Telecoms Law

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Telecommunications law is a core area of our firm. Michael Horak, LL.M., a lawyer and qualified electrical engineer (Dipl.-Ing.), has worked on IT and telecoms law for more than 30 years. We advise network operators, service providers, municipal utilities (Stadtwerke), local authorities, housing companies and business customers on regulation, network roll-out, contracts and disputes.

Legal framework: the TKG 2021 and its amendments

The basis is the German Telecommunications Act (TKG) as in force since 1 December 2021, which implemented the European Electronic Communications Code (Directive (EU) 2018/1972). It has been amended several times since. Data protection rules for telecommunications and digital services are in the Telecommunications Digital Services Data Protection Act (TDDDG, called TTDSG until May 2024); net neutrality and roaming are governed directly by EU regulations.

Status	Change
2025	TKG amendment act: roll-out of public telecoms networks is in the overriding public interest under section 1(1) TKG, until 31.12.2030
since 6.12.2025	NIS2 Implementation Act: providers of public telecoms networks and services are subject to the security obligations of the BSI Act (BSIG), in addition to sections 165 et seq. TKG
pending	Government bill for a TKG amendment act 2026 (Bundestag printed paper 21/8277): copper-to-fibre migration, access to fibre networks (section 22a TKG draft), notification procedure for rights of way, shorter deemed approval period, gigabit land register, fibre provision charge. First reading 9.10.2026, hearing 4.11.2026

Our work in telecoms law

Regulation and proceedings before the Bundesnetzagentur

The Federal Network Agency (Bundesnetzagentur) is the regulator for markets, access, charges, spectrum and numbering. We represent companies in ruling chamber proceedings, in dispute resolution proceedings on access, co-use and co-deployment, in information requests and in fine proceedings. We challenge Bundesnetzagentur decisions before the Administrative Court of Cologne.

Network roll-out, rights of way and co-use

Section 125 TKG grants a free right to use public roads for laying telecoms lines; the authority responsible for the road must consent under section 127 TKG and may impose conditions. Shallow laying methods such as trenching are expressly permitted. On private land, the duties of toleration in section 134 TKG apply. We advise on consent procedures, disputes over conditions and cost reimbursement, co-use of passive infrastructure and co-deployment in publicly funded construction works (sections 136 et seq. TKG), and access agreements with landowners and the housing industry.

Telecoms contracts

We draft and negotiate wholesale and access agreements, open access agreements, fibre roll-out cooperations, network construction and operation contracts, data centre and colocation contracts, and business customer contracts with service levels. For consumer contracts, we review terms, contract summary and product information sheet against the TKG.

Customer protection under sections 51 et seq. TKG

For providers, the customer protection rules are a liability and warning letter risk. Key points:

• Maximum contract term of 24 months; after the minimum term, termination with one month’s notice (section 56 TKG).
• Contract summary before conclusion, otherwise the contract only becomes effective once the consumer approves it (section 54 TKG).
• Right to reduce payment and terminate in case of significant deviations from the agreed internet speed (section 57(4) TKG), proven with the Bundesnetzagentur measuring tool.
• Fault repair: compensation from the third day of a complete outage and for missed technician appointments (section 58 TKG).
• Switching provider and number porting with no more than one working day of interruption (section 59 TKG).
• Right to a minimum supply of internet and telephone services (sections 156 et seq. TKG).

Charges, spectrum and numbering

We advise on charge regulation for operators with significant market power, itemised billing and invoice disputes, and third-party billing, including conciliation at the Bundesnetzagentur. Spectrum assignments under sections 91 et seq. TKG, award procedures, local frequencies for campus and industrial 5G networks, number assignments and action against premium-rate abuse are also part of our work.

Data protection, secrecy of telecommunications and security

The secrecy of telecommunications is now governed by section 3 TDDDG, and traffic and location data by sections 9 et seq. TDDDG. Providers must also meet the security requirements of sections 165 et seq. TKG and, since December 2025, the obligations under the BSIG. We check official information requests and surveillance measures for their legal basis before data is disclosed.

FAQs on telecoms law

Can a municipality refuse consent for laying fibre?

Generally not, if the application meets the statutory requirements, but it can impose conditions. If it does not decide within the statutory period, consent is deemed granted (section 127(3) TKG). The 2026 government bill would shorten this period from three to two months.

How can a company challenge a Bundesnetzagentur decision?

For ruling chamber decisions, an action is usually brought directly before the Administrative Court of Cologne; there is no objection procedure, and the action generally has no suspensive effect (section 217 TKG). Interim relief must therefore be applied for separately.

Do the customer protection rules apply to business customers?

In part. Some provisions also protect micro and small enterprises and non-profit organisations unless they have waived them. For larger companies, the contract governs.

Related topics

• IT security law
• Telecommunications Act (TKG) (in German)
• Network roll-out and rights of way (in German)
• Digital services and telemedia law (in German)
• NIS2 (in German)