Right of way (telecommunications law)
The right of way of the federal government gives this authority the power to use traffic routes free of charge and other properties for compensation in order to accommodate telecommunications lines that serve public purposes (see Section 68 (1) and Section 76 (1) TKG ).
Right of way on public roads
As a public transport route that apply ways , places and bridges , through dedication are intended for use by everyone ( § 68 para. 1 sentence 2 TKG). The federal government can use this to lay telecommunications lines (such as subscriber lines ). Due to the liberalization of the telecommunications market, the federal government no longer needs this right, but the private telecommunications companies to which the federal government can transfer this right ( Section 69 (1) and (2) TKG). This transfer is carried out by the Federal Network Agency , after which the private company, as the operator of a public telecommunications network, has submitted an application which must designate the area for which the usage authorization is to be transferred. This is a bound decision ; If the company is demonstrably competent, reliable and capable of setting up telecommunications lines and the transfer of the usage authorization is compatible with the regulatory objectives listed in Section 2 (2) TKG, the Federal Network Agency must transfer the usage authorization. However, the transfer only applies for the period in which the company is also publicly active.
Right to use private land
The owners of private or public land (if these are not traffic routes) are not allowed to prohibit the construction (construction and renovation) and the operation of telecommunication lines. However, this only applies if there is already a line (or system) secured by a right on the property , which is used for construction and the usability of the property is not permanently restricted as a result ( Section 76 (1) No. 1 TKG) or the property is not unreasonably impaired by its use ( Section 76 (1) No. 2 TKG). In contrast to the owners of the traffic routes, however, this owner has the right to demand a sum of money from the operator of the telecommunication line or the owner of the line network if the telecommunication line (for construction and maintenance work) makes the use or income of his property beyond what is reasonable Extent is impaired ( Section 76 (2) TKG).
