Flexibilisation of the use of frequencies

(1) The Federal Network Agency may determine frequency ranges in which it releases rights of use of frequencies for trading, leasing, or cooperative shared use (frequency pooling), in order to enable flexible uses of frequencies. The circles concerned are to be heard before the release decision.
(2) Where the Federal Network Agency takes a release decision under subsection (1), first sentence, it simultaneously determines the framework conditions and the procedure for trading, leasing, and frequency pooling. The framework conditions and the procedure must, in particular, ensure that
1. the efficiency of the use of frequencies is increased or maintained,
2. the original award procedure of a frequency assignment is not undermined,
3. no distortion of competition is to be feared,
4. the other legal framework conditions, in particular the terms of use and international agreements on the use of frequencies, are complied with, and
5. the regulatory objectives under sections 2 and 87 are ensured. The Federal Network Agency publishes the decision on the framework conditions and the procedure. The decision is taken in agreement with the body competent under Land law, insofar as frequencies intended for broadcasting services are affected.
(3) Proceeds obtained from measures under subsection (1), less administrative costs, accrue to the person who transfers their rights of use of frequencies to third parties, or makes them available for use or shared use.
(4) Holders of rights of use of frequencies inform the Federal Network Agency of their intention to transfer or lease rights of use of frequencies, and of the transfer or leasing of rights of use of frequencies. The Federal Network Agency publishes this information.