Electronic Communications Services
Spectrum for wireless access for the provision of telecommunications services
Ongoing proceedings
The Bundesnetzagentur is re-launching the 5G spectrum award proceedings and is carrying out an initial written consultation on the further steps.
A new decision is to be made on the rules for the award of the spectrum at 2 GHz and 3.6 GHz. This is necessary due to the Federal Administrative Court’s decision to dismiss the Bundesnetzagentur’s complaints against the refusal to grant leave to appeal on points of law against the decisions made by Cologne Administrative Court in 2024 on the 5G spectrum award decision. Cologne Administrative Court had ruled that the Bundesnetzagentur’s 5G decision issued in 2018 on the award conditions and auction rules was not lawful. It had also required the Bundesnetzagentur to issue a new decision. The decisions made by Cologne Administrative Court are now final and absolute.
The current frequency assignments will remain valid until they are either amended or revoked and re-issued under a new decision by the Bundesnetzagentur. The Federal Administrative Court’s decision therefore does not have any negative consequences for mobile customers.
The Bundesnetzagentur’s consultation is now the first step in the re-launched 5G proceedings. The Bundesnetzagentur’s objective is to create clarity as soon as possible about the further course of the proceedings.
Stakeholders have the opportunity until 12 January 2026 to take part in the consultation and present their interests.