Use of pub­lic ways

• Transfer of rights of way
• Submitting an application
• Information for authorities
• List of holders of rights of way

Transfer of rights of way

In accordance with section 125(2) TKG, the Federation, upon application, transfers to the operators or owners of public telecommunications networks or telecommunications lines serving public purposes its right to use trafficways (public ways, squares, bridges, tunnels and public waters) free of charge for telecommunications lines serving public purposes. According to the explanatory notes on the TKG, this also applies to the installation of conduit systems that are to be used for public telecommunications networks.

Under section 127(1) TKG, the installation or modification of telecommunications lines requires prior written or electronic consent from the authorities responsible for the construction and maintenance of public ways (usually the town or local authority).

Submitting an application

Applications to transfer rights of way can be submitted to the Bundesnetzagentur using one of the following options:

1. By online application
2. By email to wegerecht@bnetza.de
3. By post to the following address:

Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen
Referat  215
Canisiusstraße 21
55122 Mainz
Germany

Please see the following for requirements and information about submitting an application to transfer rights of way.

Notes on participating in expression of interest or tendering procedures

1. Under section 125(1) TKG, the Bundesnetzagentur transfers the right of way in accordance with the requirements for specific expansion projects assessed under section 125(3) TKG.
2. Rights of way are not transferred merely for the participation in an expression of interest or tendering procedure. At the time of an expression of interest procedure, it is not foreseeable whether the project will actually be carried out or which company will undertake the broadband rollout. It is therefore possible that an undertaking that had already applied for rights of way would not use them or need them. In such instances, transferring the right of way would not be in line with the purpose laid down in law, "for the duration of the public activity".
   It is not possible to transfer rights of use under section 125(1) TKG if an applicant plans to prove financial capability partially or completely with the use of funding that has not yet been guaranteed at the time of the expression of interest procedure and thus cannot be used as evidence, because the financial capability cannot be sufficiently proven.
3. A notification certificate in accordance with section 5 TKG is not suitable as a prerequisite to participate in an expression of interest or tendering procedure either.
   In principle, no approval or licence is required to enter the market to operate telecommunications networks or provide telecommunications services. Submitting such a notification does not confer any legal rights beyond those detailed in the TKG. The notification requirement is merely designed to permit market monitoring and facilitate the monitoring of market activities, ie compliance with and imposition of obligations from the TKG. The notification requirement applies at the earliest from the start of the activity that is subject to notification (operation of public telecommunications networks on a commercial basis or provision of publicly available telecommunications services on a commercial basis).
4. Neither installing telecommunications networks/lines nor merely owning telecommunications networks/lines is an activity subject to notification in accordance with section 5 TKG.

Information for authorities

The Bundesnetzagentur provides information on the holders of rights of way – in particular the beginning and end of use, changes in name, changes of address and changes in the legal form of undertakings not affecting their identity – to the authorities responsible for the construction and maintenance of public ways. This information is provided online.

Further details can be found in the registration procedure:

List of holders of rights of way

The following list contains details of the holders of rights of way and the areas for which rights of use have been granted.

List of holders of rights of way (pdf, in German only)