Montabaur, 31  August 2018. Yesterday the cornerstones of the German Federal Network Agency for the parameters of the upcoming 5G frequency allocation became public. According to these guidelines, non-discriminatory access to the various operators’ networks should be available in what is known as “national roaming”.

Ralph Dommermuth, CEO of United Internet AG, says:

“We welcome the fact that the German Federal Network Agency is committed to a framework that promotes competition and generally paves the way for new network operators. Non-discriminatory access to the networks and the associated obligation of existing network operators to negotiate national roaming is the essential starting point for newcomers. We also prefer commercial negotiations on national roaming, especially as the constantly increasing volumes of data will make regular adjustments to terms necessary.

We consider the fact very positive that the German Federal Network Agency sees itself in the refereeing role for discrimination ban violations in the context of commercial negotiations. In order for this role to work in practice, binding arbitration must be issued quickly in the case of disputes. To ensure that these arbitral rulings are actually implemented, they must be accompanied by an obligation for both sides to contract.

I am counting on politicians and the German Federal Network Agency to take the necessary steps in the course of the upcoming consultation process and to make the implementation of the German Federal Network Agency’s arbitration rulings mandatory; the governing law provides a sufficient foundation for this. Because a non-binding ruling is merely a recommendation and thus worthless in the end.”

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