,000 may be fixed in accordance with the law on administrative enforcement. Unofficial table of contents

Section 65 Restriction of frequency allocation

The use of allocated frequencies may be temporarily restricted if these frequencies are used by the competent authorities in order to deal with their tasks in the case of tension and defence, in the context of obligations under alliances, within the framework of the cooperation with the United Nations, in the context of international agreements on emergency management, or in the event of natural disasters and particularly serious accidents.

Section 2
Numbering

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§ 66 Numbering

(1) The Federal Network Agency shall carry out the tasks of numbering. In particular, it is responsible for the structuring and structuring of the number room with the aim of meeting the requirements of end users, operators of telecommunications networks and providers of telecommunications services. The Federal Network Agency also allocates numbers to operators of telecommunications networks, telecommunications providers and end-users. The administration of domain names at the top and downstream levels is excluded. (2) The Federal Network Agency may implement international obligations or recommendations as well as to ensure sufficient availability of numbers. Make changes to the structure and design of the number room and the national numbering plan. In doing so, the concerns of the parties concerned, in particular the costs of conversion incurred by operators, providers of telecommunications services and users, must be duly taken into account. Any proposed amendments shall be notified in good time before they become effective. The operators of telecommunications networks and providers of telecommunications services affected by these changes are obliged to take the necessary measures to implement them. (3) The Federal Network Agency may enforce the Obligations laid down in accordance with paragraph 2. In order to enforce the orders, periodic penalty payments of up to € 500 000 may be fixed in accordance with the Administrative Enforcement Act. (4) The Federal Government is empowered to set the standards and guidelines for the German Government by means of a regulation. To determine the structure, design and management of the number rooms as well as the acquisition, scope and loss of usage rights to numbers. This also includes the implementation of related international recommendations and commitments into national law. In particular, the efficient number use, the concerns of market participants including planning security, the economic impact on market participants, the requirements for the number use and the long-term Take into account the needs of the end user and the interests of the end user. The Regulation shall specify the powers of the Federal Network Agency as well as the rights and obligations of market participants and end users in detail. The fourth sentence of paragraph 1 shall apply. (5) A declaration of consent shall be given in the procurement procedure for generic top-level domains for the allocation or use of a geographical name which is identical to the name of a local authority. or a certificate of safety by a German governmental or administrative authority, the decision to issue the consent or issue of a certificate of safety in accordance with the relevant National competent authority. If several local authorities have identical names, the decision-making power lies with the local authority, which is of the utmost importance in accordance with the mode of transport ' s view. Unofficial table of contents

§ 66a Price indication

Anyone who offers or advertises premium services, information services, mass transport services, service services, new services or short-dial services to end users shall have the price to be paid for the use of the service in a time-dependent manner. A minute or time independent of each claim, including VAT and other price components. If the price is indicated, the price shall be clearly legible, clearly visible and in direct connection with the telephone number. When the phone number is displayed, the price should not be displayed in time shorter than the number. Reference should be made to the conclusion of a long-term debt ratio. To the extent that the use of a service referred to in the first sentence for calls from mobile networks shall be subject to prices which are different from the prices for calls from the fixed networks, the fixed net price shall be accompanied by a reference to the possibility of deviating prices for To indicate calls from mobile networks. By way of derogation from this, in the case of service services, in addition to the fixed network price, the maximum mobile radiotelephone price shall be indicated where the use of the mobile telephone calls service shall be subject to the prices of fixed-network calls prices different. In the case of telefax services, the number of pages to be transmitted must also be indicated. In addition, in the case of data services, the extent of the data to be transmitted shall, as far as possible, be indicated unless the quantity of the data to be transmitted has no effect on the level of the price for the end user.

Footnote

(+ + + § 66a: Gem. Article 5 (2) sentence 2 G v. 3.5.2012 I 958 (1717) with the entry into force of a regulation pursuant to section 45n para. 1 iVm para. 4 no. 1 (F. as of 3.5.2012) no longer apply + + +) Unofficial table of contents

§ 66b Price announcement

(1) In the case of language-based premium services and language-based operator selection, the person who determines the price to be paid by the end user for the use of this service shall, before the commencement of the fee, shall give the end user the price to be paid by the end user. Use of this service to pay the price depending on the minute or time, irrespective of the amount of data, or any other use, including VAT and other price components. The price announcement shall be concluded no later than three seconds before the commencement of the fee, with reference to the date of the commencement of the fee. If this price changes during the use of the service, the price to be paid after the change is to be taken before the start of the new tariff section, in accordance with the rates 1 and 2, provided that the announcement is also made during the period of Use of the service may take place. In the case of queuing in accordance with Article 66g (1) (5), neither the beginning nor the end of the queue shall constitute a change in the price within the meaning of sentence 3 if the price to be paid by the end-user within the meaning of the sentence 1 for the The rate section after queuing is unchanged compared to the price for the rate section before the queue is on hold. Sentences 1 to 4 shall also apply to language-based information services and to short-dial voice services, starting at a price of 2 euros per minute or per use with time-independent tarification. Sentences 1 to 4 shall also apply to language-based new-type services from a price of 2 euro per minute or per use in the case of a time-independent rate, unless otherwise specified in paragraph 4. (2) Telephone numbers for voice-based mass traffic services the service provider has the end user the price to be paid for using this number for calls from the fixed networks, including the sales tax and other price components. immediately following the use of the service. (3) In the case of Further education through a language-based information service is the price announcement obligation for the call for information service providers to be forwarded. The announcement may be made during the use of the language-based information service, but shall be carried out prior to the transfer; the third sentence of the first sentence of paragraph 1 shall apply accordingly. This announcement shall include the price of calls from the fixed networks as a function of time per minute or time-independent of each data volume or other use, including VAT and other price components, as well as an indication of the possibility of: (4) In the case of voice-based new services, the Federal Network Agency may, after consulting the professional circles and consumer associations, lay down requirements for a price announcement which differ from those provided for in the sixth sentence of paragraph 1; if technical developments affecting this range of numbers are concerned, require such a procedure. The provisions are to be published by the Federal Network Agency.

Footnote

(+ + + § 66b: Gem. Article 5 (2) sentence 2 G v. 3.5.2012 I 958 (1717) with the entry into force of a regulation pursuant to section 45n para. 1 iVm para. 4 no. 1 (F. as of 3.5.2012) no longer apply + + +) Unofficial table of contents

§ 66c Price indication

(1) For short-dial data services, except in the case of § 45l, the person who determines the price to be paid by the end-user for the use of this service shall have to pay the payment for the use of this service before the commencement of the pay-off. Price including VAT and other price components from a price of EUR 2 per use, clearly visible and legible, and to be confirmed by the end user for the receipt of the information. The first sentence shall also apply to non-language-based new services starting at a price of EUR 2 per use. (2) The obligations referred to in paragraph 1 may be dismissed if the service is provided in the public interest or if the end customer is present. The use of the service in relation to the pledge referred to in paragraph 1 shall be legitimised by an appropriate procedure. The Federal Network Agency shall regulate and publish the details.

Footnote

(+ + + § 66c: Gem. Article 5 (2) sentence 2 G v. 3.5.2012 I 958 (1717) with the entry into force of a regulation pursuant to section 45n para. 1 iVm para. 4 no. 1 (F. as of 3.5.2012) no longer apply + + +) Unofficial table of contents

§ 66d Price ceilings

(1) The price of services which are calculated as a function of the number of telephone numbers for premium services may not exceed EUR 3 per minute, provided that no different prices can be charged in accordance with paragraph 4. This shall also apply in the case of forwarding by a directory enquiry service. The billing shall not exceed 60 seconds at most. (2) The price of services invoicing for premium services on a time-independent basis may not exceed EUR 30 per connection, provided that no divergent prices are provided in accordance with paragraph 4. can be collected. Where the price of services is made up of time-dependent and time-independent services, these price items must be identified separately either in the case of a single link certificate, where this is granted, or in accordance with the procedure referred to in paragraph 4, sentence 3 shall apply. The price referred to in the second sentence shall not exceed EUR 30 per connection, to the extent that no different prices may be charged under paragraph 4. (3) The price of calls to service services shall not exceed EUR 0.14 per minute or EUR 0.20 from the fixed net. per call and from the mobile telephone networks is not more than EUR 0.42 per minute or EUR 0.60 per call, provided that the fourth sentence of paragraph 4 does not allow any divergent prices to be charged. The billing shall not exceed 60 seconds at most. (4) Prices exceeding the price limits of paragraphs 1 and 2 may only be charged if the customer is a member of the service provider prior to using the service. legitimate procedure. The details are provided by the Federal Network Agency. It may, by means of the Official Journal, lay down detailed rules on the procedures for the classification of tariffs referred to in paragraphs 1 and 2 and the exceptions referred to in the second sentence of paragraph 2 and the third sentence. In addition, the Federal Network Agency may, in accordance with the procedure laid down in Article 67 (2) of paragraphs 1 to 3, set different price ceilings if the general trend of prices or of the market makes this necessary. (5) The price for calls to and from the European Telephone Numbering Space (ETNS) must be comparable with the applicable maximum price for foreign calls to others or from other Member States. The details are provided by the Federal Network Agency in the Official Journal. Unofficial table of contents

§ 66e Connection separation

(1) The service provider, in which the telephone number is set up for premium services or short-dial voice services, has to separate each time-dependent connection to the service provider after 60 minutes. This also applies if a telephone number for premium services or for short-dial voice services has been forwarded. (2) The obligation referred to in paragraph 1 may be dismissed if the end user before the use of the service. in relation to the service provider, by means of a suitable procedure. The details are provided by the Federal Network Agency. It may provide the details of the permitted connection separation procedures. Unofficial table of contents

§ 66f dialup programs (dialers)

(1) Selectable programs which establish links to a number where, in addition to the telecommunication service, content is billed (dialer), may only be used if it is registered with the Federal Network Agency before being put into service. , have been satisfied by the minimum conditions laid down and have been assured in writing that unlawful use is excluded. Dials may only be offered via telephone numbers from a number range provided by the Federal Network Agency for this purpose. The operation of an unregistered dialer in addition to a registered dialer under a number is inadmissible. (2) The Bundesnetzagentur registers only one dialer under a destination call number. Changes in the dialers lead to a new registration requirement. The Federal Network Agency shall regulate the details of the registration procedure and the contents of the written insurance to be issued. It may lay down detailed rules for the use of the tariff for services which have been settled in a time-independent manner and for the registration of dialers as set out in the first sentence, provided that these procedures are equally suitable for the protection of consumers ' rights. (3) The Federal Network Agency may refuse the registration of Dialers if facts justify the assumption that the applicant does not possess the required reliability. This is particularly the case where the applicant has seriously infringed the provisions of this law or has repeatedly obtained a registration by false information. In the case of the first sentence, the Federal Network Agency shall communicate its findings to the authorities responsible for the implementation of the commercial order. Unofficial table of contents

§ 66g queuing

(1) Hold on hold only if one of the following conditions is met:

1.

the call is made to a toll-free telephone number,

2.

the call is made to a local telephone number or a telephone number which the Federal Network Agency has placed on the same footing as the local call number referred to in paragraph 3;

3.

call to a mobile telephone number (015, 016 or 017),

4.

the call shall be subject to a fixed price per connection; or

5.

the call is free of charge for the caller for the duration of the waiting period, insofar as it is not a cost incurred when calling from abroad for the production of the connection abroad.

(2) When a queue is first used in the context of the call not falling under paragraph 1 (1) to (3), the called party shall ensure that the end of the call is at the beginning of the waiting period over its probable duration and, without prejudice to § § § § § § § § § § § § § § § § § § § § § § § § 66a to 66c shall be informed whether a fixed price is valid for the call or if the called person referred to in paragraph 1 (5) is free of charge for the duration of the use of this queue for the caller. The announcement may be terminated prematurely at the beginning of the processing. (3) The Federal Network Agency shall, at the request of the dispatching holder, issue the location-bound telephone numbers as referred to in paragraph 1 (2) with regard to the use of waiting loops, if:

1.

the called from the caller does not receive a fee for the call to that number directly or indirectly through the provider of telecommunications services and calls for that number to be recorded as a general rule by the flat-rate tariffs available on the market and

2.

Furthermore, the tariff classification of this telephone number does not justify any deviating treatment with regard to the location-bound telephone numbers.

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§ 66h elimination of the claim for remuneration

The end-user shall not be obliged to pay a remuneration if and to the extent that:

1.

in accordance with § 66b (1), not prior to the commencement of use or in accordance with § 66b (2), (3) and (4), not informed during the use of the service on the price raised, or any part of the service provided pursuant to Section 45n (4) (1) within the framework of the the regulation was not complied with,

2.

in accordance with § 66c, it has not been informed before the start of the use of the collected price and no confirmation of the end user is made or a settlement issued pursuant to Section 45n (4) (1) under a legal regulation does not take place has been met,

3.

in accordance with section 66d, the maximum price limits have not been complied with or the procedures for tariff classification have been infringed pursuant to section 66d (2) sentences 2 and 3,

4.

in accordance with § 66e, the time limit has not been complied with,

5.

Dialer were operated contrary to § 66f (1) and (2),

6.

be offered R call services with payments to the caller in accordance with § 66i (1) sentence 2 of the R-call services,

7.

in accordance with Section 66i (2), one day after entry into the Sperr List, an R-conversation shall be made to the locked-up connection, or

8.

the person called against § 66g paragraph 1 during the call shall use one or more holding loops or the information according to § 66g (2) shall not be made, not complete or not in time. In such cases, the caller's obligation to pay the call for the entire call is not required.

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§ 66i request for information, database for (0) 900er telephone numbers

(1) Any person who has a legitimate interest in it may, in writing by the Federal Network Agency, request information on the name and address-capable address of the person who has been assigned a number by the Federal Network Agency. The information is to be provided immediately after the request has been received in accordance with sentence 1. (2) All allocated (0) 900er numbers are recorded in a database at the Federal Network Agency. This database shall be available on the Internet with the name and address of the service provider, with the address of service providers established abroad, in addition to the address-capable address of a general service representative in the country of the country. . Anyone who has a legitimate interest in doing so may request information about the data stored in the database in text form from the Bundesnetzagentur. (3) Anyone who has a legitimate interest in it may be sent by the Federal Network Agency for In the case of mass transport services, new services or short-dial services, information shall be provided free of charge on the name and address of the person who offers services via one of these telephone numbers, or the communication Request to whom the telephone number has been transmitted in accordance with § 46. In the case of short-dial numbers which have not been allocated by the Federal Network Agency, the claim exists in relation to the person in whose network the short-dial number is switched. In the case of telephone numbers transmitted in accordance with § 46, the right to information about the name and the address-able address of the person who offers services via a telephone number shall consist of the provider to whom the call number has been transmitted. The information referred to in sentences 1 to 3 shall be provided within ten working days of receipt of the request in text form. The information shall be made available to their customers and kept up-to-date. Unofficial table of contents

Section 66j R-Talc

(1) No payments may be made to the caller on the basis of telephone connections in which the connection fee is charged to the called party (R-talks). The offer of R call services with a payment to the caller in accordance with the first sentence is inadmissible. (2) The Federal Network Agency carries out a sperm list with telephone numbers to be blocked by R call services for incoming R calls. End customers may ask their provider of telecommunication services to have their numbers included in the list of sperm free of charge. A deletion from the list can be fee-based. The provider transmits the final customer request as well as any necessary deletions due to the removal of the secondary allocation. The Federal Network Agency provides the sperr list providers of R-call services for retrieval. Unofficial table of contents

§ 66k Call number transmission

(1) Providers of telecommunications services that enable subscribers to establish outgoing connections shall ensure that a full nationally significant telephone number is transmitted as the caller's call number when establishing a call. and is marked as such. The call number must be assigned to the subscriber for the service, within the framework of which the connection is established. German telephone numbers for information services, mass transport services, new services or premium services as well as numbers for short-dial voice services may not be transmitted as calling number of the caller. Other providers participating in the connection may not change transmitted telephone numbers. (2) Participants may only set up additional numbers and submit them to the public telecommunications network if they have a right of use to the corresponding telephone network. Phone number. German telephone numbers for information services, mass transport services, new services or premium services as well as numbers for short-dial voice services may not be set up by participants as an additional telephone number and in the public sector. Telecommunications network. Unofficial table of contents

§ 66l International pay-free telephone service

Calls at (00) 800er call numbers must be free of charge for the caller. The levying of a fee for the use of a terminal remains unbehaved. Unofficial table of contents

§ 66m Prohibition of circumcration

The provisions of § § 66a to 66l or the provisions adopted pursuant to Section 45n (4) (1) under a regulation are to be applied even if an attempt is made to circumvent them by means of other forms of design. Unofficial table of contents

Section 67 Powers of the Federal Network Agency

(1) The Federal Network Agency may, within the framework of the numbering administration, take orders and other appropriate measures in order to ensure compliance with legal provisions and the conditions which it has granted on the allocation of numbers. The Federal Network Agency may require the operators of public telecommunications networks and providers of publicly available telecommunications services to provide information on personal data such as the name and address-capable address of the public telecommunications network. To grant number-holders and number-users necessary for the enforcement of this law, regulations issued under this Act as well as the conditions granted, to the extent that the data are known to the companies; the Federal Network Agency may request, in particular, information relating to personal data which: are required for the case-by-case verification of obligations if the Federal Network Agency has received a complaint or if it accepts a breach of obligations for other reasons or carries out an investigation. Other regulations shall remain unaffected by the obligation to provide information in accordance with the second sentence. In particular, the Federal Network Agency may withdraw the illegal number used in the event of non-compliance with obligations imposed by law or by the authorities. Furthermore, in the case of the secured knowledge of the unlawful use of a call number with respect to the network operator in whose network the number is switched, it is to order the disconnection of the call number. The Federal Network Agency may request the invoice manufacturer to make no accounts for this number if it is informed of an illegal use. In justified exceptional cases, the Federal Network Agency may prohibit categories of dialers; details of the prohibition procedure are regulated by the Federal Network Agency. (2) Insofar as for premium services, mass transport services, service services or new-like services, the Federal Network Agency (Bundesnetzagentur) regulates the following: The Federal Network Agency shall, after consultation of the undertakings concerned, the professional circles and the operators concerned, be responsible for the provision of different charges for calls from the fixed networks. Consumer associations for the purpose of price indication and price announcement according to § § 66a and 66b or the provisions adopted pursuant to Section 45n (4) (1) of a regulation in each case in relation to certain number ranges or number of parts of the fixed net, in relation to certain number ranges or number of parts. In the case of calls from mobile networks in the case of service services, the Federal Network Agency shall, after consulting the bodies referred to in the first sentence, determine whether the call is charged in relation to a certain number of parts per minute or per call; this shall apply only to: as far as the tariff sovereignty is with the provider, which provides access to the mobile radio network. Moreover, it has to ensure that there remain sufficiently free tariff-free numbering ranges or number-part ranges. The prices to be determined must be based on the prices offered on the market for calls from the fixed networks and must be checked at regular intervals. The prices to be determined shall be published by the Federal Network Agency. The provisions of § § 16 to 26 shall remain unaffected. (3) The rights of the Länder as well as the powers of other authorities shall remain unaffected. (4) The Federal Network Agency shall disclose facts which establish the suspicion of a criminal offence or of an administrative offence, the Public prosecutor's office or the managing authority.

Section 3
Weequitable

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Section 68 Principle of using public means

(1) The Federal Government has the power to use transport routes free of charge for public-purpose telecommunication lines, provided that this does not permanently restrict the purpose of dedicating the traffic routes (use authorization). Public roads, squares and bridges, as well as public waters, shall be considered as transport routes. (2) Telecommunications lines shall be constructed and maintained in such a way as to comply with the requirements of public security and public order as well as the recognised public waters. The rules of the technology are sufficient. In the case of a road-building load, a request may be made for fibre-optic lines or empty-pipe systems to be used for the reception of fibre-optic cables, by way of derogation from the General Technical Provisions for the use of roads by means of lines and lines; Route telecommunication lines (ATB) through micro-or mini-renching. The application shall be accepted if:

1.

the reduction of the laying depth does not lead to a substantial impairment of the level of protection; and

2.

does not lead to a substantial increase in the conservation effort, or

3.

the applicant shall bear the costs incurred by a possible substantial impairment or the higher administrative burden.

Sentences 2 and 3 shall not apply to the laying of fibre-optic cables or empty-pipe systems in federal highways and highways similar to highways. (3) The installation of new telecommunications lines and the modification of existing lines Telecommunication lines require the written consent of the carriers of the WeBuilt load. In the case of the laying of above-ground lines, the interests of the weed-load carriers, the operators of public telecommunications networks and the interests of the urban development sector must be weighed. To the extent that the transfer can be coordinated within the framework of an overall construction measure, which will be carried out in close time after the application for approval, the transfer shall normally be carried out underground. Consent may be provided with secondary provisions to be designed to be non-discriminatory, and consent may also be made subject to the performance of reasonable security. The secondary provisions may only cover the way in which the telecommunications line is established and the rules of technology to be observed, the safety and lightness of the traffic, which are customary in the area of the relevant road load carrier. Documentation of the location of the telecommunication line according to geographical coordinates and the traffic safety requirements. (4) Is the weader carrier itself operator of a telecommunications line or with an operator within the meaning of § 37 (1) or (2) of the Act against restrictions on competition, the to give the consent referred to in paragraph 3 by an administrative unit independent of the one used for the operation of the telecommunications line or the administrative unit responsible for the exercise of the company's rights. Unofficial table of contents

Section 69 Transfer of the Weequitable

(1) The Federal Network Agency shall transmit the right of use in accordance with Section 68 (1) by the Federal Network Agency upon written application to the operators or owners of public telecommunications networks. (2) The application referred to in paragraph 1 shall designate the territory for which the Federal Network Agency shall designate the territory for: that is to be transferred to the use authorization. The Federal Network Agency shall grant the right of use if the applicant is verifiably competent, reliable and capable of performing telecommunications lines and if the use authorization is compatible with the regulatory objectives according to § 2 is. The Federal Network Agency grants entitlement to use for the duration of the public activity. The Federal Network Agency decides on complete applications within six weeks. (3) Start and end of use as well as changes of name, changes in address and identity-truing changes of the company are the Bundesnetzagentur without delay. The Federal Network Agency shall make this information available to the web-load carriers. The user shall be liable for any damages resulting from the fact that changes have not been made in due time. Unofficial table of contents

§ 70 Co-use

In so far as the exercise of the right under Section 68 for the transfer of further telecommunication lines is not possible or is only possible with a disproportionately high effort, there is a claim for the sharing of the co-use of others for the inclusion of Telecommunications cabling equipment where co-use is economically reasonable and no additional major construction measures are required. In this case, the co-user has to pay an appropriate monetary compensation to the co-user. Unofficial table of contents

Section 71 Reviewing for directional maintenance and the purpose of the dedication

(1) In the case of the use of the traffic routes, it is necessary to avoid the maintenance of their entertainment and a temporary restriction of their dedication to the purpose. (2) If entertainment is made more difficult, the person entitled to use it shall be entitled to: (3) After completion of the work on the telecommunications lines, the user has to reinstate the route without delay, unless the user has the right to do so by the user. The person responsible for the maintenance has declared that it is to carry out the repair itself. The person entitled to use the contract shall be entitled to pay the expenses for the repair carried out by him and to replace the damage caused by the works on the telecommunications lines. Unofficial table of contents

§ 72 Change of bid

(1) After a telecommunications line has been established, it shall not only temporarily restrict the purpose of a traffic route or prevent the works required for its maintenance from being carried out, or the execution of any of the works to be carried out by (2) In so far as a transport route is withdrawn, the power of the telecommunications line shall, if necessary, be amended or eliminated. (2) Entitled to use it. (3) In all these cases the To make use of the necessary measures on the telecommunications line at its cost. Unofficial table of contents

Section 73 Schonung der Baumpflantongues

(1) The tree plantations on and on the traffic routes shall be conformed to the growth of the trees as far as possible. Equipment may only be required in so far as it is necessary for the production of the telecommunications line or for the prevention of operational disruptions; it must be limited to the degree strictly necessary. (2) The user has the right to The owner of the tree plantations shall set a reasonable time limit within which he/she can carry out the stings himself. If the cut-outs are not or are not sufficiently carried out within the time limit, the user shall have the effect of the excrements. For this purpose, it is also entitled, if it is the urgent prevention or elimination of a disturbance. (3) The authorized user shall replace the damage caused by the tree plantations and the costs of the damage caused by his/her request. Deformations. Unofficial table of contents

Section 74 Special installations

(1) The telecommunications lines shall be designed in such a way as to ensure that they do not disturb existing special installations (infrastructure maintenance facilities, sewerage, water, gas pipelines, railway lines, electrical installations and the like). influence. The costs arising from the production of the necessary protective measures must be borne by the user. (2) The transfer or modification of existing special facilities can only be required against compensation and only if the The use of the traffic route for the telecommunication line would otherwise have to be maintained and the special facility could otherwise be accommodated in accordance with its purpose. (3) Even in the presence of these conditions, the use of the Traffic route for the telecommunication line to be maintained if the route from the transfer (4) paragraphs 1 to 3 shall be deemed to be disproportionate in relation to the costs incurred by the user from the use of another route available to him. (4) shall apply to those special installations which are in the process of being prepared and which are in the public interest. Compensation on the basis of paragraph 2 shall be granted only up to the amount of the expenses incurred by the preparation. Installations shall be deemed to be in preparation as soon as they have been drawn up on the basis of a plan drawn up in detail, the authorisation of the contracting authority and, where necessary, the authorisation of the competent authorities and the owner or the other to the use of persons entitled to the route taken in accordance with the procedure. Unofficial table of contents

§ 75 Later special installations

(1) Later special installations shall, where possible, be carried out in such a way that they do not interfere with the existing telecommunications lines. (2) The request for the transfer or modification of a telecommunications line shall be subject to the cost of the the rights of use shall be granted where otherwise the manufacture of a subsequent special installation would have to be or would be made substantially more difficult, which for reasons of public interest, in particular those relating to economic or social interest, would be required. traffic information, from the infrastructure maintenance authorities or under their the predominant participation is to be carried out. Where a cable telecommunications line is not intended solely for local, suburban or neighbouring local traffic, its installation may be required only if the cable-bound telecommunication line is not at a disproportionate cost (3) If, due to such a subsequent special installation, the already existing telecommunications line must be provided with protective measures, the resulting costs shall be borne by the To be entitled to use. (4) Leaves a In the event of a link to a third party, the person entitled to use the information shall be the person entitled to use the costs arising from the transfer or modification or the production of the protective measures, insofar as they are based on the latter's share of the information. (5) The operators of special installations other than those referred to in paragraph 2 shall have the following from the transfer or modification of the existing telecommunications lines or from the production of the necessary equipment. (6) To make subsequent changes to existing costs special installations shall be used in accordance with paragraphs 1 to 5. Unofficial table of contents

Section 76 impairment of land and buildings

(1) The owner of a land which is not a transport route within the meaning of Article 68 (1), second sentence, may be the establishment, operation and renewal of telecommunications lines on his property as well as the connection of the land on the land to the public telecommunications networks of the next generation, to the extent that:

1.

in the land, including the building connections, a line or installation secured by a right also uses the erection, operation and renewal of a telecommunications line, thereby not making use of the land. is permanently additionally restricted or

2.

the property, including the buildings, is not unacceptably affected by the use.

(2) Where the property owner has to condone the action referred to in paragraph 1, he may require the operator of the telecommunications line or the owner of the management network to provide reasonable compensation in the event of the establishment, the Renewal or maintenance, repair or comparable measures which are directly related to the operation of the telecommunications line shall affect the use of its land or its yield beyond the reasonable level of the operation. For extended use for the purposes of telecommunications, it is also possible to demand a one-time compensation in money, provided that there were no routes which could be used for the purposes of telecommunications. If the property or its accessories are damaged by the exercise of the following rights under this provision, the operator or the owner of the network shall, at his expense, remove the damage. Section 840 (1) of the Civil Code shall apply. Unofficial table of contents

Section 77 Replacement claims

The limitation period of the claims based on § § 70 to 76 is governed by the regulations on the regular statute of limitations according to the Civil Code. Unofficial table of contents

Section 77a Joint use of infrastructure by operators of public telecommunications networks

(1) The Federal Network Agency may, by public operators, share the common use of cabling or cable ducts in buildings or up to the first concentration or distribution point, provided that it is outside the building. Order telecommunications networks to:

1.

Telecommunications network operators who have a right of use in accordance with Section 69 (1) in conjunction with Section 68 (1) or any other entitlement to establish facilities on, over or under public or private land. or install, or

2.

telecommunications network operators which may take advantage of a procedure for the expropriation or use of land; or

3.

the owners of cabling or cable channels.

The arrangement can be made if a multiplication of the infrastructure would be economically inefficient or practically impossible. Before issuing the order, the Federal Network Agency shall give all interested parties the opportunity to comment within a reasonable period of time. (2) The Federal Network Agency shall, within the framework of the arrangement referred to in paragraph 1, issue an appropriate fee, which shall also be: (3) The Bundesnetzagentur may be operated by the telecommunications network operators, as well as by undertakings and by legal persons under public law, which have facilities to be used by the Agency to can be used for telecommunication purposes, , which are necessary for the establishment of a detailed inventory of the nature, availability and geographical location of such facilities. The facilities referred to in the first sentence include, inter alia, buildings, building accesses, cabling or cable ducts in buildings, masts, antennae, towers and other supporting structures, piping, empty pipes, entry-level shafts and distribution boxes. Where information to be provided in accordance with the first sentence relates to a facility where the failure to supply the population seriously affects the supply of the population, it must be seen from the inclusion in the list of information. Interested parties can be granted access to the list if the conditions laid down by the Federal Network Agency are fulfilled for inspection. The measures taken by the Bundesnetzagentur in accordance with paragraphs 1 to 3 shall be objective, transparent and proportionate and shall not discriminate against them. Unofficial table of contents

Section 77b Alternative infrastructures

(1) Companies and legal entities under public law which have facilities which may be used to develop and develop next-generation networks shall be required to provide operators of public telecommunications networks with (2) If an agreement is not reached between the parties concerned, any person concerned may, within a period of four weeks from the date of receipt of the agreement, be able to: Request to the Federal Network Agency by means of a request for a settlement procedure (3) In the course of the conciliation procedure, the defendant is obliged to present his objections to the right of use or the proposed fee within a time limit to be determined by the Federal Network Agency. The applicant may reply within a time limit which is also to be determined by the Federal Network Agency. The Federal Network Agency may listen to interested parties in the interest of an amicable agreement. If an agreement is not possible, the Federal Network Agency shall take a decision (arbitration ruling) in consideration of the mutual interests. The parties concerned are not obliged to accept the award of the award. In addition, the Schlichtungsordnung der Bundesnetzagentur (Federal Network Agency) shall apply accordingly to the dispute settlement procedure. Unofficial table of contents

§ 77c Co-use of federal highways in the federal construction load

(1) The Federal Government, as the carrier of the road construction load according to § 5 of the German Federal Foreign Office Act, has, upon written request, to allow the operators of public telecommunications networks to use the parts of a federal highway which are used for the establishment and expansion of Next-generation networks can be used. The co-use shall be designed to meet the requirements of public safety and order and the recognised rules of technology. The co-use and the modification thereof shall require the written consent of the carrier of the road construction load. Consent may be provided with secondary provisions to be designed to be non-discriminatory, and consent may also be made subject to the performance of reasonable security. The secondary provisions may only regulate the way in which the co-use is established, as well as the rules of technology to be observed, and the safety and ease of transport and the rules on traffic safety. § 8 of the Bundesfernstraßengesetz remains unaffected. (2) If an agreement is not reached between the parties, the procedure in accordance with § 133 (1) and (4) shall apply. (3) The Federal Ministry of Transport, Building and Energy The Federal Network Agency shall notify the Federal Network Agency of the body responsible for processing the joint-use request referred to in paragraph 1. The Federal Network Agency shall publish this information in the Official Journal and on its website. Unofficial table of contents

§ 77d Co-use of federal waterways

(1) The Federal Government, as the owner of the federal waterways, has, on written request, to allow the operators of public telecommunications networks to use the parts of a federal waterway which are responsible for the establishment and expansion of networks of the next generation can be used. The co-use shall be designed to meet the requirements of public safety and order and the recognised rules of technology. The co-use and the modification thereof require the written consent of the owner. Consent may be provided with secondary provisions to be designed to be non-discriminatory, and consent may also be made subject to the performance of reasonable security. The secondary provisions may only regulate the way in which the co-use is established, as well as the rules of technology to be observed, and the safety and ease of transport and the rules on traffic safety. (2) If an agreement is not reached between the parties, the procedure in accordance with § 133 (1) and (4) shall apply. (3) The Federal Ministry of Transport, Building and Energy The Federal Network Agency shall notify the Federal Network Agency of the body responsible for processing the joint-use request referred to in paragraph 1. The Federal Network Agency shall publish this information in the Official Journal and on its website. Unofficial table of contents

Section 77e Co-use of railway infrastructure

(1) Railway infrastructure companies, which are mainly in the hands of the Federal Government or a majority owned by the Federal Government, have, on written request, operators of public telecommunications networks to use the parts of the railway infrastructure which can be used for the establishment and development of next generation networks. The co-use shall be designed to meet the requirements of public safety and order and the recognised rules of technology. The co-use and its modification shall require the written consent of the railway infrastructure company. Consent may be provided with conditions to be designed to be non-discriminatory, and consent may also be made subject to the performance of reasonable security. The conditions may only regulate the way in which the co-use is established and the rules on the technology and safety and ease of transport and the rules on traffic safety which must be observed in order to prevent the deterioration of the transport system. to reduce railway operations as far as possible. A fee-covering fee may be required for co-use. (2) If an agreement is not reached between the parties, the procedure in accordance with § 133 (1) and (4) shall apply accordingly. The competent railway supervisory authority is involved in the procedure. (3) The Federal Ministry of Transport, Building and Urban Development shall inform the Federal Network Agency of the competent authority responsible for the co-use requests referred to in paragraph 1. The Federal Network Agency shall publish this information in the Official Journal and on its website.

Part 6
Universal service

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Section 78 Universal services

(1) Universal services are a minimum set of services for the public, for which a specified quality is established and to which all end-users have access to an affordable price irrespective of their place of residence or place of business (2) The provision of universal service is as follows:

1.

the connection to a public telecommunications network at a fixed location, allowing calls, fax transmissions and data communication with transmission rates sufficient for functional Internet access,

2.

access to publicly available telephone services via the network connection referred to in point 1;

3.

the availability of at least one printed public directory (§ 104) approved by the Federal Network Agency (Bundesnetzagentur), which corresponds to the general requirements and is regularly updated at least once a year;

4.

the availability of at least one comprehensive public telephone directory service, including for users of public pay telephones, including network identification numbers of participants and foreign subscribers, in so far as the participants ' data , and taking into account provisions relating to data protection,

5.

the universal provision of public telephone or card telephones or other access points for public voice telephony in general and at any time accessible to all sites in accordance with the general requirements; Public telephone services must be kept in ready-to-use state; and

6.

the possibility to call emergency calls free of charge from all public pay telephones and without the use of a payment method with the emergency numbers 110 and 112.

(3) Companies providing universal services in accordance with the provisions of paragraph 2 (2) and (3) shall comply with the principle of non-discrimination in the processing of the information provided to them by other undertakings. (4) After consultation of the Universal service providers, the Bundesnetzagentur may establish the general needs of the universal services referred to in paragraph 2 with regard to the needs of end-users, in particular with regard to geographical coverage, the number of Telephones, accessibility and service quality. In order to ensure the service and the service characteristics, the Federal Network Agency has the power to impose obligations on the company. The Federal Network Agency may depart from such obligations for parts or the whole of the territory if a hearing of the parties concerned shows that these service characteristics or comparable services are considered widely available. Unofficial table of contents

Section 79 Affordability of charges

(1) The price of the universal service in accordance with section 78 (2) (1) and (2) shall be considered affordable if it does not exceed the real price of telephone services provided by a private household outside cities with more than 100 000 Residents on 1 January 1998 were on average demand. This takes into account the performance qualities achieved at the time, including the delivery periods and the rate of productivity progress observed up to 31 December of the respective previous year. (2) Universal services according to § 78 (2) (3) to (5) shall be deemed to be affordable if the charges are in accordance with the standards laid down in Section 28. Unofficial table of contents

Section 80 obligation to provide the universal service

Where a universal service in accordance with § 78 is not sufficiently and adequately provided by the market or if it is to be obtained that such a supply will not be guaranteed, any supplier who is on the relevant relevant market shall be , and which has a share of at least 4 per cent of the total turnover of this market within the scope of this Act, or which has a significant market power on the relevant geographic market, undertakes to contribute to this that the universal service can be provided. The obligation laid down in the first sentence shall be fulfilled in accordance with the provisions of this Section. Unofficial table of contents

Section 81 imposition of universal service obligations

(1) The Federal Network Agency shall publish the determination in which the relevant and spatially relevant market or where a universal service is not adequately or adequately provided or is to be provided, in accordance with section 78 (2), that: such a supply will not be guaranteed. It announces that it shall act in accordance with the provisions of § § 81 to 87, provided that no company agrees to provide this universal service without compensation in accordance with § 82 within one month of the announcement of this publication. (2) The After consultation with the relevant companies, the Federal Network Agency may decide whether and to what extent it intends to oblige one or more of these companies to provide the universal service. Such an obligation shall not indiscriminately disadvantage the undertakings in relation to the other undertakings. (3) A company which is to be required under paragraph 2 to provide a universal service, credible that, in the case of the obligation, it may require compensation in accordance with § 82, the Federal Network Agency shall, instead of the decision to oblige one or more undertakings, issue the universal service and shall give it to the Applicant, who proves to be appropriate and the least financial compensation requires the provision of universal service in accordance with the conditions laid down in the provisions of this Law. The Federal Network Agency may, taking into account the criteria of the first sentence, various undertakings or groups of undertakings for the provision of various elements of the universal service as well as for the supply of various parts of the Federal territory (4) Before the call for tenders for universal service, the Federal Network Agency shall determine the criteria according to which the necessary suitability of the universal service provider is to be assessed. It must also lay down the rules for the implementation of the tendering procedure in detail, which must be objective, comprehensible and non-discriminatory. (5) No suitable candidate will be identified by the tendering procedure, the Federal Network Agency shall require the undertakings determined in accordance with paragraph 2 to provide the universal service in accordance with the provisions of this Act. Unofficial table of contents

Section 82 Compensation for universal services

(1) If a company is obliged under Section 81 (3) to provide a universal service, the Federal Network Agency shall grant the financial compensation for the provision of the universal service recognized in the tendering procedure. (2) Under Section 81 (5), the Federal Network Agency shall determine the compensation for the provision of the universal service from the difference between the costs of a committed undertaking and the obligation to provide a universal service. for the operation without universal service obligation and the cost of the Operation in compliance with the universal service obligation. In addition, the benefits and income of the universal service operator, including immaterial benefits, must be taken into account. (3) The Federal Network Agency shall determine whether the costs determined are an unreasonable burden. In this case, the Federal Network Agency shall grant the company the calculated financial compensation on request. (4) For the calculation of the compensation, the Federal Network Agency may provide the necessary documents from the universal service provider request. The submitted documents shall be examined by the Federal Network Agency, in particular, on the need for service provision. The results of the cost calculation as well as the audit shall be published, taking into account the maintenance of business or commercial secrets of the undertakings concerned. (5) The balance shall be made after the end of the calendar year in which a A deficit in the provision of universal service is being created. Unofficial table of contents

Section 83 Universal service levy

(1) The Federal Network Agency shall grant a compensation in accordance with § 82 for the provision of a universal service, any undertaking required to provide the universal service in accordance with § 80 shall contribute to this compensation by means of a Universal service levy. The proportion shall be measured according to the ratio of the turnover of the respective company to the sum of the turnover of all on the objectively relevant market according to the first sentence. Where a taxable undertaking cannot obtain the levy on which it is subject, the failure of the other pledges shall be based on the ratio of their shares to each other. (2) After the end of the calendar year, for which: Compensation pursuant to section 82 (1) or (3) shall be granted, the Federal Network Agency shall determine the amount of the compensation and the shares of the companies contributing to the compensation and shall inform the undertakings concerned accordingly. The amount of the compensation results from the compensatory amount calculated by the Federal Network Agency plus a market-standard interest rate. The interest shall begin on the day following the expiry of the calendar year referred to in the first sentence. (3) The undertakings contributing to the compensation referred to in paragraph 1 shall be obliged to take into account the shares of the Federal Network Agency which have been determined by the Federal Network Agency (4) If a company is obliged to pay the tax for more than three months in arrears, the Federal Network Agency shall issue a Determination of the backward amounts of the levy and the confiscation of the confiscation . Unofficial table of contents

Section 84 Availability, unbundling and quality of universal services

(1) To the extent that undertakings provide universal services, end-users shall be entitled, within the framework of the laws and the General Terms and Conditions, to ensure that these services are provided. (2) Insofar as undertakings universal service provision , they shall provide services in such a way that end-users do not have to pay for facilities or services which are not necessary or are not necessary for the service requested. (3) Insofar as undertakings provide universal services, they have adequate and up-to-date information on request from the Federal Network to communicate and publish information on its services in the provision of the universal service. The parameters, definitions and measurement methods for quality of service as set out in Annex III to Directive 2002/22/EC shall be based on the quality of service. Unofficial table of contents

§ 85 Performance Settings

(1) A company which is obliged to provide universal services in accordance with § 81 or provides the services in accordance with Section 150 (9) may only temporarily perform these services on the basis of basic principles, in accordance with the law of the European Union to set and limit the requirements of European Union. It must take account of the interests of the end-users and limit the performance settings or restrictions in the context of the technical possibilities to the service concerned. (2) Basic requirements which restrict the use of the service. Universal services are justified

1.

the security of the network operation,

2.

maintenance of network integrity, in particular the prevention of serious disturbances in the network, software or stored data;

3.

the interoperability of services and

4.

data protection.

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Section 86 Security benefits

(1) Providers of publicly available telecommunications services, which are obliged to provide universal services in accordance with § 81, or the company which provides services in accordance with Section 150 (9), are entitled to universal service provision to ensure that the end user is subject to a reasonable amount of security when the facts justify the assumption that the end user does not comply with his contractual obligations or does not comply with it in good time. The guarantee may be carried out by means of a guarantee of a credit institution authorised in the European Economic Area. The provider is entitled to limit the security performance to such a guarantee and to the deposit of money. The security performance shall be returned or offset immediately as soon as the conditions for the provision have been dropped. (2) As appropriate within the meaning of the first sentence of paragraph 1, the amount of the provision shall be as a rule the amount of the provision price. plus the six-fold basic price. A request for higher contributions shall be justified in relation to the end user on the basis of the circumstances of his individual case. Unofficial table of contents

Section 87 Sales notifications

(1) If a universal service is imposed in accordance with Section 81 (3) or (5), all companies operating in the relevant relevant market of the telecommunications services concerned shall have their sales on this market to the Federal Network Agency shall be communicated annually on request. Otherwise, the Federal Network Agency may make an estimate. (2) In determining the transactions referred to in paragraph 1, § 36 (2) and § 38 of the Act against restrictions on competition shall apply. (3) The Federal Network Agency shall publish the following information: To take account of operational or trade secrets of the undertakings concerned, annually a report listing the calculated costs of the universal service obligation and the contributions of all undertakings, and in which any such information may be provided. The market advantages of the named company are explained.

Part 7
Telecommunications secrecy, data protection, public security

Section 1
Telecommunications secrecy

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Section 88 Telecommunications secrecy

(1) The secrecy of telecommunications shall be subject to the content of telecommunications and its circumstances, in particular whether or not a person is involved in a telecommunications operation. The secrecy of telecommunications also extends to the immediate circumstances of unsuccessful connection attempts. (2) In order to preserve the confidentiality of telecommunications, every service provider is obliged. The duty of secrecy shall also continue after the end of the activity by which it has been established. (3) The obligation under paragraph 2 shall be prohibited, whether or not he or she shall be responsible for the conduct of the business. In addition, telecommunications services, including the protection of their technical systems, are required to provide information on the content or the circumstances of telecommunications. You may use knowledge of facts that are subject to telecommunications secrecy only for the purposes set out in sentence 1. The use of this knowledge for other purposes, in particular the transfer to others, is only permitted insofar as this law or any other statutory provision makes this provision and is expressly related to telecommunications operations. The obligation to notify in accordance with § 138 of the Criminal Code shall prevail. (4) If the telecommunications system is on board a water or aircraft, the obligation to maintain the secret shall not exist with regard to the person who is the vehicle. or in relation to their substitutes. Unofficial table of contents

§ 89 Prohibition of interception, obligation of confidentiality of the operators of reception facilities

With a radio station, only news that is for the operator of the radio station, radio amateurs within the meaning of the law on the amateur radio of 23 June 1997 (BGBl. 1494), the general public or an unspecified group of persons are to be dislocated. The content of messages other than those referred to in the first sentence, as well as the fact that they are received, even if the reception is inadvertently received, may not be used by persons for which a duty to maintain secrecy does not already exist in accordance with § 88, and not others shall be communicated. Section 88 (4) shall apply accordingly. The interception and transmission of messages on the basis of special legal authorization shall remain unaffected. Unofficial table of contents

§ 90 Abuse of transmission or other telecommunications equipment

(1) It shall be prohibited to own, manufacture, distribute, import or otherwise place transmission facilities or other telecommunication facilities within the scope of this Act, which pretend to be in its form in accordance with another object; or who are dressed with objects of daily use and are, on the basis of these circumstances or due to their functioning, particularly suitable and intended for the non-publicly spoken word of another by this to listen or to record the image of another person unnoticed. The prohibition on owning such installations shall not apply to the person who has the actual authority to do so by means of such an installation

1.

as an institution, as a member of an institution, as a legal representative or as a representative of a person entitled to be represented in accordance with paragraph 2,

2.

by another person or by another person entitled under paragraph 2, if and for as long as he or she has to follow the instructions of the other person on the exercise of the actual force relating to the installation on the basis of a service or employment relationship, or the actual use of force on the basis of judicial or administrative tasks,

3.

, as a court enforcer or a law enforcement officer, acquires in an enforcement procedure,

4.

have been temporarily obtained by a person entitled under paragraph 2 for the purpose of safe custody or non-professional transport to a person entitled to the right of custody,

5.

is only obtained for commercial transport or commercial storage,

6.

obtained by finding the facility immediately to the loser, to the owner, to any other authorized person, or to the body responsible for receiving the fund,

7.

shall be acquired on account of death, provided that it immediately leaves the facility to a person entitled to it, or makes it permanently unusable,

8.

, which has been permanently rendered unusable by the removal of an essential component, provided that it immediately indicates the acquisition to the Federal Network Agency in writing, in so doing his personal data, the type of installation, the manufacturer or trade mark of the plant and, if the installation has a production number, it shall also indicate it and make it credible that it has acquired the plant exclusively for the purpose of collecting.

(2) The competent supreme federal or state authorities shall leave exceptions if it is necessary in the public interest, in particular for reasons of public safety. The first sentence of paragraph 1 shall not apply in so far as the Federal Office for Economic Affairs and Export Control (BAFA) has approved the export of the broadcasting facilities or other telecommunications equipment. (3) It shall be prohibited, in public or in communications, for a larger Persons shall be designated to advertise for transmission equipment or other telecommunication facilities with the notice that they are likely to intercept the non-publicly spoken word of another from this unnoticed or its image of that person to be recorded unnoticed.

Section 2
Data protection

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Section 91 Scope

(1) This section regulates the protection of personal data of subscribers and users of telecommunications in the collection and use of such data by undertakings and persons who are in business telecommunications services in Telecommunications networks, including telecommunications networks, which support, provide or participate in the provision of data collection and identification equipment. Individual information under the secrecy of telecommunications relating to the circumstances of a given or identifiable legal person or a partnership, provided that it is endowed with the ability to acquire rights or to enter into liabilities; (2) For closed user groups of public bodies of the Länder, this section applies with the proviso that the respective national data protection laws are to be replaced by the Federal Data Protection Act. Unofficial table of contents

§ 92 (omitted)

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Section 93 Information requirements

(1) Service providers shall inform their subscribers of the nature, scope, location and purpose of the collection and use of personal data in the event of the conclusion of the contract, in such a way as to ensure that the participants are aware of the basic nature of the basic information Processing status of the data is obtained. The participants should also be informed about the possibilities of choice and design. Users shall be informed by the service provider through publicly available information on the collection and use of personal data. The right of information in accordance with the Federal Data Protection Act remains unaffected. (2) Without prejudice to paragraph 1, the service provider shall, in cases where there is a particular risk of a breach of network security, shall have the participants of this risk. and, where the risk lies outside the scope of the action to be taken by the service provider, of possible remedies, including the costs likely to be incurred by them. (3) In the event of a breach of protection, The participants or persons concerned shall have the right to Rights arising from § 109a (1) sentence 2 in conjunction with paragraph 2. Unofficial table of contents

§ 94 Consent in electronic procedure

Consent may also be declared electronically, if the service provider ensures that:

1.

the participant or user has given his/her consent in a clear and unambiguous way,

2.

the consent is recorded,

3.

the subscriber or user can access the content of the consent at any time, and

4.

the subscriber or user can revoke the consent at any time with effect for the future.

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§ 95 Contract conditions

(1) The service provider may collect and use stock data to the extent that it is necessary to achieve the purpose referred to in § 3 (3). In the context of a contractual relationship with another service provider, the service provider may collect and use the inventory data of its subscribers and of the participants of the other service provider, insofar as this is in order to fulfil the contract between the Service providers are required. The data shall be transmitted to third parties unless this part or any other law permits it, only with the consent of the participant. (2) The service provider shall be entitled to the inventory data of the participants referred to in the second sentence of paragraph 1. Advising the participants, for advertising their own offers, for market research and for information about an individual request for a call from another user, only if this is necessary for these purposes and the participant agrees to . A service provider who has been legally aware of the telephone number or postal address, including the electronic, of a subscriber, within the framework of an existing customer relationship, may be sent to a service provider for the dispatch of text or image messages to a Use a telephone or a postal address for the purposes set out in the first sentence, unless the participant has objected to such use. The use of the telephone number or address in accordance with the second sentence is only permitted if the subscriber has to record or store the telephone number or address for the first time, and when sending a message to that telephone number or address, to one of the following: in the first sentence, it shall be made clearly visible and legible that he may object to the sending of further messages at any time in writing or in electronic form. (3) The contractual relationship shall be the inventory data of the Delete service providers with the end of the calendar year following the end of the calendar year. § 35 (3) of the Federal Data Protection Act applies accordingly. (4) The service provider may, in connection with the reasons and the changing of the contractual relationship as well as the provision of telecommunications services, to submit an official identity card. if this is necessary to verify the information provided by the participant. It can make a copy of the badmark. The copy shall be destroyed by the service provider without delay after the identification of the subscriber required for the conclusion of the contract is established. The service provider may not use any data other than the data allowed under paragraph 1. (5) The provision of telecommunications services may not depend on the subscriber's consent to use his data for other purposes. if the subscriber is not able to access these telecommunications services without the consent or in a manner which is not reasonably possible. A consent granted under such circumstances shall be ineffective. Unofficial table of contents

Section 96 Transport data

(1) The service provider may collect the following traffic data in so far as this is necessary for the purposes specified in this section:

1.

the number or identifier of the terminals or terminal equipment involved, personal authorization identifiers, the use of customer cards also the card number, and the location data for mobile connections,

2.

the beginning and end of the respective connection by the date and time and, if the charges depend on it, the amount of data transmitted,

3.

the telecommunications service used by the user;

4.

the endpoints of fixed connections, their start and end by the date and time, and, if the charges depend, the amount of data transmitted,

5.

other traffic data necessary for the establishment and maintenance of telecommunications and for the settlement of charges.

This traffic data may only be used where this is necessary for the purposes set out in the first sentence or by other statutory provisions or for the establishment of further connections. In addition, traffic data shall be deleted immediately by the service provider upon termination of the connection. (2) A survey or use of the traffic data beyond paragraph 1 is inadmissible. (3) The service provider may be subject to subscriber-related information. Traffic data used by the provider of a publicly available telecommunications service for the purpose of marketing telecommunications services, designing telecommunications services on demand or providing them with a view to providing of services with added value to the extent necessary for this purpose and in the shall only be used, provided that the person concerned has consented to such use. The data of the called party shall be anonymized without delay. The use of the traffic data by the service provider for the purposes specified in the first sentence is only permitted with the consent of the called party. In this case, the data of the caller are to be anonymized without delay. (4) When obtaining the consent, the subscriber must be informed of which types of data are to be processed for the purposes specified in the first sentence of paragraph 3 and how long they are to be processed. should be saved. In addition, the participant must be informed that he/she can withdraw his consent at any time. Unofficial table of contents

Section 97 Discharge calculation and settlement of charges

(1) Service providers may use the traffic data referred to in § 96 (1) to the extent that the data are required for the determination of the remuneration and for the billing with their subscribers. Where a service provider provides its services through a public telecommunications network of a foreign operator, the operator of the public telecommunications network shall be allowed to provide the service provider with the information collected for the provision of its services. Transmit traffic data. Where the service provider has concluded a contract with a third party relating to the withdrawal of the remuneration, it may transmit the data referred to in paragraph 2 to the third party in so far as it is necessary for the payment of the remuneration and the preparation of a detailed account is required. The third party is contractually obligated to maintain the confidentiality of the telecommunications according to § 88 and the data protection according to § § 93 and 95 to 97, 99 and 100. § 11 of the Federal Data Protection Act remains unaffected. (2) The service provider may, in order to properly determine and settle charges for telecommunications services and to prove the correctness of the same, the following personal data according to The provisions of paragraphs 3 to 6 shall apply and use:

1.

the traffic data in accordance with § 96 (1),

2.

the address of the participant or the recipient of the invoice, the type of connection, the number of total charges received during the accounting period of a scheduled payout, the amount of data transmitted, the total amount of data to be paid Remuneration,

3.

other circumstances that are significant for the settlement of charges, such as advance payments, payments with the date of booking, arrears of payments, reminders, carried out and raised complaints, submitted and processed complaints, and approved Stundungen, installment payments and security benefits.

(3) The service provider shall immediately determine the data required for the calculation of the pay after termination of the link from the traffic data pursuant to § 96 (1) Nos. 1 to 3 and 5. These data may be stored up to six months after the invoice has been sent. Data that is not required for billing shall be deleted immediately. If the participant has raised objections against the amount of the connection charges invoicing before the expiry of the period after the second sentence, the data may be stored until the objections have been finally resolved. (4) Insofar as it is for the settlement of the settlement the service provider may be required to use traffic data with other service providers or with their subscribers and other service providers, the service provider may use traffic data. (5) The service provider shall be subject to the invoice charges for Benefits of a third party in connection with the provision of In so far as it has provided telecommunications services, it may transmit the data to the third party in so far as it is necessary in individual cases for the enforcement of the claims of the third party to its subscriber. Unofficial table of contents

Section 98 Location data

(1) Location data used in relation to users of public telecommunications networks or publicly available telecommunications services may only be used in the scope and in the scope of the provision of services with additional benefits; and within the required period of time, if they have been anonymized or if the subscriber has given his consent to the provider of the service with additional benefit. In these cases, the provider of the service with additional benefit has to inform the user of the terminal whose location data have been determined by means of a text message upon each determination of the location of the mobile radio terminal. This does not apply if the location is displayed only on the terminal whose location data has been determined. If the location data for a service with added value are processed, which is the subject of the transmission of location data of a mobile radio terminal to another subscriber or third party who are not providers of the service with additional benefits, By way of derogation from § 94, the participant must grant his/her consent expressly, separately and in writing to the provider of the service with additional benefits. In this case, the obligation set out in the second sentence shall apply mutatily to the provider of the additional benefit service. The provider of the additional benefit may use the necessary inventory data for the fulfilment of its obligation from the second sentence. The participant must notify co-users of a given consent. A consent can be revoked at any time. (2) If the participants have given their consent to the processing of location data, they must also continue to have the possibility to process such data for each connection to the network or for any transmission of a message in a simple manner and free of charge temporarily. (3) For connections to ports reached by emergency numbers 112 or 110 or by telephone number 124 124 or 116 117, the Service providers shall ensure that they do not, in individual cases or in a continuous manner, communicate (4) The processing of location data referred to in paragraphs 1 and 2 shall be limited to the extent necessary for the provision of the added value service as well as to persons who, on behalf of the operator of the Public telecommunications network or publicly available telecommunications service or the third party providing the service with added value. Unofficial table of contents

Section 99 Individual connection verification

(1) The participant shall be notified of the stored data of those connections for which he is liable to pay only if he has requested a proof of connection in text form prior to the relevant accounting period; on request may the data shall also be communicated to him on a flat-rate basis. In doing so, the participant decides whether or not to notify him of the number of numbers he has chosen or to reduce the number of the last three digits. In the case of household connections, the notification shall be admissible only if the participant has declared in text form that he has informed all the co-users of the connection that belongs to the household and will inform future co-users without delay. shall be notified of the traffic data for the grant of the proof. In the case of connections in establishments and public authorities, the notification shall be admissible only if the participant has stated in text form that the employees have been informed and that future employees are informed immediately and that the works council or the Staff representation has been or is not required to be involved in accordance with the legal regulations. To the extent that the public-law religious companies have issued their own employee representative regulations for their own area, the provisions of sentence 4 shall apply with the proviso that the respective positions of the works council or the Staff Committee shall be replaced by the relevant staff representatives. Employee representation occurs. In addition, the participant may be informed of the stored data if he has raised objections to the level of the connection charges. To the extent that a participant is obliged to take full or part of the charges for connections arriving at his/her connection, he may, in the individual connection verification intended for him, be given the numbers of the connections from which the number of connections shall be: Make calls, only to be notified of the last three digits. The rates 2 and 7 shall not apply to service providers who, as providers of closed user groups, offer their services only to their subscribers. (2) The single-link certificate referred to in the first sentence of paragraph 1 shall not be subject to connections to the connections of persons, to identify authorities and organisations in social or ecclesial areas which, in principle, offer to callers who remain anonymous in full or predominantly by telephone advice in mental or social emergencies and who are themselves or whose Employees are subject to special confidentiality obligations. This applies only to the extent that the Federal Network Agency has included the called connections in a list. In addition to the categories of persons referred to in § 203 (1) (4) and (4a) of the Criminal Code, counselling within the meaning of sentence 1 shall be used in particular to provide telephone services and health advice. The Bundesnetzagentur (Bundesnetzagentur) shall list the holders of the connections on request if they have demonstrated their task determination in accordance with the first sentence by means of a certificate issued by an authority or body, institution or foundation under public law. The list is provided for retrieval in the automated process. The service provider shall consult the list on a quarterly basis and shall immediately apply changes to its billing procedures. The rates 1 to 6 do not apply to service providers who, as providers of closed user groups, offer their services only to their subscribers. (3) When using a customer card, a clear indication of the potential for the use of a customer card must also be made on the card. Communication of the stored traffic data can be seen. If such an indication on the card is not possible for technical reasons or is unreasonable for the card issuer, the participant must have made a statement in accordance with the third sentence of paragraph 1 or sentence 4. Unofficial table of contents

§ 100 disturbances of telecommunications equipment and abuse of telecommunications services

(1) Where necessary, the service provider may collect and use the data and traffic data of subscribers and users for the purpose of detecting, confining or eliminating faults or errors in telecommunications equipment. (2) To implement The operator of the telecommunication system or its authorized representative allows the connection to existing connections to the extent that this is necessary in order to detect and limit interference in the network. Any records created during the disconnection must be deleted immediately. The switching-on must be displayed simultaneously and expressly communicated to the communication participants concerned by means of an acoustic or other signal. If this is not technically possible, the operational data protection officer must be immediately informed in detail about the procedures and circumstances of each individual measure. This information shall be kept for two years with the operational data protection officer. (3) Where there are actual indications to be documented for the unlawful use of a telecommunications network or service, , in particular in order to facilitate performance or fraud, the service provider may use the data and traffic data necessary to ensure the unlawful use of the information in order to secure its claim for remuneration. Uncover and prevent telecommunications networks or services. The service provider may use the traffic data collected in accordance with section 96 in such a way that the data of those connections of the network are determined from the total stock of all traffic data, which are not older than six months, for which the data are transmitted. give rise to evidence of the suspicion of the illegal use of telecommunications networks and services. The service provider may, in accordance with the first sentence of the first sentence, form a pseudonymized total data collection from the traffic data and inventory data, which shall provide information on the transactions achieved by individual participants and, on the basis of appropriate criteria, It is possible to find such links in the network where there is a suspicion of unlawful use. The data of other connections must be deleted immediately. The Federal Network Agency and the Federal Commissioner for Data Protection shall be informed without delay of the introduction and modification of a procedure pursuant to sentence 1. (4) Under the conditions set out in the first sentence of paragraph 3, the service provider shall be entitled to Individual case-by-case control signals shall be collected and used to the extent that this is indispensable for the clarification and maintenance of the actions referred to therein. The collection and use of other news content is inadmissible. The Federal Network Agency shall be informed of the individual measures referred to in the first sentence. The persons concerned shall be notified as soon as this is possible without endangering the purpose of the measures. Unofficial table of contents

Section 101 Co-sections of incoming connections

(1) If a participant makes a conclusive statement in a procedure to be documented that calls to be made or harassing calls arrive at his connection, the service provider has, on written request, also cross-network information on the holders of the Provide ports from which the calls are made. The information may only be related to calls made after the request has been made. The service provider may collect and use the telephone numbers, names and addresses of the holders of these connections and the date and time of the start of the connections and of the connection tests, as well as communicate this data to the subscriber. Sentences 1 and 2 shall not apply to service providers who offer their services only to subscribers of closed user groups. (2) The announcement referred to in the third sentence of paragraph 1 may only be made if the participant previously had the connections by date, time of day. or other appropriate criteria, in so far as an abuse of this procedure cannot be ruled out in any other way. (3) In the case of cross-network information, the other service providers involved in the connection shall be requires the service provider of the threatened or harassed participant to: (4) The holder of the connection from which the established connections have been issued shall be informed that such information has been provided. This may be waited if the applicant has made a written statement in writing that he/she may have significant disadvantages arising from this communication, and these disadvantages in the event of a consideration of the legitimate interests of the calling party as appear to be much more serious. If the subscriber whose connection has been deemed to have been deemed to be threatening or harassed is otherwise aware of the exchange of information, he shall be informed on request of the exchange of information. (5) The The Federal Network Agency as well as the Federal Commissioner for Data Protection or the Federal Commissioner for Data Protection shall be informed without delay of the introduction and amendment of the procedure for ensuring the provisions of paragraphs 1 to 4. Unofficial table of contents

Section 102 Call number indication and suppression

(1) If the service provider offers the display of the call number of the calling ends, the calling and the called party must be able to suppress the call number display permanently or for each call individually in a simple manner and free of charge. Calls must be made in a simple manner and free of charge for incoming calls in which the call number display has been suppressed by the caller. (2) By way of derogation from the first sentence of paragraph 1, calls may be made to advertising with a person who has been called upon to make a call. telephone call not to suppress their call number indication or to cause the service provider to be suppressed; the caller has to ensure that the call number assigned to the caller is transmitted to the called party. (3) The paragraphs 1 and 2 shall not apply to service providers who provide their services only to the participants (4) At the request of the subscriber, the service provider must provide connections in which the transmission of the call number of the connection from which the call originates is free of charge to the called connection. is excluded. The connections shall be marked on request by the participant in the public list of participants (§ 104) of his service provider. Where a marking is carried out in accordance with the second sentence, a transmission of the telephone number of the connection from which the call originates shall not be effected until the marking in the updated version of the text of the document has been identified in the following text. (5) If the participant does not apply for entry in the directory of participants according to § 104, the display of his/her telephone number shall not be displayed at the called connection unless the subscriber has the right to access the subscriber directory. (6) If the telephone number of the telephone number is displayed, the number of Called, called, they must be able to suppress the display of their phone number at the caller in a simple manner and free of charge. (7) Paragraphs 1 to 3 and 6 shall also apply to calls to foreign countries and to calls coming from abroad to the extent that they relate to calls or calls domestised. (8) In connection with connections to connections which are available under the 112 or 110 or 124 124 or 116 117, the service provider shall ensure that the display of numbers of the calling ends is not excluded in individual cases or in a continuous manner. Unofficial table of contents

§ 103 Automatic call forwarding

The service provider is obliged to give its subscribers the option of putting an automatic further circuit on their terminal equipment, which is prompted by a third party, in a simple manner and free of charge, insofar as this is technically possible. Sentence 1 shall not apply to service providers who, as providers of closed user groups, offer their services only to their subscribers. Unofficial table of contents

Section 104 Participant lists

Participants may be entered in public printed or electronic directories with their name, address and additional information, such as profession, industry and type of connection, as far as they are requesting this. In doing so, the participants can determine what information is to be published in the directories. At the request of the participant, co-users may be registered as far as they agree with it. Unofficial table of contents

Section 105 Information exchange

(1) Information on the numbers of subscribers contained in directories may be given in compliance with the limitations of § 104 and paragraphs 2 and 3. (2) The telephone information on telephone numbers of subscribers may only be given if: have been duly informed that they may object to the transmission of their telephone number and have not made use of their right of objection. Information which goes beyond the telephone number on data published pursuant to § 104 may only be provided if the participant has consented to a further exchange of information. (3) The telephone exchange of name or name and address of a Subscriber, of which only the call number is known, is permitted if the subscriber, who is entered in a subscriber directory, has not objected to his possibility of objection after having indicated his service provider. (4) The opposition referred to in the first sentence of paragraph 2 or paragraph 3, or a consent referred to in the second sentence of paragraph 2, shall the customer files of the service provider and of the provider referred to in paragraph 1, which are based on the directories, must be immediately noted. They shall also be observed by the other service providers as soon as they have been reasonably aware that the opposition or consent is recorded in the directories of the service provider and of the provider referred to in paragraph 1. is. Unofficial table of contents

Section 106 Telegram service

(1) Data and supporting documents relating to the operational processing and delivery of telegrams may be stored insofar as it is necessary to provide proof of the proper provision of the telegram service in accordance with the conditions laid down by the participant. Contract is required. The data and supporting documents must be deleted by the service provider at the latest after six months. (2) Data and supporting documents on the content of telegrams may only be stored beyond the date of delivery, provided that the service provider is subject to the conditions laid down in of the contract for transmission errors concluded with the participant. In the case of domestic telegrams, the data and supporting documents shall be deleted by the service provider at the latest after three months, at the latest after six months in the case of foreign telegrams. (3) The deletion periods begin with the first day of the month following the month of the month of the month of the month of the month. Telegram task follows. The deletion must not be allowed as long as the pursuit of claims or an international agreement requires longer storage. Unofficial table of contents

Section 107 Messaging systems with intermediate storage

(1) The service provider may, in the case of services for the performance of which an intermediate storage is required, message contents, in particular voice, sound, text and graphics messages of subscribers, within the scope of a service offer directed hereto Process under the following conditions:

1.

The processing is carried out exclusively in telecommunication facilities of the intervening service provider, unless the message contents are on behalf of the subscriber or by entering the subscriber in telecommunication facilities of other service provider.

2.

Only the participant determines the content, scope and nature of the processing by entering into it.

3.

Only the participant determines who is allowed to enter and access message content (access authorized).

4.

The service provider may notify the subscriber that the recipient has accessed the message.

5.

The service provider may delete message content only in accordance with the contract concluded with the subscriber.

(2) The service provider shall take the necessary technical and organisational measures in order to exclude false transmissions and the unauthorised disclosure of news content within his company or to third parties. Measures shall be required only if their expenditure is proportionate to the intended purpose of protection. To the extent that it is necessary with regard to the intended protection purpose, the measures must be adapted to the respective state of the art.

Section 3
Public security

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Section 108 Emergency call

(1) Those who provide publicly available telecommunications services for the conduct of outgoing domestic calls to one or more numbers of the national telephone numbering plan shall make arrangements to ensure that end-users are free of charge It will be possible to use connections initiated either by the choice of the European emergency number 112 or by the additional national emergency number 110 or by the sending of appropriate signalling (emergency call connections). Those who provide such publicly available telecommunications services, enable access to such services or operate telecommunications networks which are used for such services, including calls for calls, shall have access to such services, as referred to in sentence 4. to ensure, or to ensure, to the necessary extent, that emergency calls are made without delay to the local emergency call centre, and shall take all necessary measures to ensure that emergency calls are made at any time are possible. The service providers referred to in sentences 1 and 2 shall, in accordance with the sixth sentence, ensure that the emergency call point is also transmitted with the emergency call:

1.

the telephone number of the connection from which the emergency call service originates; and

2.

the data required to identify the location from which the emergency call is based.

Emergency calls are primarily to be established in front of other connections; they are the same as the priority connections under the Swiss Post and Telecommunications Act (TEU). Data necessary for the prosecution of misuse of the emergency call in accordance with the provisions of the regulation referred to in paragraph 3 may also be transmitted with a delay to the emergency call request office. The data shall be transmitted free of charge in accordance with sentences 3 and 5. The cost of emergency calls shall be borne by each service provider itself, without prejudice to the remuneration of previous services. (2) With regard to emergency calls made by voice or hearing-impaired end-users using a (3) The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Labour and Social Affairs, to implement the Legal regulation with the consent of the Federal Council

1.

on the principles of the establishment of the catchment areas of emergency call centres and their subdivisions by the national and local authorities responsible for the emergency call, and on the principles of the voting procedure between those authorities and the concerned subscriber network operators and mobile network operators to the extent that these principles are necessary for the production of emergency call services,

2.

for the production of emergency call connections to the relevant local emergency call point or replacement emergency call point,

3.

to the extent of the performance characteristics to be provided for emergency calls, including:

a)

the transmission of the data referred to in the third sentence of paragraph 1 and

b)

permissible deviations with regard to the data to be transmitted in accordance with the third sentence of the third sentence of paragraph 1, in exceptional technical special cases,

4.

for the provision and transmission of data likely to enable the Emergency Call Centre to prosecuate the misuse of the emergency call,

5.

for the production of emergency call connections by means of automatic dialing equipment and

6.

the tasks of the Bundesnetzagentur in the areas listed in paragraphs 1 to 5, in particular with a view to establishing criteria for the accuracy and reliability of the data required to identify the location, from which the emergency call is based.

The provisions of this paragraph shall be without prejudice to the provisions of this paragraph in respect of national law in respect of the non-obligations referred to in paragraph 1. (4) The technical details of those referred to in the first sentence of paragraph 3, point 1 to 5 , and in particular the criteria for the accuracy and reliability of the information on the location from which the emergency call is based, the Federal Network Agency shall establish in a technical directive, taking into account the the provisions of the Regulation referred to in paragraph 3. The Federal Network Agency shall draw up the Directive with the participation of:

1.

the associations of the service providers and operators of telecommunications networks affected by the first and second sentences of paragraph 1 and 2 and 2,

2.

of the representatives of the operators of emergency call centres designated by the Federal Ministry of the Interior; and

3.

the manufacturer of the technical equipment used in the telecommunications networks and in the emergency services.

In the case of the provisions of the Technical Directive, international standards must be taken into account; deviations from the standards shall be justified. The Technical Directive is to be published by the Federal Network Agency on its website; the publication has to be published by the Federal Network Agency in its Official Journal. The undertakings referred to in the first sentence of paragraph 1 to 3 and paragraph 2 shall comply with the requirements of the Technical Directive not later than one year after the date of publication thereof, provided that no longer transitional period is established for certain obligations. is. Whereas, in the event of an amendment to the Directive, shortcomings in the design of technical facilities designed pursuant to this Directive must comply with the amended requirements not later than three years after its entry into force; Unofficial table of contents

Section 109 Technical protection measures

(1) Each service provider shall take the necessary technical measures and other measures.

1.

for the protection of telecommunications secrecy and

2.

against the breach of the protection of personal data.

In this context, the state of the art must be taken into account. (2) Anyone who operates a public telecommunications network or provides publicly available telecommunications services has access to the telecommunication and data processing systems operated for this purpose. appropriate technical arrangements and other measures to be taken

1.

to protect against disruptions which result in significant disruption of telecommunications networks and services, including as far as they may be caused by external attacks and the effects of disasters, and

2.

on the control of the risks to the safety of telecommunications networks and services.

In particular, measures must be taken to safeguard telecommunications and data processing systems against unauthorized access and to minimise the impact of security breaches on users or for interconnected networks. Those who operate a public telecommunications network shall take measures to ensure the proper functioning of their networks and thereby ensure the continuing availability of the services provided via these networks. Technical arrangements and other protective measures shall be appropriate where the technical and economic effort required is not disproportionate to the importance of the telecommunications networks or services to be protected. Section 11 (1) of the Federal Data Protection Act shall apply. (3) In the case of joint use of a location or technical facilities, each party concerned shall comply with the obligations laid down in paragraphs 1 and 2, provided that certain obligations are fulfilled. cannot be attributed to a specific participant. (4) Anyone who operates a public telecommunications network or provides publicly available telecommunications services has to appoint a security officer and has a security concept , which indicates that:

1.

which public telecommunications networks operate and which publicly available telecommunications services are provided;

2.

of which hazards are to be considered and

3.

the technical arrangements or other protective measures taken or planned for the fulfilment of the obligations arising out of paragraphs 1 and 2.

Those who operate a public telecommunications network shall submit the security concept to the Federal Network Agency without delay after the start of the network operation. Those who provide publicly available telecommunications services can, after the provision of the telecommunications service, be obliged by the Federal Network Agency to present the security concept. The safety concept shall be based on a declaration that the technical measures and other protective measures identified therein are implemented or are implemented without delay. If the Federal Network Agency finds security deficiencies in the security concept or in its implementation, it may require the Federal Network Agency to eliminate it immediately. If the circumstances on which the security concept is based change, the one after the sentence 2 or 3 has to adjust the concept and submit again to the Federal Network Agency, with reference to the changes. The Federal Network Agency can verify the implementation of the security concept. (5) Anyone who operates a public telecommunications network or provides publicly available telecommunications services has a security breach of the Federal Network Agency. shall be notified without delay, including any disruption of telecommunications networks or services, provided that this results in significant effects on the operation of telecommunications networks or on the provision of telecommunications services. The Federal Network Agency may ask for a detailed report on the breach of security and the remedial measures taken after the first sentence of 1. If necessary, the Federal Network Agency shall inform the Federal Office for Information Security, the national regulatory authorities of the other Member States of the European Union and the European Agency for Network and Information Technology, and the European Agency for Security and Safety in the Information security on security breaches. The Federal Network Agency may inform the public or request the information provided in accordance with the first sentence if it has concluded that the disclosure of the breach of security is in the public interest. Once a year, the Federal Network Agency shall submit a summary report on the notifications received to the Commission, the European Network and Information Security Agency and the Federal Office for Information Security in Information Technology (Bundesamt für Sicherheit in der Informationstechnik). (6) The Federal Network Agency (Bundesnetzagentur), in consultation with the Federal Office for Information Security and the Federal Commissioner for Data Protection and Freedom of Information, will draw up a catalogue of Security requirements for the operation of telecommunications and Data processing systems and for the processing of personal data as the basis for the security concept referred to in paragraph 4 and for the technical arrangements and other measures to be taken pursuant to paragraphs 1 and 2. Manufacturers, associations of operators of public telecommunications networks and associations of providers of publicly available telecommunications services will have the opportunity to comment. The Bundesnetzagentur (Bundesnetzagentur) publishes the catalogue. (7) The Federal Network Agency may order that the operators of public telecommunications networks or providers of publicly available telecommunications services to carry out a review by a qualified independent body or competent national authority, which shall determine whether the requirements referred to in paragraphs 1 to 3 are met. The obligation to submit a copy of the review report to the Federal Network Agency shall be sent without delay to the person who has pledged in the first sentence. It shall bear the costs of this review. Unofficial table of contents

Section 109a Data security

(1) Anyone who provides publicly available telecommunications services shall, in the event of a breach of the protection of personal data, immediately have the Federal Network Agency and the Federal Commissioner for Data Protection and the Freedom of Information of the Notify injury. If it is assumed that the breach of the protection of personal data will seriously affect participants or other persons in their rights or interests worthy of protection, the provider of the telecommunications service shall also have the right to notify those concerned immediately of this breach. In cases where the security concept has demonstrated that the personal data affected by the breach are protected by appropriate technical precautions, in particular by using a Encryption method has been saved, a notification is not required. Irrespective of the third sentence, the Bundesnetzagentur may notify the provider of the telecommunications service, taking into account the likely adverse effects of the breach of the protection of personal data, on a notification of the Persons concerned. In addition, § 42a sentence 6 of the Federal Data Protection Act applies accordingly. (2) The notification to the persons concerned must at least contain:

1.

the nature of the breach of the protection of personal data,

2.

information on the contact points for which further information is available, and

3.

Recommendations on measures limiting possible adverse effects of the breach of the protection of personal data.

In the notification to the Federal Network Agency and the Federal Commissioner for Data Protection and Freedom of Information, the provider of the telecommunications service shall have the consequences of the breach of protection in addition to the information provided for in sentence 1. (3) The providers of telecommunications services shall have a list of infringements of the protection of personal data, which shall include information on:

1.

on the circumstances of the injuries,

2.

on the impact of injuries and

3.

on the remedial measures taken.

This information must be sufficient to enable the Federal Network Agency and the Federal Commissioner for Data Protection and Freedom of Information to examine whether the provisions of paragraphs 1 and 2 have been complied with. The list shall contain only the information required for this purpose and shall not take into account any injuries sustained by more than five years. (4) Subject to technical implementing measures adopted by the European Commission in accordance with Article 4. Paragraph 5 of Directive 2002/58/EC may provide guidelines to the Bundesnetzagentur concerning the format, the procedure and the circumstances under which notification of a breach of the protection of personal data is required. Unofficial table of contents

Section 110 Implementation of monitoring measures, provision of information

(1) Anyone who operates a telecommunications system with which publicly available telecommunications services are provided has

1.

to reserve technical facilities for the implementation of legislative measures for the supervision of telecommunications at their own cost from the time of holding of the holding, and to implement organisational arrangements for their immediate implementation meetings,

1a.

in cases where the ability to be monitored can be ensured only by the interaction of two or more telecommunication systems, the automatic control options necessary for the detection and discharge of the data to be monitored to provide surveillance telecommunications in its telecommunications equipment and to enable such control,

2.

The Federal Network Agency immediately after the operating

a)

to declare that it has taken the measures referred to in point 1, and

b)

to designate a place located in the country to which it receives certain telecommunications surveillance arrangements;

3.

to provide the Federal Network Agency with the proof that its technical facilities and organisational arrangements referred to in point 1 are in accordance with the provisions of the legal regulation referred to in paragraph 2 and of the technical directive referred to in paragraph 3 ; to that end, he shall immediately, at the latest after one month after the start of the operation

a)

The Federal Network Agency shall send the documents necessary for the preparation of the tests to be carried out by the Federal Network Agency in the context of the proof of proof, and

b)

agree with the Federal Network Agency for a test date for the provision of this proof;

in the case of the tests required for the verification, he has to support the Federal Network Agency,

4.

to allow the Federal Network Agency, at the request of the Federal Network Agency, to examine its technical and organisational arrangements free of charge, on a case-by-case basis, and

5.

the establishment and operation of equipment for the implementation of measures pursuant to Articles 5 and 8 of the Article 10 Act in its premises, and staff of the body responsible for such measures, as well as the members and employees of the G 10-Commission (Section 1 (2) of the Article 10 Act) to grant access to these devices for the performance of their legal tasks.

Any person providing publicly available telecommunications services without operating a telecommunications system shall, in the selection of the operator of the telecommunications system used for that purpose, ensure that such arrangements shall be made available to the public. supervision of telecommunications can be implemented without delay in accordance with the provisions of paragraph 2 of the regulation and of the technical directive referred to in paragraph 3, and shall immediately inform the Federal Network Agency, after having received its service, which Telecommunications services shall be responsible for the provision of surveillance systems which Participants are to be implemented and to which authorities located in the home country are to be directed to arrangements for the supervision of telecommunications. Any changes to the data on which the communications pursuant to the first sentence of the first sentence of 2 (b) and the second sentence are based shall be notified immediately to the Federal Network Agency In cases where there are still no provisions referred to in paragraph 3, the pledge shall be designed to make the technical bodies referred to in the first sentence of the first sentence of 1 and 1a in consultation with the Federal Network Agency, which shall make the relevant provisions in consultation with the authorized bodies. The provisions of sentences 1 to 4 shall not apply in so far as the legal regulation referred to in paragraph 2 provides for exceptions to the telecommunications system. § 100b (3) sentence 1 of the Code of Criminal Procedure, § 2 (1) sentence 3 of the Article 10 Act, § 20l (5) sentence 1 of the Federal Criminal Law Act as well as corresponding state regulations for police-preventive telecommunication supervision remain (2) The Federal Government shall be authorized by the Federal Council to act with the consent of the Federal Council

1.

Rules to be adopted

a)

on the basic technical requirements and the organisational key points for the implementation of surveillance measures and the provision of information, including the implementation of surveillance measures and the provision of information by: a person who has been instructed by the pledging officer,

b)

on the regulatory framework for the technical directive referred to in paragraph 3,

c)

for the proof referred to in the first sentence of paragraph 1, Nos 3 and 4, and

d)

for the detailed design of the Dulunding obligation referred to in the first sentence of paragraph 1, point 5, and

2.

to determine

a)

In which cases and under which conditions it is possible to dispense with certain technical specifications temporarily,

b)

that, for technical reasons, the Federal Network Agency may grant exemptions from the fulfilment of individual technical requirements; and

c)

where, for reasons of fundamental technical considerations or for reasons of proportionality, telecommunications equipment and services provided, by way of derogation from the first sentence of paragraph 1 (1), no technical facilities are held and no technical facilities are available organisational arrangements must be made.

(3) The Federal Network Agency shall lay down technical details to ensure that the telecommunications to be monitored and the information to be provided are fully recorded and that the point of transfer to the authorized bodies is to be set up. shall be fixed in a technical directive to be drawn up in consultation with the authorized bodies and with the participation of the associations and producers. In doing so, international technical standards must be taken into account; deviations from the standards shall be justified. The Technical Directive is to be published on its website by the Federal Network Agency; the publication has to be published by the Federal Network Agency in its Official Journal. (4) Anyone who has technical facilities for the implementation of The Federal Network Agency may require the Federal Network Agency to examine or distribute surveillance measures in the context of a type-examination in conjunction with certain telecommunications equipment, to verify that the legal and regulatory requirements are Technical provisions of the Legal Regulation referred to in paragraph 2 and of the Technical Directive in accordance with paragraph 3. The Federal Network Agency may, at the discretion of the Federal Network Agency, temporarily allow deviations from the technical specifications, provided that the implementation of monitoring measures is in principle ensured and that an only insignificant need for adaptation is required. the institutions of the authorized bodies. The Federal Network Agency shall inform the manufacturer or the distributor in writing of the test result. The results of the test shall be taken into account by the Federal Network Agency in the case of proof of conformity of the technical equipment with the technical rules to be applied by the pledge referred to in the first sentence of paragraph 1 of paragraph 1 of this Article or 4. The consents issued by the Federal Ministry of Economics and Technology before the entry into force of this provision to the framework concepts presented by manufacturers shall be deemed to be communications within the meaning of the third sentence. (5) Those in accordance with paragraph 1 of this Article shall be deemed to have been notified. The requirements of the Regulation and of the Technical Directive referred to in paragraph 3 shall be fulfilled no later than one year after the notification thereof, provided there is a connection with the legal regulation referred to in paragraph 2. certain obligations have not been fixed for a longer period. Whereas, in the event of an amendment to the Directive no later than three years after the date of entry into force of the Directive, no less than three years after the date of entry into force of the Directive, non-standard technical installations for telecommunications services Meet requirements. Where, in the case of proof referred to in the first sentence of paragraph 1, or a further examination referred to in the first sentence of paragraph 1, point 4, a lack of the technical or organisational measures taken by the pledge, he shall have the following: The Federal Network Agency shall be able to eliminate the requirements of the Federal Network Agency within a reasonable period of time; if a defect arises during operation, in particular on the occasion of the monitoring measures to be carried out, it shall immediately remove the defect. If a type-examination as referred to in paragraph 4 has been carried out for the technical equipment and deadlines have been laid down for the elimination of defects, the Federal Network Agency shall have these deadlines in its guidelines for the removal of defects. in accordance with the third sentence. (6) Each operator of a telecommunications system which, in the course of its offer to the public, leaves to the public network termination points of its telecommunications system shall be obliged to comply with the law applicable to the public Monitoring of telecommunications authorized bodies on their request To immediately and prioritily provide network termination points for the transmission of the information arising from a monitoring measure. The technical design of such network termination points may be governed by a legal regulation in accordance with paragraph 2. The tariffs applicable to the general public shall apply to the provision and use, with the exception of special tariffs or surcharges for priority or early provision or interference. Special contractually agreed rebates remain unaffected by the third sentence. (7) Telecommunications equipment operated by the legally authorized bodies and by means of which they are entered into the telecommunications secrecy or in the network operation , should be technically designed in agreement with the Federal Network Agency. The Federal Network Agency has to comment on the technical design within a reasonable period of time. (8) (omitted) (9) (omitted)

Footnote

(+ + + § 110 para. 8: For the last application for the reporting year 2007 see § 12 StPOEG + + +) Unofficial table of contents

Section 111 Data for requests for information from the security authorities

(1) Anyone who provides or participates in the business of telecommunications services and who, in so doing, provides telephone numbers or other connection identifiers, or provides telecommunications connections for telephone numbers or other connection identifiers issued by others, shall have access to the information procedures in accordance with § § 112 and 113

1.

the call numbers and other port identifiers,

2.

the name and address of the connection holder;

3.

for natural persons, their date of birth,

4.

in the case of landline connections, the address of the terminal,

5.

in cases where, in addition to a mobile telephone connection, a mobile terminal is also left to the device, the device number of this device, and

6.

the date of the commencement of the contract

before the activation, to collect and save immediately, even as far as these data are not required for operational purposes; the date of the end of the contract is also to be stored when the contract is announced. Sentence 1 shall also apply insofar as the data are not entered in subscriber directories (§ 104). The obligation for immediate storage in accordance with the first sentence shall apply, in respect of the data set out in the first and second sentences of the first sentence, to the person who, in business terms, provides a publicly accessible service of the electronic mail and, in doing so, data in accordance with In the case of the data referred to in the first sentence of 1 (1), the identifiers of the electronic mailboxes and the location of the holder under the first sentence of 1 (2) of the electronic mail holder shall be replaced by the first and second sentences. If a change is known to the pledge pursuant to sentence 1 or sentence 3, he shall immediately correct the data; in this context, the data which has not yet been collected in accordance with the first sentence shall be collected and stored, provided that such data are not collected by the person concerned. Collection of the data is possible without special effort. The form of data storage is exempted for the information procedure pursuant to § 113. (2) The service provider is entitled to the first sentence of the first sentence of paragraph 1 or the third sentence of one of the sales partners. The distribution partner shall have the data referred to in the first sentence of paragraph 1 and 3 below the to the service provider and the data collected pursuant to § 95 to the service provider without delay; the second sentence of paragraph 1 shall apply accordingly. The first sentence shall also apply to data relating to changes in so far as they are brought to the attention of the distribution partner within the framework of the usual business conduct. (3) Data in the case of contractual relationships which already exist on the date of entry into force of this provision shall be subject to the following information: (4) The data shall be deleted at the end of the calendar year following the termination of the contractual relationship. (5) Compensation for: the data collection and storage is not granted. Unofficial table of contents

Section 112 Automated information procedure

(1) Anyone who provides publicly available telecommunications services shall immediately store the data collected pursuant to section 111 (1), first sentence, 1, 3 and 4 and 2 (2) in customer files, including telephone numbers and call number contingents, which shall also be used for the further processing of the telephone number. Marketing or other use to other providers of telecommunication services, as well as with ported call numbers, are to be included in the current porting identifier. The obligated may also commission a different body in accordance with § 11 of the Federal Data Protection Act to lead the customer files. For the correction and deletion of the data stored in the customer files § 111 para. 1 sentence 4 and para. 4 shall apply accordingly. In cases of ported telephone numbers, the call number and the corresponding port identifier are to be deleted only after the end of the year following the date at which the call number was returned to the network operator to which it was originally assigned. . The undertaking shall ensure that:

1.

the Federal Network Agency can at any time automatically retrieve data from the customer files domesticly,

2.

The retrieval of data using incomplete query data or the search by means of a similar function can be performed.

The undertaking and its representative shall, through technical and organisational measures, ensure that they are not able to obtain information. The Federal Network Agency may only retrieve data from the customer files as far as the knowledge of the data is required

1.

for the prosecution of offences under this law or under the law against unfair competition,

2.

for the execution of requests for information of the bodies referred to in paragraph 2.

The requesting body shall immediately examine the extent to which it needs the data transmitted in response to it, without delay; this shall also apply to the Federal Network Agency for the retrieval of data pursuant to sentence 7 (1). (2) Information from to the customer files referred to in paragraph 1

1.

the courts and law enforcement authorities,

2.

the federal and state police enforcement authorities for security purposes,

3.

the Customs Office and the Customs Prosecution Offices for the purposes of criminal proceedings and the Customs Criminal Office for the preparation and implementation of measures pursuant to Section 23a of the Customs Code of Customs Obligations,

4.

the federal and state constitutional protection agencies, the military shielding service, the Federal Intelligence Service,

5.

the emergency call requests in accordance with § 108 and the polling station for call number 124 124,

6.

the Bundesanstalt für Finanzdienstleistungsaufsicht and

7.

the authorities of the customs administration for the purposes referred to in Article 2 (1) of the Schwarzarbeitspesticides Act, via central query offices

(3) The Federal Ministry of Economics and Technology (Bundesnetzagentur) shall, in accordance with paragraph 4, be granted at any time, in so far as the information is required for the performance of its statutory tasks and the requests to the Federal Network Agency are submitted in automated Technology is authorized, in agreement with the Federal Chancellery, the Federal Ministry of the Interior, the Federal Ministry of Justice, the Federal Ministry of Finance, and the Federal Ministry of Defence, a regulation with the consent of the Federal Ministry of Defence to be adopted by the Federal Council in which

1.

the essential requirements for technical procedures

a)

for the transmission of requests to the Federal Network Agency,

b)

to retrieve the data by the Federal Network Agency from the catering, including the types of data to be used for the query, and

c)

for the transmission of the results of the call from the Federal Network Agency to the requesting bodies,

2.

the safety requirements to be met,

3.

for fetches with incomplete query data and for searching by means of a similar function

a)

the minimum requirements for the data to be entered for the determination of the requested person as accurately as possible,

b)

the characters that may be used in the query,

c)

Requirements for the use of language-based procedures which ensure that different spellings of a person's name, street name or place name, as well as deviations arising from the exchange, omission or addition of the name components are included in the search and the search results are included,

d)

the permissible quantity of response records to be transmitted to the Federal Network Agency; and

4.

, by way of derogation from the first sentence of paragraph 1, for reasons of proportionality, those who do not have to hold customer data files for the automated information procedure shall be deemed to be subject to the provisions of Section 111 (1), fifth sentence.

In addition, the Regulation may also lay down restrictions on the possibility of interrogating the bodies referred to in paragraph 2 (5) to (7) on the scale required for those bodies. The technical details of the automated retrieval procedure shall be provided by the Federal Network Agency in a technical directive to be drawn up with the participation of the associations concerned and of the authorized bodies, which shall, if necessary, take the status of the technical directive to be carried out. The Federal Network Agency shall be notified in its Official Journal. The undertaking referred to in paragraph 1 and the authorized bodies shall comply with the requirements of the Technical Directive not later than one year after the date of notification thereof. Whereas, in the event of an amendment to the Directive, defects in technical facilities designed pursuant to this Directive must comply with the amended requirements not later than three years after the entry into force of the Directive. (4) At the request of the bodies referred to in paragraph 2; the Bundesnetzagentur has to retrieve the relevant data records from the customer files referred to in paragraph 1 and to submit them to the requesting body. It shall examine the admissibility of the transmission only to the extent that there is a special occasion for this. The responsibility for the admissibility of the transmission shall be borne

1.

in the cases referred to in the first sentence of paragraph 1, point 1, the Bundesnetzagentur and

2.

in the cases referred to in the second sentence of paragraph 1, point 2, the bodies referred to in paragraph 2.

The Federal Network Agency shall, for the purposes of data protection control by the relevant competent authority, record the time in each call, the data used in the execution of the call, the data retrieved, a person who is being called up to the person who is being called up designates the date as well as the requesting body, its file number and a date clearly indicated by the person to be requested. The use of historical data for other purposes is not permitted. The data shall be deleted after one year. (5) The pledge referred to in paragraph 1 shall be subject to all technical provisions in its area of responsibility at the costs necessary for the provision of information under this provision. . This shall include the acquisition of equipment necessary to ensure confidentiality and protection against unauthorized access, the establishment of a suitable telecommunications terminal and participation in the closed User system and the ongoing provision of these arrangements in accordance with the provisions of the Regulation and the Technical Directive referred to in paragraph 3. Compensation for information provided in the automated procedure shall not be granted to the pledge. Unofficial table of contents

Section 113 Manual enquiry procedure

(1) In accordance with the provisions of paragraph 2, the data collected pursuant to sections 95 and 111 of this Regulation shall be subject to the fulfilment of the obligation to provide information in respect of the fulfilment of disclosure requirements in respect of the provisions of paragraph 3. shall be used. This also applies to data by means of which access to terminal devices or to storage devices which are used in these terminals or spatially separated therefrom is protected. The data to be included in an information may also be determined on the basis of an Internet protocol address assigned at a specific time; traffic data may also be evaluated automatically for this purpose. All data sources within the company must be taken into account for the purpose of providing information in accordance with the third sentence. (2) The information may only be provided, in so far as a body referred to in paragraph 3 is in text form in the individual case for the purpose of tracking In order to prevent threats to public security or order, or to fulfil the legal tasks of the bodies referred to in paragraph 3 (3), including a statutory provision, the following shall be required: enable it to collect the data referred to in paragraph 1; to other public and non-public bodies shall not be allowed to communicate data referred to in paragraph 1. In the event of danger in default, the information may also be given if the request is made in a different form. In this case, the request must be confirmed immediately afterwards in text form. The responsibility for the admissibility of the request for information shall be borne by the bodies referred to in paragraph 3. (3) For the purposes of paragraph 1,

1.

the authorities responsible for the prosecution of criminal offences or administrative offences;

2.

the authorities responsible for the defence of threats to public security or order;

3.

the federal and state constitutional protection agencies, the military shielding service and the federal intelligence service.

(4) The person who provides or participates in the business of telecommunications services shall forward the data to be informed immediately and in full. The pledges and the exchange of information have to be respected by the persons concerned and by third parties. (5) Who provides or participates in the business of telecommunication services, has the following in his/her To take the necessary measures to meet the costs of the exchange of information. Those who have more than 100 000 customers shall be required to provide a secure electronic interface in accordance with the Technical Directive in accordance with § 110 (3) for the receipt of the requests for information and for the issuing of the relevant information, which is also ensured by the transfer, which is secured against the information provided by unauthorised persons. In doing so, care must be taken to ensure that any request for information by a responsible person is checked for compliance with the formal requirements referred to in paragraph 2 and that the further processing of the request is not carried out until after a positive Audit result is released. Unofficial table of contents

§ 113a Data storage requirements for data

(1) Those who provide publicly available telecommunications services to end-users shall be obliged to use, in accordance with paragraphs 2 to 5, six months in the territory of the country or in a traffic data produced or processed by the user in connection with the use of his service. to other Member States of the European Union. Those who provide publicly available telecommunications services to end-users without themselves producing or processing traffic data shall ensure that the data are stored in accordance with the first sentence, and the Federal Network Agency shall, at the request of the Federal Network Agency, (2) Save the providers of publicly available telephone services:

1.

the telephone number or other identification number of the calling and the called terminal and, in the case of switching or further switching, of each further terminal involved,

2.

the beginning and end of the connection by date and time, indicating the time zone on which it is based,

3.

in cases where different services may be used in the telephone service, information on the service being used,

4.

in the case of mobile telephone services:

a)

the international identifier for mobile subscribers for the calling and the called port,

b)

the international identifier of the calling and the called terminal,

c)

the designation of the radio cells used at the beginning of the connection by the calling and the called connection;

d)

in the case of pre-paid anonymous services, the first activation of the service by date, time and designation of the radio cell,

5.

in the case of Internet telephone services, also the Internet Protocol address of the calling and the called port.

The first sentence shall apply in the case of transmission of a short, multimedia or similar message, in which case, instead of the information provided for in the first sentence, no. 2, the times of dispatch and receipt of the message shall be stored. (3) The providers of services shall be responsible for the transmission of information. Save the electronic mail:

1.

in the event of a message being sent, the identifier of the electronic mailbox and the Internet protocol address of the sender, as well as the electronic mail box identifier of each recipient of the message,

2.

in the case of the receipt of a message in an electronic mailbox, the identifier of the sender's electronic mail box and the recipient of the message, as well as the Internet protocol address of the telecommunications system which is to be sent,

3.

in the case of access to the electronic mailbox, its identifier and the Internet Protocol address of the call-up,

4.

the dates of the uses of the service referred to in points 1 to 3, according to the date and time, indicating the time zone underlying them.

(4) The providers of Internet access services store:

1.

the Internet Protocol address assigned to the participant for Internet use,

2.

a unique identifier of the port over which Internet use is made,

3.

the start and end of the Internet use under the assigned Internet Protocol address by date and time, indicating the time zone underlying it.

(5) Insofar as providers of telephone services store or record the traffic data referred to in this provision for the purposes referred to in § 96 (2), even if the call remains unanswered or because of an intervention by the If network management is unsuccessful, the traffic data must also be stored in accordance with this provision. (6) Anyone who provides telecommunication services and thereby changes the information to be stored in accordance with this provision, is to store the data. the original and the new indication as well as the date of the rewriting of the information referred to in Date and time of day, indicating the underlying time zone. (7) Anyone who operates a mobile radio network for the public is obliged to use the designations of the radio cells that are stored in accordance with this provision, including data (8) The content of the communication and data relating to the accessed Internet pages may be based on the content of the websites accessed by the radio cell. (9) The storage of the data referred to in paragraphs 1 to 7 shall be: in such a way that requests for information from the authorized bodies can be answered without delay. (10) The information provided by this provision concerning the quality and the protection of the stored traffic data, which has been provided in the area of Care must be taken into account. In the course of this he has to ensure, through technical and organizational measures, that access to the stored data is possible exclusively for this purpose by him especially authorized persons. (11) The person who has pledged according to this provision shall, within one month after the expiry of the period referred to in paragraph 1, delete the data stored solely on the basis of this provision or shall ensure the erasure.

Footnote

§ 113a: In accordance with the decision-making formula, it violates Article 10 (1) of the GG and is void. BVerfGE v. 2.3.2010 I 272-1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08- Unofficial table of contents

§ 113b Use of the data stored in accordance with § 113a

The data stored in accordance with § 113a may be the data stored solely on the basis of the storage obligation pursuant to § 113a

1.

on the prosecution of criminal offences,

2.

to prevent significant threats to public security, or

3.

for the fulfilment of the legal tasks of the federal and state constitutional protection authorities, the Federal Intelligence Service and the Military shielding service

submit to the competent authorities at their request, insofar as this is provided for in the respective statutory provisions with reference to § 113a and the transmission is arranged in individual cases; for other purposes, with the exception of a He may not use the data in accordance with § 113. Section 113 (1) sentence 4 shall apply accordingly.

Footnote

§ 113b: In accordance with the decision-making formula, it violates Article 10 (1) of the GG and is void. BVerfGE v. 2.3.2010 I 272-1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08- Unofficial table of contents

Section 114 Information requests of the Federal Intelligence Service

(1) Anyone who provides publicly available telecommunications services or operates transmission channels which are used for publicly available telecommunications services, has free access to the Federal Ministry of Economics and Technology on request To provide information on the structures of telecommunications services and networks, as well as any forthcoming changes. Individual telecommunication operations and inventory data of participants may not be the subject of information provided by this provision. (2) Inquiries pursuant to paragraph 1 shall be admissible only if a corresponding request from the Federal Intelligence Service is available. and in so far as the information is required for the performance of the tasks in accordance with § § 5 and 8 of the article 10-Act. The use of information obtained pursuant to this provision for other purposes is excluded. Unofficial table of contents

Section 115 Control and enforcement of obligations

(1) The Federal Network Agency may take orders and other measures to ensure compliance with the provisions of Part 7 and the legal regulations adopted pursuant to this Part, as well as the technical guidelines to be applied in each case. At the request of the Bundesnetzagentur, the obligated must provide the necessary information. The Federal Network Agency has the power to verify compliance with the obligations of entering and visiting the business and operating rooms during the normal operating or business hours. (2) The Federal Network Agency may, in accordance with the conditions laid down in Administrative enforcement law Forced funds as follows:

1.

up to EUR 500 000 for the enforcement of the obligations under § 108 (1), § 110 (1), 5 or 6 (6), a legal regulation pursuant to § 108 (3), a legal regulation pursuant to § 110 (2), of a legal regulation pursuant to § 112 (3) sentence 1, the technical Directive pursuant to § 108 (4), of the Technical Directive pursuant to § 110 (3) or the Technical Directive pursuant to § 112 (3) sentence 3,

2.

up to EUR 100 000 for the enforcement of the obligations under sections 109, 109a, 112 (1), 3 sentence 4, (5) sentence 1 and 2, § 113 (5) sentence 2 and 3, or section 114 (1) and

3.

up to EUR 20 000 for the enforcement of the obligations under Section 111 (1), (2) and (4) or (4) and (5) sentence 1.

In the case of repeated infringements of Section 111 (1), (2) or (4), § 112 (1), (3) sentence 4, (5) sentence 1 and (2) or 113 (4) and (5) sentence 1, the activities of the pledge may be restricted by arranging the Federal Network Agency in such a way that: the customer base may not be changed until the fulfilment of the obligations arising out of these regulations, except by the expiry of the contract or termination of the contract. (3) In addition, the Federal Network Agency may not fulfil obligations of the Part 7 the operation of the telecommunications equipment concerned or the business To prohibit, in whole or in part, the provision of the telecommunications service in question in the event of milder interference with the enforcement of legitimate conduct. (4) As far as the commercial provision of telecommunications services is concerned, data from of natural or legal persons is collected, processed or used by the companies to the place of control pursuant to § 38 of the Federal Data Protection Act (Bundesdatenschutzgesetz), a control by the Federal Commissioner for Data Protection shall be in accordance with the § § 21 and 24 to 26 (1) to (4) of the German Federal Data Protection Act. The Federal Commissioner for Data Protection shall address his complaints to the Federal Network Agency and transmit further results of his/her control at the discretion of the Federal Network Agency. (5) The telecommunications secrecy of Article 10 of the Basic Law will be forwarded to the Federal Network Agency. in so far as they require the checks referred to in paragraphs 1 or 4.

Part 8
Federal Network Agency

Section 1
Organization

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Section 116 Tasks and powers

The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall carry out the tasks and powers assigned to it under this Act. Unofficial table of contents

Section 117 Publication of instructions from the Federal Ministry of Economics and Technology

To the extent that the Federal Ministry of Economics and Technology grants instructions, these instructions are to be published in the Federal Gazette. This does not apply to such tasks, which are to be exercised by the Federal Ministry of Economics and Technology on the basis of this law or other laws under its own jurisdiction and with the fulfilment of which it has entrusted the Federal Network Agency. Unofficial table of contents

Section 118

(dropped) Unofficial table of contents

§ 119

(dropped) Unofficial table of contents

Section 120 Tasks of the Advisory Board

The Advisory Board according to § 5 of the Law on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways has the following tasks:

1.

(dropped)

2.

The Advisory Board shall act with the decisions of the Federal Network Agency in the cases of § 61 (3) (2) and (4) and (§ 81).

3.

The Advisory Council is entitled to apply for measures to implement the regulatory objectives and to ensure the universal service. The Federal Network Agency is obliged to modestly submit the application within six weeks.

4.

The Advisory Board shall be entitled to obtain information and comments from the Federal Network Agency. The Federal Network Agency shall be obliged to provide information to the Advisory Board.

5.

The Advisory Board advises the Federal Network Agency on the preparation of the project plan pursuant to section 122 (2), in particular also with regard to the fundamental market-relevant decisions.

6.

The Advisory Board shall be consulted in the preparation of the frequency plan in accordance with § 54.

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Section 121 Activity report

(1) The Federal Network Agency shall, together with the report referred to in paragraph 2, submit a report to the legislative bodies of the Confederation on its activities and on the situation and development in the field of telecommunications. This report shall also give an opinion on the question whether a change in the definition of telecommunications services as universal services within the meaning of § 78 is recommended. (2) The Monopolies Commission shall draw up every two years Opinion assessing the state of play and the foreseeable development of competition and the question of whether there is a sustainable competitive telecommunications market in the Federal Republic of Germany, the application of the provisions of this Directive Law on the regulation and supervision of competition and on other , in particular, the question of whether the scheme should be adapted in the light of Article 21 (2) (3) in relation to the development of competition. The report is to be completed by 30 November of a year in which no major opinion is submitted under Section 44 of the Law on Competition Restrictions. The Monopolies Commission may inspect the files held by the Federal Network Agency, including operational and business secrets, to the extent that this is necessary for the proper performance of their tasks. § 46 (3) of the Act against restrictions on competition applies accordingly to the confidential handling of the files. (3) The Federal Government shall give its opinion on the report with respect to the legislative bodies of the Federal Government within a reasonable period of time. Unofficial table of contents

Section 122 Annual Report

(1) The Federal Network Agency shall publish once a year a report on the development of the telecommunications market, the essential market data, including the development and the level of the final user rates of the services referred to in Article 78 (2), which shall either: in accordance with § § 81 to 87 of the company or on the market, and its relationship to national consumer prices and income, as well as consumer protection issues. (2) The annual report shall be published in accordance with the public The hearing should include a plan of the previous year, in which the Federal Network Agency to assess fundamental legal and economic questions are included. The results are to be published in the following annual report. (3) The Federal Network Agency continuously publishes its administrative principles. Unofficial table of contents

Section 123 Cooperation with other authorities at national level

(1) In the cases of § § 10, 11, 40, 41 and § 62 (2) (3), the Federal Network Agency shall decide in agreement with the Federal Cartel Office. If the Federal Network Agency makes decisions pursuant to Part 2 (2) to (5) or Section 77a (1) and (2), it shall give the Bundeskartellamt an opportunity to comment in good time before the conclusion of the procedure. In the field of telecommunications, the Bundeskartellamt shall conduct proceedings in accordance with Articles 19 and 20 (1) and (2) of the Act against restrictions on competition, Article 102 of the Treaty on the Functioning of the European Union or Article 40 (2) of the Treaty on the Functioning of the European Union. Law against restrictions on competition, the Bundesnetzagentur (Bundesnetzagentur) shall give its opinion in good time before the conclusion of the procedure. Both authorities are acting on a uniform interpretation of this law, including the adoption of administrative provisions, in the context of the law against restrictions on competition. They have to communicate observations and findings that can be of importance for the fulfilment of the tasks of both sides. (2) The Federal Network Agency works with the state media institutions. Upon request, it shall transmit findings to the state media authorities which are necessary for the fulfilment of their tasks. Unofficial table of contents

Section 123a Cooperation with other authorities at the level of the European Union

The Bundesnetzagentur shall cooperate in a transparent manner with the national regulatory authorities of other Member States, the Commission and BEREC in order to ensure uniform application of the provisions of Directive 2002/21/EC and of the Individual Directives to be ensured. It works in particular with the Commission and BEREC in identifying the measures best suited to cope with certain situations on the market. (2) The Bundesnetzagentur supports the objectives of BEREC in relation to (3) The Bundesnetzagentur shall, in the performance of its tasks, take the utmost account of the recommendations made by the Commission in accordance with Article 19 (1) and (2) of Directive 2002 /21/EC. If the Bundesnetzagentur decides not to comply with such a recommendation, it shall inform the Commission thereof, stating its reasons. Unofficial table of contents

Section 123b Provision of information

The Bundesnetzagentur shall, on the basis of the reasoned request referred to in Article 5 (2) of Directive 2002/21/EC, provide the Commission with the information required by the Commission to carry out its tasks under the Treaty on the Functioning of the European Union of the European Union. If the information provided relates to information previously provided by companies at the request of the Federal Network Agency, the companies will be informed accordingly. (2) The Federal Network Agency may transmit it to the Federal Network Agency. provide information from the national regulatory authority of another Member State at the request of the national regulatory authority, in so far as it is necessary, to ensure that this national regulatory authority has fulfilled its obligations under the law of the (3) In the context of the exchange of information between the Paragraphs 1 and 2 shall ensure that the Federal Network Agency provides confidential treatment of all information provided by the national regulatory authority of another Member State or by the company that provides the information to the Federal Network Agency in accordance with the provisions of the law of the European Union and the national provisions relating to trade secrecy, shall be considered as confidential. (4) The Bundesnetzagentur shall identify, in the context of the provision of Information to the Commission, to national regulatory authorities of others Member States, BEREC and BEREC's Office of the Office of BEREC. It may request the Commission to ensure that the information it provides to the Commission is not made available to the authorities of other Member States. The request shall be justified. Unofficial table of contents

§ 124 Mediation

The Federal Network Agency may, in appropriate cases for settlement of telecommunications disputes, propose a consensual attempt at conciliation before a Gütestelle (mediation procedure). Unofficial table of contents

§ 125 Scientific advice

(1) The Federal Network Agency may use scientific commissions in order to prepare its decisions or to assess the questions of regulation. Their members must have special economic, economic, social, technological or legal experience in the field of telecommunications or postal services, as well as scientific knowledge of the following areas: (2) The Federal Network Agency is continuously receiving scientific support in the performance of its tasks. This concerns in particular:

1.

the regular evaluation of the economic, economic, legal and social development of telecommunications and postal services in Germany and abroad,

2.

the preparation and further development of the scientific basis for the design of the universal service, the regulation of providers with significant market power, the rules on open network access and interconnection, and the Numbering and customer protection.

Section 2
Powers

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§ 126 Untersagung

(1) If the Federal Network Agency finds that a company does not fulfil its obligations under this Act, under this Act or under Regulation (EC) No 717/2007, it shall invite the Company to comment and remedy the situation. It sets a deadline for the company to remedy the situation. (2) If the company does not comply with its obligations within the time limit set, the Federal Network Agency may order the measures necessary to comply with the obligation. In this case, the company must be given a reasonable period of time in order to be able to comply with the measures. (3) The company is not responsible for its obligations in a severe or repeated manner, or the Federal Network Agency will remedy the situation. shall not comply with the provisions of paragraph 2, the Bundesnetzagentur may prohibit it from operating as an operator of telecommunications networks or providers of telecommunications services. (4) The breach of obligations shall mean that the Agency shall be responsible for the operation of the operation of the telecommunications network. public safety and order directly and significantly endanger or lead the Failure to fulfil obligations with other providers or users of telecommunications networks and services on significant economic or operational problems, the Bundesnetzagentur may, by way of derogation from the procedures referred to in paragraphs 1 to 3, be provisional Take action. The Federal Network Agency shall decide, after having given the undertaking concerned an opportunity to comment within a reasonable period of time, whether the provisional measure has been confirmed, repealed or amended. (5) To enforce the Orders referred to in paragraph 2 may be fixed in accordance with the Administrative Enforcement Act (Administrative Enforcement Act) up to EUR 500 000. Unofficial table of contents

Section 127 request for information

(1) Without prejudice to other national reporting and information requirements, operators of public telecommunications networks and providers of publicly available telecommunications services shall be obliged to comply with the rights and obligations of the public telecommunications network. to supply, at the request of the Federal Network Agency, information necessary for the enforcement of this law. The Federal Network Agency may, in particular, require information which is necessary for:

1.

the systematic or case-by-case review of the obligations arising out of this law or under this law,

2.

the verification of obligations on a case-by-case basis, if the Federal Network Agency has received a complaint or if it accepts a breach of obligations for other reasons or is conducting an investigation on its own,

3.

the publication of quality and price comparisons for services for the benefit of end-users,

4.

precisely specified statistical purposes,

5.

a market definition and market analysis procedure in accordance with § § 10 and 11,

6.

Procedures for the granting of rights of use and for the verification of the relevant applications, and

7.

the use of numbers.

The information provided for in the third sentence of the third sentence of paragraph 1 to 5 may not be required before access to the market or as a condition for access. (2) Insofar as it is necessary to perform the tasks assigned to the Bundesnetzagentur, the Federal Network Agency of undertakings operating in telecommunications in accordance with paragraph 1

1.

call for information on their economic circumstances, in particular on turnover figures,

2.

view and review the business documents within the normal operating or business hours.

The Federal Network Agency may, in particular, require companies operating in telecommunications pursuant to paragraph 1 to provide information on future network and service developments if these developments may have an impact on the level of services at the level of the services concerned, that make the companies available to competitors. The Federal Network Agency may also require companies with significant market power in advance markets to submit accounting data on end-user markets connected to these markets. (3) The Federal Network Agency shall request the Information referred to in paragraphs 1 and 2, and the examination referred to in paragraph 2, point 2, shall be provided by written order. The legal basis, the subject matter and the purpose of the request for information shall be provided at the disposal of the person concerned. In the case of a request for information, a reasonable period of time for the provision of information shall be determined. (4) The proprietors of the undertakings or persons representing them, in the case of legal persons, companies or non-legal associations, which shall be subject to the following conditions: The law or the statutes for the representation of professional persons, shall be required to provide the information required under paragraphs 1 and 2, to submit the business documents and to examine these business documents and to enter into the business premises and premises during normal operations, or (5) Persons charged with carrying out audits by the Federal Network Agency shall be entitled to the offices and offices of undertakings and associations of undertakings during the normal operation or operation of the undertaking. (6) searches can only be made on the order of the local court in whose district the search is to take place. § § 306 to 310 and 311a of the Code of Criminal Procedure are applicable to the challenge of this order. In the event of a risk of delay, the persons referred to in paragraph 5 may carry out the necessary searches without a judicial order during the business period. A minutes shall be recorded on the spot on the search and its essential result, from which, if a judicial order has not been issued, the facts will also arise which have resulted in the acceptance of a danger in default. (7) Objects or business documents may be taken into custody to the extent necessary or, if they are not published voluntarily, may be confiscated. Paragraph 6 shall apply to the seizure. (8) For the information referred to in paragraph 4, the information may be refused on such matters, the answers to which they themselves or in section 383 (1) (1) (1) to (3) of the Code of Civil Procedure would be subject to the risk of criminal prosecution or proceedings under the Law on Administrative Offences. The knowledge and documents obtained by means of information or measures referred to in paragraphs 1 and 2 may be used for the purpose of a taxation procedure or a fine on the grounds of unlawfulness or of a foreign exchange offence and of a procedure. because of a tax offence or a foreign exchange penalty; § § 93, 97, 105 (1), § 111 (5) in conjunction with Section 105 (1) and Section 116 (1) of the Tax Code shall not be applied in this respect. Sentence 1 shall not apply to proceedings in respect of a tax offence and to a related taxation procedure where there is a compelling public interest in the implementation thereof or, in the case of intentionally false information, of the Persons responsible for providing information or persons working for them. (9) Insofar as tests have resulted in a breach of conditions, orders or orders issued by the Federal Network Agency, the company of the Federal Network Agency has the expenses for these tests , including their outlays for experts. (10) To enforce this Orders can be fixed at up to EUR 500 000 in accordance with the Act on Administrative Enforcement. Unofficial table of contents

Section 128 investigations

(1) The Federal Network Agency may carry out all investigations and collect all the evidence required. (2) For the proof by eye, witnesses and experts are § 372 (1), § § 376, 377, 380 to 387, 390, 395 to 397, 398 para. 1 and the § § 401, 402, 404, 406 to 409, 411 to 414 of the Code of Civil Procedure shall be applied accordingly; detention shall not be imposed. The Oberlandesgericht (Oberlandesgericht) is responsible for the decision on the appeal. (3) The testimony of the witnesses is to be recorded by the mediating member of the Federal Network Agency (Bundesnetzagentur) and, if an official, a official is also to be signed by the same person. The minutes shall be given the place and day of the trial as well as the names of the participants and those involved. (4) The minutes shall be read to the witnesses for approval or to be submitted for their own review. The authorisation granted shall be noted and shall be signed by the persons concerned. (5) In the case of the hearing of experts, paragraphs 3 and 4 shall apply accordingly. (6) The Federal Network Agency may ask the Local Court for the insult of witnesses if they the insult to obtain a truthful statement is deemed necessary. The court decides on the insult. Unofficial table of contents

Section 129 Seizure

(1) The Federal Network Agency may seize objects which may be considered as evidence for the determination of meaning. The seizure shall be notified immediately to the persons concerned. (2) The Federal Network Agency shall, within three days, seek the judicial confirmation of the local court in whose district the seizure has been made, if at the time of the Seizure neither the persons concerned nor adult relatives were present or if the persons concerned and, in the case of their absence, adult relatives of the persons concerned have expressly objected to the seizure. (3) The Persons concerned may at any time be able to seize the seizure Search for a decision. They are to be lecturing on this. The court in charge of the application shall decide on the application. (4) The appeal shall be admissible against the judicial decision. § § 306 to 310 and 311a of the Code of Criminal Procedure apply accordingly. Unofficial table of contents

Section 130 Preliminary orders

The Federal Network Agency may make provisional arrangements until the final decision is taken. Unofficial table of contents

Section 131 Conclude of procedure

(1) Decisions of the Federal Network Agency shall be justified. They shall, on the basis of the justification and an instruction on the legal remedy, be notified to the parties concerned in accordance with the provisions of the Administrative Appointing Act. Decisions taken in relation to a company established outside the scope of this Act shall be notified by the Federal Network Agency to those who have designated the undertaking of the Federal Network Agency as authorised representative of the Federal Network. If the company has not designated a delivery officer, the Federal Network Agency shall issue the decision by means of a notice in the Federal Gazette. (2) Insofar as a procedure is not concluded with a decision which shall be submitted to the parties concerned, the Bundesnetzagentur shall (3) The Bundesnetzagentur may impose the costs of a survey on the parties at its reasonable discretion.

Section 3
Procedure

Subsection 1
Complaints chambers

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Section 132 Decision-making ammersdecisions

(1) The Federal Network Agency shall decide by decision-making chambers in the cases of Part 2, Section 55 (10), § § 61, 62, 77a (1) and (2) and § 81; paragraph 3 sentence 1 shall remain unaffected. The decision shall be taken by means of an administrative act. With the exception of paragraph 3, the chambers of decision-making are formed according to the provisions of the Federal Ministry of Economics and Technology. (2) The decision-making chambers decide in the occupation with a chairperson or a chairperson and two members of the sitting. The chairman and the members who are to be attached must have obtained the qualification for a career of the higher service. At least one member of the decision-making chamber must have the competence to judge. (3) In the cases of § 55 (10), § § 61, 62 and 81, the decision-making chamber decides in the occupation with the President as chairman or the president as The chairman and the two vice-presidents, as members, shall not apply in the second sentence of paragraph 2 and in the second sentence of paragraph 2. The representation in cases of prevention is regulated in the Rules of Procedure in accordance with Section 3 (1) of the Act on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways. The decision in the cases of § 61 (3) (2) and (4) and (§ 81) shall be taken in consultation with the Advisory Board. (4) In order to maintain a uniform practice in cases of comparable or related matters and to ensure the The provisions of the Rules of Procedure of the Federal Network Agency shall be laid down in the Rules of Procedure of the Federal Network Agency in accordance with the provisions of Section 27 (2), which shall be subject to comprehensive voting, information and information requirements of the respective chambers of decision-making and of the departments prior to the adoption of decisions. . As far as decisions of the decision-making chambers pursuant to § § 19, 20, 21, 23, 24, 30, 39, 40, 41 (2) or § 42 (4) sentence 3 are concerned, the Rules of Procedure shall ensure that stipulations in accordance with § § 10 and 11 of the Rules of Procedure by the Presidential Chamber , Unofficial table of contents

Section 133 Other disputes between undertakings

(1) In the context of obligations under this Act or under this law, disputes between undertakings operating public telecommunications networks or providing publicly available telecommunications services shall be disputes between undertakings, or between these and other undertakings which benefit from access or interconnection obligations under this Act or under this Act, the decision-making chamber shall, in so far as it is not otherwise regulated by law, apply on request a party after consulting the parties, a binding decision . It shall decide on the dispute within a period of not more than four months, beginning with the appeal by one of the parties to the dispute. (2) In the event of a dispute in a field covered by this law, it shall be subject to the following conditions: Companies in different Member States, which fall within the competence of national regulatory authorities of more than one Member State, may submit the dispute to the national regulatory authority concerned. Where the dispute falls within the competence of the Bundesnetzagentur, it shall coordinate its actions with the competent national regulatory authorities of the other Member States concerned. The decision-making chamber shall take its decision in consultation with the national regulatory authority concerned within the time limits referred to in paragraph 1. (3) In the event of a dispute referred to in paragraph 2, the Bundesnetzagentur may consult BEREC in an advisory manner. to permanently settle the dispute in accordance with the objectives set out in § 2. It may ask BEREC for an opinion on the measures to be taken in order to settle disputes. If the Federal Network Agency or the competent national regulatory authority of another Member State concerned has asked BEREC for an opinion, the decision-making chamber shall not take its decision before the BEREC opinion is delivered. . § 130 shall remain unaffected by this. (4) § § 126 to 132 and 134 to 137 shall apply accordingly. Unofficial table of contents

Section 134 Introduction, participant

(1) The decision-making chamber shall initiate proceedings either on its own initiative or on request. (2) The proceedings before the decision-making chamber shall be subject to the participation of the decision-making chamber.

1.

the applicant,

2.

the operators of public telecommunications networks and the providers of publicly available telecommunications services against which the procedure is directed,

3.

the persons and associations of persons whose interests are affected by the decision and which the Federal Network Agency has contributed to the proceedings.

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Section 135 Consultation, oral proceedings

(1) The decision-making chamber shall have the opportunity to give an opinion to the parties concerned. (2) The decision-making chamber may, in appropriate cases, give the persons involved in the proceedings in contact with the proceedings to give an opinion. (3) Chamber of appeal decides on the basis of public oral proceedings; with the consent of the parties involved, the decision can be taken without oral proceedings. At the request of a party or on its own motion, the public shall be excluded for the negotiation or for a part thereof if it is a threat to public policy, in particular to the security of the State, or to the risk to a to provide important operational or business secrets. Unofficial table of contents

Section 136 Business or business secrets

Immediately after the submission of documents in the context of the decision-making procedure, all parties concerned shall have to identify those parts which contain operational or trade secrets. In this case, they must also submit a version which, in their view, can be viewed without the disclosure of operational or commercial secrets. If this is not the case, the decision-making chamber may proceed from its consent to the inspection, unless it is aware of particular circumstances which do not justify such a presumption. If the decision-making chamber considers the marking of the documents to be unauthorised as an operational or business secret, it must consult the referring persons before deciding on the granting of inspection to third parties.

Subsection 2
Court proceedings

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Section 137 Legal remedies

(1) objection and action against decisions of the Bundesnetzagentur have no suspensive effect. (2) In the case of § 132, a preliminary proceedings shall not take place. (3) In the case of § 132, the appeal against a judgment and the appeal shall be after the Administrative court order or, according to the Court of Justice Act, ruled against another decision of the Administrative Court. This does not apply to the appeal against the decision pursuant to Section 138 (4), the appeal against the non-authorisation of the revision in accordance with § 135 in conjunction with Section 133 of the Administrative Court order and the appeal against decisions on the legal path after § 17a (2) and (3) of the Law of the Judith. Pursuant to Article 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against the decisions on the legal path shall be applied in accordance with the law. Unofficial table of contents

Section 138 The Federal Network Agency's obligation to submit and provide information

(1) In connection with the submission of documents or files, the transmission of electronic documents or the granting of information (submission of documents) by the Federal Network Agency, § 99 (1) of the Administrative Court of Justice shall apply with the proviso that: that, instead of the right of the supreme supervisory authority to refuse the submission in accordance with Section 99 (1) sentence 2 of the Administrative Court order, the Federal Network Agency shall have the right to identify the documents as requiring secrecy. The Court of First Instance shall inform the parties whose secrecy may be affected by the disclosure of the documents in the main proceedings that the documents have been submitted. (2) The Court of Justice of the main proceedings Decides, at the request of a party which asserts a secrecy interest in the documents submitted, to the extent to which Articles 100 and 108 (1), second sentence, and paragraph 2 of the Administrative Court of Justice are based on the decision in the The main issue is to be applied. The rights of participation in accordance with § § 100 and 108 (1) sentence 2 and paragraph 2 of the administrative court order are to be excluded, provided that, after all circumstances have been weighed down, the interest of the parties to the right of confidentiality is also to be considered by the parties to the law. , taking into account the right to effective legal protection. In this regard, the reasons for the decision in the main proceedings must not be allowed to indicate the nature and content of the documents held in secret. The members of the court are obliged to maintain secrecy. (3) The application referred to in the first sentence of paragraph 2 shall be submitted within one month after the court proceedings of the parties whose secrecy interests are affected by the disclosure of the documents , has been informed of the submission of the documents by the Federal Network Agency. § 100 of the Administrative Court Rules shall not be applied in this procedure. The second sentence of paragraph 2 shall apply mutatily. (4) The appeal against the decision referred to in the first sentence of paragraph 2 shall be lodged with the Federal Administrative Court. The complaint shall be made by the competent review Senate for the main proceedings. The third sentence of the second sentence of paragraph 2 and the second sentence of paragraph 3 shall apply mutatily. Unofficial table of contents

Section 138a Information system on legal remedies

The Federal Network Agency shall collect the following information on the legal remedies available against its decisions:

1.

the number and general content of the appeals,

2.

the duration of the procedures; and

3.

the number of decisions in the provisional legal protection.

It shall make this information available to the Commission and to BEREC on its reasoned request. Unofficial table of contents

Section 139 Participation of the Federal Network Agency in the case of civil litigation

In the case of civil disputes arising from this Act, Section 90 (1) and (2) of the Act against restrictions on competition shall apply accordingly. In such cases, the Federal Cartel Office and its President or its President shall be replaced by the Federal Network Agency and its President or President.

Subsection 3
International tasks

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Section 140 International tasks

(1) In the field of European and international telecommunications policy, in particular in the case of cooperation in European and international institutions and organisations, the Federal Network Agency shall be awarded on behalf of the Federal Ministry for Economic Cooperation and Development (Bundesnetzagentur) for Economy and technology. This does not apply to tasks that the Federal Network Agency exercises under its own jurisdiction under this law or other laws as well as on the basis of regulations of the European Union. (2) The Federal Network Agency shall inform the Federal Ministry of Education and Research for the economy and technology in advance on the main content of planned meetings in European and international bodies. It summares the main findings and conclusions of the meetings and immediately sends them to the Federal Ministry for Economic Affairs and Technology. In the case of tasks which the Federal Network Agency exercises under its own responsibility under the second sentence of paragraph 1, the provisions of sentences 1 and 2 shall not apply in so far as compelling rules require the confidential treatment of information. Unofficial table of contents

Section 141 Recognised Accounting Office for Seefunted Transport

The Federal Network Agency shall be responsible for the recognition of international maritime traffic accounting offices in accordance with the requirements of the International Telecommunication Union within the scope of this Act.

Part 9
Charges

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Section 142 Fees and expositions

(1) The Federal Network Agency charges fees and outlays for the following individual public services:

1.

Decisions on the assignment of a right of use to frequencies according to § 55,

2.

Decisions concerning the assignment of a right of use to numbers pursuant to a legal regulation pursuant to § 66 (4),

3.

the processing of applications for the registration of dialup programs via value-added service numbers,

4.

Individual case-related coordination, notification, transmission and notification of satellite systems in accordance with § 56,

5.

other individually attributable public services, which are closely linked to a decision under points 1 to 4,

6.

measures to be taken on the basis of breaches of this law or the legal regulations based on it;

7.

Decisions relating to the transfer of rights of way pursuant to § 69,

8.

Decisions of the access regulation in accordance with § 18 (1) and (2), § § 19, 20, 21 (2) and (3), § 23 and § § 24 and 25,

9.

Decisions of the fee regulation in accordance with § § 29, 35 (3), § § 38 and 39,

10.

Decisions in the context of the control of abuse in accordance with Section 42 (4),

11.

Decisions on other disputes between companies according to § 133.

Fees and expenses shall also be levied if an application for the receipt of an individually attributable public service referred to in the first sentence

1.

, for reasons other than the lack of competence of the Authority, or

2.

after the commencement of factual processing, but before termination thereof.

(2) The fees referred to in paragraph 1 shall be levied, subject to the rules laid down in paragraph 4, in order to cover the administrative burden. (3) The Federal Ministry of Economics and Technology shall be authorized, in agreement with the Federal Ministry of Finance, to: Legal Regulation, which does not require the consent of the Bundesrat,

1.

to identify the chargeable facts referred to in paragraph 1 and the amount of fees to be charged for this purpose, while also providing for fixed rates in the form of fees, by time or framework,

2.

to order a certain payment method of the fees; and

3.

determine the details of the administrative burden referred to in the second sentence of paragraph 2.

The Federal Ministry of Economics and Technology may transfer the authorization provided for in the first sentence of the first sentence to the Federal Network Agency by means of a decree-law in accordance with the provisions of the regulation. A legal regulation of the Federal Network Agency, its amendment and its repeal require the agreement with the Federal Ministry of Economics and Technology and with the Federal Ministry of Finance. (4) By way of derogation from the first sentence of paragraph 2, the The fee for decisions on the allocation referred to in paragraph 1 (1) and (2) shall be fixed in such a way as to ensure, as a steering purpose, the optimum use and efficient use of these goods in an effective manner. The first and second sentences of paragraph 2 shall not apply where numbers or frequencies of exceptional economic value are awarded by competitive or comparative selection procedures. (5) Legal orders referred to in the first sentence of paragraph 2 may be by way of derogation from the provisions of the Federal Law on Fees:

1.

the extent of the outlays to be reimbured, and

2.

the fee in the cases of withdrawal or the withdrawal of an allotment pursuant to paragraph 1 (1) and (2) or a transfer of rights of way referred to in paragraph 1 (7), provided that the persons concerned are to be represented.

(6) A fixing of fees and charges shall be allowed until the end of the fourth calendar year after the date of the formation of the debt (limitation period of the period of limitation). If a request for cancellation or amendment of the fixing is made before the expiry of the period, the time limit for the fixing of the application shall be halted until such time as the application has been made indisputable. The right to payment of fees and charges shall be barred with the end of the fifth calendar year after the fixing (payment limitation period). In addition, § 13 (3) and § § 18 and 19 of the Federal Law on Fees apply. (7) In the case of the auctioning procedure pursuant to § 61 (4), an allotment fee pursuant to paragraph 1 (1) is only charged to the extent that it is the proceeds of the auctioning procedure (8) Webuild-load carriers may, within their jurisdiction, adopt rules according to which only the administrative costs of covering charges and expenses for the granting of consent under section 68 (3) of this Regulation shall be subject to the can be made public. A lump-sum is permitted. Unofficial table of contents

Section 143 Frequency use contribution

(1) The Federal Network Agency shall make annual contributions to cover its costs for the management, control and enforcement of general and usage rights in the area of frequency and orbital use under this Act or the legal regulations. This includes, in particular, the costs of the Federal Network Agency for:

1.

the planning and updating of spectrum uses, including the necessary measurements, tests and compatibility studies, to ensure efficient and uninterrupted use of spectrum;

2.

international cooperation, harmonisation and standardisation.

(2) The parties to which frequencies are allocated shall be subject. The shares in the costs shall be allocated to the individual user groups resulting from the allocation of frequencies as far as possible in relation to the costs. An obligation to contribute is also provided if a frequency is used on the basis of other administrative acts or permanently without allocation. This applies in particular to the rights granted up to 1 August 1996, in so far as they contain provisions on the use of frequencies. (3) The costs to be deducted under paragraph 1 shall not be included, for which a fee as per § § 142 or a fee in accordance with § 16 of the Law on Funkanlagen and Telecommunication Terminal Equipment of 31 January 2001 (BGBl. 170), or fees or contributions pursuant to § 17 or § 19 of the Law on the electromagnetic compatibility of operating funds of 26 February 2008 (BGBl. 220) and the legal regulations based on these regulations. (4) The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of Finance, by means of a decree law which does not include the The approval of the Bundesrat requires, in accordance with the preceding paragraphs, to determine the details of the county of the contributors, the rates of contributions, the costing of contributions and the procedure for the contribution of the contribution, including the payment method. The share of the costs resulting from the general interest shall be taken into account in a contribution reduction. The Federal Ministry of Economics and Technology may transfer the authorization provided for in the first sentence of the first sentence to the Federal Network Agency by means of a decree-law in accordance with the provisions of the regulation. A legal regulation of the Federal Network Agency, its amendment and its repeal require the agreement with the Federal Ministry for Economic Affairs and Technology and with the Federal Ministry of Finance. Unofficial table of contents

§ 144 (omitted)

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Section 145 Costs of out-of-court dispute settlement procedures

Fees and levies are levied for the out-of-court dispute settlement procedures in accordance with § 47a. The amount of the fee for the proceedings shall be determined in accordance with Section 34 (1) of the Law on Jurisdiction and Law. § § 3 to 9 of the Code of Civil Procedure shall be applied to the determination of the value of the dispute. If the dispute settlement body submits a dispute settlement proposal, it shall decide on the costs in accordance with its reasonable discretion, taking into account the provisions of the dispute and dispute. The decision on the costs should be taken together with the dispute settlement proposal. Each party shall bear the costs incurred by it by participating in the proceedings. In addition, § § 4 to 6, 8, 13 to 19, 21 and 23 (5) sentence 1 and 2 as well as paragraph 6 of the Federal Law on Fees as well as Section 9 (2) of the Administrative Costing Act shall be applicable in the version valid until 14 August 2013. Unofficial table of contents

Section 146 Costs of preliminary proceedings

Fees and levies are levied for a preliminary procedure. A fee shall be charged for the full or partial refusal of an objection up to the amount of the fee fixed for the contested official act. In cases where there is no charge for the contested official act of the Federal Network Agency, the fee shall be determined in accordance with the provisions of Section 34 (1) of the Law on Jurisdiction and Law; § 145, sentence 3 shall apply accordingly. If an appeal is withdrawn after the commencement of its factual processing, but before its termination, the fee shall not exceed 75 per cent of the opposition fee. The office of objection shall decide on the costs in accordance with sentences 2 and 4 at its reasonable discretion. Unofficial table of contents

Section 147 Notification of the Federal Network Agency

The Federal Network Agency shall publish an annual overview of its administrative costs and the total amount of levies taken. As far as necessary, fees and contribution rates are adjusted in the relevant regulations for the future.

Part 10
Criminal and penal rules

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Section 148 Criminal Code

(1) With a custodial sentence of up to two years or a fine, he shall be punished.

1.

Contrary to § 89 sentence 1 or 2, a message is interrogated or the content of a message or the fact of receiving it is communicated to another person, or

2.

Contrary to § 90 (1) sentence 1, a transmission system or other telecommunications system referred to there

a)

or

b)

manufactures, distributes, imports, or otherwise spends them in the scope of this law.

(2) If the offender is negligent in the cases referred to in paragraph 1 (2) (b), the penalty shall be a custodial sentence of up to one year or a fine. Unofficial table of contents

Section 149 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 4, information is not provided, not correct, not complete or not available in time,

2.

Contrary to § 6 (1), a report does not make, not correct, not complete, not in the prescribed manner or not in time,

3.

Contrary to § 17 sentence 2, information is passed on,

4.

a fully-retractable arrangement according to

a)

§ 20 (1), (2) or (3) sentence 1, § 23 (3) sentence 2, § 29 (1) sentence 1 No. 1 or (2) sentence 1 or 2, § 37 (3) sentence 2, also in conjunction with § 38 (4) sentence 4, § 38 (4) sentence 2, also in conjunction with § 39 para. 3 sentence 1 or § 42 para. 4 Sentence 1, also in conjunction with section 18 (2), second sentence,

b)

Section 46 (9), first sentence, § 67 (1) sentence 1, 2, 6 or 7, or § 109 (4) sentence 3 or sentence 5,

c)

§ 29 (1) sentence 2, § 39 (3) sentence 2, § 65 or § 127 (2) sentence 1, point 1, sentence 2 and 3

shall be contrary to

5.

(dropped)

6.

, without authorization pursuant to Article 30 (1), first sentence, second sentence, second sentence, or section 39 (1) sentence 1, charges a fee,

7.

, contrary to § 38 (1) sentence 1 or 3 or § 39 para. 3 sentence 4, a fee or a payment measure is not, not correct, not complete or not in time to be informed,

7a.

a legal regulation pursuant to Section 41a (1) or a enforceable order is contrary to such a decree, in so far as the regulation refers to this fine in the case of a certain amount of the offence;

7b.

, contrary to Section 43a (1) sentence 1, does not provide information, not correct or complete information,

7c.

Contrary to Article 45k (1), first sentence, a service is refused in whole or in part

7d.

a legal regulation pursuant to Section 45n (1) or a enforceable order is contrary to such a decree, in so far as the regulation refers to this fine law for a certain amount of the offence,

7e.

Contrary to § 45p, paragraph 1, sentence 1, even in conjunction with sentence 2, information is not provided, not correct, not complete or not in good time,

7f.

Contrary to Section 45p (2), the participant is not informed, is not fully informed or not fully informed,

7g.

contrary to the first sentence of Article 46 (1), including in conjunction with sentence 3, it does not ensure that the service is not interrupted in the event of a change of provider to the subscriber,

7h.

Contrary to Article 46 (1) sentence 2, the telecommunications service shall be interrupted,

8.

Contrary to § 47 para. 1 participant data is not available, not correct, not complete or not available in time,

9.

Contrary to § 50 para. 3 no. 4, an advertisement is not reimbursed, not correct, not complete or not in good time,

10.

uses a frequency without frequency allocation in accordance with § 55 para. 1 sentence 1,

11.

in the absence of a transfer pursuant to Article 56 (2), first sentence, a German right to use the right to use radio frequencies or frequencies,

12.

a fully-fledgable edition in accordance with § 60 (2) sentence 1,

13.

a legal regulation pursuant to Section 66 (4), first sentence, or a enforceable order is contrary to such a decree, in so far as the regulation refers to this fine law for a certain amount of the offence,

13a.

Contrary to § 66a sentence 1, 2, 5, 6, 7 or 8, an indication is not made, not correct or not complete,

13b.

Contrary to § 66a sentence 3, the price of the price is shorter in time,

13c.

Contrary to § 66a sentence 4, there is no indication, not correct, not complete or not in good time,

13d.

contrary to § 66b (1) sentence 1, also in conjunction with paragraph 1 sentence 4 or 5 or paragraph 3 sentence 1, § 66b (1) sentence 3, also in conjunction with paragraph 1 sentence 4 or 5 or § 66b para. 2 or 3 sentence 2, a price mentioned there is not, not correct, not correct fully or not in time,

13e.

Contrary to § 66c (1) sentence 1, even in connection with the second sentence, the price referred to therein is not displayed correctly, not in full or in time,

13f.

Contrary to section 66d (1) or (2), the price limit referred to in that paragraph shall not be maintained,

13g.

Contrary to § 66e (1) sentence 1, also in conjunction with sentence 2, a connection shall not be separated or shall not be separated in time,

13h.

Contrary to § 66f para. 1 sentence 1, a dialer is employed,

13i.

Contrary to § 66g (1), a holding queue shall be used,

13j.

Contrary to § 66g (2), it does not ensure that the end of the call is informed,

13k.

Contrary to Article 66j, paragraph 1, sentence 2 of the second sentence,

13l.

Contrary to Section 66k (1) sentence 1, it does not ensure that a full telephone number is transmitted and marked,

13m.

, contrary to Article 66k (1) sentence 3, transmit a telephone number or a number for short-dial voice services,

13n.

Contrary to § 66k paragraph 1 sentence 4, an transmitted telephone number is changed,

13o.

, contrary to Article 66k (2), set up or transmit a telephone number or a number for short-dial voice services,

14.

, contrary to § 87 (1) sentence 1 or § 110 (1) sentence 2 or 3, does not make a notice, not correct, not complete or not in time,

15.

, contrary to Article 90 (3), applies to a broadcasting system or other telecommunications system,

16.

shall collect or use data contrary to Article 95 (2) or section 96 (2) or (3) sentence 1,

17.

does not delete or delete data in time, contrary to Section 96 (1) sentence 3 or § 97 (3) sentence 2,

17a.

shall be processed without the consent of the second sentence of section 98 (1) in conjunction with the first sentence,

17b.

Contrary to the second sentence of Article 98 (1), even in conjunction with sentence 5, information is not available, not correct, not complete or not in good time,

17c.

Contrary to Article 102 (2), the telephone number display suppresses or causes them to be suppressed,

18.

does not delete or delete data or documents in time, contrary to the second sentence of Article 106 (2),

19.

the first sentence of Article 108 (1), including in conjunction with paragraph 2, does not ensure that a free-of-charge emergency telephone connection is possible,

19a.

Contrary to Article 108 (1), second sentence, also in conjunction with paragraph 2, or of a legal regulation referred to in the second sentence of paragraph 3, point 2, it does not ensure that an emergency call is established,

20.

in accordance with the third sentence of Article 108 (1), including in conjunction with paragraph 2, or of a decree referred to in the first sentence of paragraph 3, third sentence, not ensuring that the telephone number of the port is transmitted, or transmitting the data referred to therein, or ,

21.

, contrary to Article 109 (4) sentence 2 or sentence 6, a security concept shall not be presented or not presented in due time;

21a.

Contrary to § 109, paragraph 5, sentence 1, a communication does not make it correct, not complete or not in good time,

21b.

Contrary to § 109a (1) sentence 1 or sentence 2, the Federal Network Agency, the Federal Commissioner for Data Protection and the Freedom of Information or a person concerned shall not, not properly, be informed in full or in time,

21c.

Contrary to § 109a (3) sentence 1, the list referred to therein does not lead to, not correct or not complete, the list,

22.

Contrary to Article 110 (1), first sentence, no. 1 or 1a, in conjunction with a legal regulation pursuant to § 110 (2) (1) (a), a technical facility is not held or an organisational measure does not apply,

23.

Contrary to Article 110 (1), first sentence, point (b), point (b) of the first subparagraph shall not, or shall not designate,

24.

, contrary to the first sentence of Article 110 (1) (3), proof is not provided or is not provided in good

25.

Contrary to § 110 (1) sentence 1, no. 4, an examination is not permitted,

26.

Contrary to § 110 (1) sentence 1 no. 5, the establishment or operation of a device referred to therein shall not be condoned or granted access to such a device,

27.

Contrary to § 110 (5) sentence 3, a defect is not or not removed in good time,

28.

, contrary to § 110 (6) sentence 1, does not provide a network termination point, not in the prescribed manner or in a timely manner,

29.

Contrary to § 111 (1) sentence 1, also in connection with sentence 2 or sentence 3, or § 111 para. 1 sentence 4 there, data referred to there not, not correct, not complete or not timely, not correct, not correct, not complete or not in time shall not correct, not correct, correct or not correct in time,

30.

, contrary to Section 111 (2) sentence 1, also in connection with sentence 2, does not collect data or does not collect data in due time or not, not correctly, in full or in time,

30a.

Contrary to § 111 paragraph 4, data shall not be deleted or not deleted in time

31.

Contrary to Section 112 (1) sentence 5, it does not guarantee that the Federal Network Agency can retrieve data from the customer files,

32.

Contrary to Section 112 (1) sentence 6, it does not ensure that it is not possible to obtain information from him,

33.

, contrary to § 113 (2) sentence 1, second half-sentence, data referred to in Article 113 (1) sentence 2,

34.

the data referred to in the first sentence of Article 113 (4) shall not be transmitted, not correct, in full or in good time,

35.

Contrary to the second sentence of Article 113 (4), silence is not kept or

36.

Contrary to Section 114 (1) sentence 1 or § 127 (1) sentence 1, information is not provided, not correct, not complete or not in good time.

(1a) In breach of Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002 /21/EC (OJ L 136, 31.5.2002, p. 32), as amended by Regulation (EC) No 544/2009 (OJ L 344, 28.12.2009, p. 12), by acting intentionally or negligently,

1.

as the operator of a visited network, the operator of the home network of a roaming customer calculates a higher average wholesale charge than the remuneration referred to in the second sentence of Article 3 (2);

2.

as the home provider, to its roaming customer, for the settlement of a regulated roaming call, a higher retail price than the remuneration referred to in the third sentence of Article 4 (2) shall be calculated,

3.

as the operator of a visited network, the operator of the home network of a roaming customer for the settlement of a regulated SMS roaming message originating from the visited network concerned, a higher than the one referred to in Article 4a (1) Wholesale charges are calculated,

4.

as the home provider of a roaming customer, for the settlement of an SMS roaming message sent by the customer, a higher retail price than the remuneration referred to in Article 4b (2) shall be calculated,

5.

as the operator of a visited network, the operator of the home network of a roaming customer for the settlement of regulated data roaming networks via the visited network in question, has a higher average wholesale charge than that referred to in Article 6a (4) (a) the charge referred to in point (a),

6.

, contrary to Article 7 (4), second sentence, information shall not be transmitted, not correct, in full or in good time.

(2) In the cases referred to in points 4 (a), 6, 10, 22, 27 and 31 of paragraph 1, the administrative offence may be subject to a fine of up to five hundred thousand euro, in the cases referred to in points 7a, 16, 17, 17a, 18, 26, 29, 30a and 33 of paragraph 1, with a fine Fines of up to three hundred thousand euro, in the cases referred to in points 4 (b), 7b to 7d, 7g, 7h, 12, 13 to 13b, 13d to 13o, 15, 17c, 19, 19a, 20, 21, 21b and 30 and in paragraph 1a (1) to (5), with a fine, up to One hundred thousand euro, in the cases referred to in paragraph 1, points 7, 8, 9, 11, 17b, 21a, 21c, 23 and 24, with a fine of up to fifty thousand The euro and in the other cases referred to in paragraph 1 and in the case referred to in paragraph 1a (6) shall be punishable by a fine of up to ten thousand euro. The fine is intended to exceed the economic advantage that the perpetrator has pulled out of the administrative offence. If the amounts mentioned in sentence 1 are not sufficient for this purpose, they may be exceeded. (3) The Federal Network Agency shall be the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences.

Part 11
Transitional and final provisions

Unofficial table of contents

Section 150 Transitional provisions

(1) The findings of dominant positions adopted by the Federal Network Agency prior to the entry into force of this Act and the obligations attaching thereto shall remain effective until they are replaced by new decisions in accordance with Part 2. This shall also apply where the findings of dominant positions are merely a component of the rationale of an administrative act. Sentence 1 shall apply in accordance with the obligations imposed by § § 36, 37 and 39 Alternative 2 of the Telecommunications Act of 25 July 1996 (BGBl. 1120). (2) Companies that are based on the Telecommunications Act of 25 July 1996 (BGBl. 1120) have indicated that they are providing telecommunication services or are licensees, without prejudice to the obligation pursuant to § 144 (1) sentence 1, not to be notified according to § 6. (3) Existing frequency and number allocations as well as Weequitable, which is within the scope of § 8 of the Telecommunications Act of 25 July 1996 (BGBl. I p. 1120), remain effective. The same shall apply to previously acquired rights which grant spectrum use. (4) In so far as spectrum use and licensing rights are granted in markets for which competitions or competitions have been conducted, the following shall apply: in order to ensure that rights and commitments have been granted. This also applies in particular to the obligation to allow service providers at the time when the mobile phone licences are issued. (5) Where rights and obligations remain effective or continue to apply in accordance with the provisions of paragraphs 1 to 4, shall apply as rights and obligations under this Act within the meaning of § § 126 and 133. (6) § 48 para. 2 No. 2 shall apply to equipment which shall be placed on the market as from 1 January 2005. (7) Hold on until the entry into force of § 66g only used if one of the following conditions is met:

1.

the call is made to a toll-free telephone number,

2.

the call is made to a location-bound telephone number or a call number which the Federal Network Agency has equated to the location-bound telephone numbers in accordance with Section 66g (3),

3.

call to a mobile telephone number (015, 016 or 017),

4.

the call shall be subject to a fixed price per connection;

5.

the call is free of charge for the caller for the duration of the waiting period, provided that the costs are not incurred in connection with calls from abroad for the production of the connection abroad, or

6.

regardless of the call number used by the called party or the basic tariff classification of the call, at least two minutes of the call setup for the caller are free of charge; the queue will be processed within this time by processing ends, the cost-free ends from the date of the processing.

Contrary to the rules of the European Parliament, the Member States shall be responsible for the implementation of the rules of the European Parliament and of the Council. The administrative offence can be punished with a fine of up to hundreds of thousands of euros. The fine is intended to exceed the economic advantage that the perpetrator has pulled out of the administrative offence. If the amount referred to in the third sentence is not sufficient for this purpose, it may be exceeded. (8) On lending pursuant to § 2 para. 1 of the Law on Telecommunications Systems in the version of the Notice of 3 July 1989 (BGBl. 1455) and on licences or frequencies pursuant to § § 10, 11 and 47 (5) of the Telecommunications Act of 25 July 1996 (BGBl. 1120), § 62 (1) to (3) shall not apply to the period of validity defined in these licences and frequencies. The Federal Network Agency shall, at the request of the holders of rights of use of radio frequencies, be reviewed before 26 May 2011 and shall remain valid for a period of at least five years from that date on whether restrictions on the rights of use, which exceed, maintain or rescind the restrictions referred to in the second sentence of Article 53 (2). Prior to the decision, the applicant shall be given the opportunity to withdraw the application. (9) Deutsche Telekom AG does not intend to fully or worse the universal services referred to in Article 78 (2) than in the case of the Telecommunications Act of 22 June 2004 (BGBl. I p. 1190), it has to be notified to the Federal Network Agency one year before it becomes effective. (9a) (omitted) (10) For contractual relationships already existing on the date of entry into force of this provision, the person referred to in § 112 1. It shall be immediately transferred to the customer data file pursuant to section 112 (1) of the Customer Data Collection. For contracts concluded after the entry into force of § 112, the data, insofar as they cannot yet be entered into the customer data file as a result of the previous file structure, shall be immediately adjusted after the customer file has been adjusted. The Federal Network Agency, on the basis of Section 90 (2) and (6) of the Telecommunications Act of 25 July 1996 (BGBl), replaces the Technical Directive in accordance with Section 112 (3) sentence 3 until a corresponding directive has been issued. 11). (11) The admissibility of the appeal against a court decision is governed by the rules in force so far, if the court decision has been promulgated before the entry into force of this law or has been notified of its own motion in lieu of a proclamation. (12) Applications submitted before the entry into force of this law pursuant to Section 99 (2) of the Law The administrative court order is applicable to the previous rules. Unofficial table of contents

Section 151

- Unofficial table of contents

Section 152 Entry into force, external force

(1) This Act shall enter into force, subject to the provisions of the second sentence, on the day following the date of delivery. § § 43a and 43b, 96 (1) no. 9a to 9f in conjunction with Section 2 sentence 1 and § 97 (6) and (7) of the Telecommunications Act of 25 July 1996 (BGBl. 1120), as last amended by Article 4 (73) of the Law of 5 May 2004 (BGBl). 718), which is in force until the entry into force of this Act, until the entry into force of the provisions of Article 3 (3) of the Law amending Telecommunications Law of 18 February 2007 (BGBl I). 106) of § § 66a to 66l. This applies to § 43b (2) with the proviso that, as from 1 August 2004, the obligation to sanction the prices is no longer limited to calls from the fixed network. (2) (repeal rules) Unofficial table of contents

Annex (to § 45a)

(Fundstelle: BGBl. I 2007 I 121)

  
 Usage Contract 
  
of the 
.............................................................................. 
 (Own//Eigentümerin) 
  
with 
  
the 
.............................................................................. 
 (network operator) 
  
The owner/owner agrees that the network operator 
on his/her property 
.............................................................................. 
  
Street (place) No.  ........................................................... 
  
in ........................................................................... 

  

as well as on and in the buildings situated thereon, all the devices necessary for access to its public telecommunications network on the land concerned or on an adjacent land and in the premises on which it is located. To establish, examine and maintain buildings. This right also extends to pre-installed house cabling. The use of the land by means of devices may only lead to a necessary and reasonable burden.
Without prejudice to existing legal or contractual claims, the network operator undertakes to restore the property of the owner/owner and the buildings located on it, as far as the property is located and/or the buildings by means of the equipment for the establishment, maintenance or extension of access to its public telecommunications network on the relevant or adjacent property and/or in the buildings situated thereon have been damaged as a result of the use by the network operator . Within the scope of the technical possibilities and the existing safety requirements, the network operator will use pre-installed house cabling. The system operator shall move the devices it has built up or, in so far as it does not supply the land and is not sufficient to transfer it, if it precludes any change in the use of the land and its whereabout to the previous position is no longer reasonable. The network operator shall bear the costs of removal or transfer. This does not apply to devices which supply only the property if changes to the public telecommunications network are not required at the same time.
In addition, the network operator shall, within the year after termination of the notice, remove the equipment he/she has installed at his own expense, insofar as this is reasonable for the owner/owner. At the request of the owner/owner, the network operator will immediately remove the devices, in so far as the non-legitimate interests of third parties are in conflict.
The contract of use shall be valid for an indefinite period. It may be terminated by any Contracting Party with a period of six weeks.
............................, the .........................................................