Transitional provisions

(1) Existing frequency and number assignments, and rights of way, granted under section 8 of the Telecommunications Act of 25 July 1996 (Federal Law Gazette I, p. 1120), remain effective. The same applies to previously acquired rights granting a use of frequencies.
(2) Rights and obligations issued on the basis of the Telecommunications Act of 25 July 1996 or of 22 June 2004 (Federal Law Gazette I, p. 1190) are deemed rights and obligations under this Act within the meaning of sections 202 and 212.
(3) Determinations made on market definitions and analyses under sections 10 and 11 of the Telecommunications Act of 22 June 2004 (Federal Law Gazette I, p. 1190) are deemed determinations under sections 10 and 11 of this Act.
(4) Section 71(2) does not apply until 30 June 2024 where the telecommunications service is provided in the course of a tenancy or lease relationship and the consideration is billed exclusively as operating costs.
(5) Either party may terminate a supply contract, concluded before 1 December 2021, for the supply of telecommunications services to buildings or to residential units located in buildings, on account of the restriction of apportionability under section 2, first sentence, point 15(a) and (b), of the Operating Costs Ordinance, at the earliest with effect from 1 July 2024, without observing a period of notice, insofar as the parties have not agreed otherwise for this case. The termination does not entitle the other party to damages.
(6) Until a price determination for premium services, directory enquiry services, or mass traffic services under section 123(7) enters into force, section 109 applies with the proviso that the price payable for using these services for calls from fixed networks is to be stated with a reference to the possibility of differing prices for calls from mobile networks, insofar as prices apply for calls from mobile networks that differ from the prices for calls from fixed networks.
(7) Until a price determination for mass traffic services under section 123(7) enters into force, section 110(3) applies with the proviso that the service provider must announce to the end user, immediately after use of the service, the price payable for using the service for calls from fixed networks, with a reference to the possibility of differing prices for calls from mobile networks; this also applies where the price exceeds EUR 1 per minute or use.
(8) The requirements of section 120(3) and (4) are to be satisfied no later than 1 December 2022.
(9) The Federal Network Agency may determine, by way of derogation from section 172(2), fourth and fifth sentences, that, for a transitional period of no more than twelve months after the entry into force of this Act, to be determined by it, the requirement of prior proof of conformity may be dispensed with.
(10) Determinations made by the Federal Network Agency before the entry into force of this Act under section 6(1), second sentence, of the Postal and Telecommunications Assurance Act of 24 March 2011 (Federal Law Gazette I, pp. 506, 941), as last amended by Article 12(3) of the Act of 21 December 2020 (Federal Law Gazette I, p. 3229), remain effective until replaced by new determinations under section 186(2), second sentence. Certificates issued under section 6(2), second sentence, of the Postal and Telecommunications Assurance Act continue to apply until expiry of the ten-year period of validity, or the shorter period of validity noted.
(11) The information available to the Federal Network Agency at the time this Act enters into force, under section 77a(2) in conjunction with (1), first sentence, of the Telecommunications Act of 25 July 1996 or of 22 June 2004 (Federal Law Gazette I, p. 1190), may continue to be used by the Central Information Office of the Federation, in accordance with the conditions for access under section 77a(3), fourth sentence, section 77b(6), third sentence, and section 77h(6), third sentence, of the Telecommunications Act of 22 June 2004, even after this Act enters into force, until a new obligation is brought about under section 79(2).
(12) The requirements under section 165(3) and section 171 are to be satisfied no later than 1 December 2022.
(13) The admissibility of an appeal against a court decision is governed by the provisions previously in force, where the court decision was pronounced, or served ex officio in place of pronouncement, before this Act enters into force.
(14) The previous provisions apply to applications under section 99(2) of the Code of Administrative Court Procedure submitted before this Act enters into force.
(15) Sections 6, 7(2), and 8, in the version applicable from 1 December 2021, apply for the first time to annual financial reports and activity statements for the financial year beginning after 31 December 2020.
(16) Section 174(3), point 8, and (5), point 8, and section 214(3) do not apply until a statutory instrument issued on the basis of section 4(3) and section 5(1) of the Critical Infrastructure Umbrella Act applies. Until that statutory instrument applies, section 174(3), point 8, and (5), point 8, and section 214(3), in the version applicable up to and including 16 March 2026, continue to apply.