Responsibility for frequencies for telecommunications

The BMLRT is responsible for frequency management. Allocation is dependent on the stipulation in an ordinance (in the frequency usage plan) according to TKG 2021. This stipulates that certain frequency ranges (harmonized ECS frequencies for mobile communications and broadband) are left to the TKK for administration. RTR, in turn, determines whether the frequencies made available to the TKK are "limited in number". The term "limited in number" means that these frequencies are to be allocated by the TKK in a selection process (e.g. auction). If the frequencies are not "limited in number", the allocation takes place in an allocation procedure ("first come, first serve"). In both cases, the assignment holder also needs an additional operating license from the Fernmeldebüro (telecommunications office).
The above-mentioned ordinance according to TKG 2021 has not yet been issued, so the Frequency Usage Ordinance 2013 (FNV 2013, Federal Law Gazette II 63/2014 as amended by Federal Law Gazette II 390/2016) continues to apply. This defines the following "limited in number" frequency ranges:

  • 451,300-455.750/461,300-465,740 MHz (450 MHz band) Mobile communications
  • 703-733/758-788 MHz (700 MHz band) Terrestrial systems capable of providing  electronic communications services
  • 791-821/832-862 MHz (800 MHz band) Terrestrial systems capable of providing  electronic communications services
  • 880-915/925-960 MHz (900 MHz band) Terrestrial systems capable of providing European electronic communications services
  • 1427-1518 MHz  (1500 MHz band incl extension bands) Terrestrial systems capable of providing European electronic communications services
  • 1710-1785/1805-1880 MHz (1800 MHz) Terrestrial systems capable of providing European electronic communications services
  • 1920-1980/2110-2170 MHz (2100 MHz band) Terrestrial systems capable of providing  electronic communications services
  • 2500-2690 MHz (2500 MHz) Terrestrial systems capable of providing European electronic communications services
  • 3410-3600 MHz Terrestrial systems capable of providing  electronic communications service
  • 3600-3800 MHz Terrestrial systems capable of providing  electronic communications service
Frequency trading

In accordance with Section 20 TKG 2021, holders of frequency usage rights have the option of transferring frequencies to third parties. However, the transfer requires the prior approval of the TKK.

TKK is required to publish the application and its decision to approve or reject the transfer of frequency usage rights.

Decisions in this regard have to consider technical and competition effects of the transfer.

Changes in frequency allocations

On the basis of Art. 21 TKG 2021, frequency allocation holders also have the right to petition the regulatory authority for changes in their frequency allocations. When making decisions in this regard, the regulatory authority must consider the technical effects of the changes as well as their effects on competition.

European Spectrum decisions

See Overview by European Commission.

Opinions/Reports by Radio Spectrum Policy Group (RSPG)

See Overview RSPG.