Frequency assignment

(1) Every use of frequencies requires a prior frequency assignment, unless otherwise provided in this Act. Frequency assignment is made for a specified purpose in accordance with the Frequency Plan and in a non-discriminatory manner, on the basis of comprehensible and objective procedures. A frequency assignment is not required where the rights of use of frequencies can be exercised on the basis of some other statutory provision. Where authorities require the use of frequencies already assigned to others in order to exercise statutory powers, and no significant impairment of use is to be expected from that use, the use is permitted, subject to compliance with the framework conditions determined by the Federal Network Agency in consultation with the parties requiring the frequencies and the rights holders, without a frequency assignment being required for this.
(2) Frequencies are, as a rule, assigned by the Federal Network Agency of its own motion as general assignments for use by the general public, or by a group of persons determined or determinable by general characteristics. The general assignment is to be published.
(3) Insofar as a general assignment is not possible, frequencies for individual uses of frequencies are individually assigned by the Federal Network Agency, on application, to natural persons, legal persons, or associations of persons, insofar as a right may be held by them. In choosing between general and individual assignment, the Federal Network Agency takes into account 1. the specific characteristics of the radio frequencies concerned, 2. the need to protect against harmful interference, 3. insofar as necessary, the creation of reliable conditions for shared use of frequencies, 4. the need to ensure the technical quality of communication and of services, 5. objectives of general interest consistent with Union law, and 6. the need to preserve the efficient use of radio frequencies. The decision on granting rights of use intended for the provision of telecommunications services is to be published.
(4) The application for individual assignment under subsection (3) is to be made in writing or electronically. The application must specify the area in which the frequency is to be used. Satisfaction of the subjective conditions for frequency assignment must be demonstrated with regard to efficient and interference-free use of frequencies and further conditions under Annex I, Part D, to Directive (EU) 2018/1972. The Federal Network Agency may require the applicant to submit a frequency use plan setting out how the applicant will ensure efficient and interference-free use of frequencies under the third sentence. The Federal Network Agency decides on complete applications within six weeks. Applicable international agreements on the use of frequencies and orbital positions remain unaffected by this time limit.
(5) Frequencies are assigned where 1. they are designated for the intended use in the Frequency Plan, 2. they are available, 3. compatibility with other uses of frequencies is given, and 4. efficient and interference-free use of frequencies by the applicant is ensured. A frequency assignment may be refused, in whole or in part, where the use intended by the applicant is incompatible with the regulatory objectives under sections 2 and 87. Where interests of the Länder are affected in the transmission of broadcasting within the area of responsibility of the Länder, agreement is to be established with the competent Land authority on the basis of the broadcasting-law determinations.
(6) The applicant has no claim to a specific individual frequency.
(7) The holder of the frequency assignment must notify the Federal Network Agency without delay of the commencement and termination of the use of frequencies. Changes of name, changes of address, direct and indirect changes in ownership, including in affiliated undertakings, and identity-preserving conversions must also be notified to the Federal Network Agency.
(8) Where rights of use of frequencies are to pass by individual or universal succession, the holder of the frequency assignment must apply to the Federal Network Agency without delay, in writing or electronically, for this amendment of the frequency assignment, submitting corresponding evidence. In these cases, frequencies may continue to be used pending the decision on the application for amendment. The application for amendment must be granted where 1. the conditions for a frequency assignment under subsection (5) are satisfied, 2. no distortion of competition on the relevant product and geographic market is to be feared, and 3. efficient and interference-free use of frequencies is ensured. Where frequency assignments are no longer used, the holder of the frequency assignment must declare a waiver of them without delay, in accordance with section 102(8). Where a legal person to which frequencies were assigned is dissolved without a legal successor, the person carrying out the dissolution must return the frequencies. Where a natural person dies without an heir wishing to continue using the frequencies, they must be returned by the heir or by the estate administrator.
(9) Where there are insufficient available frequencies for frequency assignments, or where several applications have been made for particular frequencies, the Federal Network Agency may order that the assignment of the frequencies be preceded by an award procedure under section 100. The conditions for an individual assignment under subsection (5) remain unaffected by this. The circles concerned are to be heard before the decision. The decision of the Federal Network Agency is to be published.