Rul­ing Cham­ber 11

The Digital Networks Act implements the Broadband Cost Reduction Directive 2014/61/EU of the European Parliament and the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (Official Journal of the European Union L155, page 1 et seqq.). The Digital Networks Act provides for the establishment of a national dispute settlement body, which has been set up at the Bundesnetzagentur as Ruling Chamber 11.

The dispute settlement body carries out the dispute resolution process designated in section 149 of the German Telecommunications Act (TKG). This involves

• procedures on the sharing of the physical infrastructure of public supply networks including the conditions and price for the use of the supply network (section 138 TKG),
• procedures on the sharing of other physical infrastructure for small-area wireless access points (section 154 TKG),
• agreements on the coordination of civil works (section 143 TKG),

• procedures on the right to receive information concerning

  • passive network infrastructures of the public supply networks (section 136 TKG),
  • civil works related to public supply networks (section 142 TKG),
  • other physical infrastructure for small-area wireless access points (section 153 TKG),

• on-site survey of passive network infrastructure (section 137 TKG),
• procedures on the shared use of in-building network infrastructure including price for the shared use (section 145 TKG),
• procedures on allowing open network access including the conditions and price (section 155 TKG),
• agreement on an optical fibre provision charge (section 72 TKG).

Those eligible to submit a request for dispute resolution are

• the owners or operators of a public supply network or other physical infrastructure,
• the owners or operators of public telecommunications networks,
• the owners or operators of public telecommunications networks and lines built with public financing,
• the party with rights of disposal for network inside buildings or up to the first concentration or distribution point of a public telecommunications network,
• the operator of network constructed in accordance with section 72 (1) paras 1 and 2 TKG.

The time period for a dispute resolution procedure is, depending on the legal claim, two or four months beginning from the receipt of the complete request (section 149(7) TKG. In exceptional circumstances, an additional period of up to two months may be allowed for the procedure (section 149(8) TKG.

The dispute resolution procedure takes place as per section 211 (2) TKG in ruling chamber proceedings. The ruling chamber, comprising one chair and two vice chairs, makes its decision in a quasi-judicial process. Pursuant to section 214 TKG, those taking part in the proceedings include the applicant and the defendant as well as interested parties whose interests will be affected by the decision. As necessary in special cases, the competent railway supervisory authority as well as the Federal Office for Information Security are involved in the proceedings. All those involved will be given an opportunity to state their case. In addition, pursuant to section 215 TKG, public oral proceedings are held and provide the basis on which the ruling chamber makes its decision. The decision is issued by way of administrative order and is then published. Hereby due account is being taken of the confidentiality of the operating and business secrets of the parties concerned.

During ongoing dispute resolution procedures, it is still possible for the parties to negotiate and to reach an agreement outside the proceedings.