Connection of telecommunications terminal equipment

(1) Access to public telecommunications networks at fixed locations is to be installed at a suitable point to be agreed with the end user. This access is a passive network termination point; the public telecommunications network ends at the passive network termination point. For mobile networks, the air interface is, as a rule, the network termination point.
(2) The Federal Network Agency may, by general order, permit exceptions to subsection (1). In doing so, it takes the fullest possible account of the guidelines prepared by BEREC under Article 61(7) of Directive (EU) 2018/1972, and safeguards freedom of terminal equipment choice under Article 3(1) of Regulation (EU) 2015/2120. The Federal Network Agency gives the undertakings, professional circles, and consumer associations concerned the opportunity to comment before adopting the general order.
(3) Operators of public telecommunications networks and providers of publicly available telecommunications services may not refuse the connection of telecommunications terminal equipment to the public telecommunications network where the telecommunications terminal equipment satisfies the essential requirements under Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OJ L 96, 29.3.2014, p. 79). They may make telecommunications terminal equipment available to the end user, but may not make its connection and use mandatory. They must provide the end user, in textual form, without being asked and free of charge, upon conclusion of the contract, with the access data and information necessary for connecting telecommunications terminal equipment and using the telecommunications services.
(4) Anyone intending to operate telecommunications terminal equipment on public telecommunications networks must ensure that it is connected in a proper manner.
(5) Where a device whose conformity with the requirements of section 4 of the Electromagnetic Compatibility Act of 14 December 2016 (Federal Law Gazette I, p. 2879), as amended by Article 3(1) of the Act of 27 June 2017 (Federal Law Gazette I, p. 1947), has been certified, causes serious damage to a telecommunications network, harmful interference with network operation, or harmful radio interference, the Federal Network Agency may permit the operator of public telecommunications networks to refuse connection, terminate the connection, or discontinue the service for that device. The Federal Network Agency notifies the Federal Ministry for Economic Affairs and Energy and the Federal Ministry for Digital Affairs and State Modernisation of the measures it has taken.
(6) The operator of a public telecommunications network may disconnect telecommunications terminal equipment from the telecommunications network in an emergency without prior permission only where 1. protection of the telecommunications network requires immediate disconnection of the telecommunications terminal equipment, and 2. an alternative solution can be offered to the user without delay and free of charge.
(7) The operator of a public telecommunications network notifies the Federal Network Agency without delay of the disconnection of telecommunications terminal equipment from the telecommunications network.
(8) The Federal Network Agency takes the necessary measures against operators of public telecommunications networks to ensure the connection of telecommunications terminal equipment, where the operators 1. refuse to connect telecommunications terminal equipment to their telecommunications networks, or 2. have disconnected connected telecommunications terminal equipment from the telecommunications network without the conditions of subsection (5) or (6) being satisfied.