Postal reform

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The postal reform was a reform package that aims to privatization of the federal German fund German Federal Post Office was (DBP).

reasons

The rapid technical progress and increasing market dynamics, especially due to the complete opening of the American telecommunications system, put the Bundespost under pressure. It was less and less able to convert the variety of technical possibilities into marketable offers. Since there was no competition on the German postal and telecommunications market, there was no reason for high research pressure, better customer service or cost reductions.

Another reason for the reform was the liberalization debate that started in the late 1970s. In 1986 it resulted in the Single European Act , which was the prerequisite for completing the European internal market . In this single market, the four freedoms should be fully realized: free movement of people , goods, services and capital. This means, among other things, that companies from Member States can offer their goods and services across borders without restrictions. There was a rethinking of state monopoly positions in some areas of the economy. These should be gradually released for free competition. The EC Commission initiated several proceedings against member states in application of the competition rules. As a result, the DBP had to accept a curtailment of its monopoly claims and the surrender of areas of activity.

After the final report of a government commission on telecommunications and the increasing external pressure to liberalize from other member states such as France and Great Britain , the then government commission ( CDU / CSU and FDP ) decided in May 1988 on a reform concept with a majority.

Postal Reform I (1989)

The aim of the reform was to expand and promote the variety of offers in the market areas in which customer needs are developing rapidly. The DBP was restructured according to this law and divided into three public companies. This should avoid inefficiencies and size disadvantages. The Postdienst , Postbank and Telekom companies are managed by a management board and a supervisory board.

The divisions continued to perform sovereign tasks under the direction of the Federal Ministry for Post and Telecommunications . The Deutsche Bundespost continued to maintain its monopoly on letter delivery and on the telephone network, with the exception of mobile communications; all other services could from then on also be carried out by private providers.

The political control options were secured and the unity of the Deutsche Bundespost was not affected. The three companies could not form their own legal personality, conversion into a company under private law was excluded. The conflict between political and corporate goals has also been mitigated, but not abolished for the reasons mentioned above.

After the Postal Structure Act came into force on July 1, 1989, the liberalized market was extremely dynamic. The developments were characterized by rapid growth in offers, deeper product differentiation and sharp falls in prices. The constitutional restrictions that still prevailed restricted the ability of the three DBP companies to act internationally. State-controlled companies are not considered potential partners for strategic alliances. Locational disadvantages for the German economy threatened if the DBP does not face international competition. The Post Reform I now allowed foreign companies to enter the German market, but as the direct federal administration, the three DBP companies could not operate in the liberalized foreign post and telecommunications markets.

Postal Reform I created the conditions for denationalization and the abolition of the monopoly.

Postal Reform II (1994)

In 1989 the federal government began to partially privatize the three state-run DBP companies . In what was then the new federal states, enormous investments had to be made to develop telephone services and mobile communications. DBP Telekom alone invested DM 60 billion in northeast Germany until 1997. In a budget situation that was extremely strained despite enormous borrowing, the federal government avoided contributing own funds, so that the equity ratio fell far below the legally prescribed level of 33%. To serve the interests of voters, the federal government did not increase postage and telephone charges.

Solutions to the capital procurement problems had to be found quickly. The result of a renewed negotiating commission was Postreform II in 1994 after a two-year process. All three DBP companies were to be turned into listed stock corporations . This made it possible to strengthen their equity, participate in international consortia and expand their positions in the world. From 1996 the corporations were subject to unlimited tax liability, but the federal government had considerable fiscal shortfalls. By paying taxes by the three companies, dividends or sales of shares, the federal government received compensation for the loss of their profits. It emerged the German Post AG , the German Telekom AG and the German Postbank AG . For the loss of political control options, the federal government held the majority stake in the postal company. The Federal Agency for Post and Telecommunication Deutsche Bundespost was founded to regulate official and disciplinary measures and to ensure social benefits for civil servants, employees and workers . It also manages the federally owned shares in the companies. The Postbeamtenkrankenkasse remained in existence, but only accepts employees who were already in the service of the Bundespost in 1994.

The federal government remains responsible for sovereign tasks in the postal system and telecommunications. The sovereign tasks include the comprehensive, adequate and appropriate security of the inquirers. This includes questions of standardization and norming, radio frequency management, the issuing of permits for radio systems and the provision for crises and disasters.

The Federal Ministry for Post and Telecommunications (BMPT) described the Post Reform II, passed in summer 1994, as the central event of the year and as one of the greatest reforms in German economic history . Post Reform II was limited to privatization and did not change the competitive structure.

The postal reform had been the subject of controversial public debate; One of the key points of the dispute was the question of the pension benefits of the three postal companies, which amount to around 100 billion marks.

Postal Reform III (1996)

Postal reform III was also discussed controversially in public; Points of contention are, for example, the demand for a universal service from the social democratic-alternative spectrum .

The drafts envisaged an independent regulatory authority with the following tasks:

  • Granting of licenses
  • Formulation of conditions
  • Exercise of control rights
  • Ensuring the connection of competing networks ( interconnection )
  • Regulation of the management of limited resources (frequencies, numbers, rights of way )
  • Approval of the tariffs of the dominant network operator
  • Observation of the quality of the services
  • Ensuring a universal service in the event of a proven undersupply ( market failure )
  • Carrying out of arbitration procedures according to § 10 Postal Services Ordinance

Finally, the Regulatory Authority for Telecommunications and Post (RegTP) was founded in 1998 to replace the Federal Ministry, which was responsible for regulating the technical side of the telecommunications market. In July 2005, the RegTP was renamed the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways, or BNetzA for short .

literature

Individual evidence

  1. ↑ Postumwandlungsgesetz (PostUmwG) .
  2. ↑ Article 143b GG
  3. ^ Act on the establishment of a Federal Agency for Post and Telecommunications Deutsche Bundespost (BAPostG) .
  4. ^ Annual report of the Federal Government 1994, overview