BREKO appeals to the Bundesrat to support the “one-stop store principle”
Regulation offers great potential for speeding up approval procedures
BREKO with proposal for implementation and financing
Berlin/Bonn, 11.02.2021 The timetable for the adoption of the Telecommunications Modernization Act (TKMoG), or TKG amendment for short, is ambitious. The consultations in the Bundestag and Bundesrat should be completed before the summer break. At its meeting tomorrow, the Bundesrat will adopt a position on the Federal Government’s draft bill. Over one hundred amendments and requests for scrutiny are up for discussion. These include the deletion of an important regulation for speeding up the approval process for fiber optic expansion.

The acceleration and predictability of the duration of approval procedures are an important factor for the rapid expansion of fiber optic networks. Depending on the type of expansion project, various permits from different sectors, such as nature conservation, monument protection, water protection and traffic regulations, are required. The so-called “one-stop store principle” envisaged in the draft law provides for the establishment of a coordinating body at municipal level, which will ensure that the official approvals are granted within the statutory period of three months. BREKO therefore appeals to the members of the Bundesrat to support the planned regulation in the draft bill.

“The approval procedures, which often take months, are currently one of the biggest hurdles in fiber optic expansion. The “one-stop store principle” is an important lever for reducing the existing obstacles. The central office helps to simplify the procedures and ensure that applications are processed on time. In this way, we are also creating a reliable planning basis for telecommunications and civil engineering companies,” explains BREKO Managing Director Dr. Stephan Albers.

The idea of coordinating permits is not new. For example, the creation of a “single point of contact” in the EU Services Directive and the concentration effect of permits provided for in the Federal Immission Control Act are comparable. These have been implemented at both state and municipal level. Since the majority of the approval authorities relevant to fiber optic expansion are located at the level of the districts and independent cities, BREKO is in favor of establishing the coordinating bodies there due to their proximity to the subject matter.

Federal government to support federal states with financing

BREKO also proposes a concept for fair burden-sharing between the federal government and the federal states during implementation. The creation of these structures at district and city level is the right step, but also means financial burdens for the federal states. The federal states must not be left alone with the challenge of providing the necessary personnel and technical resources. It is necessary for the federal government to make an appropriate contribution to the costs of setting up the coordinating bodies. This is made possible by a provision in the Basic Law. Article 104 of the Basic Law permits financial aid for particularly important investments by the federal states and municipalities as long as there is a link to federal law and the financial aid serves to promote economic growth.

The expansion of high-performance fiber optic networks is essential for economic growth in the modern service and industrial society. The considerable acceleration of approval procedures and the predictability of their duration for companies can undoubtedly be seen as a significant contribution to promoting economic growth. Due to the factual connection, it is obvious that the co-financing will come from the “Digital Infrastructure” special fund.

“The BREKO’s proposal brings the reduction of bureaucracy in fiber optic expansion within reach. The faster we become in the approval process, the sooner the fiber optic rate will increase. We must now seize the opportunity to introduce such structural changes as part of the TKG amendment. Such an opportunity will not come again so soon,” Stephan Albers emphasizes the urgency of anchoring the “one-stop store principle” in the Telecommunications Act.