Fees and expenses; power to issue a statutory instrument

(1) The fees for decisions on the assignment of frequencies under sections 91 and 92 are to be determined, by way of derogation from section 9(1) of the Federal Fees Act, so that they ensure, as a steering purpose, optimal use and efficient use of these goods that serves the objectives of this Act. For fees for decisions on the assignment of broadcasting frequencies, the media-law policy objectives of the Länder are to be taken into account. The assessment of the fees is to be reviewed in accordance with the first sentence at regular intervals, but at least every five years, and adjusted where necessary. Fee decisions under the first sentence may provide for payment in instalments falling due annually. Where a frequency assignment lapses through waiver under section 102(8), a proportionate fee reduction should be granted where this results in more efficient use of frequencies. No fees are levied where frequencies are awarded by way of a procedure under section 100(5) and (6).
(2) The Federal Ministry for Digital Affairs and State Modernisation determines, in agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Finance, the fees under subsection (1), first sentence, and the fees factually connected with a frequency assignment, by a Special Fees Ordinance under section 22(4) of the Federal Fees Act. The Federal Ministry for Digital Affairs and State Modernisation may transfer the power to the Federal Network Agency by statutory instrument, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy. A statutory instrument under the second sentence, its amendment, and its repeal require the agreement of the Federal Ministry for Digital Affairs and State Modernisation, the Federal Ministry of Finance, and the Federal Ministry for Economic Affairs and Energy.
(3) The fees for decisions on the assignment of numbers may be determined in a Special Fees Ordinance under section 22(4) of the Federal Fees Act, by way of derogation from section 9(1) of the Federal Fees Act, so that they ensure, as a steering purpose, optimal use and efficient use of the numbers that serves the objectives of this Act.
(4) The bodies responsible for the upkeep of the way may, within their area of responsibility, issue rules under which fees and expenses covering only the administrative costs may be levied for granting consent decisions under section 127(1) for the use of public ways. Flat-rate charging is permissible.