On 1 December 2016, the German Parliament approved a bill on the introduction of a national "Regulation to Promote the Transparency in the Telecommunications Market" (in short: Telecommunications Transparency Regulation, "TTR"). Once the TTR has been published in the Federal Gazette, it will enter into force after six months. The TTR introduces various transparency obligations in order to protect the interests of consumers and other end users of internet access services and mobile networks. The TTR complements similar obligations already in force on EU level which require providers of internet access services to ensure that their contracts specify certain quality of service parameters (e.g. speed, packet loss). The most relevant provisions introduced by the TTR are the following: Product Information Sheet Providers of publicly available electronic communications services ("ECS") offering internet access services via a public electronic communications network ("ECN") are obligated to make available a product information sheet for any offer that is marketed to consumers. If requested, such information must also be provided to other end-users. The product information sheet has to include, inter alia, the following information: • name of the product and of the access services contained therein; • date of product market launch; • contract term and requirements for the contract's renewal and termination; • minimum, normally available, and maximum transmission rate for download and upload; in case of mobile networks only the estimated maximum transmission rate for download and upload is required; • in case of data volume limitations: o the threshold triggering a limitation of the data transmission rate or the purchase of additional data volume; o data transmission rate offered once the volume limitation threshold has been reached; o indication which services and applications are included in the contractually agreed data volume and which are not; • price information; name and summons-suitable address of the provider; The information sheet for products offered to consumers must be available in an easily accessible manner once the product has been put on the market. Information sheets for products that are no longer offered must be provided in an archive on the provider's website. Additional Information Obligations Providers of publicly available ECS offering access to a public ECN are required to provide consumers (and, upon their request, other end-users) with information on contract terms and on the procedure for change of provider. This information is to be stated on the customer's invoice. Quality Measurements Providers of publicly available ECS offering internet access services via a public ECN are obligated to enable consumes (and, upon their request, other end-users) to inform themselves about the quality of the current download and upload rate as well as the packet runtime. To this end, providers must conduct respective measurements or enable their customers to do so. In addition, providers are obligated to inform consumers (and, upon their request, other end-users) about the verifiability of data transmission rates. They also have to publish the results of their own quality measurements. Information Obligations concerning Data Volume Limit Providers of publicly available ECS offering access to a public ECN in connection with a data volume limit are required to provide consumers (and, upon their request, other end-users) with certain information concerning the consumption of the contractually agreed data volume. This information includes • at least on a daily basis, the share of the already consumed data volume in relation with the agreed volume within the agreed billing period; and • after the end of the agreed billing period, the total consumed data volume and the contractually agreed data volume. In addition, consumers (and, upon their request, other end-users) are to be notified once their use of the contractually agreed data volume reaches the threshold of 80%. Cost Control for Domestic Mobile Data Tariffs Providers of publicly available ECS offering access to a public mobile communications network in connection with a domestic data tariff without volume limitation are required to offer consumers (and, upon their request, other end-users) an appropriate tool for cost control. This has to include free-ofcharge alerts in case of abnormal or excessive consumption. Sanctions and Enforcement In the event of non-compliance with the obligations set out in the TTR, the Federal Network Agency ("BNetzA") can impose administrative fines of up to 100,000 EUR. For more information, please contact Joachim Scherer or Caroline Heinickel.