Wednesday, March 2, 2011

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Cabinet Bill decides to Telecommunications Act

Update: ... and here in plain text -" What consumers need to know ".
The March 2 2011 from the Federal Cabinet adopted draft amendment to the Telecommunications Act (TKG) contains significant improvements in the area of consumer protection, regulated, among others. are
  1. queues future for all types of special numbers for calls from landlines and from mobiles free .

    For all other While numbers may be queuing used, however the costs do not exceed the normal rate. This applies to calls to landlines and in a cellular network. In addition, queues may be used if the call is for a fixed price.

    lasts relaying a caller at a regular phone number or a special issue for more than 30 seconds, this may in principle no extra cost will be calculated.

    for the queue system for a transitional period will apply for one year from the entry into force of the law. After 3 months of the date for the transition period for the duration of queuing the first two minutes from call setup to be free.
  2. In the case of moving, the providers without changing the performance of the agreed term of the contract continue at the new place of residence, if the services are offered at the new residence. The provider may request a reasonable payment for the damage caused by the relocation effort. If the power at the new location is not available, a special right is a period of 3 months.
  3. Estimated future, detailed invoice on their mobile phone bill contradict , that requirement may not lead to a terminal block.
  4. In a provider may change the service within one day be broken.
  5. The possibility of the change from one party to take the number is improved so that the activation has to be the phone number in one day. In the area of mobile communications, transmission of the telephone number at any time requested.
  6. call-by-call providers may be required by way of an ordinance to specify the prices . If adopted by the possibility of such an ordinance, owner made is that customers would be informed about significant price jumps.
  7. telephone and Internet providers have to offer in the future also contract with a maximum term of 12 months . Moreover, such contracts do not exceed an initial minimum contract period of 24 months.
  8. providers are required to minimum speed of DSL contracts be clearly specified.
  9. provider need before signing their clients about the conditions of switching suppliers, the charges to port a number and the due on termination of a contract fees inform . be
  10. About disclosure of location data to third parties must fully informed at each location using a text message to the user. If the location is shown only on the other hand, localized terminal, no notification is required. Even under the current legal position may be the transmission of location data to third parties only in an explicit, separate and written consent.
  11. In view of the third billing , ie the Collection of amounts by third party providers (eg information services, or subscription traps) on the phone bill will be included in future in the accounts, the names and addresses of the responsible service provider. In partial payment of the customer first they are offset against the amounts recognized in the accounts receivable of the biller border agent and not as a pro-rata allocation. To therefore needed no longer an explicit repayment provision of the customers, if they deny the claims of the third party and effect the payment only in respect of its billable end provider. "
Source: Press Release of the Federal Ministry of Food, Agriculture and Consumer Protection

- here the previous press release: -

The Federal Cabinet today a draft amendment to the Telecommunications Act (TKG) has decided. The bill implements major changes in European policy requirements for telecommunications in national law.

Federal Consumer Minister Ilse Aigner:
"The new rules will strengthen consumer protection considerably. We managed to solve the problem of fee-based queues. Is provided by the company no power, also no costs will be calculated. We also agree that rural Room is furnished as soon as possible with high-speed broadband connections. "

Federal Minister Rainer BrĂ¼derle:
" The bill is a big win for the technology in Germany! The new system allows for the market oriented development of high-performance telecommunications networks. I am particularly pleased that we significantly strengthen our law the rights of citizens. The problems that previously existed when changing providers belong to the past. The confidence in market and competition. "

To promote market oriented development strengthens high-performance Telecommunications networks, provides the cabinet design, among other things, the introduction of competition and investment-friendly regulatory principles for the Federal Network Agency, the Authority must take into account the future for all regulatory decisions.

particularly in the context of price regulation, investment risks in building modern high-speed networks to be observed. This is the bill an important stimulus for investment and innovation in the telecommunications sector, macro-economically significant.

Another important objective of the draft is to strengthen the consumer protection framework in the telecommunications sector: the draft strengthens the rights of consumers in the event of relocation and the associated change in the fixed line. In addition, mobile customers can continue their number independently take on the specific contract term at any time to a new provider.

must queues with costs in future be used in full only when local numbers, conventional mobile phone numbers and charge-free telephone numbers. In all other cases, including all special numbers may queues to be used only when either is subject to the call to a fixed price or in time-based billing, the person called the cost of the call for the duration of the hold with. Furthermore, in the last two must are those cases, the caller on hold at the beginning of the anticipated duration of information, including whether the call is subject to a fixed price or if the called party to pay the cost of the call for the duration of the hold. In the event of a breach of these rules eliminates the fee payment obligation of the caller for the entire call. These regulations will take effect one year after the Telecommunications Act in force.

However, until then, a transitional rule that queues may be used for fee-paid phone numbers if at least the first two minutes of the connection for the caller will be charged.

The Federal Ministry of Economics and Technology In addition, the Agency may continue to adopt an ordinance including the agreement authorized by the Federal Ministry for Consumers, we need to improve the transparency and clarity of consumer information. This refers to the price transparency are at the "call-by-call" calls and mobile data services, but also specify the minimum quality of contracted services.

In the area of data protection provisions in the telecommunications law, additional information and transparency requirements to better protect sensitive data is introduced. This includes the commitment of so-called location services provider, the user informed at each location of the mobile terminal through a text message if the location is shown only on the terminal, the location data were determined.

is also planned that the rural areas is supplied as quickly as possible with high-speed broadband connections. 2015, no later than 2018, is the widespread availability of broadband connections with a bandwidth of 50 Mbps can be achieved.

The first referral to the Federal Council for the 15th April 2011 provided, and the parliamentary debates in parliament are expected to begin in May. The bill will become law this year in force.

Source: Press Release of the Federal Ministry of Food, Agriculture and Consumer Protection

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