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New Markets

The Federal Network Agency's interpretation guide to section 9a of the Telecommunications Act (TKG)

Sections 9a and 3 para 12b of the Telecommunications Act (TKG) took effect on 24 February 2007 following publication of the Telecommunications Legislation Amendment Act (Official Gazette I No 5 2007 of 23 February 2007, page 106ff). Arrangements for new markets are thus included in the TKG for the first time.

In its Official Gazette of 22 February 2006 the Federal Network Agency opened a consultation on the identification of new markets in telecommunications and their regulatory treatment (Communication No 79 of 22 February 2006, page 703). Altogether, 35 responses were received. The Agency's aim was to focus the debate, to tighten up the term "new market" and to explore regulatory approaches.

To secure transparency and a sound planning basis for the market in respect of its decisions on new markets, the Agency has drawn up an interpretation guide based on the text of the law, materials relating to the law, competition law and the findings of the consultation. The guide is designed to help create a common understanding of the issues involved.

The guide gives an abstract account of how the Agency intends to interpret the provisions that are relevant to decisions in connection with new markets. As the name says, it is a guide, and not a set of administrative rules that restrict the Agency's scope of discretion and that are binding on its future decisions. Given the complexity of the legal, economic and technical issues, advance assessments of individual cases cannot be made. Ultimately, definitive principles will emerge only in practice, from how the law is actually applied in the given instance. That said, the following considerations do provide a basis on which future decisions may be reached.

Interpretation guide (pdf/128 KB)

Text of the hearing (pdf/27 KB)

Comments

Arcor AG & Co. KG, Eschborn (pdf/156 KB)

Prof. Dr. Charles B. Blankart, Humboldt-Universität zu Berlin (pdf/82 KB)

BREKO - Bundesverband Breitbandkommunikation e.V., Bonn (pdf/384 KB)

Bundeskartellamt, Bonn (pdf/108 KB)

Bundesverband der Deutschen Industrie - BDI, Berlin (pdf/154 KB)

Cable & Wireless, Frankfurt a.M. (pdf/324 KB)

COLT Telecom GmbH, Frankfurt a.M. (pdf/112 KB)

COMMUNICATION SERVICES TELE2 GMBH, Düsseldorf (pdf/94 KB)

Deutsche Telekom AG, Bonn (pdf/126 KB)