Administrative provisions on regulatory principles and applications for information on the regulatory framework for very high capacity networks

(1) In order to pursue a consistent regulatory approach within the meaning of section 2(3), point 1, the Federal Network Agency may adopt administrative provisions on its fundamental approaches and methods for
1. the market definition under section 10,
2. the market analysis under section 11, and
3. the regulatory order under section 13.
(2) In order to promote efficient investment and innovation in new and enhanced infrastructures within the meaning of section 2(3), point 4, the Federal Network Agency may, with regard to a regulatory order under section 13 or an obligation under section 22(1), adopt administrative provisions on the fundamental regulatory requirements for taking into account the following aspects:
1. investment risks in projects for the deployment of very high capacity networks, and
2. commercial arrangements for allocating investment risk between investors and between investors and access seekers in projects for the deployment of very high capacity networks. This includes, in particular, requirements as to the methodology for determining the requirements for the design of access and pricing conditions. Where the requirements are of material and general significance for the market, the Federal Network Agency should adopt administrative provisions under the first sentence.
(3) The consultation and consolidation procedure under section 12 applies correspondingly to the adoption of administrative provisions under subsections (1) and (2).
(4) On application by an operator of public telecommunications networks that plans or is carrying out the deployment or expansion of very high capacity networks, the Federal Network Agency provides that operator, for a specifically designated region, with information on the regulatory framework conditions or measures under this Part that are to be expected.
(5) Where the information under subsection (4) has an effect on the results of the market definition and the market analysis under sections 10 and 11, the consultation and consolidation procedure under section 12 applies correspondingly. Where the information has an effect on measures under section 13, the consultation and consolidation procedure under section 14 applies correspondingly.