Although Germany’s cell phone networks are improving, in some places transmissions are still only possible at a snail’s pace – if at all. A legal claim should alleviate some of the frustration.
A legal right to help consumers with poor cell phone networks is set to become available this year. The so-called mobile phone reduction right has been in effect since the end of 2021, but so far there is no necessary internet measuring instrument for this. In response to a dpa request, the Federal Network Agency announced that it would make this monitoring mechanism available in 2024. She didn’t get any more specific.
Consumer advocates had accused the authority of inaction. “Since the end of 2021, there has been a legal claim for poor mobile communications, which the Federal Network Agency should make practical with a measuring tool – but because the tool for mobile communications does not yet exist, it is just an empty shell,” said lawyer Felix Flosbach from the consumer advice center NRW.
Claim is determined technically
In December 2021, the revised Telecommunications Act came into force, strengthening the position of consumers vis-à-vis internet providers. In the product information sheet of mobile phone contracts, providers must indicate the estimated maximum value for downloads and uploads.
If there are “significant, continuous or regularly recurring deviations” between the contractually agreed and actual performance, the consumer is entitled to early termination or a lower payment. According to the law, the network agency must create a monitoring mechanism – also called a measuring tool – in order to technically determine the entitlement to reduction.
The network agency is already doing this for the fixed network. Consumers can carry out corresponding tests on broadband measurement.de, but these are complex and have since been used little. With the measurement result – should it confirm the right to a reduction – the consumer can then approach his provider. If the provider objects, the case would go to the district court – there the consumer would have a good chance based on the measurement protocol.
Criticism from mobile phone companies
The telecommunications providers are not very enthusiastic about the right to reduce prices. They point out that they have invested billions in expanding their networks and that they are constantly improving. This is undisputed: on average, landline and cell phone networks are getting better from year to year. In some places, however, there are problems – and for those who live or work in such an area, it is of little use to the network expansion in Germany as a whole.
Consumer advocates criticize a discrepancy between appearance and reality: contracts far too often promise far too much, says Flosbach. Citizens repeatedly reported to the consumer advice center and complained about deficiencies in the cell phone network.
“So far they have not been able to get out of the contract early, even if it is of little use to them and they need a contract with another network operator in order to have good connections where they live or work.” Early terminations or lower monthly payments would be a means of pressure so that providers can expand their services even in sparsely populated areas, says the consumer advocate.
No word for a long time
In the summer of 2022, the network agency published a key issues paper dealing with the structure of cell phone network measurements. In the future, 30 measurements spread over five days will be necessary for a reduction right. At least 25 percent of the estimated maximum transmission value must be achieved in urban areas, 15 percent in semi-urban areas and 10 percent in rural areas.
So anyone who strolls through the city center of a big city and has been guaranteed a maximum download speed of 100 megabits per second according to the product information sheet of their cell phone contract must have a data transfer of at least 25 megabits.
Industry representatives express concerns. Such measurements are much more demanding than in the landline network, says Frederic Ufer from the Internet industry association VATM. “The mobile phone provider has no direct influence on the customer’s connection quality, which depends on various factors such as the customer’s location, the network load in the radio cell or the weather.”
Nevertheless, companies are obliged to provide an “estimated maximum bandwidth” that can only be achieved under optimal conditions. A balanced solution should be found with regard to a legally secure measurement procedure. “We welcome the fact that the Federal Network Agency is carefully examining this procedure,” says Ufer.
Some call it careful examination, others call it inaction – the question of why the network agency has not announced any progress on the topic since summer 2022 is answered differently by the industry and consumer advocates. Moderate tones are coming from politics.
Politicians insist on measuring tools
“The right to a price reduction in mobile communications is a crucial consumer right,” says FDP member of the Bundestag Maximilian Funke-Kaiser. “An adequate measurement tool is essential in order to effectively demand this right in the future.” However, the liberal admits that proving inadequate performance in mobile communications is much more complex than in landline networks.
SPD member of the Bundestag Johannes Schätzl also emphasizes this: “The development of a suitable program must therefore take all aspects into account, both those of the consumers and the technical conditions of the providers.” The network agency would do well to take the time necessary to create suitable software. However, the legal framework must be adhered to and the measurement tool must be made available.
Source: Stern
