> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/einnahmen-und-ausgaben/buchhaltung-erweiterung/10080200-kabelgebuehr-kabelfernsehen-umgelegt-auf-mieter.md). # Cable fee, cable television (recoverable from tenant) Help on the Immodio entry item Cable fees, cable television (recoverable from tenant).
Since **1 July 2024** this category may only be used for narrowly limited running costs of the communal reception or distribution system. Since that date the monthly charges for a cable TV or broadband connection may no longer be allocated to all tenants as ordinary operating costs. The former **ancillary cost privilege** has ended. Tenants now pay for a TV, internet or telephone connection either directly to a provider of their own choice or to the landlord on the basis of a separate individual contract. ### What can be entered here? #### Operating an existing communal aerial system With a communal aerial system the following running costs can in principle still be taken into account: * the operating electricity of the aerial system, * regular checks of operational readiness, * regular adjustment of the system by a specialist, * labour and travel costs, as far as they are directly attributable to that checking or adjustment. This only applies to systems to which Section 2 no. 15 letter a BetrKV is still applicable: > "*The costs of operating the communal aerial system, comprising the costs of the operating electricity and the costs of regularly checking its operational readiness including its adjustment by a specialist, and up to 30 June 2024 also the usage charge for an aerial system not belonging to the building and the fees arising under the Copyright Act for cable retransmission.*" {% hint style="info" %} For systems built on or after **1 December 2021**, this rule is **no longer applicable.** {% endhint %} #### Operating an existing private broadband distribution system With a private distribution system present in the building that is connected to a broadband network, since 1 July 2024 in principle only the **operating electricity of the distribution system** is named as an operating cost item. The monthly cable connection fees, basic TV charges and the costs of an external aerial system or of cable retransmission that used to be recoverable in addition are no longer covered. {% hint style="info" %} For systems built on or after **1 December 2021**, this rule is **no longer applicable.** {% endhint %} #### A fibre optic distribution system inside the building With a distribution system inside the building that is connected entirely by fibre optic cable to a public network of very high capacity, the following can be entered under the statutory conditions: * the operating electricity of the fibre optic system inside the building, * a permissible fibre optic provision charge under Section 72 of the German Telecommunications Act. {% hint style="warning" %} This requires in particular that the tenant **can freely choose** their telecommunications provider over the connection. {% endhint %} The tenant also only has to bear the provision charge where the measure was implemented economically. With an elaborate measure with total costs of more than 300 euros per residential unit, the landlord has to obtain **three quotations and choose the most economical one**, as far as possible, before concluding the agreement. ### What may no longer be entered as operating costs since 1 July 2024 The following in particular do not belong in this category: * monthly basic cable TV fees, * charges for a basic TV connection, * fees for programme packages or pay TV, * internet and telephone fees, * monthly broadband connection fees, * the costs of a multi-user or collective contract for the telecommunications services themselves, * usage charges for an aerial system not belonging to the building, * copyright fees for cable retransmission, * a tenant's activation fees, * rental of receivers, routers or other terminal equipment. The Operating Costs Ordinance expressly limited the allocation of the additional aerial, cable retransmission and basic broadband fees to the period up to **30 June 2024**. {% hint style="warning" %} An old rental agreement clause listing "cable fees", "broadband connection" or "communal aerial" as operating costs does **not** extend this statutory transitional period. {% endhint %} ### A separate contract with the tenant Landlords can still conclude a multi-user contract with a cable or telecommunications provider. The TV, internet or telephone charges arising from it may, however, no longer be allocated automatically to all tenants through the operating cost statement. Passing them on only comes into consideration on the basis of a corresponding **individual contract with the respective tenant**. The tenant therefore has to be able to decide consciously in favour of the telecommunications service offered. Where the landlord provides a TV, internet or telephone connection themselves and charges for it, they generally have to comply with the customer protection provisions of the German Telecommunications Act. These include, among other things: * transparent details of the service and the price, * a contract summary before the contract is concluded, * information about the term, extension and termination, * an initial term of at most 24 months, * the offer of a contract variant with a term of at most twelve months, * a notice period of at most one month after a tacit extension of the contract. {% hint style="info" %} Where the tenancy has already existed for at least 24 months, the consumer can accordingly end their use of a telecommunications service provided by the landlord on one month's notice. {% endhint %} ### The fibre optic provision charge The fibre optic provision charge is not an ordinary monthly fee for an internet or TV tariff. It serves to refinance, for a limited time, a fibre optic infrastructure built inside the building for the first time. The charge is limited to: * at most **60 euros per year and residential unit**, * at most **540 euros in total per residential unit**, * in principle a collection period of up to five years, * with an elaborate measure, exceptionally up to nine years. The operator has to ensure the operational readiness of the infrastructure and to give other telecommunications providers transparent and non-discriminatory access. The statutory rule applies to fibre optic infrastructures built by **31 December 2027** at the latest. #### No double financing of the fibre optic roll-out Where a fibre optic provision charge is billed through the operating costs, the landlord may not additionally claim the same roll-out costs through a modernisation rent increase. A modernisation rent increase for the initial fibre optic connection only comes into consideration where the tenant can choose their provider freely and no fibre optic provision charge was or is allocated as operating costs. ### Assignment For the assignment select **"Tenancy"** and then the tenancy for which the costs of the aerial, broadband distribution or fibre optic system may be allocated to the operating costs under an individual contract. ### Split mixed invoices carefully Invoices from cable network and telecommunications companies can contain different services, for example: * basic TV supply, * internet connections, * the operating electricity of the building distribution system, * maintenance or repairs, * the fibre optic provision charge, * router or device rental, * connection and activation fees. Such an invoice may not be entered in this category in full. Have the following shown separately if possible: 1. telecommunications and programme charges, 2. recoverable operating electricity, 3. permissible checking and adjustment work, 4. the fibre optic provision charge, 5. repairs and spare parts, 6. acquisition and installation costs, 7. terminal equipment and other additional services. Only the infrastructure share actually recoverable under the current law may be allocated through the operating cost statement. ### Placing older case law in context Under the former law the Federal Court of Justice partly allowed the allocation of broadband cable costs. Those decisions concerned settlement periods in which the Operating Costs Ordinance still recognised monthly basic cable fees as recoverable costs. No entitlement to continue allocating them as operating costs can be derived from them for periods from 1 July 2024 onwards. Even before the end of the ancillary cost privilege, the Federal Court of Justice also held that a landlord who provides a cable TV connection for a charge can be treated as a provider under telecommunications law and has to allow tenants to end the service after a corresponding contract period. These provider duties are now expressly governed by Section 71 of the German Telecommunications Act. ### Settlement periods around 1 July 2024 Where an invoice covers periods both before and after 1 July 2024, it has to be split pro rata by time. With an annual invoice from 1 January to 31 December 2024, for example, the full basic TV price may not be applied as operating costs. Depending on the specific invoice and contractual position, at most the share attributable to the period up to 30 June 2024 can be taken into account under the old law. For the period from 1 July 2024 onwards, only the infrastructure costs still permitted by law may be applied. In Immodio you can set an individual period for individual categories here:
### Documents for the statement Keep in particular: * the contract with the cable or network operator, * the complete annual invoices, * a breakdown of the individual services, * details of the age and type of the building distribution system, * invoices for the operating electricity, * checking and adjustment records, * documents on the fibre optic roll-out, * evidence of the free choice of provider, * the calculation of the fibre optic provision charge, * the comparative quotations obtained, where applicable, * the split by time for the year 2024, * separate individual contracts with participating tenants. Advance payments of operating costs have to be billed annually and in compliance with the requirement of economic efficiency. The tenant can ask to inspect the receipts underlying the statement.