The Administrative Court of Cologne has confirmed the decision previously taken by the Federal Network Agency (BNetzA).
Background: BNetzA examined DT’s StreamOn offer, made up of several music and video streaming services, in December 2017. It decided that DT can offer it, providing that it is available to DT’s customers when roaming, with unthrottled bandwidth. BNetzA also required DT to allow partners to the offer on a non-discriminatory basis.
What’s new: DT appealed BNetzA’s decision. The appeal was heard by the Administrative Court of Cologne, which confirmed BNetzA’s ruling. It found StreamOn against EU roaming rules, and noted that throttling is not at the discretion of the end user, thereby making irrelevant whether the user agrees to the terms of the offer. Also, the throttled speed of 1.7Mbps is insufficient for HD streaming.
What’s next? DT has still one avenue of appeal, which would be heard by the Higher Administrative Court in Münster. It is however unclear whether it will pursue it.
