Decisions of the Decision Chambers

(1) The Federal Network Agency decides through Decision Chambers in the cases under Part 2, section 91(9), and sections 100 and 101. Subsection (4), first sentence, remains unaffected. The decision is issued as an administrative act. The Decision Chambers, with the exception of subsections (2) and (4), are constituted as determined by the Federal Ministry for Digital Affairs and State Modernisation in agreement with the Federal Ministry for Economic Affairs and Energy.
(2) The Federal Network Agency decides through Decision Chambers, as the national dispute resolution body, in the cases under section 72, section 128(4), section 134(5), and section 149. The decision is issued as an administrative act. National dispute resolution bodies are constituted as determined by the Federal Ministry for Digital Affairs and State Modernisation in agreement with the Federal Ministry for Economic Affairs and Energy.
(3) The Decision Chambers decide with a chair and two associate members. The chair and the associate members must have obtained the qualification for a career in the higher civil service. At least one member of the Decision Chamber must have the qualification for judicial office.
(4) In the cases under section 91(9) and sections 100 and 101, section 3(1), first sentence, and (2) of the Act on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways applies correspondingly to the composition of the Decision Chamber; subsection (3), second and third sentences, does not apply in this respect. The decision in the cases under section 100(4), points 2 and 4, is made in consultation with the Advisory Council.
(5) To preserve a uniform decision-making practice in cases of comparable or related facts, and to ensure the consistency requirement under section 38(5), second sentence, point 1, the Federal Network Agency's rules of procedure must provide for procedures establishing comprehensive coordination, information, and reporting duties for the respective Decision Chambers and departments before decisions are issued. Insofar as decisions of the Decision Chambers under sections 24 to 32(2), under section 38, or under section 49 are concerned, the rules of procedure must ensure that determinations under sections 10 and 11 are made by the President's Chamber.
(6) By way of derogation from section 209(1), decisions of the Decision Chambers are to be served on the parties in accordance with the provisions of the Administrative Service of Documents Act. Decisions of a Decision Chamber issued against a party abroad are served by the Federal Network Agency on the persons whom the party has named to the Federal Network Agency as authorised recipients for service within Germany. Where the party has not named authorised recipients for service within Germany, the Decision Chamber serves the decision by publication in the Federal Gazette or effects service abroad under section 9 of the Administrative Service of Documents Act.
(7) Where a procedure is not concluded with a decision served on the parties under subsection (6), the parties are to be notified of the conclusion of the procedure.