Transparency, publication of information and service features for cost control; statutory instrument

(1) Providers of internet access services and publicly available interpersonal telecommunications services that make the provision of services conditional on their terms of business are required to publish current information on 1. applicable prices and tariffs, 2. the contract term and the charges payable on early termination of the contract, and rights relating to termination of bundled offers or parts thereof, 3. standard terms for access to, and use of, the services they make available to end users and consumers, 4. service quality, including an offer allowing verification of the data transmission rate, 5. particulars of products and services specifically intended for users with disabilities, and 6. actual, location-based mobile network coverage, including a map showing current network coverage. Article 4(1) of Regulation (EU) 2015/2120 remains unaffected.
(2) For the purposes of subsection (1), first sentence, point 3, providers of internet access services and publicly available interpersonal telecommunications services are required to publish: 1. the undertaking's contact particulars; 2. the scope of the services offered, and the main features of each service provided, including any minimum levels of service quality and any usage restrictions imposed on telecommunications terminal equipment provided; 3. the tariffs of the services offered, with particulars of the volume of communications included in particular tariffs and the applicable tariffs for additional units of communication, numbers, or services subject to special pricing conditions, access charges, maintenance charges, usage charges of every kind, special and target-group-specific tariffs and supplementary charges, and the cost of terminal equipment; 4. their general terms and conditions of business and the contract terms they offer, the conditions for switching provider under section 59, termination conditions, and procedures relating to the transfer of telephone numbers or other identifiers; 5. general and provider-specific information on dispute resolution procedures; and 6. information on the fundamental rights of end users of internet access services or publicly available interpersonal telecommunications services, in particular concerning a) itemised billing, b) restricted and, for the end user, free-of-charge blocking of outgoing calls or of short code data services, or, where technically feasible, other types of similar applications, c) the use of public telecommunications networks against advance payment, d) spreading the costs of a network connection over a longer period, e) the consequences of payment default for possible blocking, f) the service features of tone dialling and multi-frequency dialling and display of the caller's telephone number, and g) tariff advice.
(3) The information must be provided in a clear, comprehensible, and easily accessible manner, in machine-readable form, and in a format accessible to end users with disabilities. The Federal Network Agency ensures that providers publish this information and keep it regularly up to date.
(4) The Federal Ministry for Digital Affairs and State Modernisation is empowered, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Justice and Consumer Protection, and the Federal Ministry for Economic Affairs and Energy, to issue, by statutory instrument with the consent of the Bundestag, framework provisions to promote transparency and the publication of information and additional service features for cost control in the telecommunications market.
(5) The statutory instrument under subsection (4) may lay down more specific requirements as to the place and form of the information to be published under subsections (2) and (3). The statutory instrument under subsection (4) may require providers of internet access services and publicly available interpersonal telecommunications services, and operators of public telecommunications networks, to offer facilities for controlling the costs of voice communications services, of internet access services, or of number-based interpersonal telecommunications services, in the case referred to in Article 115 of Directive (EU) 2018/1972. This facility also includes free warning notices for consumers in the case of abnormal or excessive consumption behaviour.
(6) The Federal Ministry for Digital Affairs and State Modernisation may, in agreement with the Federal Ministry for Economic Affairs and Energy, transfer the power under subsection (4) to the Federal Network Agency by statutory instrument. A statutory instrument of the Federal Network Agency requires the agreement of the Federal Ministry for Digital Affairs and State Modernisation, the Federal Ministry of the Interior, the Federal Ministry of Justice and Consumer Protection, the Federal Ministry for Economic Affairs and Energy, and the Bundestag.
(7) The Federal Network Agency may itself, or through third parties, publish any information that may be of significance to end users. To promote transparency and to provide information and additional service features for cost control under subsection (4), the Federal Network Agency may itself, or through third parties, provide interactive guides or similar techniques, where these are not available on the market free of charge or at a reasonable price. For the provision referred to in the third sentence, use of the information published by operators of public telecommunications networks and by providers of internet access services and publicly available interpersonal telecommunications services is free of charge for the Federal Network Agency or for third parties.