German Federal Administrative Court limits open‑access duties for broadband networks

The Federal Administrative Court in Leipzig clarified the scope of the open‑access claim under Germany’s Telecommunications Act for publicly funded broadband projects. While confirming competitors’ right to non‑discriminatory access to funded networks, the court ruled that the obligation applies only to existing ducts that are functionally part of the subsidised infrastructure. Ducts built independently without a direct link to the funded network are not automatically subject to open‑access requirements, and network owners are not forced to expand capacity to satisfy rivals.

The court also upheld the right of network operators to charge competitors for the cost of preparing an access offer, invoking the “polluter‑pays” principle. The case involved two Bavarian municipalities where a provider built VDSL‑Vectoring broadband with public funds and a rival sought access to empty ducts. The ruling sends a signal to telecom investors about property protection, planning certainty and cost recovery in the German broadband market.