March 12, 2024, 12:13 pm | Read time: 5 minutes
Under the Telecommunications Act, there is also a right to access telecommunications services in Germany. The Federal Network Agency is now enforcing the “right to internet” for the first time.
Anyone living in Germany should be able to surf the internet and make phone calls. This is not just a reasonable-sounding wish. The right to access telecommunications services has been part of the Telecommunications Act (TKG) since December 1, 2021, and is regulated in Part 9. However, the Federal Network Agency was initially hesitant to enforce it–until now.
Overview
Federal Network Agency mandates internet connection
A press release reveals that on March 11, 2023, the Federal Network Agency for the first time required a provider of internet and telephone services to supply a single household. This household is located in Lower Saxony, and the available services there do not yet meet the legal minimum requirements.
For the federal agency, enforcing the right is a pilot procedure. They will also critically review “the values defined in the regulation” and “if necessary, adjust them in agreement with the Ministry of Digital Affairs and the Bundestag’s Digital Committee.”
The measure was preceded by a consumer complaint that their residence could only be served with expensive rates. As a result, the Federal Network Agency determined there was an undersupply, as the TKG stipulates a right to an affordable price.
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No provider wanted to help voluntarily
After determining the undersupply, all known providers were given a one-month deadline to voluntarily offer a minimum service.
This period passed without any response from the companies. Subsequently, the Federal Network Agency conducted a so-called obligation procedure, during which they heard from companies that already have the necessary infrastructure at the location in question.
Which provider was ultimately chosen is unknown. According to the announcement, “operators of wired networks as well as providers of internet via mobile or satellite” were involved in the process. This could include Deutsche Telekom or Vodafone as well as Starlink.
What consumers should now receive at a minimum
The operator must now provide a minimum service according to legal requirements. The values are as follows:
- Download speed: at least 10 megabits per second
- Upload speed: at least 1.7 megabits per second
- Signal latency (ping): no more than 150 milliseconds
Consumers must be able to receive these figures at a fair price. According to the Federal Network Agency, the amount should be around 30 euros. However, the provider can legally challenge this decision.
Better basic values possible in the future
Whether the prescribed minimum values are sufficient for modern use is up for debate. As the Federal Network Agency explains in a letter to TECHBOOK, they are currently being reviewed in several reports. “Usage scenarios in multi-person households” are also being considered.
“An adjustment of the values to meet demand is expected in the second half of the year,” they anticipate. It is quite possible that these will be increased and households will receive faster internet in the future if they take advantage of the basic service. Here we tell you how much internet speed you really need.
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Those who want more must pay more
The price of 30 euros is not a determination by the network agency itself. “The rates that 80 percent of the population typically pay monthly for a bandwidth of 10 megabits per second are decisive. In this specific case, this is around 30 euros,” as they explain to TECHBOOK.
A binding price only applies where there is a specific need for a minimum service. The affordable price also only comes into effect if the consumer wants to use the basic values. However, if the consumer wants a higher-quality service, the offers may also be more expensive.
As the Federation of German Consumer Organizations explains to TECHBOOK, all citizens should be able to afford the basic service regardless of income, “without jeopardizing their normal way of life.” Consumer advocates believe that “the rate planned for telecommunications services within the framework of basic security for unemployment benefits II should be used as the basis for the affordable price.” The affordable price should definitely be below the average price for comparable products.
Many German households still underserved
Whether there will be more regulations of this kind is not known, but it is foreseeable. Currently, around 130 other complaint procedures are under review.
However, the number of those underserved is much higher. According to estimates, between 360,000 and 400,000 households are affected, as the Federal Network Agency informs us. However, the Federal Statistical Office came to a completely different number in a statement from September 2023: About 2.6 percent of the German population cannot afford internet access–equivalent to about 2.2 million people.