Conditions for reduction in the event of poor Internet are fixed

With the entry into force of the new version of the Telecommunications Act (TKG), the right to reduce charges for slow Internet access has finally been regulated by law. However, there is still nothing in the law about the extent of the reduction on the part of customers. The Federal Network Agency has now commented on this.

Novel strengthens consumer rights

Until now, end customers have had to put up with their Internet not meeting the contractually guaranteed speeds. The new version of the TKG has finally changed this. Consumers are now entitled to reduce their monthly payment without further ado. The Federal Network Agency was to decide on the conditions for the reduction. First of all, the agency defined what must be fulfilled for a reduction to be legal. Of course, it is not enough for the customer to notice that the Internet is too slow once. Rather, there must be an accumulation of evidence that the actual speed does not correspond to the contractually guaranteed speed.

In order to be able to provide corresponding evidence, the customer must present 30 measurements taken on three different calendar days. The measurement days must not be consecutive. At least one day interval is required. In addition, the measurements should be taken at different times of the day, if possible. The claim for a reduction arises if the Internet speed is too slow on two of the three measurement days. One speaks of too slow Internet if the Internet speed does not reach at least 90 percent of the contractually guaranteed maximum.

Measurement tool is available from the Federal Network Agency

To ensure that meaningful measurement results are also brought to light, one must of course rely on a specific tool. The Federal Network Agency provides consumers with a practical measurement tool specifically for this purpose. A comparable desktop app already exists, but the agency wants to revise it and make it available for download on December 13. Customers will then be able to check the performance owed by their providers on the basis of this tool. This will not only give them a good overview of their own speeds at all times. On top of that, the tool will have a valuable proof function.

But you don’t have to keep the measurement rules mentioned above in mind. According to the Federal Network Agency, the specifications are of course stored in the app. With it one must probably.

“merely carry out the measurements according to the instructions of the app.”

Providers fear major problems

Needless to say, the news is not going down too well with providers. Since the telco association approached the Federal Network Agency once again for this reason, it immediately changed its measurement procedure. It was probably originally planned that 20 measurements over just two calendar days would be sufficient for a claim for abatement. In addition to the telecommunications associations, individual companies were also not pleased. The Federal Network Agency took this as an opportunity to adjust the measurement requirements once again. On the part of the authority, this approach was seen as appropriate.

“so that in particular the proof of the regularity of a deviation can be provided by the consumers in a legally secure manner.”

Unlike the providers, the consumer protectors are delighted with the new version of the TKG. They title the now finally included reduction right as

“one of the greatest achievements.”

This would finally resolve the imbalance between Internet providers and end customers. Finally, the providers now see themselves in the duty to ensure the promised speeds actually. In this regard, the telco association once again points to the problems of different Internet connections. For example, fiber optics cannot be compared with copper cable. With the latter type of connection, the speed slows down meter by meter. However, the provider itself cannot be held responsible for this. Incorrect connection of routers & Co. can also lead to poorer Internet. On the last point, the association of providers is right. The Federal Network Agency might have to ensure that the connected devices are checked in addition to the measurement via desktop app to justify a reduction.