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Max Mehl 8 years ago
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@ -25,38 +25,35 @@ a picture of the future development of compulsory routers.</p>
<h2>Current state and glance into the future</h2>
<p>The current situation is unclear. It appears there was a meeting of the
Federal Network Agency and some associations. None of the associations
that the FSFE contacted prior were invited to this meeting. To our knowledge <a
href="/news/2014/news-20140328-01.html">the original draft from February</a>
has been revised and is currently being coordinated between the Ministry of Economic
Affairs and other ministries. After that there shall be another opportunity for commenting
before the regulations are passed on to the German Federal Parliament (Bundestag).</p>
<p>At the moment it is still unclear how the network termination point is exactly specified.
According to <a
href="http://www.gesetze-im-internet.de/tkg_2004/__45n.html">§45n TKG</a> it seems to
be the opinion of the Federal Network Agency that they are neither allowed to set a final
definition of the network termination point (ergo up to what point the Internet service
providers jurisdiction reaches) nor are they required to define verifiable measuring tools to measure
the quality of the Internet. This is peculiar because at both hearings they mostly dealt with
this topic.</p>
<p>It is possible these aspects are going to be clarified by the German telecommunication law.
The cause for this may be the European <a
href="http://ec.europa.eu/digital-agenda/en/connected-continent-legislative-package">
TSM package (Telecoms Single Market)</a>. It is, however, unclear if and when this
Europe-wide package will come. Therefore we fear that the legal ambiguities lead to
consumers continuously being restricted. In a few years this would be hard to reverse.</p>
<p>At the moment the Federal Ministry for Economic Affairs is just ahead of
finishing a revision of the Telecommunication Act and some meetings with
companies and organisations already took place. In our estimation the Ministry
of Economy is headed in the right direction of getting rid of compulsory
routers.</p>
<p>Yet there are still some unclear crucial points which are essential for
customers' free device choice. Among them specific exceptions in broadband cable
networks and the status of cable modems as well as liability and burdal of
proof when using other devices than those recommended by the provider.</p>
<h2>The story so far</h2>
<ul>
<li><strong>29.09.2014</strong>:
After the further procedures were unclear for a long time, <a
href="https://netzpolitik.org/2014/intransparente-transparenzverordnung-kehrt-zum-routerzwang-zurueck-wir-veroeffentlichen-den-aktuellen-entwurf/">Netzpolitik.org
published an internal revised draft of the transparency bill (German)</a>.
The <a href="/news/2014/news-20140929-01.html">FSFE critisises the
draft</a> because it legitimises the incapacitation of customers. Instead
of prohibiting compulsory routers as decided in the coalition agreement,
the draft enables internet providers to hinder customers who want to use
another device.</li>
<li><strong>28.03.2014</strong>:
Together with the CCC and other projects and experts, the FSFE praises the basic
idea in a <a href="/news/2014/news-20140328-01.html">press release</a> and a
<a href="/activities/routers/files/20140328_Stellungnahme-TKTransparenzV-FSFE.pdf">
detailed statement (German) </a> but clearly criticises that users are further burdened
detailed statement (German)</a> but clearly criticises that users are further burdened
and that the proposed test methods are inconsistently considered. Most interestingly,
the formulation of the regulation is substantially weaker than that in the coalition
agreement, and the still-unaddressed question of network termination points is not

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