consumer
Slow internet? Federal Network Agency sets measurement specifications
A LAN cable is plugged into a WLAN router. Photo: Fabian Sommer / dpa
© dpa-infocom GmbH
Consumers can pay less if their internet connection doesn’t offer the promised speed. Now there are official requirements as to how the connection must be examined for this.
The Federal Network Agency has laid down rules on the basis of which consumers can reduce their monthly payments if the fixed-line internet is poor.
In an order for the new reduction law, it says that consumers have to carry out a total of 30 tests on three different calendar days, as the regulatory authority announced in Bonn on Wednesday. Consumers have to use the desktop app “Breitbandmess.de” and a LAN cable. The new reduction law significantly strengthens the consumer’s position vis-à-vis the supplier. From December 13th, the desktop app can be used with the new specifications.
Internet tariffs contain a product information sheet in which the provider specifies the maximum and minimum transmission speeds as well as the data rate normally available. From the point of view of consumer advocates, companies sometimes promise too much in their advertising. The right of reduction could lead to Internet providers giving more realistic information or showing more effort to improve Internet connections, so the hope of consumer advocates.
A draft of the order from September had other specifications – according to the paper, consumers only had to test a total of 20 times over two days in order to have the right to a price reduction certified in black and white. The specifications now set, however, now provide for 30 tests over three days. There must be at least one day gap between the days. If a consumer starts testing next Monday, he will not have his measurement protocol in hand until the Friday after at the earliest.
Claim if the speed is too low
The ordinance contains further requirements. There is a right to a price reduction or special termination if the minimum speed is not reached once or several times on two of the three measurement days. At the maximum speed, this is the case if 90 percent of the contractually guaranteed maximum value was not reached on two out of three measurement days. The transmission rate normally available must be achieved in 90 percent of all measurements.
If the measurement protocol confirms a discrepancy between the actual and the promised performance, the consumer can contact his provider – the provider has to react. If the provider is unreasonable and does not want to accept a shortfall, the consumer could go to the local court – there he would have very good cards with the measurement protocol. Although he was able to go to court before the new reduction law came into effect, his position there was much weaker than it is now.
vzbv: Big step
The consumer protection agency Bundeszentrale (vzbv) assesses the right of reduction in general as a big step towards strengthening the consumer. Digital expert Susanne Blohm pointed out on Wednesday that the requirements for the measurements had increased compared to the September draft and required a higher expenditure of time. “Here, the interest in a legally secure design and appropriate and practicable handling of the measuring tool had to be reconciled.”
The vzbv now wants to keep an eye on how the new rights are being implemented and how the providers are handling them. “From the consumer’s point of view, it is important that the reduction and special termination right can easily be asserted by consumers and not become a toothless tiger due to windy tariff options,” said consumer advocate Blohm.
The industry association VATM is critical of the right to reduce emissions. Association managing director Jürgen Grützner pointed out that the usual fluctuations in the network do not automatically mean a poorer use option for the consumer, for example if he only downloads e-mails or videos work smoothly even with a lower bandwidth.