Monitoring and enforcement of obligations

(1) The Federal Network Agency may take orders and other measures to ensure compliance with the provisions of this Division, and with the statutory instruments and general orders issued under this Division, in particular the applicable Technical Guidelines. The party obligated under the provisions of this Division must, on the Federal Network Agency's request, provide the information necessary for this. The Federal Network Agency is empowered, for reviewing compliance with the obligations, to enter and inspect business and operational premises during the usual operating or business hours. The powers of the Federal Network Agency under Part 11, Division 2, remain unaffected.
(2) The Federal Network Agency may, where there are concrete indications of infringements of the obligations under section 172, examine the content of customer files under section 173(1), first sentence, and, for this purpose, also process personal data. The storage period for the personal data is to be limited to what is necessary.
(3) In the case of repeated infringements of section 172(1) to (6), section 173(1), (2), (6), second sentence, and (9), first and second sentences, or section 174(1), fifth sentence, and (6), the obligated party's activity may be restricted by order of the Federal Network Agency to the effect that the customer base may be changed only through expiry or termination of contracts, until the obligations arising from these provisions have been fulfilled.
(4) Beyond the power to make orders under subsection (3), the Federal Network Agency may, in the event of non-fulfilment of obligations under this Division, prohibit operation of the telecommunications installation concerned, or provision of the telecommunications service concerned, in whole or in part, where less intrusive measures are not sufficient to enforce lawful conduct.
(5) To enforce measures under subsections (1) to (4), a coercive fine of up to one million euros may be imposed in accordance with the Administrative Enforcement Act.
(6) The secrecy of telecommunications under Article 10 of the Basic Law is restricted in accordance with subsection (1).