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Watch films on your cell phone on the go: zero data tariffs for certain apps violate net neutrality
Photo: Jens Kalaene/ picture alliance/dpa
The Federal Network Agency has prohibited the marketing of so-called zero tariff options - also known as zero rating - in Germany.
According to a press release, such offers violate "network neutrality because they do not treat data traffic equally." The authority emphasizes that the regulation not only affects future contracts, but also existing mobile phone contracts must be terminated.
Depending on the tariff, zero rating options exclude the data traffic of certain music, video, gaming or chat apps from the calculation of the data volume used by the customer.
On the one hand, they are offered as add-on options that are subject to a fee, and on the other hand they are integrated into certain contracts as a lure.
The Magenta Mobil tariffs of Telekom currently contain different numbers of so-called StreamOn passes depending on the monthly price.
Vodafone, on the other hand, offers a selectable Vodafone Pass for each of its Red mobile phone tariffs in the cheapest Red XS tariff.
One year transition period
There was criticism early on that such options would violate the principle of net neutrality because they would favor certain services over others and disadvantage small providers.
In September 2021, following inquiries from German courts, the European Court of Justice (ECJ) ruled that such zero tariff options violate the EU regulation on open internet access.
Distinguishing certain data within Internet traffic for commercial reasons is incompatible with the principle of equal treatment of data traffic.
The Federal Network Agency has now ordered that the remarketing of "StreamOn" and "Vodafone Pass" should be stopped by July 1, 2022 and that these tariff options should no longer be bookable from this point in time.
Corresponding contracts with existing customers must be terminated by the end of March 2023.
"This implementation period is necessary in view of the large number of existing customers, also to enable a consumer-friendly transition to other tariffs," says the authority.
It is assumed "that the discontinuation of the zero rating options will have an overall positive effect on the German mobile communications market." The authority expects that its decision will "accelerate the trend towards tariffs with higher data volumes and cheaper mobile flat rates. «
A Vodafone spokesman told SPIEGEL on request: "We are currently analyzing the order of the Federal Network Agency regarding the discontinuation of Vodafone passports and will then provide information on further steps.
At the moment, everything remains the same for our customers.«
When asked, Telekom said that it "very much regrets the discontinuation of the zero-rating offer for around four million satisfied users and the almost 500 StreamOn partners", and will no longer make StreamOn available in the future and will inform its customers within the specified deadlines .
However, the user experience is already optimized by giving away data volume or “permanently upgrading the data volume in tariffs for selected customer groups”.
The "next measures for other customer groups" are in preparation.