First ruling on open network access to subsidised telecommunications infrastructure
Year of issue 2022
Date of issue 2022.11.25
The Bundesnetzagentur has required a telecommunications company to provide open network access to the dark fibre of a publicly-funded telecommunications network in northern Hesse.
"With this ruling we are reinforcing the right to non-discriminatory open network access. Public funding of telecommunications infrastructure also fosters competition and ultimately benefits consumers,
" said Klaus Müller, President of the Bundesnetzagentur.
The proceedings concern a dispute over open network access to a telecommunications network operated by Netcom Kassel Gesellschaft für Telekommunikation GmbH. A company named goetel GmbH is seeking access to dark fibre. Breitband Nordhessen GmbH is also involved. It is the owner of the network, which was built with public funding, and it has leased the network to Netcom, the company commissioned to operate the network.
Open access to publicly funded networks now more enforceable
With this decision the Bundesnetzagentur has for the first time made a ruling on open network access to subsidised broadband infrastructure. The new telecommunications law simplifies the enforcement of requirements relating to state aid and subsidisation that already exist. Companies specifically affected can contact the Bundesnetzagentur.
Government support has long been linked to the requirement that competitors are provided access to the infrastructure that is built with public funding. Such funding also aims to close the digital gap, help create equivalent living conditions and provide comparable services in areas with and without the need for subsidisation.
Requesting company chooses
With its decision the Bundesnetzagentur emphasizes that the currently applicable legal framework requires the timely provision of access to all types of active and passive access products to competitors, and the requesting company can freely choose from those products. The ruling makes it clear in this context that the companies' claim to access can also pertain to the leasing of dark fibre in the backbone network.
The decision has been published at www.bundesnetzagentur.de/bk11-22-006-beschluss-21-11-22.