As a result of Article 3(2) of the Authorisation Directive (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) activities hitherto requiring a licence under section 6 of the Telecommunications Act of 25 July 1996 (Federal Law Gazette Part I p 1120) – hereafter referred to as the 1996 TKG – no longer need special authorisation from the regulatory authority (with effect from 25 July 2003). This arrangement was transposed into national law with the entry into force of the Telecommunications Act (TKG) of 22 June 2004.

Frequency assignments and rights of way granted under section 8 of the 1996 TKG continue to be valid under section 150(3) of the new TKG. The rights of way refer only to areas for which a Class 1, 2 or 3 licence has been granted. Only the current holders of these licences are authorised to use the rights of way. With the entry into force of the new TKG licence transfer is no longer possible.

The above licence obligation has now been replaced by a general authorisation under the Authorisation Directive referred to above. Section 6 of the TKG requires notification of the operation of public telecommunications networks and of the provision of publicly available telecommunications services for commercial purposes to be made without delay (see Notification Requirement).

Upon request, the regulatory authority will confirm, within a week, that the section 6(2) notification is complete and certify that the undertaking has the rights granted by or under the TKG. Thus this certification takes the place of the former telecommunications licence.

The right to use public ways is not covered by notification. These rights can still be transferred, upon application, under section 69 of the TKG.

Please note that awarding services with reference to possession of a licence may (as licences are no longer granted) mean unfair discrimination under competition rules.

Under section 69(1) of the TKG the Federation will, upon written application, transfer to operators of public telecommunications networks its right to use trafficways (public ways, squares, bridges and public waters) free of charge for telecommunications lines serving public purposes. The requirements for the transfer of rights of way under section 69(1) of the TKG are set forth in Official Gazette Communication 237/2004 (cf application procedure).

The transfer of rights of way is restricted to the area referred to in the following list:

The rights of way granted in the former Class 1, 2 and 3 licences that remain valid refer only to licensed coverage areas/licence areas.

• Licence Class 1: Operation of transmission lines for mobile radio services for the public by the licensee or other parties (Mobile Radio Licence).
• Licence Class 2: Operation of transmission lines for satellite services for the public by the licensee or other parties (Satellite Licence).
• Licence Class 3: Operation of transmission lines for telecommunications services for the public whose offer is not covered by Licence Classes 1 or 2, by the licensee or other parties.

• Holders of rights of way are obliged to notify the Federal Network Agency without delay of any changes in their business headquarters, name and legal status and any other register entries.
• Rights of way may not be leased or transferred.
• Attention is called to the obligations set forth in sections 70 to 76 of the TKG (Chapter III "Rights of Way").
• Particular attention is drawn to the notification requirement in section 6 of the TKG. Any person operating a public telecommunications network on a profit basis or providing a publicly available telecommunications service on a profit basis must notify the Federal Network Agency without delay of beginning to provide, of providing with differences or of ceasing to provide his activity and of any changes in his undertaking. This notification requires written form.