Germany – Internet service providers ISP – Gemeinde Wallersdorf Gigabit-RL_2.0 - Auswahl eines Netzbetreibers für den Netzbetrieb und die Pacht eines Gigabit-Netzes im Betreibermodell

Negotiated procedure with participation competition pursuant to § 12 KonzVgV in conjunction with § 14 para. 2, para. 3 No. 2, No. 3 VgV, § 119 para. 5 GWB (two-stage negotiated procedure) for the determination of a network operator for the operation of passive gigabit network infrastructure in the operator model in the advertised expansion areas in accordance with the directive "Promotion to support the gigabit expansion of telecommunications networks in the Federal Republic of Germany" dated 31.03.2023 in the version of the 1st amendment dated 30.04.2024 (hereinafter "Gigabit-RL 2.0"). The essential basis of the procedure are the "Framework regulation of the Federal Republic of Germany for the support of the nationwide expansion of gigabit networks" dated 01.08.2024 (hereinafter "Gigabit-RR 2.0"), the directive "Promotion to support the gigabit expansion of telecommunications networks in the Federal Republic of Germany" dated 31.03.2023 in the version of the 1st amendment dated 30.04.2024 (hereinafter "Gigabit-RL 2.0") as well as the communication of the European Union "Guidelines for state aid for the promotion of broadband networks" dated 31.01.2023 (2023/C 36/01). The addresses of the development area are, according to the result of the market survey, subsidisable undersupplied addresses within the meaning of the Gigabit-RL 2.0. The grantor plans to subsidise the construction of its own passive gigabit network infrastructure, which will remain in its ownership, in the operator model for all addresses identified as subsidisable and undersupplied. With this selection procedure, the network operator of the passive gigabit network infrastructure still to be constructed is to be determined competitively, who, by way of the service concession to be awarded, leases the entire passive gigabit network infrastructure and operates it with at least 1 Gbit/s symmetrically under peak load conditions for all end users of the advertised addresses in the undersupplied areas, whereby the up- and download rates must at least double. Reference is additionally made to the specifications of the "B-Performance Description" incl. its annexes. The grantor classifies the advertised "Network operation and lease contract within an operator model according to the directive 'Promotion to support the gigabit expansion of telecommunications networks in the Federal Republic of Germany - Federal Gigabit Directive 2.0 (Gigabit-RL 2.0)' as a service concession within the meaning of § 105 para. 1 No. 2 GWB. The grantor thereby transfers the realisation of the supply of the population with gigabit connections, which is incumbent on it as a task of public welfare, to the concessionaire, who obtains the right of use of the gigabit network and receives the remuneration for his activity through the fees of the end customers. The focus of the concessionaire's activity lies in the service of operating the broadband network for a period of at least seven years (84 months). The grantor further classifies the gigabit network to be operated as a "public communications network" within the meaning of the exemption in § 149 No. 8 GWB, so that the 4th part of the GWB does not apply. To the extent that the documents of the selection procedure refer to standards of the 4th part of the GWB, this does not constitute a claim to their applicability.