The Federal Government has sent the federal states and industry representatives the not yet finished draft of the planned modernization of the Telecommunications Act (TKG) for comment. The cabinet has therefore not yet been able to agree on contentious issues such as contract periods for consumer tariffs and the privilege of additional costs and is holding out the prospect of further changes. Nonetheless, the Federal Government is urging rapid comments and sets a deadline of two weeks.

“The Federal Government has not yet reached agreement on several issues achieved and there is still a clear need for discussion and adjustment, “says the accompanying letter to the federal states, municipalities and associations that heise online is available. “It can therefore be assumed that in the course of the departmental coordination – possibly also significant – material changes to the draft law will also take place in parts that have not yet been addressed.”

Controversial ancillary costs privilege One of the points of contention is the so-called additional cost privilege. Housing companies, homeowners and cable network operators can bill the TV cable connection via the ancillary rental costs. The lead Federal Ministry of Economics considers this to be an obstacle to competition and, moreover, no longer appropriate. Telekom had also spoken out in favor of abolishing it, whereas other network operators have brought a modified privilege for additional costs into play to support the expansion of fiber optics.

A second point in which So far, the federal government has not been able to agree on a common line is the minimum contract terms for telecommunications services. The amendment to the TKG is intended to implement the European code for electronic communication in German law. Among other things, consumer rights are anchored in it. The Federal Ministry of Justice and Consumer Protection (BMJV) now wants to enforce that new contracts may run for a maximum of one year and not, as before, two years.

Many open questions But other central projects of the TKG amendment have not yet been “coordinated”, such as the exact scope of the planned right to high-speed internet or the amount of fines if providers do not adhere to the promised performance parameters. The cabinet has not yet been able to agree on information and transparency obligations for providers as well as rules for changing providers. There is also a need for clarification with regard to the powers of the security authorities and the authority radio.

The federal states, municipalities and associations now have two weeks to comment on a rather unfinished draft, which can still change significantly in detail, such as the Ministry admits. The network operators concerned lack understanding. “We consider the period of 14 days to be far too short and not appropriate to the scope and importance of the law,” says an industry representative to heise online and refers to the anticipated changes. “As early as the spring, the industry asked the ministries to give the draft law a reasonable period for comment.”

“Considerable need for improvement” The industry still sees considerable room for improvement. They reject the shortening of the contract periods and warn of a dampening effect on the fiber optic expansion. The network operators are also a thorn in the side that the TKG amendment to kick-start the expansion of fiber optics also provides regulatory relief for telecommunications, criticizes the Association of Telecommunications and Value Added Services (VATM). At the same time, the access to the passive infrastructure of the Telekom – for example the cable ducts – is not implemented consistently.

In the form presented, the TKG threatens to “delay the fiber optic expansion rather than – as planned – to accelerate “, says VATM managing director Jürgen Grützner. “Because in addition to a few improvements, there are unfortunately also significant deteriorations to the detriment of companies and ultimately the entire German economy.” The new regulations tended to favor Telekom. The federal government should “adhere exactly to the EU guidelines in the case of non-resolvable issues,” suggests Grützner. “Under no circumstances should further discussions lead to additional burdens for the fiber optics or companies expanding 5G.”

(vbr)