EWE Tel complains against the Federal Network Agency: Conflict about mobile phone access escalates

Bonn | EWE complains against the mobile network of the network agency

Bonn (dpa) - The telecommunications company EWE Tel has taken legal action against a decision by the Federal Network Agency. The lawsuit was submitted to the Cologne Administrative Court and is directed against a set of rules that the network authority published in March. The set of rules provides for an extension of frequency use rights and dispenses with the usually carried out, billion -dollar frequency auction.

A central component of the disputes is market access for mobile operators who do not operate their own network. EWE Tel and similar companies that act as virtual network operators are renting capacities among the established providers. This practice is problematic for EWE Tel because the new regulations do not provide any binding obligations for the network operators in terms of renting their infrastructure. Instead, EWE Tel calls for a clear legal regulation that the network operators obliged to rent their networks.

The network agency, on the other hand, pursues a different strategy and has introduced a “negotiating requirement”. This stipulates that network operators have to negotiate about the use of their infrastructure and should adhere to specific guidelines. This regulation is criticized by EWE Tel as ineffectively. In addition, the Federal Cartel Office and the Monopoly Commission express concerns about the competition on the preliminary performance market, which also complicates the situation.

opinions differ widely

The views on this topic are very divergent. While EWE Tel emphasizes the need for a clear obligation by the mobile network operators, the established providers already see sufficient regulation in the new regulation and the negotiating requirement. In an earlier case, EWE Tel had already obtained a decision by the Cologne Administrative Court regarding the 2019 frequency requirements. However, this decision is not yet final.

In view of the current developments, it is uncertain how the Cologne Administrative Court will decide and what effects this could have on the future of the mobile phone market in Germany. It remains to be seen whether EWE Tel's lawsuit will lead to a decisive reorganization in the relationship between network operators and virtual providers.