Revocation of the frequency assignment; waiver

(1) A frequency assignment may be revoked, in whole or in part, in addition to the cases under section 49(2) of the Administrative Procedure Act, where 1. use of the frequency for the purpose pursued by the assignment has not begun within one year of the assignment; 2. the frequency has not been used for the purpose pursued by the assignment for more than one year; 3. one of the conditions under section 91(5) or section 96(4) to (6) is no longer satisfied; 4. an obligation arising from the frequency assignment has been seriously or repeatedly breached, or has not been complied with despite a request; 5. distortions of competition are likely following the frequency assignment; or 6. a distortion of competition is to be feared as a result of a change in the ownership of the holder of the right of use of frequencies.
(2) The period until the revocation takes effect must be reasonable.
(3) Where frequencies for the transmission of broadcasting within the area of responsibility of the Länder are affected, the Federal Network Agency establishes agreement with the competent Land authority on the basis of the broadcasting-law determinations.
(4) The frequency assignment should be revoked where, for a frequency assigned for the transmission of broadcasting within the area of responsibility of the Länder, all broadcasting-law determinations of the competent Land authority for the broadcasting transmitted on that frequency have lapsed. Where, for a frequency under the first sentence, one or all of the broadcasting-law determinations under the first sentence have lapsed, and no new broadcasting-law determination is issued within six months, the Federal Network Agency may, in consultation with the competent Land authority, assign that frequency to the previous holder. The assignment under the second sentence is made with a restricted obligation, or without an obligation, to transmit broadcasting within the area of responsibility of the Länder, in accordance with the Frequency Plan, even where this does not correspond to the previous award procedure.
(5) Mere changes to the use of frequencies resulting from the application of the provisions referred to in section 89(2), second sentence, do not by themselves justify revocation of a frequency assignment.
(6) Section 49(6) of the Administrative Procedure Act does not apply to revocation under subsections (1) and (4).
(7) Frequency assignments for the transmission of broadcasting should be revoked where a transmission network operator selected by the content provider under section 96(1), seventh sentence, can, on application, demand the assignment to itself. Subsection (3) applies correspondingly to the revocation decision. A reasonable period of at least three months is to be provided for before the revocation takes effect.
(8) The frequency assignment lapses upon waiver. The holder of the frequency assignment must declare the waiver to the Federal Network Agency in writing or electronically, precisely identifying the frequency assignment.