Government dispute over contract terms delays TKG amendment
Source: Heise.de added 28th Oct 2020There is still a dispute in the federal government about the necessary reform of the Telecommunications Act (TKG). With the amendment to the law, among other things, the European code for electronic communication is to be implemented in national law. The deadline for this is the end of the year, but Germany is unlikely to reach the class target. Since the beginning of August, the draft bill drawn up by the Federal Ministries of Economics and Infrastructure has been stuck in the cabinet: The Federal Ministry of Justice and Consumer Protection (BMJV) takes a stand.
While some other disputes between the ministries have apparently been resolved, it now depends on consumer protection. Federal Justice Minister Christine Lambrecht (SPD) insists on limiting the term for telecommunications contracts to one year. According to the previously known draft, the Federal Ministry of Economics (BMWi) wants to oblige providers to offer one-year contracts as well, but to keep the door open for the previously usual two years.
Disgruntled attitude towards blocking The calculation: Customers can expect more favorable conditions for longer contracts. In practice, there are already monthly terminable contracts that cost a little more than a two-year contract. According to the EU code for electronic communication, a minimum term of two years is expressly possible. However, the BMJV is apparently against a flexible regulation that also provides for longer terms, which is not only causing displeasure in the BMWI, but also in the industry.
The BMWi is sticking to the open regulation of the draft. “We don’t want to patronize, we want to enable freedom of choice,” said State Secretary Elisabeth Winkelmeier-Becker (CDU) on Tuesday at a VATM event. “We trust the consumer to decide that.” Telecommunications expert Torsten Gerpott from the University of Duisburg-Essen also speaks out against the “tutelage by a paternalistic state”: “As if only idiots are on the mobile phone market.”
“The contract period is eminently important for the industry “, emphasized VATM President Martin Witt. The companies concerned warn that a shortening of the contract term affects their planning security and thus also the necessary broadband expansion. “A shortening would thwart the politically desired and, for companies, investment-intensive expansion of fiber optic and cellular networks as extensive as possible,” says Sven Knapp from the Federal Association of Broadband Communication (Breko).
No schedule Altmaier and Lambrecht actually wanted to clear up their differences at a top-level meeting last week. It remains to be seen whether this has succeeded: the ministries officially do not want to say anything. “The departmental coordination is currently ongoing and is progressing,” explains a spokeswoman for the BMWi when asked by heise online. The draft is then to be coordinated with the state governments and industry representatives. “We cannot provide a schedule for this.”
Actually, the EU code should be implemented in German law by the end of the year. That won’t work, everyone involved is sure of that. Industry representatives are now assuming the first half of the year 2021. In any case, the cow should be taken off the ice before next year’s general election, otherwise the process will start all over again. The companies fear that their interests will be undermined if the necessary speed is up. “Due to the delays, we also see the risk that the participation opportunities
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