On Wednesday, the federal cabinet launched the government draft for a law to accelerate the expansion of telecommunications networks. The government wants to ensure that broadband lines are laid more quickly and dead spots are closed more quickly. For this purpose, procedures should be made less bureaucratic, approvals should be granted more easily and the necessary data should be used more efficiently. The draft still has to go through the Bundesrat and the Bundestag.
Advertisement
UK regulator: TikTok fined millions for error in child protection information
The key Federal Ministry of Digital and Transport (BMDV) presented the draft bill for the “TK Network Expansion Acceleration Act” (TK-NABEg) in August. But for months it was unable to reach an agreement with the environment ministry on whether the expansion – especially with the help of cell phone masts – should be defined as “in the paramount public interest”. In this case, nature and monument protection may have to take a back seat. In June, several business organizations finally called on Chancellor Olaf Scholz (SPD) to move Germany forward as a digital space.
The result is a middle path: Paragraph 1 of the Telecommunications Act (TKG) should be louder Government Viewpoint The clause will be expanded in the future as follows: “The transfer and modification of telecommunications lines to expand the public telecommunications network until the end of December 31, 2030 is in the broad public interest.” But then it gets complicated: this clause should only be applied “as part of the review of the nature protection law” “if the transfer or modification is carried out by the mobile network operator to cover an area in which it does not provide continuous, uninterrupted access to voice and broadband data services of public mobile communication”.
There is no right for fiber optics in the nature reserve
BMDV wants the agreement to be understood as follows: “The definition of telecommunications network expansion in the paramount public interest applies to all expansion projects in all approval processes and thus strengthens network expansion where previously it was undermined by other equally important concerns.” There is only one restriction in the nature conservation process: there, “only the construction of cell phone masts for the uninterrupted supply of broadband telecommunications services is in the paramount public interest.”
The law’s explanatory memorandum states that the proposed TKG route underlines the importance of the extension “particularly in the interest of accelerated planning and approval of infrastructure, which is necessary to achieve the goals of the federal government’s Gigabit strategy.” The government is aiming for fiber optics and 5G for all by 2030. The government explains that the underlying deadline is based on this. The exception to the paramount public interest in the case of protected areas under the Nature Conservation Law takes into account the “great importance of the protected objects affected there.” The BMDV must evaluate the effects of the section after three years, and the states must collect the necessary data for this purpose.
Industry bodies are unhappy
Digital Minister Volker Wissing (FDP) insisted, “We are sending an important signal to the economy that we are pushing digitalization forward strongly.” However, industry associations reacted with disappointment. In practice, fiber optic expansion will not benefit from the agreement, complains the Federal Association of Broadband Communications (Breco). Because in the context of nature conservation reviews, the “paramount public interest” should only apply to mobile phone expansion. By doing so, the government is making it clear that “fiber optic expansion is clearly no longer a priority for them.”
VATM, which Telecom’s competitors have joined, also complains about the “half-baked agreement”. The expected liberation for fiber optic and mobile communications expansion will not materialize. At least in the mobile communications sector one can expect greater speed and plan security.
The scope of application of the mentioned section is too narrow, criticizes the Federal Association of Fiber Optic Connections (BUGLAS). At the same time, the excessive interest “should apply unrestrictedly to the fiber optic network, not only as the best connection for cell phone masts.”
The right to deduction has been made more concrete
The federal government wants to establish the Gigabit Land Register in TKG as a uniform information portal. The scope, storage and provision of information should be clearly structured and regulated. The government wants to reduce the timelines for approval of expansion projects. According to the plan, the Federal Network Agency will be authorized to require railway companies to provide uninterrupted mobile phone coverage near the tracks. If providers do not provide guaranteed bandwidth, customers should be able to reduce the contractually agreed fee by at least 10 percent. This is much more than the previous requirement
(There)
Sextortion scandal: Meta deletes 70,000 social media accounts in Nigeria
