Government: Grid expansion is largely in the overriding public interest
The German government has agreed on a draft law to accelerate network expansion. The industry criticizes the handling of fibre optics.
(Image: juerginho/Shutterstock.com)
On Wednesday, the German Federal Cabinet launched the government draft for a law to accelerate the expansion of telecommunications networks. With this, the government wants to ensure that broadband lines are laid more quickly and dead spots are closed faster. To this end, procedures are to be made less bureaucratic, approvals granted more easily and the required data used more efficiently. The draft still has to go through the Bundesrat and Bundestag.
The draft bill for the "Telecommunications Network Expansion Acceleration Act" (TK-Nabeg) was presented by the Federal Ministry for Digital and Transport (BMDV) back in August. However, for months it was unable to reach an agreement with the Ministry of the Environment as to whether the expansion - in particular with the help of mobile phone masts - should be defined as being "in the overriding public interest". In this case, nature conservation and monument protection might have to take a back seat. In June, several business associations demanded that Federal Chancellor Olaf Scholz (SPD) put his foot down in order to finally promote Germany as a digital location.
The result is a middle way: according to the government's approach, Section 1 of the German Telecommunications Act (TKG) is to be expanded to read: "The laying and modification of telecommunications lines for the expansion of public telecommunications networks is in the overriding public interest until the end of December 31, 2030." But then it gets complicated: This clause is only to be applied "as part of the nature conservation assessment" "if the laying or modification is carried out to supply an area by a mobile network operator in which the latter does not provide continuous, uninterrupted access to voice and broadband data services of public mobile communications".
No right of way for fiber optics in nature conservation areas
The BMDV wants the agreement to be understood as follows: "The definition of telecommunications network expansion in the overriding public interest applies to all expansion projects in all approval procedures and thus strengthens network expansion in areas where it was previously inferior in trade-offs with other equally important interests." There is only a restriction in the nature conservation procedure: there, "only the erection of mobile phone masts for an uninterrupted supply of broadband telecommunications services is in the overriding public interest".
The explanatory memorandum to the law states that the planned passage of the TKG underlines the importance of the expansion "especially in the interest of accelerated planning and approval of the infrastructure, which is necessary to achieve the goals of the federal government's gigabit strategy ". The government is thus aiming for fiber optics and 5G for all by 2030. The built-in time limit is based on this, the government explains further. The exception to the overriding public interest in the case of interests protected under nature conservation law in turn takes into account "the high importance of the protected goods affected". The BMDV is to evaluate the effects of the clause after three years and the federal states are to collect the necessary data.
Industry associations are dissatisfied
"We are sending an important signal to the economy that we are resolutely pushing ahead with digitalization," emphasized Digital Minister Volker Wissing (FDP). Industry associations, on the other hand, reacted with disappointment. In practice, fiber optic expansion will not benefit from the agreement, complained the German Broadband Association (Breko). This is because the "overriding public interest" should only apply to mobile network expansion in the context of nature conservation law reviews. The government is thus making it clear "that fiber optic expansion is obviously no longer a priority for them".
The VATM, in which Telekom's competitors have joined forces, also complains about a "half-baked compromise". The expected liberating blow for the expansion of fiber optics and mobile communications has failed to materialize. However, at least in the mobile communications sector, more speed and planning security can be expected.
The scope of application of the outlined clause is too narrow, criticizes the Federal Association for Fibre Optic Access (Buglas). The overriding interest must also apply "without restriction to fiber optic networks, not only, but also as the best connection for mobile phone masts".
Reduction right to be specified
The German government also wants to anchor the gigabit land register as a standardized information portal in the TKG. The scope, collection and provision of information are to be clearly structured and regulated. The government wants to shorten deadlines for the approval of expansion projects. According to the plan, the Federal Network Agency will be authorized to oblige railroad companies to provide uninterrupted mobile communications coverage near the tracks. If providers do not deliver the guaranteed bandwidth, customers will be able to reduce the contractually agreed fee by at least 10 percent. This goes beyond the previous requirement
(anw)
