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Advisory Council

Section 5(1) of the Bundesnetzagentur Act provides for an Advisory Council to be set up at the Federal Network Agency, consisting of 16 members of the German Bundestag and 16 representatives of the German Bundesrat; the Bundesrat representatives must be members or political representatives of the government of a federal state. The members and deputy members of the Advisory Council are appointed by the federal government upon the proposal of the German Bundestag and the German Bundesrat.

The Council, which should meet at least once a quarter, has the following responsibilities –

  1. under section 3(3) of the Federal Network Agency Act
    making proposals to the federal government concerning the appointment of the President and the two Vice Presidents of the Federal Network Agency;
  2. under section 60 of the Energy Act
    advising the Federal Network Agency in drawing up the reports referred to in section 63 subsections (3) to (5) of the Energy Act. It is entitled to obtain information and comments from the Agency. The Agency thus has a duty to provide information;
  3. under section 120 para 2 of the Telecommunications Act
    participating in Agency decisions in the cases specified in section 61(4) paras 2 and 4 and section 81. Accordingly, the Advisory Council is to be consulted

    in spectrum award proceedings, in determining the relevant product and geographic market, in determining the frequency usage conditions, including the degree of coverage with the frequency usage and the time required to achieve this degree of coverage in imposing universal service obligations;


  4. under section 120 para 3 of the Telecommunications Act
    entitlement to request measures with which to implement the aims of regulation and to secure universal service. The Agency must decide on such requests within a period of six weeks;
  5. under section 120 para 4 of the Telecommunications Act
    entitlement to obtain information and comments from the Agency. The Agency thus has a duty to provide the Council with information;
  6. under section 120 para 5 of the Telecommunications Act
    advising the Agency in drawing up the Strategic Plan according to section 122(2) and, in particular, making policy decisions of market relevance;
  7. under section 120 para 6 of the Telecommunications Act
    being consulted when the Frequency Usage Plan according to section 54 is drawn up.