Time-limitation and renewal of the frequency assignment

(1) Frequencies are, as a rule, assigned for a limited period. The time limitation must be appropriate to the use concerned and give due regard to amortisation of the investment necessary for it.
(2) A time-limited assignment is to be renewed where the conditions for a frequency assignment under section 91(5) are satisfied. This is without prejudice to the third sentence and to subsection (3). Section 91(9) applies correspondingly, on the basis that, in the case of harmonised frequencies, the following are to be taken into account, in particular, in exercising the discretion under section 91(9), first sentence: 1. satisfaction of the objectives laid down in sections 2 and 87, and of objectives of general interest under the law of the European Union or national law; 2. implementation of a technical implementing measure under Article 4 of Decision No 676/2002/EC; 3. ensuring proper and timely compliance with the conditions attached to the right of use of frequencies concerned; 4. the need to promote competition and avoid distortions of competition, in accordance with section 105; 5. the need to make the use of frequencies more efficient in view of technological and market developments; 6. the need to prevent significant interference with services; and 7. demand for frequencies from undertakings other than those holding rights of use in the frequency range concerned.
(3) Harmonised frequencies for wireless broadband services are assigned for at least 15 years. By way of derogation from the first sentence, the Federal Network Agency may set a shorter time limitation for 1. limited geographic areas with extremely patchy or no access to high-speed networks; 2. specific short-term projects; 3. uses of frequencies that can coexist with wireless broadband services having regard to the objectives of Article 45(4) and (5) of Directive (EU) 2018/1972; 4. alternative use of the frequency under section 98; or 5. aligning the term of a right of use of frequencies with the term of other rights of use of frequencies. The assignment is to be renewed where the general criteria determined under section 99(1), first sentence, point 2, in conjunction with the sixth sentence, are satisfied. The assignment is to be renewed for an appropriate period so that the regulatory framework for investment in network infrastructure for the use of such frequencies is predictable for the holders of the rights of use of frequencies for a period of at least 20 years. This is without prejudice to subsection (2). The general criteria for renewal relate to 1. ensuring efficient and interference-free use of the frequencies concerned; 2. achieving the objectives of section 87(2), points 1 and 2; 3. protection of human life; 4. ensuring public security and order; 5. safeguarding national security and defence interests; and 6. ensuring competition on equal terms.
(4) The Federal Network Agency decides on renewal in good time before expiry of the term. For this purpose, the Federal Network Agency examines, of its own motion or on application by the rights holder, the need for such renewal. In the case of a time limitation of assignments of harmonised frequencies, the Federal Network Agency decides on renewal, on application by the rights holder, no earlier than five years before expiry of the term of the rights concerned. In the case of a time limitation of assignments of harmonised frequencies for wireless broadband networks and services, the Federal Network Agency carries out, no later than two years before expiry of the term of the rights concerned, an objective and forward-looking assessment of compliance with the criteria determined under section 99(1), first sentence, point 2, in conjunction with subsection (3), sixth sentence.
(5) On renewal of a frequency assignment, the Federal Network Agency may, to secure the regulatory objectives under sections 2 and 87, retain, revoke, amend, or newly determine the nature and scope of the use of frequencies and ancillary provisions under section 99. In the case of a renewal under subsection (3), the nature and scope of the use of frequencies and the ancillary provisions should be retained, unless their retention is no longer necessary or an amendment or new imposition is required to secure the regulatory objectives of sections 2 and 87.