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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...

On 19 October 2006, the Minister-Presidents of the Länder decided that, from 1 January 2007, new types of broadcasting receivers (such as Internet PCs) should no longer be exempt from the licence fee, as provided in the 7. Rundfunkänderungsstaatsvertrag (7th Amendment to the Inter-State Broadcasting Agreement) of 2003 (see IRIS 2006-9: 8). However, for such modern multi-functional devices which can (also) be used to receive broadcast programmes, the so-called "second device rule" will apply. This means that no fee is due if the owner already pays the charge for another device. The exact circumstances...

On 9 November 2006, the Bundestag adopted a bill banning tobacco advertising. The law is meant to transpose Directive 2003/33/EC on the advertising and sponsorship of tobacco products in media other than television. Under the new Act, tobacco advertising will be prohibited not only on television and radio, but also in newspapers, magazines and on the Internet. Sponsorship by tobacco manufacturers will also be restricted. Despite the deadline of 31 July 2005, Germany has still not transposed the Directive into domestic law; in fact, it complained to the Court of Justice of the European Communities...

On 30 November 2006, the Bundestag adopted an amendment to the Strafgesetzbuch (Criminal Code - StGB ). It states that, in future, the unauthorised, persistent pestering of another person shall be punishable if it causes serious and unreasonable harm to that person's way of life (Art. 241b StGB ). The new provisions threw up various questions in relation to the media, which are protected under Art. 5 of the Grundgesetz (Basic Law - GG ) not only in terms of reporting itself, but also in relation to the obtaining of information. According to the explanatory memorandum, the wording of the amendment...

On 30 November 2006, the German Bundestag adopted an amendment to the 2004 Telekommunikationsgesetz (Telecommunications Act - TKG) (see IRIS 2004-6: 9). One particularly controversial change concerns the sector-specific regulation of emerging "new markets" (see IRIS 2006-3: 12). For months, the European Commissioner for Information Society and Media had been warning the German Government against granting so-called "regulation holidays" for companies with significant market power if they opened up new sectors with innovative new services. This was considered a breach of the Directives on electronic...