The telecommunications law (TKG) adjusts the competition within the range of telecommunications.

Beside the adjustment also the offered services are to be ensured from now on. The telecommunications law stepped to the place of the past telecommunications monopoly of the state.

Furnishing of telecommunications achievements is free and only announce requiring. A permission is not necessary ("§ 4). Obligated the carrying out is only for the durable supply of reports upon the requests of the federal net agency.

Furthermore the telecommunications law regulates the assignment of frequencies, the numbering and also the permission of increase in value services over earlier 0190 - or current 0900-Nummern.

Unauthorized hearing of coded messages (message, language etc.) over telecommunications ways is punished after "§ 148 exp. 1 sentence 1 with imprisonment up to two years. Likewise punished, who possesses inadmissible transmitting plants, manufactures, drives out or introduces ("§ 148 exp. 1 sentence 2). Among them fall transmitting plants, which are suitable to convey the closed spoken word unauthorized. The telecommunications law belongs thus to the Nebenstrafrecht.

On 20 June 2005 several private people and telecommunications offerer inserted telecommunications law at the Federal Constitutional Court constitutional complaint against several regulations. They turn in particular against the externally stored data storage of personal data of the telecommunications customers.

Already during the legislative procedure 2004 voices had become loud, the Community law adversity of central standards of the government bill stated. This view sees itself in the meantime through confirmed by the European Union commission introduced violation of contract procedure. The commission conveyed Germany in April 2005 a statement provided with reasons according to kind 226 EEC and set one period to at the end of of June 2005, in order to remedy the doubts of the commission. This period ran off, without eilends the manufactured bill of the could be adopted. Before this background the government authorities are to be examined with the application of the standards of the TKG because of the principle of the application priority of the Community law obligated in every detail whether the applied standard meets the demands of the underlying Community law.

Related links

• Telecommunications law 2004 with juris.de (already with the changes from July 2005)
• Data security-legal evaluation new of the telecommunications law (excerpt from that 33. Report on the activities of the hessian commisioner for data protection for amending the TKG)
• Data security-legal innovations in the TKG 2004 information of the adjustment authority for telecommunications and post office
• Evaluation of the Community law conformity of the TKG 2004 publication of the initiative of European network carriers.

Articles in category "Telecommunications law"

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