04/03/2021: Decree on the amendment of the provisional frequency allocation Decree

On 4 March 2021, the Office for Communications issued a Decree amending the provisional frequency allocation Decree of 8 January 2018 to the effect that certain detailed ancillary provisions were added and an additional item was inserted. This aimed, in particular, to ensure disclosure of information and the provision of evidence regarding the suitability of the provisional allocation holder as (future) authorised user as well as the effective realisation of the satellite project which is subject of the application initiating the procedure.

The Appeals Commission for Administrative Matters (VBK) dismissed the appeal filed against this Decree in its Decision of 26 May 2021, which is available here (in German), and confirmed the lawfulness of the Decree.

Based on the appeal filed against it to the Administrative Court, the latter amended two items of the Decree of 4 March 2021, as the legal consequence provided for in each case had become obsolete due to the time that had elapsed. Otherwise, the appealed Decision of the Appeals Commission for Administrative Matters of 26 May 2021 – and with that also the Decree of the Office for Communications – was confirmed in all points and the appeal was dismissed. The Decision of the court is available here (in German).

The Decree of the Office for Communications – including the changes made by the court on items 1.1. o and 1.2 – is thus legally effective and can be accessed here in its amended version (in German).