Berlin, 29.08.2023 – The German Broadband Association (BREKO) comments as follows on the draft law to accelerate the expansion of telecommunications networks (TK-Netzausbau-Beschleunigungs-Gesetz) published today by the Federal Ministry of Digital and Transport (BMDV):

“The draft law is an important step towards even faster fiber optic and mobile expansion in Germany because it can help to remove existing hurdles, particularly in the area of approval procedures. However, some adjustments are still necessary in order to exploit the potential for acceleration.

The fact that the expansion of telecommunications networks is to be classified in the law as ‘in the public interest’ is a step in the right direction. However, in order to appropriately emphasize the importance of fiber optic expansion as an important measure for society as a whole and to achieve more speed in planning and approval processes, fiber optic expansion should be defined as an infrastructure measure ‘in the overriding public interest’, analogous to the expansion of renewable energies.

We expect a positive effect from the shortening of approval periods and the planned exemption from approval for minor construction measures. However, in order to implement the connection of buildings to the fiber optic network much faster, construction measures that do not require approval should not be defined solely on the basis of their duration and the criteria for certain measures such as the so-called house tap and the connection of a small number of buildings should be expanded.

The adjustments to the so-called fiber optic provision fee, with which the costs of building cabling with fiber optics are passed on to tenants for a limited period of time via the ancillary costs, do not go far enough. The planned option of charging a one-off fee when customers switch to another service provider is to be welcomed in principle. However, we regret that the total amount of the permissible levy has not been increased. Expansion practice shows that the amounts permitted to date are already too far below the actual expansion costs to provide an effective incentive for expansion.

BREKO also regrets that the BMDV does not define a mandatory security and access concept for the gigabit land register in the law itself and instead intends to lay down corresponding regulations later in a separate ordinance. This means that the current uncertainties regarding data security for the protection of critical telecommunications infrastructures will continue to exist until this ordinance is issued. Instead, the BMDV should involve the Federal Network Agency, the Federal Office for Information Security and the Federal Office for the Protection of the Constitution in this important issue and regulate important details in the law itself.”