In July 2025, the Federal Ministry for Digital Transformation and Government Modernisation (Bundesministerium für Digitales und Staatsmodernisierung) issued a key elements paper for an Act amending the Telecommunications Act and improving the Framework for Network Expansion under Telecommunications Law (Gesetz zur Änderung des TKG und zur Verbesserung der telekommunikationsrechtlichen Rahmenbedingungen für den TK-Netzausbau). Stakeholders now have until 31 August 2025 to submit their comments.
Background and public consultation
The ink is barely dry on the most recent amendment of the Telecommunications Act (Telekommunikationsgesetz, “TKG”) – the draft TKG Amendment Act 2025 (TKG-Änderungsgesetz 2025) as adopted by the Bundestag on 26 June 2025 (Telecommunications Act Reform Launched with Draft Amendment from German Federal Cabinet). And now the Federal Ministry for Digital Transformation and Government Modernisation has submitted further proposed amendments with the aim of accelerating the expansion of fibre optic and mobile phone networks in Germany. The key elements paper covers the following, in particular:
- Adjustments in connection with the Gigabit Infrastructure Act (Regulation (EU) 2024/1309, “GIA”): deletion of duplicate provisions while at the same time utilising room for manoeuvre at national level;
- Expansion of in-building networks: regulation of the right to roll out the fibre optic infrastructure to entire apartment buildings and of flat rate usage fees;
- Simplification of approval procedures, including introduction of an alternative notification procedure;
- Preparation for switching from copper-based VDSL to fibre optic connections better suited to meeting the demands of the future (this will be covered in a separate key elements paper in August 2025);
- Numerous acceleration measures such as prioritising the connection of mobile phone masts to the nearest power grid and provisions on the involvement of railway infrastructure owners and operators in ensuring mobile phone coverage along railway lines;
- Other adjustments, such as bringing the TKG in line with the EU’s Roaming Regulation (Regulation (EU) 2022/612 of 6 April 2022), modernising the Gigabit Register (Gigabit-Grundbuch) and strengthening the Federal Network Agency (Bundesnetzagentur).
The Ministry’s explicit aim in publishing the paper is to ensure that the relevant stakeholders are closely involved at an early stage of this process. Companies have until 31 August 2025 to submit any comments on the paper up. The Ministry plans to prepare a draft bill based on these comments, which is to be published this autumn. In the following, we will only be discussing a few aspects of the key elements paper. The full document is available here: https://bmds.bund.de/tkg-aenderungsgesetz (German only).
Implementation of the GIA – Ministry sees room for manoeuvre
The GIA aims to create a comprehensive framework for the fast and more cost-effective roll-out of high-capacity networks across Europe. The GIA – an EU regulation – deals with areas already covered by Germany’s TKG. Given that EU law prohibits provisions of national law that simply repeat those of EU regulations or that run counter to these, the TKG needs to be updated. The GIA also gives national legislators a certain room for manoeuvre on a large number of points. The Ministry's key elements paper outlines specific areas where it intends to propose provisions and call on stakeholders to comment on these as part of the consultation process:
- Administrative aspects of requests for access to existing physical infrastructure and for coordination of civil works
- Implementation of the option to deny access to physical infrastructure
- Definition of which parties are entitled to view information
- Provision of the minimum information on physical infrastructure referred to in Article 4(1) GIA
- Possible restriction of access to information on physical infrastructure
- Implementation of the transparency requirements for planned civil works
- Adoption of binding standards or specifications for in-building fibre optic infrastructure within the scope of the obligation to equip buildings with such infrastructure
- Exemption of buildings from the scope of this obligation
Possible provisions on the expansion and shared use of in-building network infrastructure (wiring)
The Ministry’s goal in expanding in-building networks (referred to as network level 4) is to ensure that apartment buildings are also provided with fibre optic connections extending to each individual apartment the relevant stakeholders are closely involved at an early stage of this process. This will give telecommunications providers non-discriminatory access to end users, while end users will be able to freely choose from the widest possible range of providers. The Ministry’s paper proposes amendments to the TKG to reduce barriers and encourage investment. These specifically address the construction and shared use of network level 4 infrastructure as well as the fees charged for such use.
According to the paper, one possible way to increase the incentive to expand network level 4 would be to raise the apportionable costs – taking into account the given investment costs – to EUR 960 gross. Consideration is also being given to deleting the so-called “corporate group clause” from section 149(5), sentence 2 TKG under certain conditions and replacing it with transparent access conditions.
Simplification of approval procedures and measures to accelerate network expansion
The Ministry also plans to accelerate the nationwide expansion of fibre optic networks by simplifying the approval procedure for rights of way, in particular, and proposes the following measures:
- Introducing an alternative notification procedure, to the existing approval procedure, for specialist civil engineering companies – certified according to criteria yet to be defined – and giving road construction authorities broader intervention powers during the construction phase;
- Shortening the period for the presumption of approval under section 127(3), sentence 1 TKG from three to two months and extending the deadline for supplementary or amended applications under section 127(3), sentences 3 and 4 TKG from one to two months;
- Making it clear that a so-called “excavation permit” pursuant to federal state law is not required in either the approval or notification procedure;
- Defining standard examples of what constitutes “small-scale civil works” in accordance with Article 9 GIA, and
- Amending section 127(8) TKG to permit additional directives through supplementary provisions.
Opportunity to submit comments
The Ministry’s paper aims to introduce clearer provisions governing both procedures and responsibilities, which could improve strategic cooperation between telecommunications companies, municipalities and property owners and thereby promote the expansion of the fibre optic and mobile phone network. Stakeholders should bear in mind that they only have until 31 August 2025 to submit any comments they may have.
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