In view of the upcoming first reading of the amendment to the Telecommunications Act (TKG) in the German Bundestag, the BVI Bundesfachverband der Immobilienverwalter e. V. has reiterated its demand for further corrections to the draft bill. Although the German government has already made some improvements to the original draft, the association believes the fundamental problem remains unresolved. The planned amendment, which aims to enable comprehensive, nationwide fibre optic expansion, deeply interferes with existing ownership, decision-making and administrative structures. However, BVI President Thomas Meier states that there is a lack of sufficiently clear rules for practical implementation in the approximately 9.3 million affected dwellings nationwide.
Mr Meier emphasises that broadband expansion in homeowners' associations (WEG) requires a legally sound resolution, as many parties must decide together here. In order to prepare and implement the necessary resolutions in a legally secure manner, clear rules for deadlines and detailed issues, such as access to private property, are indispensable. Otherwise, the BVI fears that the TKG amendment will lead to uncertainties and conflicts within WEGs, which would delay the desired accelerated fibre optic expansion.
Need for adjustments to deadlines and access rights
The BVI positively assesses that the government draft now takes building processes more into account. Network operators must combine their full expansion request with a concrete offer for the building connection and in-house cabling. Contractual penalties are foreseen for delays. Furthermore, the deadline for inspection and coordination of the cable route for WEGs has been extended from six weeks to five months. Despite these improvements, the right to full expansion remains contentious from the BVI's perspective. The compatibility of the entire procedure with the decision-making processes of a WEG is crucial, according to Meier.
The BVI particularly criticises the 24-month deadline granted to owners for establishing the in-building fibre optic infrastructure with their own partners. This deadline is considered too short for larger portfolios and tenders. For cross-building expansion programmes, the BVI demands a longer deadline of at least 36 months.
- —Regulations for access to existing building networks require further clarification, as the current order of review by the Federal Network Agency creates legal uncertainty.
- —The requirements for fibre optic equipment during a 'major renovation' are vaguely worded. A definition that includes an energy-efficient facade renovation could trigger work on the fibre optic cabling inside the building, which is not structurally related, thus causing additional effort without synergies.
- —The BVI demands a more precise wording of the term 'major renovation'.
BVI President Thomas Meier summarises that broadband expansion can only progress swiftly if all parties can plan reliably. This requires realistic deadlines, clear access rules, and regulations that are compatible with practice in homeowners' associations. The ongoing parliamentary process offers the opportunity to sharpen these critical points and thus remove the final hurdles for comprehensive fibre optic expansion in Germany.
