City of Riedenburg - Gigabit-RL 2.0 (2024) - Selection procedure of a service concession in the economic gap model for the planning, construction and operation of a gigabit network

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RIEDENBURG1BP05-1 (TNW)

Negotiated procedure with participation competition in accordance with § 12 KonzVgV in conjunction with § 14(2), (3)(2), (3) VgV, § 119(5) GWB (two-stage negotiated procedure) for the determination of a network operator for the planning, construction and operation of a gigabit network in the economic gap model in the advertised development areas in accordance with the directive "Promotion to support the gigabit expansion of telecommunications networks in the Federal Republic of Germany" of 31.03.2023 in the version of the 1st amendment of 30.04.2024 (hereinafter "Gigabit Directive 2.0"). The main basis of the procedure are the "Framework of the Federal Republic of Germany to support the nationwide deployment of gigabit networks" of 01.08.2024 (hereinafter "Gigabit-RR 2.0"), the Directive "Support for the gigabit expansion of telecommunications networks in the Federal Republic of Germany" of 31.03.2023 in the version of the 1st amendment of 30.04.2024 (hereinafter "Gigabit-RL 2.0") and the Communication of the European Union "Guidelines on State aid for the promotion of broadband networks" of 31.01.2023 (2023/C 36/01). The advertised addresses of the development area are, according to the results of the market survey, eligible underserved addresses within the meaning of the Gigabit Directive 2.0. For this reason, on the basis of this selection procedure, a gigabit network should be established there as a technology-neutral network designation (network with a broadband coverage of at least 1 Gbit/s symmetrically at 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 also made to the specifications of the "B-service description" including its annexes. The grantor classifies the advertised "contract for the transfer of grants in the context of the gigabit expansion in the city of Riedenburg for the purpose of the planning, construction and operation of a gigabit-capable broadband network in the economic gap model according to the directive "Promotion to support the gigabit expansion of telecommunications networks in the Federal Republic of Germany - Gigabit Directive of the Federal Republic of Germany 2.0 (Gigabit Directive 2.0)" as a service concession within the meaning of § 105(1)(2) GWB. The grantor thus transfers the provision of gigabit connections to the concessionaire, which receives the right to use the gigabit network and receives the remuneration for its activity primarily through the fees of the end customers, while the grantor only pays a subsidy to cover the profitability gap, which, according to § 105(1)(2) GWB, does not preclude a service concession. The activity of the concessionaire shall focus on the operation of the broadband network over a period of at least seven years. The grantor further classifies the gigabit network to be planned, built and operated as a "public communication network" within the meaning of the area exemption pursuant to § 149 No. 8 GWB, so that the 4th part of the GWB does not apply. Insofar as the documents of the selection procedure refer to standards of Part 4 of the GWB, this does not justify any claim to their applicability.

Electronic via:
https://www.dtvp.de/Satellite/notice/CXP4YV8MXPM

Electronic submission: required
https://www.dtvp.de/Satellite/notice/CXP4YV8MXPM

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DE Deutschland
DE226 Kelheim

72411000 - Internet service providers ISP

32571000 - Communications infrastructure

32412000 - Communications network

64210000 - Telephone and data transmission services

64200000 - Telecommunications services

32560000 - Fibre-optic materials

32562000 - Optical-fibre cables

32561000 - Fibre-optic connections