Federal Network Agency: Decision on open access for subsidized telecommunications infrastructure

For the first time, the Federal Network Agency (BNetzA) has obliged a telecommunications company (TKU) to grant open access to unconnected optical fibers of a publicly funded telecommunications network.

The specific case concerned open network access to a subsidized telecommunications network in northern Hesse, to which a third provider demanded access to the unconnected optical fibers there, but was denied this access by the owner and the subsequent user TKU.

With the decision in favor of the provider requesting access, the Federal Network Agency has ruled for the first time on open network access in subsidized broadband infrastructure. With the decision, the BNetzA emphasizes that, according to the applicable legal framework, all types of active and passive access products must be made available to competitors in good time, from which the requesting company can freely choose. In this context, the decision clarifies that the access claim of companies can also be directed towards the provision of dark fiber in the core network (“backbone”). The text of the decision is available on the website of the Federal Network Agency.