Internet cables are laid in underground pipes that should have room for multiple cables from different companies. But does the company that owns the pipes have to let the competition in?
Deutsche Telekom has suffered a defeat in court in the dispute over the use of pipes containing Internet cables. The company must grant its competitor Deutsche Glasfaser access to the publicly funded network on two routes in the Bavarian communities of Heßdorf and Großenseebach, the Cologne Administrative Court announced, referring to a corresponding obligation in the Telecommunications Act. An urgent application by Telekom was rejected (case number 1 L 681/24).
Deutsche Glasfaser wanted access so that it wouldn’t have to dig itself. The Düsseldorf-based company’s plan was met with resistance, so it contacted the Federal Network Agency. The agency ruled in favor of Deutsche Glasfaser in a dispute settlement procedure in March, after which Telekom took the matter to court.
In what is known as an expedited procedure, the court has now announced its decision in favor of Deutsche Glasfaser. This means that Telekom must now enable access. The matter could still be dealt with in main proceedings, but this would have no suspensive effect.
Deutsche Glasfaser, which has around 1,900 employees in Germany and says it invests one billion euros every year in expanding fiber optic internet in Germany, welcomed the court decision. “Open access – i.e. open network access – ensures fair competition and offers customers real freedom of choice between strong offers and services,” said a company spokesman.
Telekom maintains its position
A Telekom spokeswoman, however, reacted with incomprehension to the court decision. The empty pipes were built at the company’s own expense, and the state funding only applied to the second step – laying the fiber optic cable in these pipes. “But Telekom should now grant access to all empty pipes on the route and also carry out capacity expansions for competitors at its own expense,” said the Telekom spokeswoman. This is “an infringement on our network property.” After the urgent application was rejected, Telekom will continue to pursue its alternative view in the ongoing legal proceedings.
Source: Stern
