Consultation on principles of open network access in assisted areas
Date of issue 2022.12.07
The Bundesnetzagentur today opened a consultation on the type, scope and conditions of general principles of open network access in assisted areas.
"We want customers who are using infrastructure that was financed with tax revenue to be able to choose between various providers, levels of quality and prices,"
said Klaus Müller, Bundesnetzagentur President.
Principles of open network access for subsidised broadband rollout
The principles should provide investment certainty for telecommunications companies investing in infrastructure development while at the same time identifying the possibilities and limits of open network access in publicly funded broadband rollout for those companies seeking infrastructure access.
State aid can be used under certain conditions in areas where broadband rollout is not economical for telecommunications companies. There are, for example, federal and state funding programmes for this purpose. Public funding has long been linked to the requirement that competitors are provided access to infrastructure that was built with public funding.
This means that products must be made available to companies seeking access so that they can create and develop their own broadband services for end-users. The aim is to prevent regional monopolies and enable competition on the infrastructure by giving end-users a choice between various providers, levels of quality and prices, the same as is available in areas that are developed with private sector funding.
Deadline for comments
The Bundesnetzagentur will publish the principles in consensus with the Federal Ministry for Digital and Transport (BMDV) and the Federal Ministry for Economic Affairs and Climate Action (BMWK). For this purpose the Bundesnetzagentur is today initiating a discussion process with the market players and presenting the draft of these principles for consultation.
All stakeholders are invited to submit written comments on the draft. The draft of the principles plus additional information on the procedure are available on the Bundesnetzagentur website at www.bundesnetzagentur.de/grundsaetze_open_access_foerdergebiete.
Comments may be submitted until 31 January 2023.