Availability of telecommunications services

(1) The Federal Network Agency monitors, at regular intervals, the availability of a minimum service offering under subsection (2). In doing so, it takes into account the results of the surveys conducted by the Central Information Office of the Federation under sections 80, 81, and 84. The Federal Network Agency reports on the results of the monitoring under the first sentence in the annual report under section 196.
(2) At a minimum, there must be available voice communication services and a fast internet access service for adequate social and economic participation within the meaning of subsection (3), including the connection to a public telecommunications network at a fixed location necessary for this.
(3) A statutory instrument of the Federal Ministry for Digital Affairs and State Modernisation, which requires the agreement of the Committee on Digital Affairs and State Modernisation of the German Bundestag, determines, with the consent of the Bundesrat, the requirements that an internet access service and a voice communication service under subsection (2) must satisfy. In determining the requirements for the internet access service under the first sentence, particular regard is had to the minimum bandwidth, upload rate, and latency used by at least 80 percent of consumers within German territory, and to other national circumstances, such as the effects of the determined quality on incentives for private-sector broadband deployment and for broadband funding measures. The internet access service must always enable, at a minimum, the services listed in Annex V to Directive (EU) 2018/1972, as amended from time to time, telework including encryption procedures to the usual extent, and use of online content services that is customary in the market for consumers. The upload rate and latency to be determined under the first sentence may be lower than the values used by 80 percent of consumers within German territory, where it is actually demonstrated that the services referred to in the third sentence also function for the end user under lower specifications. A statutory instrument under the first sentence may set shorter time limits than those referred to in sections 160 and 161, where acceleration could be achieved through digitalisation of the procedural workflows.
(4) The statutory instrument under subsection (3) is to be issued within six months of the entry into force of this provision. The Federal Ministry for Digital Affairs and State Modernisation must review the determined requirements annually. It informs the Committee on Digital Affairs and State Modernisation of the German Bundestag of the result.
(5) The Federal Ministry for Digital Affairs and State Modernisation may transfer the power under subsection (3), and the duties under subsection (4), to the Federal Network Agency by statutory instrument. A statutory instrument of the Federal Network Agency under the first sentence requires the agreement of the Federal Ministry for Digital Affairs and State Modernisation and of the Committee on Digital Affairs and State Modernisation of the German Bundestag, and the consent of the Bundesrat. The result of the Federal Network Agency's review report under subsection (4) requires the agreement of the Federal Ministry for Digital Affairs and State Modernisation and of the Committee on Digital Affairs and State Modernisation of the German Bundestag.