Powers to issue statutory instruments

(1) The Federal Ministry for Digital Affairs and State Modernisation is empowered to designate, by statutory instrument not requiring the consent of the Bundesrat, in consultation with the Federal Ministry for Economic Affairs and Energy, passive network infrastructure that is excluded from the rights and obligations referred to in sections 79, 82, 136, and 137. The exemptions are to be given sufficient reasons. They may be based only on the fact that the protection of parts of critical facilities is affected, or that the passive network infrastructure is technically unsuitable for telecommunications. Insofar as the exemptions are based on the protection of parts of critical facilities, the statutory instrument requires the agreement of the Federal Ministry of the Interior.
(2) The Federal Ministry for Digital Affairs and State Modernisation is empowered, by statutory instrument requiring the consent of the Bundesrat, to provide, beyond the grounds for refusal set out in section 142(4), further exemptions from the rights and obligations laid down in section 142, and to designate categories of civil works that are to be notified to the Central Information Office of the Federation. Such categories may contain only civil works with an initially planned duration exceeding eight weeks. The statutory instrument is to be given sufficient reasons and may exempt civil works of minor scope or value, or critical facilities. Insofar as the exemptions are based on the protection of parts of critical facilities, the statutory instrument requires the agreement of the Federal Ministry of the Interior.
(3) The Federal Ministry for Digital Affairs and State Modernisation is empowered, by statutory instrument requiring the consent of the Bundesrat, to provide exemptions from the rights and obligations laid down in section 143. The exemptions may be based on the minor scope and value of the civil works or on the protection of parts of critical facilities. Insofar as the exemptions are based on the protection of parts of critical facilities, the statutory instrument requires the agreement of the Federal Ministry of the Interior.
(4) The Federal Ministry for Digital Affairs and State Modernisation is empowered, in agreement with the Federal Ministry for the Environment, Climate Action, Nature Conservation and Nuclear Safety, by statutory instrument requiring the consent of the Bundesrat, to provide exemptions from section 145(4) and (5). The statutory instrument is to be given sufficient reasons and may exempt specific categories of buildings and major renovations, where fulfilment of the obligations would be disproportionate. Disproportionality may be based, in particular, on the anticipated costs for individual owners or on the specific type of building.
(5) Owners and operators of public utility networks and interested parties are to be given the opportunity to comment, within one month, on the draft of a statutory instrument issued under subsections (1) to (4).
(6) Statutory instruments issued under subsections (1) to (4) are to be notified to the Commission.