Telecommunications Act (TKG)

The Telecommunications Act (TKG) is the central set of regulations for the telecommunications sector in Germany. It regulates the legal framework for telecommunications services and networks and aims to ensure fair competition, guarantee nationwide coverage and protect consumer rights.

Legal basis and development

1. first entered into force in 1996, amended several times since then 2. current version: TKG amendment 2021, entered into force on December 1, 2021 3. implementation of European requirements, in particular the European Electronic Communications Code (EECC)

Core areas of the TKG

1. market regulation: promotion of competition and regulation of market-dominant companies 2. frequency management: allocation and use of radio frequencies 3. customer protection: regulations on contract design, transparency and consumer rights 4. data protection and security: protection of personal data and network security 5. universal service: ensuring a basic supply of telecommunications services 6. numbering: management of telephone numbers and addressing elements 7. infrastructure expansion: promotion of broadband expansion and new technologies (e.g. 5G)

Important innovations of the TKG amendment 2021

1. right to fast internet: Legal entitlement to a minimum bandwidth 2. Simplified provider switching: Shorter deadlines and improved processes 3. Compensation for disruptions: Automatic compensation for outages and delays 4. More flexible contract terms: Limiting the initial contract term to a maximum of 24 months 5. Transparency: Extended information obligations for providers

Competent authorities

1 Federal Network Agency (BNetzA): Mainly responsible for implementing and monitoring the TKG 2. Federal Commissioner for Data Protection and Freedom of Information (BfDI): Responsible for data protection aspects

Importance for companies

1. telecommunications providers: Comprehensive regulation of their business activities 2. Infrastructure providers: Specifications for network expansion and network use 3. service providers: Regulations for over-the-top (OTT) services 4. all companies: Framework conditions for the use of telecommunications services

Challenges and current discussions

1. digital sovereignty: balancing network expansion and security aspects (e.g. 5G debate) 2. network expansion: promoting broadband expansion in underserved areas 3. technology neutrality: adapting regulation to new technologies and business models 4. data protection: tension between data usage and privacy 5. net neutrality: ensuring an open and non-discriminatory internet

International dimension

1. EU harmonization: coordination with European directives and regulations 2. global standards: influence on international telecommunications standards 3. cross-border services: regulation of international OTT providers

Future prospects

1. further development of 5G and, in future, 6G technology 2. integration of AI and IoT into telecommunications regulation 3. greater consideration of sustainability aspects 4. adaptation to new forms of digital communication and networking

Conclusion

The Telecommunications Act is a dynamic and complex set of regulations that reflects the rapid technological development in the telecommunications sector. It plays a central role in shaping Germany’s digital infrastructure and has far-reaching effects on companies and consumers. The challenge is to create a legal framework that promotes innovation, ensures fair competition and at the same time takes appropriate account of consumer rights and security aspects. Continuously adapting the TKG to new technological developments and social requirements remains an important task for legislators and regulatory authorities.