Though the regulator is aligned with the Government’s prior recommendations, the EU’s Digital Networks Act may yet have implications for Deutsche Telekom’s eventual network shutdown
BNetzA’s response to the German Government’s paper on accelerating copper retirement
On 19 January 2026, BNetzA published its proposed regulatory approach to copper retirement in Germany. The regulator recommends a series of legislative changes it considers necessary to expand its ability to oversee the shutdown of former incumbent Deutsche Telekom’s legacy network. BNetzA stated that the aim of these proposals is to advance its own “impulse paper” on the copper to fibre migration published in April 2025 and the discussion paper published by the German Federal Ministry for Digital and State Modernisation (BMDS) in October 2025, as well as to respond to the ongoing debate around copper retirement in Europe, particularly in light of the EC’s draft Digital Networks Act (DNA). The regulator cautions that its recommendations are only an interim step in developing a comprehensive vision for migration, which will be informed by the future publication of Deutsche Telekom’s own migration plan. The consultation on the proposed framework will remain open through 16 March 2026.
A three-year timeline for network shutdown
In positioning its role in the copper migration process, BNetzA recognises that Germany lags behind in both fibre rollout and adoption, stating that it aims to create the regulatory conditions needed to catch up with European peers as quickly as possible. Referencing concerns raised in prior papers, the regulator notes that altnets require greater transparency and consistency to plan fibre investments, and that consumers should also be informed at each stage in the migration process. BNetzA largely accepts the recommendation made by the BMDS in proposing that Deutsche Telekom be required to submit a comprehensive retirement plan within a given timeframe, but notes that legislative change would be required to enforce such a measure through a transparency obligation. The regulator also largely adopts the Government’s proposed three-year timeline for migration, beginning with a 12-month notice period for the planned retirement in a given region, which would be followed by a 24-month stop sell in advance of network shutdown. BNetzA states that it would conduct a review during the initial 12 months to confirm all coverage thresholds are met and predicts that this period could be shortened as the migration progresses across the country and reviews are simplified between affected regions.
BNetzA is seeking further guidance from the Government on exceptions to its proposed coverage thresholds and on regulating migration costs
Regarding transparency for altnets, the framework specifically seeks to respond to complaints that Deutsche Telekom could unfairly maintain access to its copper network in regions where only competing fibre networks have been built. BNetzA proposes that copper retirement should be mandated anywhere that relevant coverage thresholds are met by any fibre network, including:
80% of all businesses and homes are provided with fibre to the home (FTTH) connections; and
A suitable “open access” wholesale offer is available to access seekers.
The regulator further specifies that, in principle, the final network shutdown in any region should not proceed before nationwide fibre coverage is achieved. BNetzA notes that while these coverage conditions could be introduced either via legislation or new rules issued by the regulator, it would seek further input from the Government on how to address exceptions for premises that reject fibre connections or that present disproportionately high costs for operators. Regarding access provisions for fibre networks, the regulator also requests a legal clarification of symmetric access conditions within the Telecommunications Act (TKG) to support its determination of suitable wholesale offers in the context of copper migration. BNetzA acknowledges the potential need for intervention on assigning costs for migration between the former incumbent and access seekers, but only recommends further study through a “testing framework” to ensure that incentives from cost allocation results in neither a rushed nor a delayed migration.
The DNA’s proposed 2035 EU-wide retirement deadline would put pressure on the German Government’s projected timeline
Throughout its framework, BNetzA references potential EU-wide changes to copper migration processes and consumer protection under the DNA. When adopted, the DNA could raise the coverage thresholds for fibre networks to 95% of premises within a region for retirement and introduce an additional requirement that affordable retail services are available to consumers at the time of retirement. Member States with ongoing copper migration processes would be required to adopt binding legislation mandating the decommissioning of copper networks, with operators required to submit retirement plans to national regulators within six months of those laws being adopted, aligning with BNetzA’s own recommendation. Though the DNA’s broad retirement deadline of 2035 across the EU aligns with the most optimistic projection of Germany’s timeline offered by the BDMS (between 2035 and 2040), the legislation would nonetheless require further amendments to the increasingly defined plans laid out by the Government and regulator, as well as an acceleration of work by Deutsche Telekom to prepare for network shutdown.
