Vokietija – Interneto paslaugų teikėjai (ISP) – TITTLNG-Gigabit-RL 2.0 (2025) - Auswahlverfahren einer Dienstleistungskonzession im Wirtschaftlichkeitslückenmodell für die Planung, Errichtung und den Betrieb eines Gigabit-Netzes

Tendering procedure with participation competition in accordance with § 12 KonzVgV in conjunction with § 14, paragraph 2, paragraph 3, No. 2, No. 3 VgV, § 119, paragraph 5 GWB (two-stage tendering procedure) to determine a network operator for the planning, construction and operation of a Gigabit network in the economic viability gap model in the advertised expansion areas according to the directive "Support for the promotion of the gigabit expansion of telecommunications networks in the Federal Republic of Germany" dated 31.03.2023 in the version of the 2nd amendment dated 13.01.2025 (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 "Support for the promotion of the gigabit expansion of telecommunications networks in the Federal Republic of Germany" dated 31.03.2023 in the version of the 2nd amendment dated 13.01.2025 (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 advertised addresses of the expansion area are, according to the result of the market survey, subsidizable underserved addresses in the sense of the Gigabit-RL 2.0. For this reason, a Gigabit network should be built there as a technology-neutral network designation (network with a broadband supply of at least 1 Gbit/s symmetrically under peak load conditions for all end users of the advertised addresses) in the underserved areas, whereby the up- and download rates must at least double. Reference is made to the "B-Performance Description" incl. its annexes. The concession grantor classifies the advertised "Contract for the transfer of grants in the context of the gigabit expansion in the municipality of Tittling for the purpose of planning, construction and operation of a gigabit-capable broadband network in the economic viability gap model according to the directive "Support for the promotion of 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, paragraph 1, No. 2 GWB. The concession grantor thereby transfers to the concessionaire the realisation of the supply of the population with gigabit connections, which is incumbent on it as a task of public welfare, whereby the concessionaire obtains the right of use of the Gigabit network and receives the remuneration for its activity primarily through the fees of the end customers, while the concession grantor only grants a subsidy to cover the economic viability gap, which, according to § 105, paragraph 1, No. 2 GWB, does not stand in the way of a service concession. The focus of the concessionaire's activity lies in the service of operating the broadband network for a period of at least seven years. The concession grantor further classifies the Gigabit network to be planned, built and operated as a "public communications network" within the meaning of the sectoral exemption according to § 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 give rise to a claim for their applicability.