Legal advice for infrastructure and service providers
The telecommunications sector is undergoing dynamic change – driven by technological progress, the expansion of networks and new business models. Whether it’s supply companies, network operators, service providers or newcomers, the legal framework is complex and requires specialised know-how.
We’ll support you along the entire value chain – from the initial feasibility study to contract drafting all the way to legal implementation of your project, combining profound specialist knowledge in telecommunications law with many years of experience in infrastructure projects.
Overview of our services
Telecommunications projects require not only technical but also legal foresight. We’ll check how and whether your project can be legally implemented and identify opportunities before others see them.
- Analysis of the regulatory conditions for new market participants
- Assessment of legal risks and opportunities
- Advisory for funding programmes and investment models
No network can exist without the proper rights of way and permits. We’ll ensure you get compliant access – efficiently, sustainably and in line with local and federal regulations.
- Applying for and enforcing rights of way
- Support with permits and notifications
- Advice on rights to share and deploy infrastructure
In telecommunications law, contracts are the backbone of every project. We develop solutions, minimise risks and at the same time create room for your business to manoeuvre.
- Operational management, leasing and software agreements
- Construction and architect agreements
- Open access and cooperation agreements
- Articles of association for telecommunications projects
From invitations to tender to commissioning – we’ll assist you legally at every stage of the way with your project. This is how we ensure that legal stumbling blocks can’t even come about.
- Support with invitations to tender and tenders procedures
- Legal assistance with construction and expansion projects
- Contract management during project realisation
The telecommunications sector is heavily regulated – those who don’t keep track of things risk delays and sanctions. We make sure you stay on the safe side at all times.
- Advisory on telecommunications notification and registration requirements
- Support with compliance with regulatory specifications
- Interface advisory on data protection and IT security
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Frequent questions on telecommunications law
The Telecommunications Act [Telekommunikationsgesetz–TKG] is the key legal basis for operating telecommunications networks and services in Germany. Among other things, it regulates market regulation, consumer rights, access requirements and security requirements. These apply to all businesses that operate networks, offer telecommunication services or provide infrastructure – from regional to countrywide providers.
The Telemedia Act [Telemediengesetz–TMG] contains provisions for providers of “telemedia”, i.e. internet services like websites, online platforms and apps. It particularly regulates duties to provide legal information (“Impressum”), bases for data protection and responsibility for content. The Telemedia Act also applies to many telecommunications providers in addition to the Telecommunications Act if they run their own online services.
Open access describes the undiscriminating access by third parties to existing telecommunications infrastructure. The goal is to use networks efficiently, foster competition and reduce the costs of expansion. Legally speaking, open access is often regulated by contracts that set down technical standards, fees and access conditions.
To expand networks, different permits are needed depending on the size and location of the project – e.g. rights of way under the Telecommunications Act, construction permits, municipal permits and notifications to the Bundesnetzagentur (BNetzA). Careful planning saves time and prevents costly delays.
Rights of way give entitlement to use public roads to lay telecommunication cables. They are applied for from the responsible authority and regulated by the Telecommunications Act. In practice, making applications completely and correctly is crucial to avoiding later conflicts.
Among other things, service providers must meet notification and registration requirements, protect customer data, keep technical security standards and implement consumer protection provisions. Non-compliance may lead to fines or official action.
Under certain conditions, the Telecommunications Act gives companies the right to share existing infrastructure – such as ducts and poles. The goal is to expand the network more quickly and cost efficiently. Sharing is usually regulated by contract, with fees and technical details to be agreed.