Investment-friendly regulation, nation-wide broadband coverage, and a sound regulatory framework to promote innovation and digitalization: These are key objectives of the proposed modernization of the current telecommunications law. The European Electronic Communications Code (EECC), to be implemented into national law by 21 December 2020, is the basis for the expected major revision of the German Telecommunications Act (Telekommunikationsgesetz, "TKG").
A first preliminary, unofficial draft of the expected Telecommunications Modernization Act ("TKMoG") has been published at netzpolitik.org. The draft introduces a new modernized legal and regulatory framework in areas such as market regulation, spectrum management, infrastructure rollout, consumer protection, and also includes an individual to high-speed internet, among other basic telecommunications services.
The pending revision is of significant interest not only for traditional telecommunications providers and services. Rather, web- based, so-called "over-the-top“ ("OTT") services will also be covered in the future regulatory framework. Furthermore, digital infrastructures are and will continue to be at the core of dynamic developments of new business models across all industries. Industry 4.0 and digitalization will be progressing within the scope of the modernized legal framework. Thus, obtaining an understanding of the future legal and regulatory framework will be a cross-industry challenge.
There will be extensive, fundamental changes which require a comparative view of the current statutory provisions and the future law. Our attorneys, in cooperation with the Association of Providers of Telecommunications and Value Added Services (Verband der Anbieter von Telekommunikations- und Mehrwertdiensten – "VATM"), have prepared a detailed synopsis of the TKG 2004/2020 and the preliminary draft of the TKMoG on approximately 500 pages. The synopsis also includes the explanatory statements to the draft TKMoG as well as references to the respective requirements in the EECC (Directive (EU) 2018/1972).
The publication of a finalized, official draft TKMoG is pending. Our attorneys are continuously monitoring the legislative process. We will be posting any available updates here promptly.
Please find more information about obtaining the synopsis (in German) here or through the VATM.