Netzzusammenschaltung in der Telekommunikation

The ideal allocation and use of the incumbent monopolist"s network capacities within the Interconnection of telecommunications networks are both economically efficient and competitive. However, it raises various questions concerning regulatory issues, antitrust and contract laws. In Germany, the differing interestes of the competing network operators currently lead to increasing judicial challenges to the interconnection-related decisions by the newly established federal regulatory commission.
This analysis focuses on the statutory regulation requirements and the regulatory and antitrust case law in U.S., European and German law. In addition, issues pertaining to the WTO/GATS agreements on trade in services are addressed. Interconnection agreements are discussed in regards to their contents, economics and technical requirements and examined under German law. The comparison of the different legal systems encompasses a discussion of the transferability of issues and solutions to the German situation. Various suggestions to amend the current German "Telekommunikationsgesetz" are presented.
The author, LL.M. (Emory), received his legal education at the Universities of Konstanz/Germany, Paris Sorbonne and Assas/France, and Emory/Atlanta, USA.