Regulatory fine provisions

(1) A person commits a regulatory offence who intentionally or recklessly contravenes an enforceable order under section 203(4), first sentence, point 2.
(2) A person commits a regulatory offence who, intentionally or negligently, 1. contrary to section 4, fails to make information available, or does not do so correctly, completely, or in good time, 2. contrary to section 5(1), fails to make a notification, or does not do so correctly, completely, in the prescribed manner, or in good time, 3. contravenes an enforceable order under a) section 19(1), first sentence, in conjunction with section 18(1), first sentence, second half-sentence, point 2 or 3, section 25(1), (2), or (3), first sentence, section 29(4), second sentence, section 38(4), first or second sentence, section 44(3), second sentence, also in conjunction with section 46(6), section 46(5), section 47(1), first sentence, section 49(2), first half-sentence, section 50(4), first sentence, section 161(2), first sentence, or (3), first sentence, or section 188(1), b) section 47(3), section 104, or section 203(2), first sentence, point 1, or third sentence, or c) section 58(5), second sentence, section 123(1), (2), first or second sentence, (3), first sentence, (4), or (5), section 149(2), first sentence, or section 166(2), second sentence, or (4), first sentence, 4. fails to make a notification, or does not do so in good time, contrary to a) section 34(1), b) section 45(1) or section 76(2), point 4, or c) section 111(1), point 1, 5. charges a charge without authorisation under section 38(1), first sentence, 6. contravenes a statutory instrument under section 52(4) or section 108(6), first sentence, or an enforceable order based on such a statutory instrument, insofar as the statutory instrument refers, for a specific set of facts, to this regulatory-fine provision, 7. contrary to section 54(3), first sentence, also in conjunction with section 54(3), third sentence, fails to make a contract summary available, or does not do so in good time, 8. contrary to section 55(1), fails to make information available, or does not do so correctly, completely, or in good time, 9. contrary to section 57(2), first sentence, fails to inform the end user, or does not do so in good time, 10. contrary to section 58(2), first sentence, fails to draw up documentation, or does not do so in good time, 11. contrary to section 59(2), first sentence, fails to ensure that the service to the end user is not interrupted in the course of provider switching, 12. contrary to section 59(2), third sentence, interrupts the telecommunications service, 13. contrary to section 61(3), first sentence, refuses a service wholly or partly, 14. contrary to section 73(3), first sentence, refuses connection of telecommunications terminal equipment, 15. contrary to section 73(3), third sentence, fails to make access data or information available, or does not do so correctly, completely, in the prescribed manner, or in good time, 16. contrary to section 74(5), offers a service, 17. uses a frequency without a frequency assignment under section 91(1), first sentence, 18. exercises a German orbit or frequency use right without a transfer under section 95(2), first sentence, 19. contravenes an enforceable condition under section 99(3), first sentence, point 1, 20. contrary to section 109(1), first or second sentence, (2), first sentence, or (3), fails to state a particular, or does not do so correctly or completely, 21. contrary to section 109(2), third sentence, displays the price indication for a shorter time, 22. contrary to section 110(1), also in conjunction with section 110(2), first or second sentence, (3), first sentence, or (4), first or second sentence, fails to announce a price named there, or does not do so correctly, completely, or in good time, 23. contrary to section 112(1), (2), (4), or (5), first sentence, charges a price, 24. contrary to section 113(1), first sentence, also in conjunction with section 113(1), second sentence, fails to terminate a connection, or does not do so in good time, 25. contrary to section 114(1) or (3), second sentence, uses a dialer named there, 26. contrary to section 115(1), uses a holding queue, 27. contrary to section 115(2), first sentence, fails to ensure that the caller is informed, 28. contrary to section 119(1), second sentence, offers a reverse-charge call service, 29. contrary to section 120(1), first sentence, also in conjunction with section 120(5), first sentence, fails to ensure that a complete telephone number is transmitted and identified, 30. contrary to section 120(1), third sentence, also in conjunction with section 120(5), first sentence, or contrary to section 120(2), first or third sentence, sets up or transmits a telephone number named there, 31. contrary to section 120(1), fourth sentence, also in conjunction with section 120(5), first sentence, alters a transmitted telephone number, 32. contrary to section 120(3), first sentence, fails to ensure that a telephone number named there is not transmitted or displayed as the calling party's telephone number, 33. contrary to section 120(4), first sentence, fails to ensure that a telephone number named there is displayed only in the cases named there, 34. contrary to section 120(4), second sentence, first half-sentence, fails to ensure that the point of entry is marked, 35. contrary to section 164(1), second sentence, also in conjunction with section 164(2) or a statutory instrument under section 164(5), first sentence, point 2, fails to ensure that an emergency call connection is established, 36. contrary to section 164(1), third sentence, also in conjunction with section 164(2) or a statutory instrument under section 164(5), first sentence, point 3, or contrary to section 164(4), first sentence, fails to ensure that the telephone number or the data named there are transmitted, 37. contrary to section 164(3), first sentence, also in conjunction with a statutory instrument under section 164(5), point 6, fails to ensure that an emergency call connection named there is possible, 37a. contrary to section 164a(1), point 1, also in conjunction with a statutory instrument under section 164a(4), points 1, 2, or 3, fails to maintain a facility named there, or does not do so correctly, 37b. contrary to section 164a(1), point 2, also in conjunction with a statutory instrument under section 164a(4), points 1, 2, or 3, fails to ensure a transmission named there, 37c. contravenes an enforceable order under section 164a(2), also in conjunction with a statutory instrument under section 164a(4), points 1, 2, or 3, 38. contrary to section 166(2), first sentence, or (4), second sentence, or section 181, second sentence, fails to submit a security concept, or does not do so correctly, completely, or in good time, 39. contrary to section 168(1), first sentence, section 170(1), point 3(a), (2), point 2, or (3), first sentence, or section 175(1), second sentence, point 2, fails to make a notification or communication, or does not do so correctly, completely, or in good time, 40. contrary to section 169(1), first or second sentence, or (5), first sentence, fails to give a notification, or does not do so correctly, completely, or in good time, 41. contrary to section 169(3), first sentence, fails to keep the record named there, or does not do so correctly or completely, 42. contrary to section 170(1), first sentence, point 1, in conjunction with a statutory instrument under section 170(5), point 1(a), fails to maintain a technical facility or fails to take an organisational precaution, 43. contrary to section 170(1), first sentence, point 2, in conjunction with a statutory instrument under section 170(5), point 1(a), fails to provide a control capability, or does not do so in good time, or fails to enable control, or does not do so in good time, 44. contrary to section 170(1), first sentence, point 3(b), fails to name an authorised recipient for service within Germany, or does not do so in good time, 45. contrary to section 170(1), first sentence, point 5, fails to permit an examination, 46. contrary to section 170(1), first sentence, point 6, fails to tolerate the installation or operation of a technical means named there, or fails to grant access to such a technical means, 47. contrary to section 170(8), third sentence, fails to remedy a deficiency, or does not do so in good time, 48. contrary to section 170(9), first sentence, fails to provide a network termination point, or does not do so in the prescribed manner or in good time, 49. contrary to section 172(1), first sentence, also in conjunction with section 172(3), or contrary to section 172(4), fails to collect data named there, or does not do so correctly, completely, or in good time, fails to store them, or does not do so correctly, completely, or in good time, or fails to correct them, or does not do so correctly, completely, or in good time, 50. contrary to section 172(2), first sentence, fails to verify the accuracy of the data, or does not do so correctly, completely, or in good time, 51. contrary to section 172(5), second sentence, uses or processes incorrect data, 52. contrary to section 172(5), third sentence, fails to transmit a change, or does not do so correctly, completely, or in good time, 53. contrary to section 172(6), fails to delete data, or does not do so in good time, 54. contrary to section 173(2), first sentence, point 1, fails to ensure that the Federal Network Agency can retrieve data from the customer files at any time and by automated means, 55. contrary to section 173(2), second sentence, fails to ensure that the retrieved data cannot come to its knowledge, 56. contrary to section 174(6), second sentence, fails to maintain confidentiality, 57. contrary to section 176(8), fails to delete data, or does not do so in good time, or fails to ensure deletion, 58. contrary to section 177(2) or section 179(2), uses data named there for purposes other than those named there, 59. contrary to section 178, first sentence, fails to ensure that data are protected, 60. contrary to section 179(1), first sentence, fails to ensure that every access is logged, 61. contrary to section 182(1), first sentence, section 183(1), second sentence, or section 190(1), second sentence, fails to provide information, or does not do so correctly, completely, or in good time, 62. contrary to section 185(1), fails to maintain a telecommunications service, network operation, or a service, 63. contrary to section 186(1), fails to provide a connection or a transmission path, or does not do so in good time, or fails to repair faults in it, or does not do so in good time, or fails to expand a data transmission rate, or does not do so in good time, 64. contrary to section 187(2), first sentence, fails to take a precaution, or does not do so in good time, 65. contrary to section 187(2), second sentence, fails to reverse a precaution, or does not do so in good time, 66. contrary to section 187(2), third sentence, fails to give information, or does not do so correctly or in good time, 67. contrary to section 190(1), fifth sentence, fails to tolerate an examination, or 68. contrary to section 203(1), first sentence, fails to make information available, or does not do so correctly, completely, or in good time.
(3) A person commits a regulatory offence who infringes Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (OJ L 172, 30.6.2012, p. 10), as last amended by Regulation (EU) 2017/920 (OJ L 147, 9.6.2017, p. 1), by, intentionally or negligently, 1. contrary to Article 3(5), second sentence, failing to submit a draft, or not doing so in good time, 2. contrary to Article 5(1), second sentence, failing to comply with a request named there, or not doing so without delay after receipt of the request, 3. contrary to Article 6a, charging a charge named there, 4. contrary to Article 6e(1), second subparagraph, first sentence, levying a surcharge, 5. contrary to Article 6e(1), third subparagraph, first or third sentence, incorrectly billing a charge, 6. contrary to Article 6e(1), third subparagraph, second sentence, applying a different minimum billing duration, 7. contrary to Article 11, altering a technical feature, 8. contrary to Article 14(1), first subparagraph, failing to provide price information named there, or not doing so correctly, completely, in the prescribed manner, or in good time, 9. contrary to Article 15(2a), first sentence, in conjunction with the second sentence, failing to send a notification, or not doing so in good time, 10. contrary to Article 15(3), sixth subparagraph, first sentence, failing to ensure that a notification named there is transmitted, 11. contrary to Article 15(3), seventh subparagraph, third sentence, failing to cease provision or billing of a service named there, or not doing so in good time, 12. contrary to Article 15(3), eighth subparagraph, failing to make a change named there, or not doing so in good time, or 13. contrary to Article 16(4), second sentence, failing to transmit information, or not doing so correctly, completely, or in good time.
(4) A person commits a regulatory offence who infringes Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012 (OJ L 310, 26.11.2015, p. 1), as last amended by Regulation (EU) 2018/1971 (OJ L 321, 17.12.2018, p. 1), by, intentionally or negligently, 1. contrary to Article 3(2), as a provider of internet access services, entering into an agreement or applying a commercial practice, 2. contrary to Article 3(3), third subparagraph, first half-sentence, applying a traffic management measure named there, 3. contrary to Article 4(1), first subparagraph, first sentence, failing to ensure that a contract named there contains the particulars named there, 4. contravening an enforceable order under Article 5(1), first subparagraph, second sentence, 5. contrary to Article 5(2), failing to submit information named there, or not doing so correctly, completely, or in good time, or failing to transmit it, or not doing so correctly, completely, or in good time, 6. contrary to Article 5a(2), second sentence, failing to inform a consumer, or not doing so correctly, completely, or in good time, or 7. contrary to Article 5a(5), first sentence, also in conjunction with the third sentence, as a provider of regulated intra-EU communications, failing to determine an upper limit named there, or not doing so correctly or in good time.
(5) A person commits a regulatory offence who, as a provider of regulated intra-EU communications under Article 2(2), point 3, of Regulation (EU) 2015/2120, intentionally or negligently, 1. charges a consumer a retail price exceeding the retail price named in Article 5a(1) of Regulation (EU) 2015/2120, 2. fails to ensure that a tariff change named in Article 5a(3) of Regulation (EU) 2015/2120 is carried out, or 3. fails to ensure that a consumer can change free of charge to or from a tariff named in Article 5a(4) of Regulation (EU) 2015/2120.
(6) The regulatory offence may be penalised 1. in the cases under a) subsection (2), point 19, b) subsection (3), points 3 and 4, and subsection (5), point 1, and c) subsection (4), points 1, 2, and 4, with a fine of up to one million euros, 2. in the cases under subsection (2), point 3(a), point 4(a), points 17, 42, 43, 47, 54, and 57 to 59, with a fine of up to five hundred thousand euros, 3. in the cases under subsection (2), points 10, 37 to 38, 46, 49, 50, 53, and 60, with a fine of up to three hundred thousand euros, 4. in the cases under subsection (2), point 3(c), points 6 to 8, 14 to 16, 20 to 36, 40, 61, 63 to 66, and 68, subsection (3), points 1, 2, and 8, subsection (4), points 3 and 6, and subsection (5), points 2 and 3, with a fine of up to one hundred thousand euros, 5. in the cases under subsection (2), points 11, 18, and 56, with a fine of up to fifty thousand euros, and 6. in the remaining cases under subsections (1) to (4), with a fine of up to ten thousand euros.
(7) Against a legal person or association of persons with a total turnover of more than EUR 50 million, a regulatory offence under subsection (2), point 19, may, by way of derogation from subsection (6), point 1(a), in conjunction with section 30(2), second sentence, of the Act on Regulatory Offences, be penalised with a fine of up to 2 percent of total turnover.
(8) Against a legal person or association of persons with a total turnover of more than EUR 100 million, a regulatory offence under subsection (4), points 1, 2, or 4, may, by way of derogation from subsection (6), point 1(c), in conjunction with section 30(2), second sentence, of the Act on Regulatory Offences, be penalised with a fine of up to 1 percent of total turnover.
(9) Total turnover within the meaning of subsections (7) and (8) is the sum of all revenue that the legal person or association of persons achieved worldwide in the financial year preceding the authority's decision. The total turnover of all undertakings affiliated or combined with the legal person or association of persons under section 3, point 69, is to be included in the total turnover. Total turnover may be estimated.
(10) The administrative authority within the meaning of section 36(1), point 1, of the Act on Regulatory Offences is the Federal Network Agency.
(11) The Federal Network Agency is the competent enforcement authority for the procedure for imposing a fine. Enforcement of the fine imposed in the court regulatory-offence procedure, and of the sum of money whose confiscation was ordered under section 29a of the Act on Regulatory Offences, is carried out by the Federal Network Agency as enforcement authority, on the basis of a certified copy of the operative part of the judgment, bearing a certificate of enforceability, to be issued by the recording clerk of the court registry, in accordance with the provisions on enforcement of regulatory-fine notices. The fines, and the sums of money whose confiscation was ordered under section 29a of the Act on Regulatory Offences, accrue to the Federal Treasury, which also bears the costs imposed on the state treasury.