On 1 December 2021 the new German Telecommunications Act – the „TKG“ for short – comes into force. The amendment brings a number of significant changes for service and premium-rate numbers as well. The amendment is still being worked on and has not been finally adopted. Since the planned changes may be relevant to your business operations, we want to inform you about them as early as possible.
We have listed and briefly summarised the most important legislative changes below – those already settled, and those emerging so far.
Please note: this information is not exhaustive. Further changes may well arise as the legislation is implemented.
- End-customer prices for the 0137 and 0180 ranges
- Information obligations for providers of 0900 and 118 numbers on the fixed network (offline billing)
- Price announcement obligation for directory enquiry services (118xy)
- New uniform pricing for 032 and 0700
- Short-code voice services (premium voice)
- Short-code data services (premium SMS)
- Billing information for providers of short-code services (premium voice and premium SMS)
1. End-customer prices for the 0137 and 0180 ranges
In future the Telecommunications Act provides for a uniform upper limit on end-customer prices for the service numbers 0180, 0137, 0900 and 118xy, from both mobile and fixed networks. The exact framework and the level of the uniform end-customer prices will be determined by the regulator – the Bundesnetzagentur (BNetzA) – after consulting the market.
The BNetzA has taken this as an opportunity to open a consultation on uniform end-customer price caps for the 0180 and 0137 number ranges already. The aim is for the uniform prices for these ranges to take effect as early as 1 December 2021. The intention is to give everyone involved clarity about the expected determination as early as possible, so that you as a service provider can initiate the necessary measures in good time – adjusting advertising and price information, for example.
The BNetzA is expected to announce the final results in late summer 2021 in the form of a general ruling. At present, however, it appears that from 1 December 2021 the following end-customer prices will apply uniformly across networks for calls from both fixed and mobile networks:
| Price per minute | Price per call | |
|---|---|---|
|
0137-1 |
– |
14 ct |
|
0137-2 |
14 ct |
– |
|
0137-3 |
14 ct |
– |
|
0137-4 |
14 ct |
– |
|
0137-5 |
– |
14 ct |
|
0137-6 |
– |
25 ct |
|
0137-7 |
– |
1 Euro |
|
0137-8 |
– |
50 ct |
|
137-9 |
– |
50 ct |
|
180-1 |
3,9 ct |
– |
|
180-2 |
– |
6 ct |
|
180-3 |
9 ct |
– |
|
180-4 |
– |
20 ct |
|
180-5 |
14 ct |
– |
|
180-6 |
– |
20 ct |
|
180-7 |
30 sec frei; danach 14ct |
– |
Independently of the price determination for each number range by the BNetzA, the new Telecommunications Act firmly stipulates that from 1 December 2021 the statutory maximum end-customer prices for (0)180 numbers may be no more than 14 cents per minute or 20 cents per call. Previously a different price cap still applied in the mobile sector – for 0180-5, for example, an upper limit of up to 42 cents per minute. That would be superseded by the new amendment.
The BNetzA has not yet set uniform prices for the 0900 and 118xy ranges. As soon as the corresponding changes for those number ranges are determined by the BNetzA, we will inform you immediately.
2. Information obligations for providers of 0900 and 118 numbers on the fixed network (offline billing)
The legislator is also requiring changes to invoicing on the fixed network for the 0900 and 118xy number ranges (offline billing). In future, comprehensive details of the relevant provider of the 0900 or 118xy number must appear directly on the invoice and be immediately retrievable via a website. Specifically, the following details of the provider of the 0900 or 118xy number must be shown on the invoice:
- The provider’s name and an address at which legal documents can be served.
- A national local-area number or a free 0800 number.
- Website address at which the following details can be found easily:
- The provider’s email address
An address for service of legal documents for the provider + additionally, for providers based abroad
the address for service of a general authorised recipient within Germany
Our carrier partners plan to set up a central website for the third bullet point, where the details about the service provider required by law can simply be looked up. Our partners also intend to offer you, as an optional additional service, a corresponding telephone „enquiry“ line via a call centre so that callers can obtain these details.
If you have already arranged a 0900 number or a 118 keyword service with one of our carrier partners, they will be in touch with you shortly to request the necessary invoicing data and other details. That data must then be provided promptly to the subscriber network operators for invoicing purposes.
3. Price announcement obligation for directory enquiry services (118xy)
The new act further provides that, from 1 December 2021, the price announcement for directory enquiry numbers must be given for all tariffs from the start of the call. Until now, the obligation to announce the price for calls to directory enquiry numbers applied only from a price of 2 euros or more per minute. Our carrier partners will therefore set up the price announcement for directory enquiry services permanently in the technical configuration from 1 December 2021 and play it automatically to callers. The obligation to announce the price when calls are transferred onward remains in place.
In addition, callers must be advised of any charges for queues arising from onward transfer via directory enquiry numbers. If you need any help with this, please get in touch with us.
4. New uniform pricing for 032 and 0700
The legislator has also provided for changes to the 032 and 0700 number ranges. For both ranges, across all subscriber networks – fixed and mobile alike – an upper price limit of no more than 9 cents per minute has been set for callers.
For the 032 range – though not for the 0700 range – it should also be borne in mind that from 1 December 2021 there is an obligation to state the price whenever this number range is offered or advertised. If the range is displayed publicly as part of a service, it must be stated that the service may cost up to 9 cents per minute. You are also welcome to come to us for help with wording.
5. Short-code voice services (premium voice)
For short-code voice services, which are reachable only from mobile networks, an unrestricted price announcement obligation likewise applies from 1 December 2021. If you have not already put a price announcement in place voluntarily, from 1 December 2021 it must be announced on all short-code voice services, including those under 2 euros per minute. The network operators will presumably play this themselves. If not, it will be handled by the carrier partner through whom you use and have provisioned the premium voice number.
6. Short-code data services (premium SMS)
For so-called premium SMS, a price display obligation and a so-called handshake procedure will apply in future from a price of 1 euro per SMS (equivalent to a gross end-customer tariff of 0.79 euros per SMS). There is no more detailed plan for this yet. The carrier partners are expected to take over the organisation of it by 1 December 2021 at the latest, once all network operators have switched from MO to MT billing. As soon as we have further details, we will be in touch again.
7. Billing information for providers of short-code services (premium voice and premium SMS)
- The name and address for service of legal documents of the short-code service content provider.
- A national local-area number or a free 0800 number for the short-code service content provider.
- A reference to a website where the following information about the short-code service content provider can be found easily:
- The provider’s email address
- Address for service of legal documents
- for providers based abroad, additionally the address for service of a general authorised recipient within Germany