Criteria for charge approval

(1) The Federal Network Agency approves charges submitted under section 38(1), first sentence, or (3), second sentence,
1. by reference to the criteria of section 37,
2. on the basis of the costs of efficient service provision attributable to the individual services under section 42, or
3. on the basis of a different approach; such an approach requires particular justification. Irrespective of the applicable criterion for charge approval, approved charges must not be abusive within the meaning of section 37; section 37 applies correspondingly to charges approved under section 38(3), second sentence.
(2) The Federal Network Agency determines which criterion for charge approval under subsection (1) is best suited to achieving the objectives of section 2. In the case of subsection (1), first sentence, point 3, section 42(2) and (3) applies correspondingly where cost-oriented approaches are applied. The Federal Network Agency may determine the criterion for charge approval as part of the regulatory order under section 13.