Promotion of competition

(1) In assigning frequencies for telecommunications networks and services under this Act, and in amending or renewing assignments of such frequencies, the Federal Network Agency promotes effective competition and avoids distortions of competition in the internal market.
(2) To achieve the objectives referred to in subsection (1), the Federal Network Agency may take appropriate measures. These include, among other things, 1. limiting the quantity of frequencies assigned to an undertaking, or, where the circumstances justify it, attaching conditions to the rights of use of frequencies, for example the grant of wholesale access and national or regional roaming, in specific frequency ranges or in groups of frequency ranges with similar characteristics; 2. reserving a specific part of a frequency range or of a group of frequency ranges for new market entrants, where this is appropriate and justified in view of the specific situation on the national market; 3. refusing new assignments, or approval of new types of use of frequencies, in specific ranges, or attaching specific conditions to new rights of use or new types of use of frequencies, in order to prevent distortions of competition through the assignment, transfer, or accumulation of rights of use; 4. including conditions for prohibiting the transfer of assignments, or imposing conditions on the transfer of assignments not subject to merger control at EU or federal level, where it is likely that competition would be significantly impaired by the transfer; or 5. amending existing rights in accordance with this Act, where necessary to remedy, after the event, distortions of competition resulting from the transfer or accumulation of assignments. In its decisions, the Federal Network Agency bases itself, having regard to market conditions and available benchmarks, on an objective, forward-looking assessment of the state of competition, of whether such measures are necessary to preserve or achieve effective competition, and of the likely effects of such measures on existing or future investment by market participants, in particular in network deployment. In its assessment, the Federal Network Agency has regard to the approach described in section 11(3) for conducting market analyses. It may adopt general administrative provisions for this purpose.
(3) Before the Federal Network Agency takes measures under subsection (2), it gives interested circles the opportunity to comment on the draft measures within a reasonable period. The period must correspond to the complexity of the matter and be at least one month. In exceptional circumstances, a shorter period may be set. Section 99(3) remains unaffected. The results of the hearing and the measures are to be published. In applying subsection (2), the Federal Network Agency otherwise acts under the procedure referred to in section 107.