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Germany
Germany
Institutional details 2013
Name of Authority
Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway [Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen]
Year created 1998
Legal document that created the authority
Telecommunications Act of 25 July 1996
Reports to Report to Legislature/Parliament & Other: Annual Report [to the interested public; the reporting to Legislature is made by the bi-annual Activity Report (cf. Sections 121 and 122 of the Telecommunications Act)].
Does the Regulatory Authority also regulate other public utilities (e.g. electricity, gas, etc.)?
n/a
Is the Regulatory Authority autonomous in its decision making?
Yes
Who approves the budget of the Regulator?
n/a
Indicate the percentage of budget financed from each source:
Government appropriation; ; percentage: 59.2 % Numbering fees; ; percentage: 0.5 % Spectrum fees; ; percentage: 27.1 % Fines/penalties; ; percentage: 0.5 % Other; ; Source: Amateur radio, digital signature, radio equipment and telecommunications terminal equipment, operator’s certificate in the aeronautical mobile service, measurements for third parties (i. e. environmental impact measurements, Leeheim Satellite Monitoring station), post (postal licenses), energy and railway, other sources ; ; percentage: 12.7 %
Structure of the Regulator 2013
Name of the Head of the Regulatory Authority:
Jochen Homann (President)
Is it a collegial body? No
Total number of members n/a
Is the Head of the commission also responsible for day to day administrative matters? n/a
Who appoints the Members/Head?
President of the Federal Republic of Germany on nomination by the Federal Government upon proposal of the Advisory Council.
Period of appointment (years): n/a
Total number of staff in the Regulatory Authority: 2745
Regulatory Functions 2013
NR Licensing
No license requirement, only notification
R Interconnection rates
R Price Regulation
M R NR Technical standards settings
The Federal Network Agency collaborates on standards with industry in standardisation bodies.
M Radio frequency allocation
R Spectrum monitoring and enforcement
M Om R Numbering
Principles: exclusive jurisdiction of the Federal Government and the Legislative bodies; Implementation: exclusive jurisdiction of the Federal Network Agency.
Om NR Type approval
Some type approval regimes remain in areas not covered by the R&TTE-Directive (aeronautical and naval equipment).
R Op Service quality monitoring
The Federal Network Agency may require providers to publish information on the technical characteristics of their services at their own cost.
R Universal Service
R NR Quality of service standards
In the case of sentence 1 (“The Federal Network Agency may require providers to publish information on the technical characteristics of their services at their own cost.”) , the Federal Network Agency may specify the measures and procedures to be applied in establishing the data for publication.
R NR Enforcement of quality of service obligations
The Federal Network Agency may require providers to publish information on the technical characteristics of their services at their own cost. The Federal Network Agency may publish in its Official Gazette or post on its website any kind of information of importance for end users. Other legal provisions, namely on the protection of personal data and on press law, remain unaffected.
Om R Broadcasting
Basic responsibilities of the Länder (federal states); the Federal Network Agency is responsible for assigning broadcasting frequencies in consultation with the respective federal state authority in charge of broadcasting regulations, EMC issues for cable TV (CATV), interoperability issues for TV-sets, interoperability issues for transmission digital television signals, regulatory issues for conditional access systems, drafting of interface specifications for broadcasting transmitters and is involved in developing process of DVB-standards.
Om Broadcasting content
Broadcasting issues, in particular as regards content, are in the jurisdiction of the Länder (federal states). The Länder are responsible for broadcasting legislation. So that nation-wide broadcasting is not subject to 16 different sets of laws, the Länder have agreed on uniform nation-wide legal principles in interstate agreements. These are the Interstate Agreement on Broadcasting, interstate agreements on individual public-law broadcasting institutes, which embrace all or several of the Länder, the financing of broadcasting, broadcasting fees and the protection of young people regarding the media. Also, the Länder have media acts regulating the provision of private broadcasting, its transmission and the assignment of transmission capacities.
M Om R NR Information technology
There is no single entity responsible for information technology. Issues related to ITU CS 1210, including security issues, are under the responsibility of the Federal Government, in particular the Sector Ministry and the Federal Network Agency. Furthermore and insofar as being state tasks it applies as follows: IT promotion and IT industry development for which the sector’s industry is responsible is supported by the Federal Government, in particular the Sector Ministry and the Federal Ministry of Education and Research; the Initiative Deutschland 21, the largest private-public partnership in Germany, plays an important role. E-Government issues are in the responsibility of the Federal Government, too, i.e. the Federal Ministry of the Interior and the Sector. IT security is in the responsibility of the Sector as well as the Federal Ministry of the Interior and the Federal Office for Information Security (BSI; www.bsi.de/english/index.htm). The Federal Network Agency is the competent authority in accordance with Section 3 of the SigG 2001 (Law Governing Framework Conditions for Electronic Signatures.
Om NR Internet content
There is no specific, single entity responsible for Internet content. All general laws and regulations governing the "off-line" sector are applicable to Internet content, too. In consequence, all bodies and authorities in charge of implementing such general laws and regulations are entities responsible for Internet content. Examples: the criminal prosecution authorities and the criminal courts, in charge of the Penal Code (Strafgesetzbuch), with regard to crimes committed by making available Internet content; the civil courts, in charge of the Copyright Act (Urheberrechtsgesetz), with regard to violations of copyrights by making available Internet content. The competent authorities are entirely of the Länder (federal states), who are as well competent for most content regulation. This concerns specially the protection of minors, which is ruled by the Interstate Agreement on the protection of minors in media [which means broadcasting and internet services; (Jugendmedienschutz-Staatsvertrag)]. This new regulatory approach, that was enacted in 2003, is the legal basis of the Commission for the protection of minors in media (Kommission für Jugendmedienschutz – KJM). The KJM has a look on technologies suitable to filter out dangerous content and self regulatory bodies and can be seen as some sort of regulatory authority for the protection of minors. Furthermore there is still the federal authority, that indicates contents that are seen as harmful to minors (Bundesprüfstelle für jugendgefährdende Medien – BPjM). Indication by the BPjM means, that these contents can legally only be traded to adults (cf. http://www.bundespruefstelle.de). Furthermore, there is self-regulation by some market players.
Key: M - Sector Ministry
R - Regulatory Authority
Om - Other Ministry or Government body
Op - Operator
O - Other
NR - Not regulated
Recent Legislation 2013
YearLegislation
2009 NotrufV (Ordinance on Emergency Calls)
Issued on 6 March 2009.
2009 NotrufV (Ordinance on Emergency Calls)
Issued on 6 March 2009.
2008 FlugfunkV (Ordinance concerning Operator's Certificate in the Aeronautical Mobile Service)
Ordinance of 31 March 2009
2007 ElGVG (Electronic Commerce Unification Act)
Constitution of the TMG in its Article 1, transposing Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce; OJ L 178, 17.7.2000, p. 1) and Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies (OJ L 221, 4.9.2003, p. 13), respecting the obligations resulting from Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p. 37), amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ L 217, 5. 8. 1998, p. 18).
2007 TKG-ÄnderungsG (Telecommunications Provisions Amending Act)
Amendment of the TKG; provisions on new markets, and on consumer protection (Article 2) repealing the Telecommunications Customer Protection Ordinance (TKV) as of 24 February 2007; provisions on numbering (Article 3; price displaying and announcements, price caps, call disconnection, diallers and information rights for consumers for a wide variety of services (premium rate, short code etc.); specific provisions are no longer tied to certain number ranges but to specific services like premium rate services, shared cost services, information services, short code services, tele-voting services and innovative services) entering into force on 1 September 2007.
2007 TKGebV (Telecommunications Fees and Expenses Ordinance)
Issued under the TKG [Sec. 142(2), (6) and (7)], the Administrative Cost Act and the TKGÜbertrV.
2007 TMG (Telemedia Act)
This Act is constituted by Article 1 of the ElGVG of 26 February 2007; scope: information and communication services being neither telecommunications services under the TKG (Sec. 3 subpara. 24) though consisting totally in the transmission of signals over telecommunications networks, nor telecommunications supported services under the TKG (Sec. 3 subpara. 24), nor broadcasting under the RStV (Sec. 2).
2006 TR TKÜ (Telecommunications Intercepts Technical Directive)
Issued under the TKG [Sec. 110(3)] and the TKÜV [Sec. 11], respecting the obligations resulting from Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p. 37), amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ L 217, 5. 8. 1998, p. 18); scope: description of technical details of implementation (full record of intercepts; configuration of the point of to the authorised bodies); subject to review.
2005 AFuV (Amateur Radio Ordinance)
Issued under the AFuG 1997 [Sec. 3(2) and Sec. 4(1)].
2005 BNetzA-G (Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway Act)
This Act is constituted by Article 2 of the Act of 7 July 2005 (2nd Energy Statutes Reorganisation Act).

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