As telecommunications right (also: TK-right) is designated the right area, which gives all kinds of telecommunications a legal framework. In Germany it is particularly coined/shaped by the liberalisation of the telecommunications market.

In contrast to the law of communication media the TK-right essentially regulates the transmission of information without view of its contents.

Constitutional bases in Germany

In accordance with article 73 exp. 7 GG exists an exclusive legislative competence of the federation for the range post office and telecommunications.

On this basis by the federation the following laws were issued:

• the telecommunications law
• the information and communication service law

Also the administration for the range post office and telecommunications is appropriate for 2 sentence 2 GG after the post office reform in accordance with article 87f exp. with the federation. This authority by the Federal Ministry for economics and work and the federal net agency for electricity, gas, telecommunications, post office and railways (federal net agency, in former times adjustment authority for telecommunications and post office, are exercised RegTP).

Liberalisation of the German telecommunications market

With the entry into force of the telecommunications law 1996 the German Telekom lost de jure its monopoly right on the telecommunications market - in fact it will take however still several years, until actually balanced competition on this market prevails.

In order to make this competition possible, a so-called asymmetrical adjustment applies to the telecommunications market. That means that by special rules for dominating the market enterprises the again in addition-stepping competitors are to be supported. A dominating the market enterprise (typically the German Telekom) is obligated, "“competitors on this market discrimination-free the entrance to its internally used and to its achievements, as far as they are, offered at the market, substantial, to make possible on the conditions it with the use of these achievements for the contribution of other telecommunication service achievements grants itself"” ("§ 33 TKG 1996).

First steps for liberalisation were, the abolition of the net monopoly of the Deutechen Telekom 1996 and the monopoly on language telephone services 1998. Since then final consumer of telephone calls can telephone over other private offerers in the call by call or Preselection procedure.

TKG novella 2004

Due to several European guidelines - among other things the data security guideline for electronic communication - the telecommunications law was comprehensively reformed in the year 2004.

Literature

• Peter Dahlke: Right-systematic characteristics in the telecommunications right. Eul 2004, ISBN 3899362128

Related links

• Lecture script to the telecommunications right

Articles in category "Telecommunications right"

We found here 11 articles.