responsibility finder
Schleswig-Holstein

Request arbitration in a dispute with a telecommunications provider

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

The aim of the conciliation procedure is to reach an amicable agreement as quickly as possible in the interests of both parties. In this way, long and possibly expensive court proceedings can be avoided.

You can submit an application for arbitration to the Telecommunications Arbitration Board if you have already tried to resolve the matter with your provider without success. Telecommunications providers primarily include internet, mobile and fixed network providers.

It must be clear from your application that your dispute is related to certain provisions of telecommunications law that serve to protect customers. This may be the case, for example, if

  • Your connection is disrupted,
  • the data transfer rate is too low or
  • other contractually agreed services are not provided,
  • the bill is objectionable,
  • you are in dispute with your provider about the termination of contracts or contract terms.

Before the Telecommunications Conciliation Board opens a conciliation procedure, it checks whether the requirements for this are met. For example, the arbitration board cannot become active if your concern is not related to the customer-protecting provisions of telecommunications law.


Process flow

You can submit your request for conciliation online, by De-Mail, by e-mail or by post.

Please preferably use the online application form.

To submit the application online:

  • Complete the online application form of the Telecommunications Conciliation Board on the website of the Federal Network Agency and attach the necessary documents.
  • The conciliation body will check whether the requirements for opening a conciliation procedure are met.
  • If arbitration is possible, both you and your provider will be given the opportunity to present their respective points of view.
  • The procedure is voluntary for both parties. It must therefore be terminated if your telecommunications provider refuses to participate in the procedure.
  • The procedure is usually conducted in writing.
  • In many cases, the provider offers an individual solution on its own initiative to resolve the dispute.
  • If the provider does not offer such a solution, the arbitration board will draw up an individual arbitration proposal in order to reach an amicable agreement.
  • If you and your telecommunications provider accept the conciliation proposal, the conciliation body will end the conciliation procedure.
  • If the parties do not accept this proposal, you still have the option of going to court.


If you wish to submit your request by De-Mail, e-mail or post:

  • Download the form "Request for arbitration pursuant to Section 68 of the Telecommunications Act" from the Federal Network Agency's website. Note: The additional explanations from the online application are not available here.
  • Complete the form and attach the required documents.
  • Send the application and documents to the Federal Network Agency by De-Mail, e-mail or post.
  • The further procedural steps are the same as for the online procedure.
Requirements

The Telecommunications Arbitration Board may initiate arbitration proceedings if

  • the facts of the case are related to certain provisions of telecommunications law on customer protection,
  • you have already tried unsuccessfully to reach an agreement with the provider,
  • you are prepared to agree to a compromise solution in the arbitration proceedings,
  • you have not yet applied for conciliation proceedings on the same matter in dispute,
  • no action has yet been brought before a court in your dispute,
  • the conciliation procedure is not unsuitable for settling the dispute. The procedure is particularly unsuitable if the subject matter of the dispute is not likely to result in a quick and cost-effective settlement,
  • the application does not appear to have no obvious prospect of success or appears to be wanton. This applies in particular if
    • the disputed claim is already time-barred when the application is filed and the defendant invokes the statute of limitations,
    • the dispute has already been settled,
    • an application for legal aid for the dispute has already been rejected on the grounds that the intended legal action does not offer sufficient prospect of success or appears unreasonable.
Which documents are required?

Completed application for arbitration and, depending on the facts of the case:

  • Contract and applicable General Terms and Conditions (GTC) of the provider
  • order confirmation
  • disputed invoices and itemized bills
  • Letter of termination or confirmation of termination
  • Test and measurement logs of your broadband measurement
  • Order for the relocation of a telecommunications connection
  • Order for number porting

Further information on the required documents can be found in the application form.

What are the fees?

The arbitration procedure is free of charge for you and your provider.

Each party shall bear the costs incurred as a result of participating in the proceedings, such as telephone costs, postage or other expenses.

What deadlines do I have to pay attention to?

There is no time limit for submitting your request for conciliation. However, your claim must not yet be time-barred. In the event of a disputed invoice, you must complain to the provider within 8 weeks and can then submit an application for arbitration if no resolution is possible with your provider.

During the proceedings, the arbitration board usually sets a deadline of 3 weeks for the parties to submit their comments.

Processing duration

The duration of the proceedings depends above all on whether the application for conciliation is complete, the parties submit their statements promptly and in full and are willing to compromise.

On average, conciliation proceedings take around 9 weeks from receipt of the application by the conciliation body to the conclusion of the proceedings.

The average time between the parties' statements and the conciliation proposal is around 3 weeks.

Legal basis
Appeal

There is no formal legal remedy against the decisions of the arbitration board.

The parties do not have to accept the arbitration proposal.

The parties remain free to appeal to the courts.

Applications / forms
  • Forms available: Yes
  • Written form required: No
  • Informal application possible: Yes
  • Personal appearance necessary: No
  • Online service available: Yes
Author
Technically approved by

Federal Ministry of Economics and Climate Protection (BMWK)

Process flow

You can submit your request for conciliation online, by De-Mail, by e-mail or by post.

Please preferably use the online application form.

To submit the application online:

  • Complete the online application form of the Telecommunications Conciliation Board on the website of the Federal Network Agency and attach the necessary documents.
  • The conciliation body will check whether the requirements for opening a conciliation procedure are met.
  • If arbitration is possible, both you and your provider will be given the opportunity to present their respective points of view.
  • The procedure is voluntary for both parties. It must therefore be terminated if your telecommunications provider refuses to participate in the procedure.
  • The procedure is usually conducted in writing.
  • In many cases, the provider offers an individual solution on its own initiative to resolve the dispute.
  • If the provider does not offer such a solution, the arbitration board will draw up an individual arbitration proposal in order to reach an amicable agreement.
  • If you and your telecommunications provider accept the conciliation proposal, the conciliation body will end the conciliation procedure.
  • If the parties do not accept this proposal, you still have the option of going to court.


If you wish to submit your request by De-Mail, e-mail or post:

  • Download the form "Request for arbitration pursuant to Section 68 of the Telecommunications Act" from the Federal Network Agency's website. Note: The additional explanations from the online application are not available here.
  • Complete the form and attach the required documents.
  • Send the application and documents to the Federal Network Agency by De-Mail, e-mail or post.
  • The further procedural steps are the same as for the online procedure.

Requirements

The Telecommunications Arbitration Board may initiate arbitration proceedings if

  • the facts of the case are related to certain provisions of telecommunications law on customer protection,
  • you have already tried unsuccessfully to reach an agreement with the provider,
  • you are prepared to agree to a compromise solution in the arbitration proceedings,
  • you have not yet applied for conciliation proceedings on the same matter in dispute,
  • no action has yet been brought before a court in your dispute,
  • the conciliation procedure is not unsuitable for settling the dispute. The procedure is particularly unsuitable if the subject matter of the dispute is not likely to result in a quick and cost-effective settlement,
  • the application does not appear to have no obvious prospect of success or appears to be wanton. This applies in particular if
    • the disputed claim is already time-barred when the application is filed and the defendant invokes the statute of limitations,
    • the dispute has already been settled,
    • an application for legal aid for the dispute has already been rejected on the grounds that the intended legal action does not offer sufficient prospect of success or appears unreasonable.

Which documents are required?

Completed application for arbitration and, depending on the facts of the case:

  • Contract and applicable General Terms and Conditions (GTC) of the provider
  • order confirmation
  • disputed invoices and itemized bills
  • Letter of termination or confirmation of termination
  • Test and measurement logs of your broadband measurement
  • Order for the relocation of a telecommunications connection
  • Order for number porting

Further information on the required documents can be found in the application form.

What are the fees?

The arbitration procedure is free of charge for you and your provider.

Each party shall bear the costs incurred as a result of participating in the proceedings, such as telephone costs, postage or other expenses.

What deadlines do I have to pay attention to?

There is no time limit for submitting your request for conciliation. However, your claim must not yet be time-barred. In the event of a disputed invoice, you must complain to the provider within 8 weeks and can then submit an application for arbitration if no resolution is possible with your provider.

During the proceedings, the arbitration board usually sets a deadline of 3 weeks for the parties to submit their comments.

Processing duration

The duration of the proceedings depends above all on whether the application for conciliation is complete, the parties submit their statements promptly and in full and are willing to compromise.

On average, conciliation proceedings take around 9 weeks from receipt of the application by the conciliation body to the conclusion of the proceedings.

The average time between the parties' statements and the conciliation proposal is around 3 weeks.

Legal basis

Appeal

There is no formal legal remedy against the decisions of the arbitration board.

The parties do not have to accept the arbitration proposal.

The parties remain free to appeal to the courts.

Applications / forms

  • Forms available: Yes
  • Written form required: No
  • Informal application possible: Yes
  • Personal appearance necessary: No
  • Online service available: Yes

Author

Technically approved by

Federal Ministry of Economics and Climate Protection (BMWK)

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