Components of the frequency assignment

(1) The frequency assignment must, in particular, determine: 1. the nature and scope of the use of frequencies, insofar as this is necessary to ensure efficient and interference-free use of the frequencies, and 2. the general criteria for renewal of the frequency assignment under section 92(3), sixth sentence. In determining the nature and scope of the use of frequencies, international agreements on frequency coordination are to be observed.
(2) Where the Federal Network Agency attaches ancillary provisions to frequency assignments under subsection (3), first sentence, point 1, it may, in particular to ensure effective and efficient use of frequencies or to improve coverage, provide for, among other things, 1. the shared use of passive or active infrastructure for the use of radio frequencies, or of radio frequencies; 2. commercial roaming access agreements; and 3. the joint deployment of infrastructure for the provision of telecommunications networks or services based on radio frequencies. The Federal Network Agency ensures that the conditions attached to rights of use of frequencies do not impede shared use of radio frequencies. Implementation by undertakings of the conditions imposed under this subsection remains subject to the Competition Act.
(3) To ensure efficient and interference-free use of frequencies, the further regulatory objectives referred to in section 2, and the objectives of frequency regulation referred to in section 87, 1. the frequency assignment may be given ancillary provisions, and 2. the frequency, ancillary provisions to the frequency assignment, and the nature and scope of the use of frequencies may subsequently be amended, subject to the principle of proportionality. The circles concerned, including users and consumers, are given a sufficient period to set out their views on the planned amendments under the first sentence, point 2. The period under the second sentence is, as a general rule, at least four weeks, unless the planned amendments are minor. Amendments are published, stating the reasons. Where the amendments affect interests of the Länder 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.
(4) The frequency assignment may include indications of the parameters on which the Federal Network Agency has based its determinations of the nature and scope of the use of frequencies with regard to receiving installations. Where the notified parameters are not complied with, the Federal Network Agency will take no measures to address resulting disadvantages.
(5) Frequencies serving the transmission of broadcasting within the area of responsibility of the Länder are assigned, in consultation with the competent Land authority, subject to conditions ensuring that the broadcasting-law interests of the Länder are taken into account.
(6) Assigned frequencies may be used only with radio equipment complying with the Radio Equipment Act.