AnnualKernaufgabe Report Infrakstrukturausbau 2019 NetworksNachhaltige for Verbindungen the digital world schaffe 1 Editorial 2 Foreword 6 Energy 8 Market watch 12 Security of supply and network expansion 22 Consumer protection and advice 26 Rulings, activities and proceedings 38 International cooperation 42 Telekommunications 44 Market watch 64 Consumer protection and advice 76 Rulings, activities and proceedings 86 International cooperation 92 Post 94 Market watch 102 Consumer protection and advice 108 Rulings, activities and proceedings 112 International cooperation 116 Rail 118 Market watch 122 Rulings, activities and proceedings 130 International cooperation 132 Core tasks and organisation 139 List of abbreviations 142 Contacting the Bundesnetzagentur 143 Publisher's details Bundesnetzagentur Strategic Plan 2020 The Bundesnetzagentur is required under section 122(2) of the Telecommunications Act (TKG) to include a strategic plan in its Annual Report, listing matters of legal and economic policy in telecommunications to be addressed by the Bundesnetzagentur in the current year. In addition, the Bundesnetzagentur includes all its main projects in all its fields of activity in which issues of fundamental importance are expected in 2020. The strategic plan can be found at www.bundesnetzagentur.de/vorhabenplan EDITORIAL | 1 Greater competition and transparency in the markets for energy, telecommunications, railways and post strengthen Germany’s industrial competitiveness and make it more attractive as a place to do business. The consumers profit from this as well. Through its decisions, the Bundesnetzagentur ensures fair competition among the providers in the energy and telecommunications markets. It also promotes continued development of competition in the post and railway sectors. In order to prevent congestion, the networks must be expanded. For instance the energy transition requires a comprehensive modification of our electricity supply system, and the rapid development of the telecommunications market necessitates a constant expansion of the communication networks. The Bundesnetzagentur makes sure that companies can invest in their networks so that Germany has, and will continue to have, a modern, efficient infrastructure. Competition adds options. The multitude of products, however, makes the market more complex. Here the Bundesnetzagentur facilitates the dialogue between the companies and the consumers, ensuring that customers’ rights are safeguarded. The Bundesnetzagentur is an independent, competent point of contact in the energy, telecommunications and postal sectors. 2 | BUNDESNETZAGENTUR | ANNUAL REPORT 2019 The president and vice-presidents of the Bundesnetzagentur Dr. Wilhelm Eschweiler, Jochen Homann and Peter Franke (from left to right) FOREWORD | 3 »The Bundesnetzagentur fosters corporate investments in telecommunications networks to make them fit for the future.« Dear Reader, The Bundesnetzagentur’s work addresses key economic The number of complaints about unsolicited and social issues. Infrastructure and the provision of marketing calls declined over the last year from vital services are the focus of politics. Efficient around 62,200 to around 57,600. At the same time, the networks are essential for people in Germany, and they Bundesnetzagentur continues to take action against secure the country’s future as an attractive business companies operating unfairly. In 2019 it imposed fines location. totalling €1.3m. Compared with the previous year, there was a slight increase in the number of complaints As an independent regulatory authority, the and inquiries regarding telephone number misuse, Bundesnetzagentur fosters corporate investments in with around 125.500 written complaints and inquiries. telecommunications networks to make them fit for the As part of its efforts to combat this problem, the future. In this way, the Bundesnetzagentur is laying the Bundesnetzagentur cut off around 530 telephone groundwork for Germany’s digitisation. The conclusion numbers and issued bans on billing and collection to of the spectrum auction once again attracted much around 6,700 telephone numbers. The new consumer public attention to us. Spectrum totalling 420 MHz in protection requirements for customer payment via the 2 GHz and the 3.6 GHz bands was auctioned for an mobile phone bill will be particularly important. The overall sum of €6,549,651,000. The Bundesnetzagentur determination prevents the notorious “subscription provides additional spectrum in the 3700 to 3800 MHz traps” while also taking the market participants’ band for local broadband networks – a special interests into account by enabling innovative payment innovation with the objective that the new 5G mobile models. communication standard can reach its full potential in trade and industry, too. Our market monitoring staff in our regional offices and locations throughout Germany has withdrawn a We have also taken important steps forward regarding number of devices from the market. Our radio the general conditions for broadband expansion in the monitoring and inspection service has eliminated landline network. With the market definition and numerous radio disturbances in rural areas and analysis for the “last mile” and the beginning of the conducted coverage measurements to check the process for the regulatory order, the regulatory current mobile coverage status. Furthermore, we have framework for fibre connections has taken shape. developed a new calculation method for 5G, and our Rather than superimposing existing copper-network radio monitoring and inspection service has developed regulation as-is onto new fibre-optic lines, the a 5G measuring method that is ready for intention is to implement targeted regulation whilst implementation and enables quick testing of base keeping it to the minimum necessary. station sites for electromagnetic compatibility. 4 | BUNDESNETZAGENTUR | ANNUAL REPORT 2019 »In the energy sector we continue to make our contribution to the success of the energy transition and we are closely following the restructuring of the energy landscape.« In the energy sector, we continue to make our In December we approved the scenario framework for contribution to the success of the energy transition and the gas NDP. Here green gases and the lively discussion we are closely following the restructuring of the about the use of hydrogen in the energy system are energy landscape. Amidst the remodelling of the playing an increasingly prominent role. generation structure, the expansion of the electricity networks remains an urgent matter. Here we are About 19,000 queries and complaints were sent to the making great progress. Bundesnetzagentur's energy consumer advice service last year. Key consumer concerns were billing, price Nearly all of the large network expansion projects of increases, delays in switching supplier and contractual the Federal Requirements Plan Act (BBPlG) are in disputes. The Bundesnetzagentur worked together advanced planning phases. At the end of the third with the PTB (Physikalisch-Technische Bundesanstalt quarter of 2019, 881 km of lines from the Power Grid – National Metrology Institute) to add public keys to Expansion Act (EnLAG) had been completed. By the the charging stations map. Public keys allow users of end of the third quarter of 2019, there were about charging points to check remote readings for accuracy. 2,505 km of lines from the Federal Requirements Plan Act (BBPlG) in the spatial planning or federal sectoral In 2019, essential groundwork was laid in the postal planning procedures, about 1,680 km about to be or in sector. For example, as part of the price cap decision, the planning approval or notification procedures, and we set the parameters for letter price increases until 361 km of lines had been completed. 2021, and subsequently we approved the Deutsche Post letter prices. For the approval we took the recent In spite of all the changes, we noted that supply amendment to the charges regulation into account. interruptions have remained at a low level. In the few Further changes are also emerging regarding future instances where we identified unusual occurrences in postal regulation through a fundamental revision of the energy market, our ruling chambers and our the Postal Act, which is now 20 years old. market transparency unit reacted promptly, launched investigations and further improved the market design. FOREWORD | 5 In the rail sector the Bundesnetzagentur approved, among other things, the 2020 track access charges, DB Netz AG’s incentive system and the station charges. In conducting the review for competitiveness in the area of maintenance, we consulted the market about our assessment of appropriate regulation. We had to reject several of DB Netz AG’s planned changes to its network statements for the 2020/21 timetable. DB Netz AG had allowed itself too much leeway and some of its planned arrangements were vague. This annual report testifies to the diversity of the Bundesnetzagentur’s work – and gives an idea in many instances of the work that lies ahead for us. I hope you find it a pleasant read! Jochen Homann Präsident of the Bundesnetzagentur »Further changes are also emerging regarding future postal regulation through a fundamental revision of the Postal Act, which is now 20 years old.« ENERGY Restructuring the energy supply The energy transition is making progress. As in previous years, the proportion of conventionally generated electricity is shrinking, while the share of electricity generated