Objectives and principles of regulation

(1) The regulation of telecommunications is a sovereign task of the Federation.
(2) The objectives of regulation are:
1. ensuring connectivity, and promoting access to, and use of, very high capacity networks by all citizens and undertakings;
2. ensuring competition on equal terms and promoting sustainably competitive markets in telecommunications in the field of telecommunications services and networks – including efficient infrastructure-based competition – and of the associated facilities and services, including on an area-wide basis;
3. safeguarding the interests of users, in particular of consumers, in the field of telecommunications; the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Federal Network Agency) and other authorities responsible under this Act promote users' interests by
a) ensuring connectivity, wide availability, and accelerated deployment of very high capacity networks as well as of telecommunications services, and promoting their use,
b) working towards the greatest possible benefits for users in terms of choice, price, and quality on the basis of effective competition,
c) safeguarding the interests of public security and ensuring the security of networks and services,
d) ensuring equivalent living conditions in urban and rural areas as well as a high common level of protection for end users, and taking into account the needs – such as affordable prices – of specific societal groups, in particular end users with disabilities, older end users, and end users with special social needs, as well as the choice and equivalent access for end users with disabilities,
e) ensuring that there are no distortions or restrictions of competition in the field of telecommunications;
4. promoting the development of the internal market of the European Union, by the Federal Network Agency and other authorities responsible under this Act helping to remove remaining obstacles to investment in telecommunications networks, telecommunications services, associated facilities, and associated services, and to their provision across the European Union, and facilitating the creation of converging conditions for this purpose, developing common rules and predictable regulatory approaches, and further promoting open innovation, the establishment and development of trans-European networks, the provision, availability, and interoperability of EU-wide services, and end-to-end connectivity;
5. ensuring the efficient and interference-free use of frequencies, having regard also to the interests of broadcasting.
(3) In pursuing the objectives set out in subsection (2), the Federal Network Agency and other authorities responsible under this Act apply objective, transparent, non-discriminatory, and proportionate regulatory principles, in particular by
1. promoting predictability of regulation by maintaining a consistent regulatory approach over appropriate review periods and through cooperation with one another, with BEREC, with the Radio Spectrum Policy Group, and with the Commission,
2. ensuring that operators of telecommunications networks and providers of telecommunications services are not discriminated against under comparable circumstances,
3. applying Union law in a technology-neutral manner, insofar as this is compatible with achieving the objectives of subsection (2),
4. promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation duly takes account of the risk incurred by the investing undertakings, and by permitting various commercial arrangements between investors and access seekers to diversify the investment risk, while at the same time ensuring that competition in the market and the principle of non-discrimination are safeguarded,
5. duly taking into account the varied conditions relating to infrastructure, competition, and the circumstances of end users, in particular consumers, that exist in the different geographic areas within the Federal Republic of Germany, and
6. imposing regulatory obligations ex ante only where there is no effective and sustainable competition in the interest of end users, and ensuring that such obligations are relaxed or lifted once such competition exists.
(4) The provisions of the Competition Act remain applicable, insofar as this Act does not expressly make exhaustive provision otherwise. The functions and competences of the competition authorities remain unaffected.
(5) The sovereign powers of the Federal Ministry of Defence remain unaffected.
(6) The interests of the authorities and organisations with security functions of the Federation and of the Länder are to be taken into account, as are, in accordance with this Act, the interests of the Bundeswehr (Federal Armed Forces).
(7) The interests of broadcasting and comparable digital services under section 1(4), point 1, of the Digital Services Act (national implementing act) are to be taken into account, irrespective of the mode of transmission. The media-law provisions of the Länder remain unaffected.