Local roaming; access to active and passive network infrastructure

(1) The Federal Network Agency may require the operator of a public mobile network, within a geographically delimited area, to enable shared use of passive infrastructure or, insofar as this is not sufficient, roaming (local roaming), where
1. insurmountable economic or physical obstacles to market-driven network deployment exist in that area, as a result of which end users have only extremely patchy access to public mobile networks and services;
2. local roaming is directly necessary to offer publicly available telecommunications services provided via mobile networks at local level;
3. no other mobile network operator makes viable and comparable alternative access routes to end users available on fair and reasonable terms in that area;
4. the possibility of such an obligation was expressly provided for
a) in the case of an award procedure, in the award conditions of the frequency assignment, or
b) otherwise, in good time before the frequency assignment;
5. undertakings benefiting from the obligation make a reasonable contribution to the coverage of areas previously underserved; and
6. no agreement on local roaming or on shared use of passive infrastructure has been reached between the parties involved within three months; the period for negotiations between the parties involved may be extended by a further month, insofar as all parties involved jointly apply to the Federal Network Agency for this.
(2) In deciding on an obligation under subsection (1), the Federal Network Agency takes into account, in particular:
1. ensuring continuous, uninterrupted access for all end users to voice and broadband data services of public mobile communications, at least along federal trunk roads and also on the subordinate road network and along all rail and waterways, as far as possible by 2026, and in further areas with extremely patchy access for end users;
2. the efficient use of frequencies;
3. enabling substantially greater choice and higher service quality for end users;
4. technical feasibility and the conditions relating to it;
5. the state of infrastructure and service competition;
6. technical innovation; and
7. the priority need, with regard to infrastructure deployment, to first create incentives for the undertaking subject to the obligation under subsection (1).
(3) Section 12 applies correspondingly.
(4) Without prejudice to the obligation under subsection (1), the Federal Network Agency may require undertakings that provide public mobile networks in a geographically delimited area to grant access to active network infrastructure in that area. Subsections (1) to (3) apply correspondingly.
(5) The Federal Network Agency decides on the conditions on which an undertaking subject to an obligation under subsection (1) or (4) must grant local roaming or access to active or passive infrastructure, within two months of the decision under subsection (1) or (4), insofar as the parties involved have not reached agreement on this within that period. The period may be extended by a further month. The conditions must be objective, transparent, proportionate, and non-discriminatory.
(6) The Federal Network Agency may require the beneficiary of the order under subsection (1) or subsection (4) to make shared use of frequencies, in the area concerned, with the party subject to the order under subsection (1) or subsection (4).
(7) The Federal Network Agency reviews obligations and conditions under subsections (1) to (6) within five years of their adoption. In doing so, it examines, in particular, whether their amendment or withdrawal would be appropriate in view of changing circumstances.