BNetzA’s new rules allow customers to pay less or terminate their contracts early if they experience significant deviations in mobile speed
New rules regarding mobile performance align closely with existing consumer protection rights for fixed broadband
On 15 April 2026, BNetzA published a general administrative order setting out rules for mobile operators where they would have to offer price reductions to consumers experiencing poor speeds. It came into effect on 20 April 2026. Under the order, consumers who experience a “significant, continuous, or regularly recurring deviation in speed” will be entitled to pay a lower amount or terminate their contract without notice. Similar rules regarding fixed broadband have been in place since 1 December 2021 via the updated Telecommunications Act (TKG). BNetzA then launched a consultation on rules in the mobile market on 25 August 2022. However, the complex nature of determining mobile performance, as this does not occur at one fixed location and users share the locally available capacity, has made this process more challenging. To mitigate this, performance will be determined regionally. BNetzA will therefore allow deductions of 75% (meaning at least 25% of the agreed estimated maximum speed must be achieved) in urban areas, 85% deductions for semi-urban areas and 90% deductions for rural areas.
Consumers will have to measure mobile performance via a dedicated app run by BNetzA
To prove they are experiencing reduced mobile performance, consumers will have to use an app launched by BNetzA to measure their mobile internet speeds. BNetzA requires 30 measurements to have been taken over the course of five calendar days with six measurements taken per day. A “significant discrepancy” in speed occurs where the agreed estimated maximum speed has not been achieved on at least three of the five measurement days. This means that consumers can stop taking further measurements if they gather necessary proof after only three days, for example. The Federation of German Consumer Organisations (vzbv) has called for a flat-rate compensation system in cases of inadequate internet service for both mobile and fixed-line connections. While it acknowledged that the app would be “helpful” for consumers, the vzbv also argued that flat-rate compensation would alleviate the administrative burden of calculating rates for each individual case and help consumers to actually exercise their rights to a price reduction, as they might be deterred by the prospect of a lengthy dispute with their provider.
BNetzA has been more proactive in this area than other regulators
Rules surrounding financial redress for reduced mobile performance tend to be less formal than those regarding fixed broadband, mainly due to the variable nature of mobile performance. Regulators tend to have rules and methods for redress regarding fixed broadband, but the same rules generally don’t apply to mobile on a similar scale. The introduction of an app developed by the regulator that allows customers to measure mobile speeds and subsequently claim compensation is especially unusual. While other regulators such as Ofcom and Arcep have implemented mobile coverage tools (“Map Your Mobile” and “Mon réseau Mobile”, respectively), these do not provide consumers with the right to financial compensation or early termination of their contracts, a right afforded to fixed-line users. Instead, they allow customers to compare providers before signing onto a contract, or can be useful for those already in-contract who may want to switch. BNetzA has therefore gone a step further by allowing consumers to measure their mobile speeds directly and receive compensation if performance is inadequate.
