Status of the Federal Network Agency

The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway is a separate higher federal authority within the scope of business of the German Federal Ministry of Economics and Technology, and has its headquarters in Bonn. On 13 July 2005 the Regulatory Authority for Telecommunications and Posts which superseded the Federal Ministry of Posts and Telecommunications (BMPT) and the Federal Office for Posts and Telecommunications (BAPT), was renamed Federal Network Agency. Moreover, it acts as the root certification authority as provided for by the Electronic Signatures Act.

The Federal Network Agency's task is to provide, by liberalisation and deregulation, for the further development of the electricity, gas, telecommunications and postal markets and, as from 1 January 2006, also of the railway infrastructure market. For the purpose of implementing the aims of regulation, the Agency has effective procedures and instruments at its disposal including also rights of information and investigation as well as the right to impose graded sanctions.

  • The Federal Network Agency's decisions in the fields of electricity, gas, telecommunications and post are made by its Ruling Chambers.
  • The undertakings directly concerned may participate in the Ruling Chamber proceedings.
  • The business circles affected by the proceedings may be summoned.
  • The Federal Network Agency's decisions are based on the Telecommunications Act, the Postal Act and the Energy Act and can be challenged before court.
  • In case of a legal dispute neither the Regulatory Authority nor the German Federal Ministry of Economics and Technology (BMWi) can quash the decision made by the Ruling Chambers. In contrast to the provisions of the Act Against Restraints of Competition (GWB) a so-called ministerial decision is not foreseen.
  • The rulings by the Ruling Chambers on telecommunications and postal matters may be challenged directly before the Administrative Courts, and before the Civil Courts if energy matters are concerned. An appeal procedure is not foreseen. Proceedings on the main issue do not have a staying effect.

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