Compensation for the provision of telecommunications services

(1) The Federal Network Agency grants the obligated undertaking under section 161(2) or (3), after the end of the calendar year in which the obligated undertaking incurs a deficit in providing telecommunications services under section 157(2) and section 158(1), on reasoned application, financial compensation in accordance with the following provisions, provided that the net costs determined represent an unreasonable burden.
(2) The Federal Network Agency determines the anticipated amount of the net costs for the obligatory provision of telecommunications services under section 157(2) and section 158(1) as the difference between the net costs to the obligated undertaking of operating without the service obligation and the net costs of operating in compliance with the service obligation, in accordance with Annex VII to Directive (EU) 2018/1972, as amended from time to time.
(3) The Federal Network Agency examines the obligated undertaking's cost accounting underlying the calculation of the net costs, and other information underlying the calculation of the net costs.
(4) The Federal Network Agency determines whether the net costs determined for providing the telecommunications services represent an unreasonable burden. Where this is the case, the Federal Network Agency sets the amount of the compensation. The amount of the compensation results from the compensation amount calculated by the Federal Network Agency, plus interest at the market rate. Interest begins to accrue on the day following expiry of the calendar year referred to in subsection (1).
(5) The Federal Network Agency publishes 1. the principles of the net cost calculation under subsection (2), including the details of the method to be used, 2. the results of the net cost calculation under subsection (2), and 3. the results of the examination under subsection (3). In publishing the results under the first sentence, points 2 and 3, the trade and business secrets of the undertakings concerned are to be safeguarded.