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751-Sabar Institute Of Management, Tajpur - Gujarat Technological ...

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Regularity Framework<br />

Finally, the fixed-line market is declining due to the rise of the mobile sector and VoIP usage.<br />

Deutsche Telekom (DT), held almost 73.2% of the market at the end of 2009, which was a<br />

fall from last year’s figures. Telefónica O2’s fixed-line subscriber base has declined as well.<br />

Regulatory body in Germany is the Federal Network Agency for Electricity, Gas,<br />

Telecommunications, Post and Railway (Bundesnetzagentur für Elektrizität, Gas,<br />

Telekommunikation, Post und Eisenbahnen; BNetzA) headquartered in Bonn. In general, the<br />

administrative court of Cologne is the competent body for appeals.<br />

The WTO Basic Telecommunications Agreement has been fully implemented by the<br />

Federal Republic of Germany. Operators are privately owned. However, the Federal<br />

Republic of Germany currently owns a stake of 14.8% and, via the state controlled KfW<br />

Bankengruppe, another stake of 16.9% in Deutsche Telekom AG, the incumbent in the<br />

telecommunications sector. The legislative approach of the<br />

Telecommunications Act is to establish a regulatory system neutral with respect to different<br />

transmission technologies. Thus, the same rules and regulations generally apply to all<br />

providers of telecommunications services including wireless, satellite, cable and VoIP<br />

providers (e.g. regarding the provision of emergency calls, telecommunications surveillance,<br />

and interconnection obligations).<br />

The Telecommunications Act does not apply to broadcasters with respect to delivering<br />

content via telecommunications networks. Instead, broadcasters are subject to federal and<br />

state regulations such as the Telemedia Act 2007, the State Treaties on Broadcasting and<br />

Youth Protection in Media, and the various media laws of the 16 federal states. However,<br />

special telecommunications regulations also apply where broadcasters make use of<br />

conditional access systems. Operating a satellite earth station requires allocation of the<br />

respective frequencies and assignment to the operator of the orbit and frequency usage<br />

granted to the Federal Republic of Germany by the International Telecommunication Union<br />

(ITU). Competent authority is the Federal Network Agency. No specific telecommunications<br />

regulations apply to submarine cable landings. However, general provisions regarding use of<br />

the continental shelf apply and may require authorization by the competent authorities.<br />

72

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