EWE Tel moves to court: dispute over mobile network rules in Bonn

In Bonn, the telecommunications company EWE Tel filed a lawsuit against a decision by the Federal Network Agency. The lawsuit was submitted to the Cologne Administrative Court and affects a set of rules that the authority published in March 2023. This set of rules stipulates that existing frequency use rights are extended without the usual auctions being held. EWE Tel has expressed concerns about this regulation, especially with regard to the access of mobile phone companies without its own infrastructure to the markets.

The Catalog of Regulation, on which the lawsuit is based, also regulates market access for so -called virtual network operators. These companies, which also include EWE Tel, rely on the renting of capacities among established network operators in order to be able to offer their mobile phone services. EWE Tel in particular criticizes that the network operators are not obliged to rent it and calls for a clear regulation that guarantees such access.

The Federal Network Agency, on the other hand, has introduced a so -called 'negotiation requirement', which provides that network operators have to negotiate about the use of their networks. This regulation is intended to ensure that there is a certain degree of cooperation. However, EWE Tel describes this as inadequate and emphasizes that a binding obligation is necessary for network operators. The Bundeskartellamt has also expressed concerns and sees the risk that the competition on the preliminary performance market will not be adequately encouraged.

different perspectives within the industry

The opinions about the appropriateness of the negotiating requirement differ greatly within the industry. While EWE Tel considers it ineffective and demands a clear regulation, the established network operators find the negotiating requirement too restrictive. These tensions keep the discussion about access to mobile networks and the market conditions continue to run.

eWe Tel has successfully sued frequency requirements, which shows that the company is ready to fight for its interests. It remains to be seen how the Cologne Administrative Court will decide in this case and what long -term effects this complaint has on the mobile phone market in Germany.