Germany

[DE] Federal Network Agency Checks BWA Frequency Applicants

IRIS 2007-1:1/12

Nicola Weißenborn

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

The Bundesnetzagentur (Federal Network Agency - BNetzA) is currently checking the credentials of applicants for broadband wireless access frequencies. These frequencies can be used for Internet access, for example, via broadcasting technologies such as WiMAX (WiMAX-Forum) or HiperMAN (ETSI).

On 26 September 2006, the Presidential Chamber of the BNetzA decided to allocate the frequencies as part of a central auction in accordance with Art. 61 paras 4 and 5 of the Telekommunkationsgesetz (Telecommunications Act - TKG).

The right to participate in the auction process for four frequency packages between 3400 and 3600 MHz is not subject to technical and practical minimum conditions. The market for broadband wireless access frequencies was divided into 28 regions, which together cover the whole territory of the FRG. Applications covering several or even all of the regions are possible. However, no company can hold more than one licence in a single region; the same applies to business consortiums.

Six companies submitted frequency applications before the deadline of 8 November 2006. Three applicants would like to offer wireless broadband connections throughout the Federal Republic of Germany, while the other three plan to market broadband services on a regional basis and have applied for licences covering the relevant regions.

The frequency auction is due to take place in December 2006.