The Invitation to Tender as an Unsuitable Procedure for Awarding Mobile Radio Frequencies

Abstract

Abstract With the amendment to the Telecommunications Act (TKG), which came into force on 1 December 2021, the priority of auctioning as the standard award procedure for frequencies in the event of scarcity has been abolished. The TKG provides for two possible award procedures for frequencies in the event of scarcity. These are, on the one hand, the auction and, on the other hand, the invitation to tender. The legal text of the new TKG states that the award procedure which best ensures the achievement of the regulatory objectives of the Act is to be carried out. In the case of awarding scarce mobile frequencies, however, the tender procedure is generally unsuitable for achieving regulatory objectives such as efficiency and transparency.