Non-discrimination; taking into account the interests of end users with disabilities

(1) Operators of public telecommunications networks and providers of publicly available telecommunications services may not apply, vis-à-vis end users, differing requirements or general terms for access to, or use of, networks or services that are based on the nationality, residence, or place of establishment of the end user, unless such differing treatment is objectively justified.
(2) The interests of end users with disabilities must be taken into account by providers of publicly available telecommunications services in planning and providing their services. Access equivalent to that enjoyed by the majority of end users must be made possible. Access to telecommunications services must be available to end users with disabilities at all times. The same applies to the choice of undertakings and services.
(3) After hearing the associations and undertakings concerned, the Federal Network Agency determines the needs under subsection (2) arising from the needs of end users with disabilities. To ensure the service and service features, the Federal Network Agency is empowered to impose obligations on undertakings. The Federal Network Agency may refrain from imposing such obligations where a hearing of the circles concerned shows that these service features, or comparable services, are considered to be widely available.
(4) Providers of voice communications services provide, at all times, relay services for deaf and hearing-impaired end users, at an affordable price, having regard to their particular needs. The Federal Network Agency determines the need for these relay services, involving the associations and undertakings concerned. Insofar as undertakings do not provide a relay service meeting that need, the Federal Network Agency commissions a service provider to provide a relay service at an affordable price. In doing so, it may set a limit up to which use of the relay service is free of charge for users. The costs of this provision not covered by the charges payable by users are borne by the undertakings that do not provide a relay service meeting the need. The share of these costs to be borne by a given undertaking is determined according to the ratio of that undertaking's share of outgoing connections to the total volume of outgoing connections provided by all undertakings liable to pay, and is fixed by the Federal Network Agency. The payment obligation does not apply to undertakings that have provided less than 0.5 per cent of the total volume of outgoing connections; the share of costs attributable to those undertakings is borne by the other undertakings in accordance with the sixth sentence. The Federal Network Agency lays down the details of the procedure for determining charges and bearing costs.