Large-scale interference in politics: Unlawful 5G frequency assignment
The main concern here is a supposed "service provider obligation" proposed by smaller mobile service providers: Large providers like Deutsche Telekom, Vodafone, and Telefónica, who possess their own networks, would be forced to allow smaller providers with no network infrastructure to utilize their networks at controlled rates. According to earlier news articles, Minister Scheuer allegedly impeded this.
The policies set forth by the Federal Network Agency in 2018 merely necessitate large providers to engage in talks with smaller ones regarding network sharing. Consequently, lesser mobile providers continue to offer 5G plans at elevated costs today. This dearth of rivalry causes an overall increase in mobile phone prices in Germany.
Smaller providers have repeatedly lodged complaints against the awarding rules, but were unsuccessful in lower courts until 2021. The Federal Administrative Court then adopted a different stance and sent the case back to Cologne. The local administrative court was tasked with examining whether the Federal Network Agency was influenced unfairly in its judgment, as there were allegations of illicit political interference.
In its judgment last Monday, the Cologne court validated these suspicions. The impact of Scheuer's ministry (BMVI) was shown to be so substantial that it undermined the EU-guaranteed independence of the Federal Network Agency, the court mentioned. It's probable that the Federal Network Agency would have shaped its decision differently "absent the substantial influence of the BMVI".**
Andreas Scheuer, as mentioned earlier, is the minister in question who allegedly impeded the proposed "service provider obligation." Despite the policies in 2018 necessitating discussions between large and smaller providers, the cost of 5G plans remains high for the latter due to lack of competition.
