Abuse Proceedings Regarding Call&Surf Packages

The Federal Network Agency has closed the abuse proceedings concerning the contract terms of Deutsche Telekom AG's (DT AG) Call&Surf packages.

HanseNet Telekommunikation GmbH (Alice) had requested abuse proceedings under Section 42 of the Telecommunications Act (TKG). The competent Decision Chamber determined that the abuse provision of Section 42 TKG is not applicable to contract terms. Nevertheless, following the application by HanseNet Telekommunikation GmbH (Alice), the Federal Network Agency reviewed the conduct of market participants. As a result of this assessment, it can be concluded that there are currently no valid reasons to justify the initiation of abuse proceedings under the special provision for tariff regulation (Section 28 TKG) and the reduction of contract terms, limited to contracts concluded with DT AG.

DT AG has announced that, starting January 2009, it will reduce the contract terms for the “entry-level product” of the Call&Surf product line, the Call&Surf-Basic tariff, from the current 24 months back to 12 months. This will provide new customers with the opportunity to gain initial experience with bundled offers, including telephone connection, internet, and flat-rate connectivity, within a manageable commitment period.

“Consumers should be aware of the temporal commitment associated with the price before concluding any type of contract and factor this into their decision,” said Matthias Kurth, President of the Federal Network Agency, commenting on the contract terms for bundled offers available in the market.

Source: Press release of the Federal Network Agency dated January 6, 2009

 

Goldberg Rechtsanwälte

Attorney Michael Ullrich, LL.M. (Information Law)

E-mail: m.ullrich@goldberg.de