Obligations to provide telecommunications services

(1) Where the Federal Network Agency assesses a commitment submitted under section 160(2) as suitable to ensure provision of telecommunications services under section 157(2) and section 158(1), the Federal Network Agency may declare the commitment binding by order. The order provides that the Federal Network Agency will not, subject to the fourth sentence, make use of its powers under the following subsections against the undertakings involved. The order may be limited in time. The Federal Network Agency may set aside the order under the first sentence and resume the procedure where 1. the actual circumstances have subsequently changed in a point material to the order; 2. the undertakings involved do not comply with their obligations; 3. the Federal Network Agency amends the requirements for the telecommunications services under section 157(3) or section 158(1); or 4. the order is based on incomplete, incorrect, or misleading particulars from the parties.
(2) Where the Federal Network Agency has determined the existence of underprovision and an actual need under section 160, and has not declared a suitable commitment under subsection (1) binding, the Federal Network Agency, after hearing the undertakings under consideration, obligates one or more of these undertakings to provide telecommunications services under section 157(2) and section 158(1), including the connection to a public telecommunications network necessary for this. The obligation of one or more of the undertakings under consideration must take place within three months of expiry of the one-month period for submitting compensation-free commitments under section 160(2). The period under the second sentence may be exceeded by one month where this is justified by the complexity of the matter. The obligated undertaking must begin creating the conditions for providing the telecommunications services under section 157(2) covered by the obligation no later than upon expiry of three months from the time of the obligation, and must provide these telecommunications services within a reasonable period set by the Federal Network Agency, which should, as a rule, not exceed three months. In the course of the hearing, the Federal Network Agency may require the undertakings to submit and substantiate information necessary for the decision under the first sentence. Undertakings under consideration for an obligation under the first sentence include, in particular, undertakings that already operate suitable telecommunications networks near the connections concerned and can provide the telecommunications services under section 157(2) in a cost-efficient manner. The Federal Network Agency may order the provision of telecommunications services under section 157(2) for several areas. The procedure for obligating the suitable undertaking must be efficient, objective, transparent, and non-discriminatory.
(3) The Federal Network Agency may, exceptionally, obligate one or more undertakings under consideration to connect end users by wire, making shared use of already existing telecommunications lines, and to provide them with services under section 157(2), where this is reasonable. The determination of underprovision under section 160(1) remains unaffected. A wire-based connection is, as a rule, reasonable where suitable duct infrastructure is adjacent to the land to be supplied. The procedure for obligating one or more undertakings to provide a wire-based connection corresponds to the procedure under subsection (2). The Federal Network Agency publishes its decision, including the reasons for it.
(4) Obligated undertakings must notify the Federal Network Agency, in good time in advance, of material changes that may affect the provision of telecommunications services under section 157(2) and section 158(1). In particular, the disposal of a material part, or the whole, of the assets of the local access network to another legal person with a different owner is to be notified.