Time coordination of frequency assignments

(1) The Federal Network Agency creates the conditions for the assignment of harmonised frequencies without delay, but no later than 30 months after the establishment of harmonised conditions through technical implementing measures under Decision No 676/2002/EC, or without delay after the revocation of a decision by which the Federal Network Agency assigned frequencies for alternative use under section 98 in exceptional cases.
(2) The Federal Network Agency may exceed the time limit under subsection (1) for a specific frequency range, 1. where this is justified by restricting use of the frequency range concerned on the basis of objectives of general interest under Article 45(5)(a) and (d) of Directive (EU) 2018/1972; 2. where there are unresolved cross-border coordination issues with States outside the European Union that give rise to harmful interference, provided the European Union has been requested to provide assistance under Article 28(5) of Directive (EU) 2018/1972; 3. to safeguard national security and defence interests; or 4. in the case of force majeure. The Federal Network Agency reviews an exceedance under the first sentence at least every two years.
(3) The Federal Network Agency may, where necessary, exceed the time limit under subsection (1) for a specific frequency range by up to 30 months in the following cases: 1. where there are unresolved cross-border coordination issues between Member States of the European Union that give rise to harmful interference, provided all necessary measures under Article 28(3) and (4) of Directive (EU) 2018/1972 are taken in good time; or 2. where technical difficulties arise in migrating a current user to another frequency range.
(4) In the case of an exceedance of the time limit under subsection (2) or (3), the Federal Network Agency informs the other Member States of the European Union and the Commission in good time, stating the reasons for the exceedance.