Monitoring; orders for decommissioning; monitoring of mobile network coverage

(1) To ensure frequency regulation, the Federal Network Agency monitors the use of frequencies. Insofar as necessary and proportionate for monitoring, in particular to identify a frequency user, the employees of the Federal Network Agency are empowered to ascertain the specific circumstances of a telecommunications process, and, in special cases, also to listen in on transmissions. Information obtained through measures under the second sentence may be used only to ensure frequency regulation. By way of derogation, information may be transmitted to the competent authorities insofar as this is necessary for the prosecution of an offence referred to in section 100a of the Code of Criminal Procedure. The fundamental right to the secrecy of telecommunications under Article 10 of the Basic Law is restricted in accordance with the second to fourth sentences.
(2) To ensure frequency regulation, the Federal Network Agency may order the restriction of operation, or the decommissioning, of devices. To enforce these orders, a coercive fine of up to EUR 500,000 may be imposed in accordance with the Administrative Enforcement Act.
(3) The Federal Network Agency publishes on its website the information on actual, location-based mobile network coverage transmitted by the mobile network operators.
(4) The publication under subsection (3) also includes, by provider, in particular 1. local hotspots of dropped voice telephony connections, and 2. the degree of coverage along federal trunk roads, the subordinate road network, and rail and waterways, in order to ensure achievement of the frequency regulation objective under section 87(2), point 1.
(5) The Federal Network Agency reports, for the first time six months after the entry into force of subsections (3) and (4), and annually thereafter, to the Committee on Digital Affairs and State Modernisation and the Transport Committee of the German Bundestag on the state of mobile network coverage, in particular with regard to developments concerning the aspects referred to in subsection (4). The report should also cover, by provider, the state of compliance with ancillary provisions within the meaning of section 99(3) attached to the assignment of frequencies for mobile communications and not yet fully satisfied at the time of reporting.