The BMF 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).
In the Frequency Usage Ordinance 2013 (FNV 2013, Federal Law Gazette II 63/2014 as amended by Federal Law Gazette II 61/2023) the following frequency range has been declared as "limited in numbers":
Further frequency ranges have been designated as ECS-bands in the Frequency Usage Ordinance 2013 and thus left to be managed by the regulatory authority. RTR has stipluated by ordinance (ZaBE-V 2023, BGBl II 138/2023) that the following bands are "limited in numbers":
The above ordinance also stipulated that the following ECS band is not "limited in numbers":
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.