Ex­am­i­na­tion of fre­quen­cies dis­tri­bu­tion

Ruling Chamber 1 (the President's Chamber) has on its own initiative opened administrative proceedings concerning the examination required under Art. 1(2) of Directive 2009/114/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (OJ EU No L 274 of 20 October 2009, p 25).

Pursuant to Art. 1(2) of the above Directive Member States are to examine, when implementing the Directive, whether the existing assignment of the 900 MHz band to the competing mobile operators in their territory is likely to distort competition in the mobile markets concerned and, where justified and proportionate, to address such distortions.

Parties to the proceedings:

1. Telekom Deutschland GmbH, Landgrabenweg 151, 53227 Bonn, legally represented by its management,
2. Vodafone D2 GmbH, Am Seestern 1, 40547 Düsseldorf, legally represented by its management,
3. E-Plus Mobilfunk GmbH & Co. KG, E-Plus-Straße 1, 40472 Düsseldorf, legally represented by its management,
4. Telefónica Germany GmbH & Co. oHG, Georg-Brauchle-Ring 23-25, 80992 München, legally represented by its management.

The draft decision presented for public consultation has been revised taking account of the comments submitted. No major modifications had to be made to the decision or its rationale since neither new facts nor any relevant new legal submissions have been presented.

As a result, Ruling Chamber 1 took the following decision on 21 November 2011:

• The Bundesnetzagentur will not withdraw rights of the Parties to use radio frequencies in the 880 MHz to 915 MHz and 925 MHz to 960 MHz bands for redistribution purposes.
• The proceedings arising from the application made by Party 3 on 22 September 2006 will be continued separately under file number BK 1-11/004.

Determination - TRANSLATION (pdf / 276 KB)