On 28 May 2025, the Federal Cabinet adopted a draft amending the Telecommunications Act (Telekommunikationsgesetz). The reform hinges on establishing a statutory “overriding public interest” in the expansion of telecommunications infrastructure – a decisive step towards speeding up approval procedures for fibre optic and mobile networks. The aim is to significantly accelerate the nationwide expansion of modern telecommunications networks by 2030.
With its planned introduction of an “overriding public interest” that will apply until 31 December 2030, the Federal Government is sending a clear signal that the expansion of digital infrastructure is a priority. According to section 1(1), sentence 2 of the draft act, “laying and modifying telecommunications lines to expand public telecommunications networks” is deemed to be “in the overriding public interest” until 31 December 2030. This means that such measures must generally be given priority in official assessment and approval procedures – increasing the likelihood and speed of approval of telecommunications infrastructure projects.
The legal definition of “overriding public interest” does not currently cover the expansion of digital networks, which often leads to delays due to competing interests.
- Impact: expedited approval procedures for fibre optic networks
The proposed amendment will create a new framework to fast-track digitalisation by assigning greater importance to the expansion of telecommunications networks in the official assessment process. This should significantly speed up approval procedures, especially for mobile communications systems.
By adopting the concept of overriding public interest, the Federal Government is building on the successful model introduced for renewable energy and established in section 2 Renewable Energy Sources Act 2023 (Erneuerbare-Energien-Gesetz), which came into force in 2022. Just 18 months later, the courts had already ruled in favour of wind turbines in a large number of cases, giving fresh impetus to the expansion of renewables (Erneuerbare Energien als „Freiheitsenergien“ | Gleiss Lutz (German only)).
This clearly demonstrates that designating measures as being in the “overriding public interest” can significantly streamline planning procedures.
Outlook: more measures likely, but 2030 target may not be met
The Bundestag’s first reading of the bill is scheduled for 5 June 2025, after which it will be referred to the Committee on Digitalisation and Government Modernisation (Ausschuss für Digitales und Staatsmodernisierung). The bill will also have to be approved by the Bundesrat.
The Federal Government likely has more measures in mind for the expansion of telecommunications networks. Associations are already clamouring for further amendments, like the introduction of digital application and approval procedures as well as an obligation to provide data for the Gigabit Register. The coalition agreement also promises a mechanism – the presumption of approval – that could allow property developers to start construction projects if the relevant authorities fail to complete their procedures on time.
But a structural problem remains in the case of fibre optic networks – demand for these connections is still relatively low in Germany and there are currently no plans to switch off existing DSL connections. It therefore remains to be seen whether the goal of rolling out a nationwide fibre optic network by 2030 can actually be achieved.
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