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:
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.
Decisions in this regard have to consider technical and competition effects of the transfer.
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
Opinions/Reports by Radio Spectrum Policy Group (RSPG)
See Overview RSPG.