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Part 11 · Federal Network Agency and Other Competent Authorities  ›  Division 1 · Organisation › Section 197

Cooperation with other authorities at national level

(1) The Federal Network Agency decides in agreement with the Federal Cartel Office in the following cases: 1. sections 10 and 11, 2. section 31, 3. section 32, and 4. section 101(2), point 3.
(2) The Federal Network Agency gives the Federal Cartel Office the opportunity to comment, in good time before conclusion of the procedure, in the course of the following decisions: 1. section 17 in conjunction with section 18(1), point 2, and (3), 2. Part 2, Divisions 2 to 5, and 3. section 149(6).
(3) The Federal Network Agency gives the Federal Cartel Office the opportunity to comment, in good time before conclusion of the procedure, in the course of a measure or decision under section 91(9) in conjunction with 1. section 92(2), third sentence, point 4, 2. section 100(3), third sentence, 3. section 102(1), points 5 and 6, 4. section 105, or 5. section 106.
(4) Where the Federal Cartel Office conducts proceedings in the field of telecommunications under sections 19 and 20(1) and (2) of the Competition Act, under Article 102 of the Treaty on the Functioning of the European Union, or under section 40(2) of the Competition Act, it gives the Federal Network Agency the opportunity to comment in good time before conclusion of the proceedings.
(5) Both authorities work towards a uniform interpretation of this Act that preserves consistency with the Competition Act, including when issuing administrative provisions. They must notify each other of observations and findings that may be of significance for the performance of each other's functions.
(6) The Federal Network Agency cooperates with the Land media authorities. On request, it transmits to the Land media authorities findings necessary for the performance of their functions. Where interests of broadcasting and comparable digital services under section 2(7), first sentence, are affected, the competent Land media authority is informed of this and involved in procedures initiated. On application by the competent Land media authority, the Federal Network Agency examines, on the basis of this Act, the initiation of a procedure and the ordering of measures under this Act.
(7) In performing its functions and exercising its powers under Article 5 of Regulation (EU) 2015/2120, the Federal Network Agency cooperates, insofar as interests of broadcasting and comparable digital services under section 2(7), first sentence, are affected, with the body competent under the relevant Land law.

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