Right to fast Internet: New Telecommunications Act (TKG) to be launched in December

Anyone who suffers from a slow Internet connection will be given the opportunity for a reduction in the charge or cancellation from December 01. This is ensured by the right to fast Internet, which is enshrined in the amendment to the Telecommunications Act (TKG). However, only if certain conditions are met.

Revised Telecommunications Act from 01.12.

As of December 01, 2021, a new version of the Telecommunications Act will come into force. Among other things, it creates a legal basis for taking action against the provider if the Internet connection is too slow. The amendment to the Telecommunications Act, which includes a minimum bandwidth requirement and an obligation to provide telecommunications services, gives customers many new options.

If these obligations are not met by the provider, customers have the option of terminating the existing contract or demanding a reduction. The provider can then either make improvements or submit a more favorable offer.

According to the Federal Network Agency, this requires a written demand from the customer. Accruing bills up to the clarification of the problem must be paid besides compelling.

When is the Internet considered too slow?

To determine the quality of one’s Internet speed, measurements are taken via the breitbandmessung.de portal, which was launched in 2018. For this, ten measurements should be taken on each of two days. If only a single measurement shows 90 percent or less of the agreed maximum speed, the connection is considered too slow.

If, on the other hand, a minimum speed is agreed in the contract, this must not be undershot in any of the 20 measurements. However, caution is advised: If the contract speaks of a “normally available speed,” this value may only be undershot twice during the 20 measurements.

Telecommunications Act in rural regions

However, the situation is somewhat more difficult in rural areas. A minimum speed that must generally be available has not yet been specified. This is where § 156 of the Telecommunications Modernization Act comes into play. There, it is noted that a minimum bandwidth must be available to only 80 percent of the population. Rural regions are thus still left out, at least in part.

According to a study from 2016, just under 10 MB/s would be needed in 2020 to adequately use an Internet line. Contractually defined parameters such as minimum speed or other regulations would also have to be found out by the customers themselves before a corresponding application could be made.