Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway 2 Federal Network Agency | Annual Report 2008
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Annual Report 2008 Annual Report 2008 Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway 2 Federal Network ageNcy | aNNual report 2008 10 20 Network innovation – Growth and Consumer protection and advice employment opportunities Contents President’s message 4 Organisation chart 8 Network innovation – Growth and employment opportunities 10 Consumer protection and advice 20 consumer advice service 22 universal service 26 text and video relay service for deaf and hearing-impaired persons 29 Special control of anti-competitive practices 31 dispute resolution 42 International Cooperation 46 telecommunications 48 post 52 energy 54 railway 56 Telecommunications 58 Market watch 60 ruling chamber decisions 87 Further decisions 94 court proceedings 110 coNteNtS 3 46 58 116 132 174 International Telecommunications Post Electricity and Gas Railway Cooperation Post 116 Market watch 118 ruling chamber decisions 127 court proceedings 129 Electricity and Gas 132 Market watch 134 activities and proceedings 144 court proceedings 170 Railway 174 Market watch 176 activities and proceedings 182 court proceedings 189 Agency’s functions, structure and core tasks 192 Strategic plan 2009 198 List of abbreviations 224 Contact points 236 4 Federal Network ageNcy | aNNual report 2008 President’s message the global financial and economic crisis calls for exceptional efforts and spe- cial measures to stimulate growth and employment. the provision of essential services for the public and investment in infrastructure are two focal points, offering as they do considerable potential to boost the economy. thanks to information and communications technologies, millions of jobs have been created with mobile communications and Internet services; con- sumer patterns have changed radically, as has the economy as a whole. and the innovative stimulus is far from over. as fixed and mobile connections are provided at ever higher speeds, promising new applications will emerge that are not possible with the capacity available today. thus broadband rollout is rightly the centre of interest. yet there is still con- siderable doubt about whether the huge estimated investment of 30 billion euros can be financed, whether it is justified by demand and whether it will give potential investors the prospect of adequate returns. the Federal Network agency will be happy to share its experience from the past decade to facilitate achievement of the ambitious aims of the federal government’s broadband strategy. the aim of well-functioning competition and regulation has never been just low prices for the consumer, but has always included the provision of modern infrastructures and innovative services as well. In germany, deutsche telekom AG and its competitors have built up, in almost equal parts, one of the most modern telecommunications infrastructures, investing multi-billion sums each year to do so. Hence we don’t need to reinvent the wheel, in our case the competition rules; we must just apply them suitably to the new challenges. the rules are flexible and future-oriented enough. we will also take them forward where fibre rollout lends itself to collaborative activities and shared use of infrastructure. presideNt’S Message 5 Huge investment is also needed in the electricity and gas networks. these must be adapted rapidly to meet the requirements of europe-wide trading and the promotion of renewable energy. at the same time, the debate about changes in grid ownership structure is fully underway. the clear-cut decisions of the agency are an important contribution to provi- ding predictable framework conditions for huge, double-digit billion invest- ment. If risky promises of double-digit returns from the financial services sector have led to a massive destruction of capital as we have seen in past months, invest- ment budgets and incentive regulation will bring medium and long-term security for investors in the networks and provide constant, steady returns. this should cause investors seeking long-term investments to rethink and consider the networks. Besides the expansion and upgrading of the electricity and gas networks, the control of supply and demand by means of the smart grid will play an ever greater part. we will do our bit to accelerate the installation of smart metering technologies. the combination of modern information technology and grid control information is a big opportunity for innovation, as it can reduce net- work management costs and contribute significantly to saving energy. 6 Federal Network ageNcy | aNNual report 2008 these examples show how investments can be made, jobs created and, in the long term, the infrastructures in germany expanded and upgraded with innovation. Investment in the networks will trigger follow-up investments in the downstream sectors of trade, services and production, not possible without modern networks. Hence the networks have a key, catalytic role in every innovation strategy. the question is not whether we need more regulation or less regulation, an issue that is often discussed superficially and driven by special interests. It reveals an alarming thinking in black and white terms that should have been thrown overboard long ago, given the poor regulation of the financial markets. only good, forward-looking regulation can create a balance between predicta- bility on the one hand and innovation and competition for better concepts and ideas on the other. the Federal Network agency and judicious regulation are not part of the problem, but invariably part of the solution. Matthias kurth president presideNt’S Message 7 8 Federal Network ageNcy | aNNual report 2008 Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway General Staff Council President Staff Council General Spokesperson for Disabled Persons Spokesperson for Disabled Persons Vice President Vice President Data Protection Commissioner Ruling Chamber 1 Z IS 1 2 President‘s Chamber Equal Opportuni- Market Definition and ties Commission Business Support Information Technology Telecommunications Legal Telecommunications Market Analysis under and Security Regulatory Economics Regulation Issues Frequency Sections 10 ff TKG Regulation Ruling Chamber 2 Regulation of Telecommunications Retail Markets (Markets 1 - 7*, Broadband Ser- vices, Mobile) Regulation of Wholesale Z1 Z2 Leased Lines (Markets 13, 14)* Subscriber Data, Collection Services, Porting Organisation General Legal Affairs Personnel Finances Controlling Ruling Chamber 3 Regulation of IS 11 111 211 220 Telecommunications Wholesale Z 11 Z 21 Markets, Fixed and Mobile Information Technology Telecommunications Legal Issues Technical and Regulatory Issues of Regulatory Sector-Specific Control of Efficient and Interference-free Use (Markets 8 -12, 15 -18)* Organisation General Legal Affairs Economic Policy Issues Anti-Competitive Practices of Frequencies Occupational Health and Safety Part 7 TKG Legal Issues Telecoms Data Protection Administrative Offences Ruling Chamber 4 IS 12 112 212 221 Z 12 Z 22 Individual Use of System Charges IT Solutions Development Market Watch Spectrum Management Procedures, “Radio Frequency Utilisation Electricity, Pipe to Pipe Telecommunications Market and Competition Aspects Concepts” International Affairs Policy, Personnel Representation Tariff and Contribution Competition Gas Frequency Usage Planning Legislation, Senior and Upper Grade Charges Legislation Innovative Radio Applications Service Staff, Special Unit Collection Services Further Training IS 13 113 213 222 Ruling Chamber 5 Z 13 Z 24 Workflow Structuring Business Management Frequency Award and Broadcasting and Modelling and Accounting Issues Assignment Policy Rates Regulation and Special Medium and Basic Grade Service Budget Cost Accounting Telecoms Control of Anti-Competitive Staff, Salaries, Remuneration, Travel Budgeting Examination of Practices Postal Markets and Relocation Expenses Tax Matters Rate Proposals Personnel Management IS 14 114 214 223 Z 14 Z 25 Information Requests Internet Economy Determination of Satellite Services, Fixed Services Civil Defence Frequency Requirements below 30 MHZ, Short Term Usage, Ruling Chamber 6 Buildings Purchasing Frequency Usage Plan Civil/Military Frequency and Site Real Property Motor Vehicles Regulation Coordination Accident Compensation Electricity Networks Special Unit Sickness Allowances IS 15 115 215 224 Z 15 Z 26 International Mobile Radio Frequency Qualified Electronic International Trunked Radio, Coordination, Digital Cellular Networks, Signatures Telecommunications Affairs Special Award Proceedings, Centralised Internal Controlling Public Paging Networks, Railway and Policy Issues Reporting Requirements Assignment-Related Aspects Administration Transaction and Public Safety Authorities and Organisa- Ruling Chamber 7 of Tariff and Contribution Library Cost Accounts tions, Aeronautical, Maritime Mobile and Charges Legislation Inland Waterways, Radionavigation and Regulation Special Unit Translation Service Quality Management Radiodetermination Services Gas Networks IS 16 116 216 225 Provision Continuity Market Definition and Universal Service Non Public Radio Applications Telecommunications and Post, Market Analysis Public Affairs Amateur Radio Technical Implementation Section 12 TKG Procedures Consumer Issues of Intercepts Dispute Resolution Panel Ruling Chamber 8 Use of IS 17 117 226 System Charges Electricity Compliance with Data Numbering Policy Radio Relay Protection and Postal and Telecommunications Privacy, Telecommunications