[ParlTrack]

Proposal for a regulation – amending act
Recital 4 a (new)

(4a) Differences in topography, population density and seasonal variations in tourist regions result in different business models for mobile operators, thus leading to higher costs.

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 16

(16) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs as well as provide flexibility to compete by offering shorter minimum charging periods. However, no minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set-up costs are already covered by mobile termination ratesand shall not apply a minimum initial charging period to calls subject to a Eurotariff.

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 27

(27) Roaming customers should not be required to pay any additional charge for receiving a regulated roaming SMS or voice mail message while roaming on a visited network, since such termination costs are already compensated by the retail charge levied for the sending of a roaming SMS or voice mail message.

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 32

(32) The high level of retail prices for data roaming services remains a concern and indicates that competition in these services is still not sufficient However, unlike the case for voice and SMS roaming services, competitive constraints exist at retail level, as roaming customers have alternative means of accessing data services when abroad, such as public wireless access to the internet, without associated numbering constraints. ~~It would therefore be premature at this stage to regulate prices at the retail level.~~

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 34

(34) In particular, mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to them for data roaming services ~~when they first~~every time when the roaming customer initiates a data roaming service oin ~~entering~~a particular Member State or enters another Member State. This information should be delivered via a message to their mobile telephone ~~or o~~, email or pop-up window on their ~~mobile device~~computer in the manner best suited to its easy receipt and comprehension.

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 35

(35) In addition, in order to avoid bill shocks, mobile operators should ~~offer~~provide all their roaming customers, free of charge, ~~an opportunity to specify in advance a maximum financial limit~~information on the accumulated consumption expressed in volume or the currency in which the roaming customer is billed as well as offer them to specify in advance, several maximum limits of consumption for their outstanding charges for data roaming services, with an appropriate warning messages when thise specified limit is being approached. Upon this maximum limit of consumption being reached, the data roaming service should be terminated unless the customer specifically requests its continued provision. according to the terms and conditions as outlined in the warning messages.

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 37

(37) Moreover, the persistence of high wholesale charges for data roaming services is primarily attributable to high wholesale prices charged by operators of non-preferred networks. Such charges are caused by traffic steering limitations which leave operators with no incentive to reduce their standard wholesale prices unilaterally since the traffic will be received irrespective of the price charged. This results in an extreme variation in wholesale costs. In some cases the wholesale data roaming prices applicable to non-preferred networks are thirty times higher than those applied to the preferred network. These excessively high wholesale charges for data roaming services lead to appreciable distortions of competitive conditions between mobile operators within the Community which undermine the smooth functioning of the internal market. They also constrain the ability of home providers to predict their wholesale costs and therefore to provide their customers with transparent and competitive retail pricing packages. In view of the limitations on the ability of national regulatory authorities to tackle these problems effectively at national level, a wholesale and retail price limit on data roaming services should apply. The wholesale and retail price limits should be set at a safeguard level ~~well~~ above the lowest wholesale and retail prices currently available in the market, to enhance competitive conditions and permit the better functioning of the internal market for the benefit of consumers.

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Recital 40

(40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation and the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market, while keeping in mind its impact on the smaller mobile communications providers in the Community and their position in the Community-wide roaming market. In the longer term, market and especially technological developments may render regulation unnecessary. The Commission should monitor these developments and ensure that new technological developments have free access to the roaming market, in accordance with the provisions of Article 3 of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive).

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Article 1 – point 5 – point (a)

Regulation (EC) No 717/2007/EC
Article 4 – paragraph 2 – subparagraph 3

~~By way of derogation from the second subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff.~~deleted

2009/02/04
Committee: IMCO

Wolfgang BULFON

Proposal for a regulation – amending act
Article 1 – point 5 – point (a a) (new)

Regulation (EC) No 717/2007/EC
Article 4 – paragraph 2 a (new)

The following paragraph 2a shall be inserted: "2a. Home providers shall not levy any charge from their roaming customers for the receipt by them of a roaming voice mail message."

2009/02/04
Committee: IMCO

Wolfgang BULFON