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Deutsche Telekom AG - Interim Group report - January 1 to September 30, 2011

45Interim Group management report Spectrum allocation proceedings. Auction of LTE frequencies. In April/May 2010, the Federal Network Agency auctioned off additional frequencies in the 800 MHz, 1.8 GHz, 2.0 and 2.6 GHz ranges to the four mobile network operators in Germany. The frequency auc- tion in April/May 2010 was carried out on the legal basis of a general order issued by the Federal Network Agency from October 12, 2009 (Decision of the President’s Chamber). Several mobile communications, cable TV and radio providers have filed actions to rescind this general order with the Cologne Administrative Court. Telekom Deutschland GmbH has not filed a complaint itself and is not involved in the proceedings. The Cologne Administrative Court has already ruled on most of the proceedings and has rejected them in the first instance. On one set of proceedings, the ruling of the Federal Administrative Court was published at the end of April 2011. Essentially, the Federal Admin- istrative Court found that the facts relevant to the decision were insufficiently investigated and referred the proceedings back to the administrative court for further investigation and reconsideration. Accordingly, no final ruling has yet been made on the validity of the Decision of the President’s Chamber. Extension of GSM frequency usage period. In an administrative act issued on July 31, 2009, the Federal Network Agency extended the usage period of the GSM frequencies assigned to T-Mobile Deutschland GmbH (today Telekom Deutschland GmbH), which were originally assigned until December 31, 2009, until December 31, 2016. E-Plus, Telefónica and Airdata objected to the Federal Network Agency’s decision to extend the usage period. Telefónica withdrew its objection; E-Plus’ protest proceedings have meanwhile been suspended. Airdata’s objection was rejected by the Federal Network Agency. On May 16, 2011, Deutsche Telekom learned of a legal action brought by Airdata. An application was immediately submitted to the Cologne Administrative Court on behalf of Telekom Deutschland GmbH for a summons to interested parties to the legal proceedings and for access to the files. This application has not yet been ruled upon. Furthermore, in connection with the aforementioned two proceedings, a share- holder has filed a nullity and rescission suit against Deutsche Telekom AG with the Cologne Regional Court seeking declaration of the nullity of the resolutions passed by the Deutsche Telekom shareholders’ meeting on May 12, 2011 con- cerning approval of the actions of the members of the Board of Management and Supervisory Board of Deutsche Telekom for financial year 2010 (items 3 and 5 on the agenda) and the nullity of the annual financial statements for the 2010 financial year.