Notification requirement
Information on the notification requirement for telecommunications service providers
Legal basis
Section 6 of the Telecommunications Act (TKG) of 22 June 2004
Notification Requirement
1) Any person operating a public telecommunications network on a profit-oriented basis or providing a publicly available telecommunications service on a profit-oriented basis shall notify the Regulatory Authority without undue delay of beginning to provide, of providing with differences or of ceasing to provide his activity and of any changes in his undertaking. Such notification requires written form.
(2) The notification shall include the information required to identify the operator or provider according to subsection(1), in particular the company register number, the address, a short description of the network or service being provided and the date on which provision of the activity is due to begin. The notification is to be made on a form prescribed and published by the Regulatory Authority.
(3) Upon request, the Regulatory Authority shall within a period of one week confirm that the notification according to subsection (2) is complete and certify that the undertaking has the rights granted by or under this Act.
(4) The Regulatory Authority shall at regular intervals publish a list of notified undertakings.
(5) Where it is clear that the activity has ceased and the Regulatory Authority has not been notified in writing of such cessation within a period of six months, the Regulatory Authority may establish ex officio that the activity has ceased to be provided.
Note:
- "On a profit-oriented basis" here means every publicly available activity offered with the intention at least of cost recovery. "Publicly available" refers to any non-defined group of persons.
- No check is made of the content of an offer (telecoms services); nor does compliance with the provisions mean that the provider has been given a stamp of approval.
- As regards proof of identity, we require from sole traders and companies under private law evidence of entry in the trades register (business registration) and handicrafts register, if appropriate, and a copy of your identity card (front and back page). For companies under private law, we also require a copy of the company agreement.
- For foreign companies we need, besides the company address, the name of a person who is authorised to take delivery and who has an address for summons in Germany.
Responsibility
Responsible for registering providers giving notification of their telecoms services under section 6 of the TKG is Section 513, whose address is given below:
Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen
Referat 513-7
Liselotte-Hermann-Str. 20a
09127 Chemnitz
Procedure
The notification should be submitted in German. The special notification form (German) is available to download in PDF or Word 2000 format.
Click here to download Acrobat Reader for the PDF file.
See also the explanatory notes on the German pages.