16 Amendments of Fiona HALL related to 2011/0187(COD)
Amendment 84 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Consumers in the EU are increasingly using mobile data services in their home country. However, high data roaming prices are hindering customers from using mobile data services when travelling in the Union. Therefore, appropriate measures should be taken to ensure that there are no obstacles to use alternative data roaming services, in particular through separate sale or temporary use of local data roaming services. For temporary usage of local data roaming services mobile users should be enabled to access locally supplied mobile data services, regardless of existing roaming contracts or arrangements with the provider of domestic mobile communication services and without any additional charge levied by them.
Amendment 86 #
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22 b) There are several ways in which facilities for separate sale of roaming services and for temporary access to local data roaming services could be implemented. This Regulation should not mandate any particular technical solution for these facilities but instead lay down essential requirements which should be met by these facilities in order allow the most effective and efficient solution, or combination of solutions. Those requirements should ensure in particular effective competition for the benefit of European consumers, including intensive users of data services.
Amendment 88 #
Proposal for a regulation
Recital 23
Recital 23
(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services, and to ensure coordinated and sound technical evolution of the separate sale ofprovision of separate roaming services and access to local data roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of these facilityies.
Amendment 89 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution ine establishment of facilities for separate sale of roaming services will require a reasonable period for operators to adapt at the technical level, and therefore the facility for separate sale of roaming services will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those service at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could be removed
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)
Article 2 – paragraph 2 – point o a (new)
(oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile network operator, mobile virtual network operator or reseller;
Amendment 156 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 Julyne 2014, home providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services fromoffered by an alternative roaming provider in accordance with paragraph 1. The roaming customers shall be given a period of two months within which to make their choice known to their home providers of domestic mobile communications services. In case a customer chooses to switch to an alternative roaming provider within this time limit, the switch should be carried out within a maximum period of one working day. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitateshall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roamingof domestic mobile communications services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The home provider of domestic mobile communications services or the operator of a visited network shall not alter the technical characteristics of roaming services provided by an alternative roaming provider in such a way as to make them differ from the technical characteristics, including the quality parameters, of roaming services provided by the operator providingprovider of domestic mobile communications services.
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. If the customer has subscribed for local data roaming services with an alternative roaming provider in accordance with paragraph 1, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services.
Amendment 179 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Temporary access to local data roaming services 1. Providers of domestic mobile communications services shall not prevent their customers from temporarily accessing local data roaming services of any provider of local mobile data roaming services without unsubscribing from their existing data roaming contract or arrangement. 2. Paragraph 1 shall not apply if a customer has opted for a contract with an alternative roaming provider pursuant to Article 4. 3. While the customer is temporarily using local data roaming services, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services. 4. The customer's choice to temporarily access local data roaming services of any provider of local data roaming services shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 5. Any temporary switch to a provider of local data roaming services instead of data roaming services by the provider of domestic mobile communications services and any switch back to the provider of domestic mobile communications services shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription, and shall be carried out without delay.
Amendment 183 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2. The provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to its customers using local data roaming services of the alternative roaming provider.
Amendment 194 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
3. For the purpose of enabling temporary access to local data roaming services in accordance with Article 4a, operators shall make sure that facilities are in place by 1 June 2014 at the latest, to ensure that their customers can temporarily access local data roaming services of any provider of such services while keeping their mobile number and while using the same terminal. Pricing for user authentication services shall be free of charge and pricing for additional support services related to the provision of these facilities shall be cost-orientated and there shall be no direct charges to consumers for the use of this facility.
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
4. If the provider of domestic mobile communications services is offering roaming services in the country of a provider of local data roaming services, the provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to the customers of the provider of local data roaming services in the visited country.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 2 d (new)
Article 5 – paragraph 2 d (new)
5. In order to ensure the development of the single market, the implementation of the facilities referred to in Paragraphs 1 and 3, through one or more technical solutions, shall take place in a harmonised way across the Union and shall meet the following essential requirements: – consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number; – ability to serve different categories of consumer demand on competitive terms, including intensive users of data services; – ability to effectively foster competition, taking also into account the scope for operators to exploit their infrastructure assets or commercial arrangements; – cost-effectiveness, taking into account the division of costs between the providers of domestic mobile communications services and the alternative roaming providers; – ability to give effect to the obligation to enable consumers to select an alternative roaming provider within the time limit laid down in paragraph 1.
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
6. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, gGuidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services, and relating to the facility for enabling access to local data roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. Where necessary, after consulting stakeholders and in close cooperation with the Commission, BEREC may update the Guidelines.