Hengeler Mueller advises 1&1 on 2026–2030 2.6 GHz spectrum lease with Telefónica

Hengeler Mueller advised and represented 1&1 Mobilfunk GmbH (1&1) in proceedings before the Federal Network Agency concerning a spectrum leasing agreement with Telefónica Germany GmbH & Co. OHG (Telefónica). 1&1 Mobilfunk GmbH and Telefónica have reached a settlement in a telecommunications law dispute resolution proceeding before the Federal Network Agency on the continued granting of usage rights to mobile spectrum in the 2,600 MHz band. The spectrum leasing agreement, signed at the end of November 2025, obliges Telefónica to provide 1&1, from 1 January 2026, with a 2x10 MHz spectrum package in the 2.6 gigahertz (GHz) band until the end of the frequency assignment term on 31 December 2030. Telefónica’s obligation to lease the spectrum to 1&1 arises from the decision of the President’s Chamber of the Federal Network Agency dated 24 March 2025, which declined to order a new award procedure and extended frequency assignments in the 800 MHz, 1,800 MHz and 2,600 MHz bands. As the spectrum leasing agreement between 1&1 and Telefónica concluded in 2019 faced expiry on 31 December 2025 without an extension, 1&1 applied to the Federal Network Agency and initiated the dispute resolution proceeding. In negotiations moderated by Decision Chamber 2 the parties reached a settlement; the details of that settlement remain confidential. The Federal Network Agency has approved the new spectrum leasing agreement. The spectrum lease constitutes an essential element for 1&1’s plans to build its own 5G mobile network and to consolidate its position as Germany’s fourth mobile network operator. Hengeler Mueller represented 1&1 Mobilfunk GmbH with a team composed by: Corporate/Contract Law: Daniela Favoccia (partner, lead, Frankfurt), Florian Klose (associate, Düsseldorf), Simon Frenzel (associate, Düsseldorf); Regulatory: Katharina Hesse (lead, Düsseldorf), Dirk Uwer (partner, Düsseldorf/London). In-house team 1&1 represented 1&1 Mobilfunk GmbH and 1&1 AG with a team composed by: Christian Bron (General Counsel, 1&1 AG) and Marc Schütze (Director Regulation, Group United Internet).

Hengeler Mueller advises 1&1 on 2026–2030 2.6 GHz spectrum lease with Telefónica

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