Mobile Connectivity: Addressing Coverage Gaps and Speed Improvements for Consumers

For over five years, the debate surrounding the extension of mobile frequency licenses has been a contentious issue among network operators, regulators, and policymakers in Germany. The central question remains: what truly benefits consumers in the realm of mobile connectivity?

Recent reports suggest that the Federal Network Agency (BNetzA), the regulatory authority, is set to announce its decision on this matter shortly. As the current licenses are due to expire at the end of 2025, it has become increasingly apparent that the agency will avoid another auction of the spectrum. Major mobile operators, including Deutsche Telekom, Vodafone, and O2-Telefónica, have previously warned that such auctions would impose significant financial burdens, draining funds necessary for infrastructure development.

The BNetzA plans to extend the frequency licenses for an additional five years, albeit with associated fees projected to be around 500 million euros. In return, the agency intends to impose stricter requirements for network expansion. By the year 2030, it aims to guarantee a minimum transmission speed of 50 megabits per second (Mbit/s) across 99.5% of Germany's land area for each of the three major networks. This initiative is designed to ensure that even the most remote areas of the country can access HD-quality live broadcasts on their devices.

Furthermore, by 2029, network operators must provide at least 100 Mbit/s to 99% of households in rural regions. This move aims to improve network quality for consumers living in less populated areas, promoting equal living conditions between urban and rural settings. Despite these ambitious targets, consumer advocates continue to raise concerns about persistent coverage gaps in rural regions, where not all three networks are available, and speeds often fail to support anything beyond basic text messaging.

To achieve these goals, it is essential to establish mobile towers even in sparsely populated areas. However, current legal restrictions hinder the complete coverage of Germany's land area, with approximately 4% designated as protected zones where new towers and cabling cannot be installed. The government has previously sought to expedite the expansion of telecommunications infrastructure through the Telecommunications Network Expansion Acceleration Act (TK-NaBeG), which aimed to prioritize mobile network expansion as a matter of public interest, facilitating the installation of technical equipment even within nature conservation areas.

Nevertheless, legislative progress has stalled since mid-November when the Free Democratic Party (FDP) withdrew its proposal for the TK-NaBeG shortly after the collapse of the coalition government. Consequently, any new regulations will need to be reintroduced by the upcoming coalition in the Bundestag, with insiders speculating that the new provisions may not be passed until autumn. The implications of a potential delay in the TK-NaBeG for achieving the expansion targets remain uncertain, suggesting that operators might have to initially build around protected areas.

Another contentious issue involves fostering competition within the mobile sector. A ruling from the Cologne Administrative Court last summer emphasized the need for the BNetzA to prioritize competition, ensuring favorable pricing for consumers. This pertains to the agreements between network operators and service providers, like Freenet, that lack their own infrastructure and thus lease mobile capacity. The BNetzA is expected to implement guidelines to guarantee reasonable contract terms for these service providers, preventing the major operators from unfairly disadvantaging them.

However, the implementation of these guidelines could lead to significant legal ambiguities, resulting in potential litigation. The telecommunications sector has expressed skepticism regarding the necessity and legality of these regulatory measures, arguing that the rental of network capacity serves to maximize infrastructure utilization and recoup substantial investments. With 50 mobile brands and around 1000 tariff options, the industry offers a diverse range of products, resulting in competitive pricing for consumers and enhanced service offerings. The rollout of 5G networks in Germany has positioned the country as a leader in Europe in terms of mobile connectivity.