Determination of underprovision

(1) Where the Federal Network Agency determines, in the course of its monitoring under section 157(1) and section 158(2), that one of the following circumstances exists, it publishes this determination within two months of first becoming aware of it:
1. provision of telecommunications services under section 157(2) is not being provided adequately, sufficiently, or at an affordable end-user price under section 158(1), either currently or in a period objectively foreseeable;
2. it is to be feared that provision of telecommunications services under section 157(2) will no longer be ensured in the future. The Federal Network Agency may exceed the time limit set for it for publishing the determination of underprovision under the first sentence by up to one month in exceptional circumstances. The circumstances are to be given sufficient reasons.
(2) Where the Federal Network Agency determines, in the course of its determination under subsection (1), an actual need, in the area covered by the determination, for provision of the telecommunications services minimally available under section 157(2), it announces, together with the publication of the determination of underprovision, that it will proceed under the provisions of section 161(2), unless an undertaking commits, in writing or electronically, to the Federal Network Agency within one month of publication of the determination of underprovision, to undertake provision of telecommunications services under section 157(2) and section 158(1) without compensation under section 162.