Frequency Plan

(1) On the basis of the frequency allocations and determinations in the Frequency Ordinance under section 89(1), the Federal Network Agency divides the frequency ranges into uses of frequencies and related terms of use (Frequency Plan). In doing so, it involves the federal and Land authorities concerned, the circles concerned, and the public, and has regard to the regulatory objectives of section 2 and the objectives of frequency regulation under section 87. The Federal Network Agency establishes agreement with the competent supreme Land and federal authorities insofar as 1. capacities allocated to the field of public security, or 2. capacities allocated to broadcasting on the basis of broadcasting-law determinations for the transmission of broadcasting within the area of responsibility of the Länder, are affected. Section 88(3) remains unaffected.
(2) Where the Federal Network Agency finds, after the expiry of three years from the determination of a use of frequencies, that a frequency assignment within the meaning of the determination of the Frequency Plan has not been made, it may, after hearing the parties concerned, revoke or amend the corresponding determination in accordance with the determinations in the Frequency Ordinance under section 89(1). Subsection (1), third sentence, does not apply.
(3) The use of frequencies and the terms of use are described by technical, operational, or regulatory parameters. These parameters may also include particulars of usage restrictions and of planned uses.
(4) The Frequency Plan and its amendments are to be published.
(5) Frequencies for wireless network access to telecommunications services are to be designated in such a way that all technologies intended for this purpose may be used and all types of telecommunications services are permitted. Subsection (6) remains unaffected.
(6) Section 89(2) applies correspondingly.