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Part 7 · Numbering › Section 123

Powers of the Federal Network Agency

(1) In the course of numbering administration, the Federal Network Agency may issue orders and take other appropriate measures to ensure compliance with statutory provisions, with obligations arising under this Act, and with the conditions it has laid down concerning the assignment of numbers.
(2) The Federal Network Agency may require operators of public telecommunications networks and providers of publicly available telecommunications services to provide information on personal data, such as the name and address for service of number holders and number users, that is necessary for the enforcement of this Act, of statutory instruments issued under this Act, and of the conditions laid down, insofar as the data are known to the undertakings. The Federal Network Agency may, in particular, request information on personal data necessary for the case-by-case review of obligations where
1. a complaint has been lodged with the Federal Network Agency,
2. the Federal Network Agency assumes, for other reasons, that an obligation has been breached, or
3. the Federal Network Agency conducts an investigation on its own initiative. Other provisions remain unaffected by the duty to provide information under the first and second sentences.
(3) To pursue infringements of section 120, the Federal Network Agency may require providers of publicly available telecommunications services to provide information on the telephone number from which a call originated, and on personal data necessary for the pursuit of the infringement, such as the name and address for service of the number holder and the number user. To fulfil this duty to provide information, providers of publicly available telecommunications services may process traffic data to the extent necessary for that purpose.
(4) The Federal Network Agency may withdraw a number used unlawfully where statutory or officially imposed obligations are not fulfilled. Where it has confirmed knowledge of the unlawful use of a telephone number, it should also order the network operator in whose network the number is switched to deactivate the telephone number.
(5) Where it has confirmed knowledge of an unlawful use of a number, the Federal Network Agency may require the billing party not to carry out billing and collection. In this connection, it may
1. prohibit the payout and settlement of charges already collected, and
2. order the refund of charges already collected.
(6) Where the Federal Network Agency assigns numbers under section 108(2), it attaches specific conditions to the rights of use in the numbers, in order to ensure, in the case of provision of services abroad, compliance with the relevant foreign consumer protection provisions and foreign law. Where the competent authority of the state in which the numbers are used demonstrates an infringement, in the course of the use of the numbers, of its relevant consumer protection provisions or its national law, the Federal Network Agency, on application by that authority, takes measures to enforce these conditions.
(7) Insofar as, for premium services, directory enquiry services, mass traffic services, or service-number services, tariff sovereignty lies with the caller's provider, and different charges for connections would therefore apply, the Federal Network Agency, after hearing the undertakings concerned, trade circles, and consumer associations, determines the price, for the purposes of price indication and price announcement under sections 109 and 110, uniformly across all networks for all providers, in each case in relation to specific number ranges or number sub-ranges. Insofar as necessary, the Federal Network Agency also determines, in doing so, by whom the price announcement under section 110(1) is to be made. Part 2, Division 2, remains unaffected.
(8) To enforce the orders under subsections (1) to (6), a coercive fine of at least EUR 1,000 and not more than EUR 1,000,000 may be imposed in accordance with the Administrative Enforcement Act.
(9) The rights of the Länder and the powers of other authorities remain unaffected.

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