Home » Fields of Law » Public » Planning and Construction Law » Ordinance Concerning Contributions in accordance with the Electromagnetic Compatibility Act (Verordnung über Beiträge nach dem Gesetz über die elektromagnetische Verträglichkeit von Geräten, EMVBeitrV)

Ordinance Concerning Contributions in accordance with the Electromagnetic Compatibility Act (Verordnung über Beiträge nach dem Gesetz über die elektromagnetische Verträglichkeit von Geräten, EMVBeitrV)

In the version published on 12 November 1993

Translation provided by the Federal Regulatory Authority for Telecommunications and Posts and reproduced with kind permission.


Table of Contents

§1 Levying Contributions
§2 Liability to Contribute
§3 Determining the Expenditure
§4 Determining the Contributions
§5 Notification of Contribution, Date of Payment
§6 Reimbursement of Part of the Contribution
§7 Entry into Force


On the basis of §10 (2) of the Electromagnetic Compatibility Act (Gesetz über die elektromagnetische Verträglichkeit von Geräten) of November 9, 1992 (Federal Law Gazette, Part I, p 1864), the Federal Ministry of Posts and Telecommunications issues the following Ordinance:

§1 Levying Contributions

In order to cover the required expenditure for the tasks set out in §6, 2nd sentence nos 1 and 2 of the Act the Federal Office for Posts and Telecommunications (BAPT) shall levy annual contributions in accordance with this Ordinance.

§2 Liability to Contribute

(1) Every transmitter operator within the meaning of §2 no 11 of the Act shall be liable to contributions.

(2) Liability to contribute shall commence as soon as the legal prerequisites for starting up the transmitter or the transmitting network have been met. It shall end when the legal prerequisites for starting up the transmitter or the transmitting network are no longer applicable or when the transmitter or network is proven to be no longer operated.

(3) The following shall be exempted from liability to contribute according to paragraph 1

  1. The Federal Ministry of Defence;
  2. Authorities and organisations concerned with public safety that use radio stations only for tasks that they have been entrusted with by law, by virtue of a law or by an agreement under public law. These are

a) The police forces of the individual federal states;

b) The federal police force and the Technical Emergency Service;

c) The disaster control authorities and private organisations involved in further control of disasters insofar as they use radio stations provided by the Federal Ministry of the Interior;

d) The federal customs administration;

e) Local fire brigades, state-approved works fire brigades as well as other public fire brigades if they can also be deployed under their contract outside their premises;

f) The disaster control authorities of the individual federal states, public disaster control institutions and the organisations active in disaster control according to state law;

g) The official emergency services according to state law provisions and the providers of emergency services for the public;

h) The authorities and offices charged by law with safety and enforcement duties where the Federal Ministry of the Interior in conjunction with the relevant highest authorities of the federal states have recognised the necessity of cooperation with the police by means of radio.
The authorities and organisations specified under letters e) to g) shall only be exempted from the liability to contribute if the relevant highest federal state authority so agrees;

  1. Transmitter operators for whom the administrative expense of collecting the contribution would be higher than the contribution itself, in particular operators of transmitters issued with a general licence by virtue of §2 of the Telecommunication Installations Act.

§3 Determining the Expenditure

(1) The expenditure to be covered by the contributions shall be determined and laid down at the beginning of a calendar year on the basis of the total expenditure required in the previous year, bearing in mind the expected costs trends in the current year.

(2) If, during the completion of tasks according to §6, 2nd sentence nos 1 or 2 of the Act the costs according to §9 (1) nos 1 and 3 of the same Act have been settled, this

§4 Determining the Contributions

The expenditure on personnel and operations that has been determined shall be distributed

1. with respect to the expenditure on fulfilling tasks according to §6, 2nd sentence, no 1 of the Act among the individual user groups of the transmitter operators according to the formula below:

TlNGr
ANGr (prüf) = Ages (prüf) ——
Tlnges

whereby the following meanings are assigned:

ANGr(prüf) = Expenditure related to the user group concerned,
Ages(prüf) = Expenditure related to all user groups,
TlnNGr = Number of subscribers to all the radio services within the user group concerned,
Tlnges = Number of subscribers to the radio services of all the user groups;

2. with respect to the expenditure on fulfilling tasks according to §6, 2nd sentence, no 2 of the Act among the individual user groups of the transmitter operators according to the formula below:

StöNGr
ANGr (aufkl) = Ages (aufkl) ——
Stöges

whereby the following meanings are assigned:

ANGr(aufkl) = Expenditure related to the user group concerned,
Ages(aufkl) = Expenditure related to all user groups,
StöNGr = Time required to discover and prevent electromagnetic incompatibility related to the user group concerned,
Stöges = Time required to discover and prevent electromagnetic incompatibility related to all the user groups;

3. with respect to the expenditure on fulfilling tasks according to §6, 2nd sentence, nos 1 and 2 of the Act among the transmitter operators within the user groups according to the formulae below:

a) Proportion of expenditure according to frequency usage

ANGr

BX x NX

AB  = ——      x ——————————–
  3 B1 x N1 + B2 x N2 + …Bn x Nn

b) Proportion of expenditure according to the proportion of interference

ANGr

StöX

Astö  = ——      x ——————–
  3 Stö1 + Stö2 +…Stön

c) Proportion of expenditure according to the subscriber potential

ANGr

TlnX

ATln  = ——      x ——————–
  3 Tln1 + Tln2 + Tlnn

whereby the following meanings are assigned:

AB = Proportion of expenditure according to frequency usage where Bx x Nx = B1 x N1, B2 x N2, … or Bn x Nn,
AStö = Proportion of expenditure according to the proportion of interference where Stöx = Stö1, Stö2, … or Stön,
ATln = Proportion of expenditure according to the subscriber potential where Tlnx = Tln1, Tln2, … or Tlnn,
ANGr = ANGr(prüf) + ANGr(aufkl), B = Band/channel width of a transmitter,
N = Total number of transmitters with the same band/channel width B,
Stö = Time required to discover and prevent electromagnetic incompatibility related to all the interference sinks in the radio service/network,
Tln = Number of subscribers to the radio service/network.

The total contribution for a transmitter operator results from the sum of the transmitter-related proportions of the expenditure AB, AStö and ATln.

expenditure shall be disregarded when the total expenditure according to para (1) above is determined.

§5 Notification of Contribution, Date of Payment

(1) The annual contribution shall be fixed in a notification from the Federal Office for Posts and Telecommunications.

(2) The analysis of the notification of contribution must show how the contribution of the person liable for payment is made up.

(3) The contribution shall be due one month after delivery of the notification of contribution.

§ 6 Reimbursement of Part of the Contribution

For periods within a calendar year for which no liability to contribute according to §2 (2) applied, paid contributions shall be reimbursed in the amount of one twelfth of the annual contribution for each calendar month if the reimbursement sum amounts to more than 20 Deutschmarks.

§7 Entry into Force

This Ordinance shall enter into force on the day after promulgation. Bonn, November 12, 1993

The Federal Minister of Posts and Telecommunications

Dr. Wolfgang Bötsch

 

The above translation was published by the Federal Regulatory Authority for Telecommunications and Posts. Reproduced with kind permission. This HTML edition by Lawrence Schäfer and © 2001 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.