In early October, the Federal Ministry for Digital Transformation and Government Modernisation (Bundesministerium für Digitales und Staatsmodernisierung, “BMDS”) published a consultation paper detailing an overall strategy for the structured migration from copper-based telecommunications networks to fibre-optics (FTTH/FTTB). The strategy focuses on delivering a migration that is plannable for all parties, prioritises fair competition and consumer protection, and guarantees technical coverage, fair market competition, and legal certainty.
Background
The shift from copper to fibre-optic networks remains a top infrastructure priority for the coming years. The BMDS’ key elements paper (available in German only at Eckpunkte für ein Gesamtkonzept zur Kupfer-Glas-Migration) introduces a new regulatory framework to promote voluntary migration, standardise shut-down procedures and prevent discriminatory decommissioning practices. Similar to the key elements paper for an Act amending the Telecommunications Act and improving the Framework for Network Expansion under Telecommunications Law (Federal Ministry for Digital Transformation and Government Modernisation submits key elements paper on proposed further amendments to the Telecommunications Act: Stakeholders have until 31 August 2025 to comment | Gleiss Lutz), the early release of this consultation paper is intended to “guarantee planning certainty for all parties involved” and ensure their involvement in the paper’s subsequent development. Interested parties are invited to submit comments by 14 November 2025.
Key messages, relevant legislation and practical implications
The Ministry’s strategy aims to provide planning certainty and investment security for companies rolling out fibre-optic infrastructure. It also aims to secure sustainable and effective competition, while simultaneously accelerating the retirement of copper networks, and ensuring that the migration process is both transparent and consumer-friendly. To achieve these goals, the BMDS has established eight key elements:
1: Focus on voluntary migration. The Ministry anticipates that network operators and service providers will offer attractive products and create a positive user experience through early engagement and migration processes that are quick, customer-focused, and high quality. The BMDS has launched an information campaign to support these efforts.
2: Concrete timeline to aid acceleration. To speed up the transition, the BMDS proposes establishing a concrete timeline that provides clearly defined regulatory deadlines for switching off the copper network.
- 3: Ensuring fair competition. The paper presents a range of measures to ensure switching off copper does not lead to market distortion, including some to prevent Telekom Deutschland GmbH from selectively prioritising the retirement of copper networks in its own fibre-optic deployment areas while maintaining or even upgrading its copper infrastructure in areas where competitors are rolling out fibre-optic networks, simply to prolong its market presence. The Federal Network Agency (Bundesnetzagentur) is to play an active part in this regard. The BMDS is also reviewing the introduction of a rule-based process for decommissioning copper networks – which could be triggered not only by Telekom Deutschland GmbH, but also by the third-party providers expanding their fibre-optic network, or by the Bundesnetzagentur – and the requirements for implementing such a mechanism under national and EU law.
4: Transparency rules and migration plan. To provide planning certainty and investment security for companies rolling out fibre-optic networks, the Bundesnetzagentur is to require Telekom Deutschland GmbH to provide public access to comprehensive migration and switch-off plans.
5: Consumer coverage and access. Alternative products must be made available to guarantee that all consumers, particularly those without access to fibre-optic connections, receive communications services of equal or better quality.
6: Transparent communication with consumers and municipalities. The Ministry plans several measures to make the migration to fibre-optics clearer and more transparent for both consumers and municipalities, including providing information materials, (further) developing interactive websites, and offering both training for municipal staff and roadshows using the Gigabit Bureau’s mobile unit.
7: Bundesnetzagentur to develop regulatory framework and strategy. The Bundesnetzagentur is to be tasked with developing a comprehensive regulatory strategy that involves geographically defining switch-off areas, the minimum fibre-optic coverage levels , and how to serve consumers without access to fibre using alternative technologies and alternative products.
- 8: Monitoring and efficient process management. To avoid planning uncertainty, the Bundesnetzagentur is to establish transparent monitoring and efficient process management that integrates stakeholders in decision-making processes and provides designated contacts and working groups with coordinated work procedures.
The consultation paper also identifies additional measures to accelerate copper-to-fibre migration, including government funding through the Gigabit Initiative, deregulating in-building cabling (network level 4) and monitoring the number of homes connected to fibre-optic infrastructure.
Conclusion and recommended action – consultations open
The key elements paper and its proposed legislative concepts will have implications for numerous stakeholders – including the dominant operator, rival fibre-optic providers, municipalities and the Gigabit Bureau. The Ministry has invited consultations from stakeholders, who have until 14 November 2025to make submissions by e-mail to DI1@bmds.bund.de. Further information is available at Kupfer-Glasfaser-Migration - Bundesministerium für Digitales und Staatsmodernisierung (German only).
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