Frequency use contribution

(1) The Federal Network Agency levies annual contributions to cover its costs for the administration, monitoring, and enforcement of general assignments and rights of use in the field of the use of frequencies and orbits under this Act or the statutory instruments based on it. This also includes, in particular, the Federal Network Agency's costs for 1. planning and updating the use of frequencies, including the necessary measurements, examinations, and compatibility studies to ensure efficient and interference-free use of frequencies, and 2. international cooperation, harmonisation, and standardisation.
(2) The parties liable to the contribution are those to whom frequencies are assigned. The shares of the costs are allocated to the individual user groups arising from the frequency allocation, as far as possible in proportion to the expenditure caused. A liability to the contribution also exists where a frequency is used on the basis of other administrative acts or permanently without an assignment. This applies, in particular, to rights granted up to 1 August 1996, insofar as they contain determinations on the use of frequencies.
(3) The costs to be covered under subsection (1) do not include costs for which the following fees or contributions are already levied under the provisions named, as amended from time to time, and under the statutory instruments based on these provisions: 1. a fee under section 223, 2. fees under the Special Fees Ordinances of the Federal Ministry for Digital Affairs and State Modernisation, in agreement with the Federal Ministry for Economic Affairs and Energy, under section 22(4) of the Federal Fees Act, 3. contributions under section 31 of the Electromagnetic Compatibility Act, or 4. contributions under section 35 of the Radio Equipment Act.
(4) The Federal Ministry for Digital Affairs and State Modernisation is empowered, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy, to lay down details by statutory instrument not requiring the consent of the Bundesrat, in accordance with the preceding subsections, on 1. the group of parties liable to the contribution, 2. the contribution rates, 3. the calculation of the contribution, and 4. the procedure for levying the contribution, including the method of payment. The share of costs attributable to the general public interest is to be taken into account as reducing the contribution. The Federal Ministry for Digital Affairs and State Modernisation may transfer the power under the first sentence to the Federal Network Agency by statutory instrument, while ensuring the agreement requirement. A statutory instrument of the Federal Network Agency, 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.