Power to issue a statutory instrument

(1) The Federal Government is empowered to determine the frequency allocations for the Federal Republic of Germany, and further determinations relating to them, in a Frequency Ordinance. In doing so, the interests of internal and external security are to be taken into account. The Frequency Ordinance requires the consent of the Bundesrat. The circles affected by frequency allocations are to be involved in its preparation. The Frequency Ordinance may include provisions on how frequencies becoming available for analogue radio broadcasting on VHF are to be dealt with.
(2) In frequency allocation, the relevant international agreements, including the Radio Regulations, European harmonisation, and technical development are to be taken into account. Where provisions on uses of frequencies and related detailed determinations are also affected in the context of frequency allocation, restrictions are permissible only for the reasons stated in Article 45(4) and (5) of Directive (EU) 2018/1972.
(3) The Federal Government is empowered to determine frequency allocations, and further determinations relating to them, insofar as they are necessary to secure the performance of the functions of the Bundeswehr and of the authorities and organisations with security functions in a state of tension or a state of defence, in a special Frequency Ordinance that does not require the consent of the Bundesrat. The provisions of the special Frequency Ordinance under the first sentence apply only upon a declaration of a state of tension under Article 80a of the Basic Law or a state of defence under Article 115a of the Basic Law.