1&1 AG: Need for Fair Frequency Allocation according to Di Fabio's Expertise

A recent expertise commissioned by 1&1 AG and conducted by Professor Udo Di Fabio, former judge at the Federal Constitutional Court, emphasizes the crucial importance of equality in frequency allocation for mobile network operators in Germany. This legal analysis highlights that any extension of frequency usage rights exclusively benefiting established operators would violate the fundamental law by discriminating against the new entrant, 1&1.

The introduction of the Open RAN technology by 1&1, the first of its kind in Europe, marks a turning point, but the need for fair frequency allocation becomes crucial to support this innovation and ensure the operator's competitiveness in the market. Di Fabio's analysis indicates that free competition and equal opportunities, principles enshrined in the German constitution and EU directives, are threatened by the allocation methods envisaged for January 2026.

The decision of BNetzA to consider extending existing usage rights for three operators instead of holding an auction could, according to Di Fabio, constitute a violation of legitimate expectations and equality, calling into question the constitutionality of this measure. Ralph Dommermuth, CEO of 1&1 AG, calls for fair treatment truly enabling innovation and competition in the sector.