Enforcement of obligations

(1) Where the Federal Network Agency determines that an undertaking is not fulfilling its obligations under this Act, under provisions issued on the basis of this Act, under Regulation (EU) No 531/2012, or under Regulation (EU) 2015/2120, it requires the undertaking 1. to comment on the non-fulfilment of the obligation within a reasonable period, and 2. to remedy the non-fulfilment of the obligation within a reasonable period, or without delay. The requirement to remedy under the first sentence, point 2, may be challenged only together with the order under subsection (2).
(2) The Federal Network Agency may order the necessary measures to ensure compliance with the obligations, where the undertaking does not comply with the requirement to remedy under subsection (1), first sentence, point 2, within the period set. In the order, a reasonable period is to be set for the undertaking to be able to comply with the measures.
(3) Where the undertaking seriously or repeatedly breaches its obligations, or does not comply with the measures ordered by the Federal Network Agency under subsection (2), the Federal Network Agency may prohibit it from acting as an operator of telecommunications networks or a provider of telecommunications services.
(4) Where public safety and order are directly and significantly endangered by a breach of obligations, or the breach of obligation causes significant economic or operational problems for other providers or users of telecommunications networks and services, the Federal Network Agency may take provisional measures. The Federal Network Agency decides, after giving the undertaking concerned the opportunity to comment within a reasonable period, whether the provisional measure is confirmed, set aside, or amended.
(5) To enforce the orders under subsection (2), a coercive fine of at least EUR 1,000 and not more than EUR 10 million may be imposed in accordance with the Administrative Enforcement Act.
(6) Subsections (1), (2), (4), and (5) apply correspondingly to enforcing obligations of owners and operators of public utility networks that are not undertakings.
(7) (repealed)