Germany

[DE] New Legal Framework for Frequency Usage

IRIS 2001-6:1/25

Peter Strothmann

Institute of European Media Law (EMR), Saarbrücken/Brussels

On 30 March 2001, the Bundesrat (Federal Council) approved three Federal Government ordinances, which establish the legal framework proposed in Sections 44 to 49 of the Telekommunikationsgesetz (Telecommunications Act - TKG). These are the Frequenzbereichszuweisungsplanverordnung (Frequency Band Allocation Plan OrdinanceFreqBZPVO), based on Section 45.1 of the TKG, the Frequenznutzungsplanaufstellungsverordnung (Ordinance on the Procedure for Drawing Up the Frequency Usage PlanFreqNPAVO, based on Section 46.3 of the TKG) and the Frequenzzuteilungsverordnung (Frequency Assignment Ordinance - FreqZutVO, based on Section 47.4 of the TKG).

Both frequency plans lay down conditions of use and lists available frequencies, while the FreqBZPVO also brings national conditions into line with international provisions on frequency band usage. It also regulates frequency usage "in and along conductors" for the very first time, opening the way for applications such as telecommunications, media services and teleservices to be transmitted via electricity supply networks. It will also be possible to provide such services alongside TV programmes using national and international frequencies normally used for broadcasting.

The FreqNPAVO lays down the requirements of a frequency usage plan, which contains further information on the frequency band allocation plan and its structure. In this respect, it ensures that radio applications will not experience interference from frequency usages in cable installations. The use of frequencies in and along conductors is therefore permitted, provided none of the frequency usages mentioned in the plan is adversely affected and as long as no other frequency usages require protection from interference.

Frequency allocations and their conditions of use are laid down in accordance with the FreqZutVO.