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MIL OSI Translation. Region: Germany / Deutschland –

Source: Federal Ministry for Economic Affairs and Energy

11/11/2020 – Legislative process – Network policy


The law implements the European Code for Electronic Communications (EU Directive 2018/1972) that came into force on December 20, 2018. This paves the way for a modernized telecommunications legal framework in numerous central subject areas for the next few years, such as In market regulation, frequency policy, the protection of end users, the institutional structure and universal service. Objectives of the proposed law With this comprehensive amendment to the Telecommunications Act, a regulatory framework is to be created that provides important impetus for a faster and comprehensive expansion of gigabit networks. It’s about setting targeted incentives for investments and innovations and promoting the market-driven expansion of the digital infrastructure. In order to ensure economic and social participation, a legally secured right to the supply of telecommunications services is created for all citizens. The actual implementation of construction measures for the expansion of gigabit networks is to be accelerated, among other things, by simplifying approval procedures. Important innovations also concern the extensive harmonization of consumer protection at a high level. The area of ​​frequency regulation is being modernized and framework conditions are being created for the rapid expansion of high-performance mobile communications networks. Status of the proceedings The Federal Government has not yet reached agreement on several issues and there is still a clear need for discussion and adjustment. This applies, for example, to the following points: It can therefore be assumed that in the course of the ministerial coordination – possibly also significant – material changes to the draft discussion will also take place in parts that are not listed: Regulations in connection with rental / lease agreements, including the ability to pay broadband connections Examination of whether a differentiation between infrastructure fee and service content would be appropriate) Contract periods Scope of the information and transparency obligations of providers Scope of the universal service obligation Right to fast Internet change provider System-compatible design of the compensation regulations in the event of disruptions in the telecommunications service, missed customer service / installation appointments and problems when changing provider The design of the powers of the 10 security authorities , also the group of addressees of TKG – Tel. which has been expanded by changing the term “telecommunications service” ekommunikationsmodernisierungsgesetz – regulations on public safety the design of the fine regulations It is also checked whether in § 2 TKG a consideration of the concerns of public safety (especially in the area of ​​BOS) is included as a regulatory objective. There is still a need for coordination within the federal government, as this important regulatory objective will be reflected in part 6 of the TKG. Submission of comments Comments on the draft discussion can be submitted until November 20, 2020. Please send your comments exclusively by email to the tkg mailbox and The incoming comments are intended for publication on the websites of the Federal Ministry for Economic Affairs and Energy and the Federal Ministry for Transport and Digital Infrastructure. We ask you to notify us accordingly if you do not agree to a publication or to send us a version that has been cleared of trade and business secrets.


EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

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