Germany

[DE] Rules for DVB-T Frequency Allocation Published

IRIS 2002-5:1/18

Peter Strothmann

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

On 4 April 2002, the Regulierungsbehörde für Telekommunikation und Post (Regulatory Authority for Telecommunications and Post - RegTP) published the main principles that will govern the allocation of frequencies when digital terrestrial television (DVB-T) is introduced.

According to the guidelines, the basic process for allocating frequencies consists of an invitation for tender preceded by an application procedure. The guidelines, which are based on the second half of Art. 47.5.2 in conjunction with Arts. 11.1, 11.6, 10 and 73.3 of the Telekommunikationsgesetz (Telecommunications Act), lay down the conditions for the tender process.

The RegTP believes this two-stage allocation process is necessary because, due to the different procedures relating to the various types of service, the number of applications may exceed the number of available frequencies. If this were the case, DVB-T frequencies would have to be allocated via a tender process. The different types of service are to be defined by the Bundesländer.

These main principles form the basic telecommunications law framework for DVB-T. The Bundesländer are now in a position to draw up the conditions for the gradual, conurbation-based transition to digital television.