IMO this is wrong at so many levels.
So now we have a bunch of rules that only apply if you something to stop it, but it doesn't really matter if that is actually effective, and how much that something hurdle is depends on what court or politician you ask. Maximum uncertainty for small operators, so it's mostly a few larger commercial operators and some enthusiasts with VPNs. And a lot of places without wifi that would have it in other countries.
Evil tongues claim that they just want to protect T-Mobile’s business, being corrupt.
Luckily, on state level that’s not yet an issue, the parliament of Schleswig-Holstein just approved a test project of running some Freifunk nodes on/in public buildings, and a local company has started putting up free hotspots everywhere in Kiel.
I hope pressure and organization from state or city level will help somewhat. Public organisations can provide similar shields as the commercial providers do right now, and once somebody makes a state look stupid the federal level will have more of an incentive to fix it.