1&1 can continue to advertise that it is building the “most modern 5G network in Europe”. The company from Montabaur refers to its approach with the open mobile radio standard Open RAN (Open Radio Access Network). This makes it possible to virtualize at least parts of the functions previously performed by proprietary hardware as software and to become independent of classic network suppliers such as Huawei, Ericsson, Nokia and ZTE.
Deutsche Telekom wanted to prevent 1&1 from presenting itself as the most modern European mobile network operator. Before the Koblenz Higher Regional Court, however, she finally failed with the application for a corresponding injunction in the appeal process. According to the final judgment (Az.: 9 U 432/23) of Tuesday, 1&1 has to change its advertising for the 5G at home tariff that was introduced at the end of 2022. The tenor of the decision is available heise online.
According to this, the new mobile network operator can no longer claim “literally or analogously” that DSL or cable connections are a thing of the past with the “Fixed Wireless Access” offer (FWA) when threatened with a fine of up to 250,000 euros. With the tariff variants linked to certain data volumes, the wireless connection is not intended for mobile use. Rather, it should provide home sweet home with a maximum download speed of 500 Mbit/s.
No network components from China
At the start, the service could only be booked in a few areas in the Rhine-Main area. The Federal Network Agency initiated fine proceedings 1&1 in April because the construction of its 5G network was delayed. At that time, 14 cell phone sites were in operation. The telecommunications group bought 5G spectrum at the 2019 frequency auction, which was linked to the condition that at least 1,000 locations be put into operation by the end of 2022.
With “5G at home”, the higher regional court speaks of “telecommunications offers with limited availability”, which do not include fixed-line telephony. According to the decision, the costs of the appeal process and the first-instance dispute before the Koblenz Regional Court are “repealed against each other”. The judges confirmed, 1&1 was pleased with the decision, that the company “can continue to claim that it is the first and only network operator in Europe to rely entirely on the innovative Open RAN technology and thus clearly differ from traditional network architectures” differentiate. These would often be provided by just one supplier such as the Chinese Huawei group. With the help of standardized interfaces, one is able to “work flexibly with the safest and best manufacturers”. 1&1 renounced “from the beginning on network components from China”.
Telekom’s statement that “5G at home” does not provide conventional voice services is also “in the meantime obsolete”. “The Koblenz Higher Regional Court followed our reasoning and issued another ban, so that 1&1 is not allowed to continue advertising its 5G product as in the past,” commented a Telekom spokeswoman on the verdict to heise online. “Unfortunately, the court did not share our view that the phrase ‘Europe’s most modern network’ is a misleading term.” The availability of the 1&1 network is “still limited to just a few locations”, and a “significant network expansion” is currently not perceptible. However, no further legal action will be taken in this matter. Telekom itself has had mixed experiences with Open RAN in Neubrandenburg.
