Wildberger's wishes: BMDS presents key points for faster network expansion

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Digital Minister Karsten Wildberger (CDU) is rushing: his department wants to present a draft bill on further amendments to the Telecommunications Act (TKG) by autumn. To this end, the Ministry for Digital Affairs and State Modernization (BMDS) presented a key issues paper on Thursday, which is likely to meet with a mixed response. Among other things, it addresses the perennial issues of infrastructure sharing and slow approval procedures.

One reason for this is that the European Gigabit Infrastructure Act (GIA) comes into force on November 12. This will make some adjustments to German law necessary – and others possible. In addition, the new Digital Minister also wants to implement his own plans, as he has now announced: “The citizens of our country expect a digital infrastructure at the highest level – with nationwide fast Internet and reliable mobile communications without dead spots,” says Wildberger.

Network level 4: Should tenants pay more?

One project in particular affects more than just experts: "The federal government's goal is to equip multi-family homes with fiber optic connections in every apartment," according to the key issues paper. So far, this has been more of a pipe dream for many rental apartments: On the one hand, coordination between providers, tenants, and landlords is complicated. On the other hand, there has been little reason for landlords to promote or even tolerate such a project.

Currently, the "fiber optic provision fee" that landlords can pass on to tenants as part of their operating costs is limited to 60 euros per year and a maximum of 540 euros per residential unit. The Ministry of Digital Affairs is proposing to almost double this to 960 euros and to allow either a higher or longer duration of the surcharge. This would make expansion more attractive for owners of multi-family homes – but would place a greater burden on tenants, as the Wildberger Ministry also admits. For new buildings, on the other hand, the BMDS is considering abolishing the fee altogether.

However, to ensure that expansion actually takes place, the Ministry of Digital Affairs is considering introducing a "right to full expansion": if a network operator that already has customers or infrastructure in the building wants to connect the other units, owners should only be allowed to refuse this for good reasons. However, this would only apply to the first company to carry out the expansion.

Right to shared use: temporary monopolies?

To ensure that not all residents are tied to a single provider, the BMDS also wants to examine whether a right to share the fiber optic infrastructure in the building should be enshrined in law after one or two years. In other words, if Deutsche Telekom or a municipal utility connects a building and then expands the fiber optic network to the apartments. Other providers would have to be allowed to use their infrastructure for a fee after one or two years.

The industry is likely to engage in intensive discussions in the coming weeks and months to determine exactly how this will work. The BMDS proposes that the Federal Network Agency set flat-rate shared use fees.

Laying cables without a permit

A proposal by the BMDS to further simplify the laying of fiber optics in road areas is likely to spark further discussion. In addition to the usual, but lengthy, approval process, a second option is to be created: civil engineering companies with specialist qualifications would then only have to notify the municipalities or federal states of planned expansion projects.

According to the Digital Ministry's idea, if the authorities do not object within two months, the expansion could then begin. Where necessary, however, the responsible authorities should be able to obtain a slightly extended review period in return. For smaller construction projects, the BMDS also wants to clarify that these are only subject to notification and not to approval.

This has been well received by industry representatives. The idea has "the potential to significantly simplify the often lengthy and complicated approval process and relieve the burden on companies and authorities," said Sven Knapp, head of the capital office of the Federal Association for Broadband Communication (Breko), in response to a request from heise online.

The Association of Providers in the Digital and Telecommunications Market (VATM) also sees this as a positive step. "The acceleration for rapid expansion must finally be enshrined in law," emphasizes association managing director Frederic Ufer, citing "the complete approval fiction that the industry has been waiting for for a long time."

All interested parties now have until the end of August to submit their views on the proposed changes. Industry representatives generally welcome the paper: Wildberger wants to pick up the pace and is focusing on the right areas, according to the consensus. However, the ideas are likely to meet with a more mixed response overall. This is because Wildberger's "7-point plan" contains several regulatory proposals that affect not only network operators but also expansion companies, homeowners, property owners, tenants, and local authorities.

DSL shutdown: proposals still to come in August

However, the BMDS does not address another hot topic directly related to fiber optic expansion in its key issues paper published on Thursday: the question of an orderly shutdown of DSL copper networks. The ministry said it would "develop a consumer- and competition-friendly migration concept in consultation with stakeholders in accordance with the coalition agreement and publish a key issues paper for consultation in August 2025."

In other words, the Digital Ministry wants to discuss this debate separately from its adjustments to network expansion. It is obvious that both projects are closely related: the existence of alternative infrastructure is a prerequisite for the politically desired and technologically already achieved end of DSL. Both strands are to be brought together again at a later date. In any case, Wildberger's ministry has now ensured that there will be an intensive discussion in the coming months.

(mho)