Apportionment procedure

(1) Where the Federal Network Agency grants compensation under section 162 for the provision of telecommunications services under section 157(2) and section 158(1), every undertaking obligated under section 159 contributes to this compensation by way of a levy.
(2) The amount of the levy is, in principle, calculated according to the ratio of the annual domestic turnover of the respective undertaking to the sum of the annual domestic turnover of all undertakings obligated on the relevant market, and must give sufficient regard to any undertaking's own provision of telecommunications services under section 161(1). The domestic turnover of the calendar year for which compensation is granted under section 162 is the relevant figure. The amount of the levy is calculated separately for each undertaking and may not be aggregated. Where the levy owed by a levy-obligated undertaking cannot be recovered from it, the shortfall is to be borne by the other obligated undertakings in proportion to their respective shares.
(3) The undertakings notify the Federal Network Agency, annually on request, of their turnover on the relevant market for the provision of telecommunications services under section 157(2). Where the notification is not made, the Federal Network Agency may make an estimate.
(4) In determining turnover, section 36(2) and section 38 of the Competition Act apply correspondingly.
(5) After the end of the calendar year for which compensation is granted under section 162(1), the Federal Network Agency sets the levy amount for the levy-obligated undertakings and notifies the undertakings concerned of this.
(6) The Federal Network Agency may obligate providers of number-independent interpersonal telecommunications services provided within the scope of this Act to contribute to the compensation under subsection (1), where the conditions under section 21(2), point 1, are satisfied. It must calculate the share of the undertakings obligated under the first sentence in relation to those obligated under section 159. Subsections (2) to (5) apply correspondingly, whereby the number of monthly active users within Germany replaces annual domestic turnover as the basis of assessment.
(7) Undertakings obligated to pay a levy under subsection (1) or subsection (6) must pay the levies set by the Federal Network Agency and apportioned to them, to the Federal Network Agency, within one month of receipt of the assessment notice. Where an undertaking obligated to pay the levy is more than three months in arrears with payment of the levy, the Federal Network Agency issues a determination notice on the outstanding amounts of the levy and pursues collection.
(8) Undertakings are exempt from the levy obligation where their annual domestic turnover is below a turnover threshold set by the Federal Network Agency for micro-enterprises and for small and medium-sized enterprises. In setting the threshold, the Federal Network Agency has regard to provisions of Union law concerning the definition of micro-enterprises and small and medium-sized enterprises. On application, the Federal Network Agency may exempt further undertakings obligated under section 159 from the levy obligation in the case of unreasonable hardship.
(9) In applying subsections (1) to (8), the Federal Network Agency must observe the principles of transparency, least possible market distortion, non-discrimination, and proportionality, in accordance with the principles set out in Annex VII, Part B, to Directive (EU) 2018/1972, as amended from time to time. The Federal Network Agency publishes the principles for calculating the levy for compensation of the net costs. The Federal Network Agency further publishes, while safeguarding trade and business secrets, an annual report setting out the details of the net costs calculated under section 162 for the provision of telecommunications services under section 157(2) and section 158(1), and listing the levies paid by all undertakings involved, including any market advantages accruing to the obligated undertakings as a result of the service obligation.