Frequency assignment for broadcasting, aviation, maritime shipping, inland waterway shipping, and safety-related radio applications

(1) For the assignment of frequencies for the transmission of broadcasting within the area of responsibility of the Länder, agreement is to be established with the competent Land authority, in addition to the conditions of section 91, on the basis of the broadcasting-law determinations. The respective Land authority notifies the Federal Network Agency of the coverage need for broadcasting within the area of responsibility of the Länder. The Federal Network Agency implements these notified needs in the frequency assignment under section 91. The Federal Network Agency determines further details of the procedure on the basis of the broadcasting-law determinations of the competent Land authorities. Frequencies allocated to the broadcasting service in the Frequency Plan may be used for purposes other than the transmission of broadcasting within the area of responsibility of the Länder, where the capacity allocated to broadcasting on the basis of the broadcasting-law determinations remains available to it. For this purpose, the Federal Network Agency establishes agreement with the competent Land authorities. Where the competent Land authority has allocated the content occupancy of an analogue or digital use of frequencies for the transmission of broadcasting within the area of responsibility of the Länder to a content provider for sole use, that content provider may conclude a contract with a transmission network operator of its choice, provided it is ensured that the broadcasting-law determinations have been complied with. Where the transmission network operator satisfies the conditions for assignment, the Federal Network Agency assigns it the frequency on application. The frequency assignment is to be limited to the duration of the broadcasting-law allocation of the competent Land authority, and may be renewed where that allocation continues. In the case of multiplexes occupied by several content providers, the Federal Network Agency selects the transmission network operator only where the content providers determined under Land law are unable to agree on a transmission network operator before the multiplex starts. The competent Land authority notifies the Federal Network Agency of the outcome of the agreement procedure. Where the content providers determined under Land law have been unable to agree on a transmission network operator, the body competent under Land law requests the Federal Network Agency to initiate a procedure for selecting a transmission network operator.
(2) Uses of frequencies by the Federal Ministry of Defence, in frequency ranges designated in the Frequency Plan exclusively for military uses, do not require a frequency assignment.
(3) Frequencies designated for maritime and inland waterway shipping and for aviation, and used for the corresponding purposes on foreign water or air vehicles present within the territorial scope of this Act, are deemed assigned. This applies only to frequencies used on the basis of a valid national permit of the country in which the vehicle is registered.
(4) For frequencies designated for the radio communications of authorities and organisations with security functions (BOS radio), the Federal Ministry of the Interior determines, in consultation with the competent supreme Land authorities, in a directive: 1. the responsibilities of the authorities involved; 2. the procedure for recognition as a person entitled to participate in BOS radio; 3. the procedure and responsibilities for processing applications for frequency assignment within the authorities and organisations with security functions; 4. the principles for frequency planning and the procedures for frequency coordination within the authorities and organisations with security functions; and 5. the rules for radio operation and for cooperation between frequency users in BOS radio. The directive is to be coordinated with the Federal Network Agency, in particular as regards the first sentence, points 4 and 5. The Federal Ministry of the Interior confirms, in individual cases, after hearing the respective competent supreme federal or Land authorities, whether an applicant belongs to the group of persons recognised as entitled under the first sentence.
(5) The Federal Network Agency assigns frequencies for use of the aeronautical radio service where the decisions required under aviation law from the Federal Supervisory Authority for Air Navigation Services are available. The responsibility of the Federal Network Agency determined under section 91, and its powers of intervention, remain unaffected.
(6) Frequencies for use by coastal radio stations of the vessel traffic and port radio service are assigned only where the consent of the Federal Waterways and Shipping Administration is available.