Assignment for alternative use of frequencies

(1) Where there is insufficient demand, at national or regional level, for the use of a frequency range of harmonised frequencies, the Federal Network Agency may, in accordance with Article 45(4) and (5) of Directive (EU) 2018/1972, assign such a frequency range, in whole or in part, for alternative use, provided that 1. the lack of demand for use of such a frequency range has been established after hearing the circles concerned, including a forward-looking assessment of market demand, and 2. the alternative use does not prevent or impair the availability or use of such a frequency range in other Member States of the European Union.
(2) The Federal Network Agency reviews, at regular intervals, of its own motion or on application by a party interested in harmonised use, whether the conditions continue to be satisfied. The Federal Network Agency informs the Federal Ministry for Digital Affairs and State Modernisation, the Commission, and the other Member States of the European Union of the decision taken, including its reasons, and of the outcome of the review of the decision.