Requests for information and further investigative rights; transmission duties

(1) Without prejudice to other reporting and information duties under national law or under directly applicable European Union law, operators of public telecommunications networks and providers of publicly available telecommunications services, and owners and operators of public utility networks, are obliged to provide the Federal Network Agency, on request, with the information necessary for enforcing this Act and the further functions and powers assigned to it under section 191. The Federal Network Agency may, in particular, request information necessary for
1. the systematic or case-by-case review of the obligations arising from this Act or on the basis of this Act,
2. the case-by-case review of obligations, where a complaint has been lodged with the Federal Network Agency, or it assumes for other reasons that an obligation has been breached, or it conducts investigations on its own initiative,
3. publishing quality and price comparisons of services for the benefit of end users, including information on actual, location-based network coverage under section 52(7), second sentence,
4. statistical purposes precisely specified by it,
5. the market definition and market analysis procedures under sections 10 and 11, and the regulatory order under section 13,
6. the market examination procedure for commitments under section 19 and for imposing access obligations where there are obstacles to replicability under section 22,
7. conducting the procedures in Part 9,
8. procedures for granting rights of use and reviewing the corresponding applications, or
9. the systematic or case-by-case review of compliance with statutory provisions on the assignment and use of numbers, and with the determinations made and conditions laid down by the Federal Network Agency concerning the assignment and use of numbers. Information under the second sentence, points 1 to 5, may not be requested before market access, or as a condition for market access. Where the information transmitted by the undertakings named in the first sentence is not sufficient for the Federal Network Agency to perform its regulatory functions, other undertakings active in telecommunications or in closely related sectors may also be required to provide information for the purposes named in the first and second sentences.
(2) Insofar as necessary for performing the functions assigned to it under this Act or its further functions and powers under section 191, the Federal Network Agency may, in respect of the undertakings named in subsection (1),
1. request information on their economic circumstances, in particular turnover figures, and
2. inspect and examine business documents during the usual operating or business hours. The Federal Network Agency may, in particular, request information from the undertakings named in subsection (1) on future network and service developments, where these developments may affect wholesale services that the undertakings make available to competitors. The Federal Network Agency may further require undertakings with significant market power on wholesale markets to submit accounting data relating to the retail markets associated with these wholesale markets.
(3) Insofar as necessary for performing the functions assigned to the Federal Network Agency in this Act, the Federal Network Agency may, in a dispute,
1. inspect passive network infrastructure of public utility networks on site,
2. request information from owners and operators of public utility networks on future developments of the networks and services, insofar as these developments may affect shared use of the passive network infrastructure of the owners and operators of public utility networks, and
3. in the cases under section 79(3), section 136(4), section 137(3), section 141(2), section 142(4), section 143(4), section 153(4), and section 154(4), inspect the security concepts, other concepts, or proof documents drawn up by operators of public utility networks, or parts of them.
(4) The Central Information Office of the Federation may require owners or operators of public telecommunications networks or telecommunications lines to provide the information necessary for performing its functions under
1. section 78(1), point 2, in conjunction with section 80, and
2. section 78(1), point 3, in conjunction with section 81. Where the information collected under the first sentence is not sufficient for the purposes of sections 80 and 81, the Central Information Office of the Federation may request information from other undertakings active in telecommunications or in closely related sectors that is necessary for performing the functions under section 78(1), point 2, in conjunction with section 80, and under section 78(1), point 3, in conjunction with section 81.
(5) The Federal Network Agency makes available to the Federal Ministry for Digital Affairs and State Modernisation, in a format suitable for further processing, data on the actual, location-based deployment of mobile networks under subsection (1), second sentence, point 3, in conjunction with section 52(7), second sentence, in particular data on local hotspots of dropped voice telephony connections, including undertaking-related data and trade and business secrets, insofar as this is necessary for performing its respective statutory functions. Preparing network coverage maps, while safeguarding trade and business secrets, also counts among the statutory functions.
(6) The Federal Network Agency orders the measures under subsections (1) to (3) by decision. The Central Information Office of the Federation requests the information under subsection (4) by decision. The decision must state the legal bases, the subject matter, and the purpose of the request for information. A request for information may cover several purposes. A reasonable period is to be set for providing the information. Transmission of the requested information takes place electronically and in a format suitable for further processing, unless otherwise ordered by the Federal Network Agency or the Central Information Office of the Federation. The Federal Network Agency and the Central Information Office of the Federation may make suitable specifications as to the form and intervals of transmission.