(1) Where disputes arise, in connection with obligations under this Act or on the basis of this Act, between undertakings that operate public telecommunications networks or provide publicly available telecommunications services, or between these and other undertakings that benefit from access or interconnection obligations under this Act or on the basis of this Act, the Decision Chamber, insofar as not otherwise statutorily regulated, makes a binding decision on application by a party, after hearing the parties. It must decide on the dispute within a period of no more than four months, beginning with the referral by one of the parties to the dispute.
(2) Where a dispute in an area falling under this Act, between undertakings in different Member States of the European Union, falls within the competence of the national regulatory authorities of more than one Member State of the European Union, either party may refer the dispute to the relevant national regulatory authority. Where the dispute falls within the competence of the Federal Network Agency, it coordinates its measures with the competent national regulatory authorities of the other Member States of the European Union concerned. The Decision Chamber makes its decision in consultation with the relevant national regulatory authority within the period named in subsection (1).
(3) In the case of a dispute under subsection (2) that affects trade between the Member States of the European Union, the Federal Network Agency notifies the dispute to BEREC, in order to resolve it durably in accordance with the objectives named in section 2. The Decision Chamber does not make its decision before BEREC, following a notification under the first sentence, has given its opinion, in which it requests the Federal Network Agency or the competent national regulatory authority to take, or refrain from taking, specific measures so that the dispute is resolved within four months at the latest. Section 207 remains unaffected by this.
(4) Sections 202 to 207, 211, and 213 to 217 apply correspondingly.
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Part 11 · Federal Network Agency and Other Competent Authorities › Division 3 · Procedure › Section 212
Other disputes between undertakings
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