25 Amendments of Hans-Peter MAYER related to 2011/0187(COD)
Amendment 36 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The lack of competition on the roaming market hinders developing Single Market for telecommunications.
Amendment 71 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Customers living in border regions should not suffer from unnecessarily high phone bills due to inadvertent roaming charges. Measures should therefore be established creating a transitional zone in border areas where consumers pay a standard rate independent of the nationality of the network. These zones should be as broad as 10 kilometres on both sides of the borders.
Amendment 75 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) Similarly, to solve inadvertent roaming charges home providers should be obliged to provide a sufficiently powerful signal in areas where coverage is weak.
Amendment 75 #
Proposal for a regulation
Recital 65
Recital 65
(65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices have on average in the Union reached 750% of the price cap. For wholesale price caps the 750% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group. In order to limit distortions between Member States, the 750% criterion for retail price caps shall be calculated by averaging at the Union level the national averages for each roaming service separately (voice, SMS or data).
Amendment 112 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Concerning border regions, mobile operators should provide their customers with better information on how to avoid inadvertent roaming charges.
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 JulyMarch 2014, home providers shall inform, within four months from that date, all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. 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 147 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the criteria set out in paragraph 1 are in place by 1 JulyMarch 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 153 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,141 per minute as of 1 July 2012.
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,108 and EUR 0,065, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,065 for the duration of this Regulation.
Amendment 168 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,321 per minute for any call made or EUR 0,1109 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2816 and EUR 0,2411 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,107 on 1 July 2013, and EUR 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016at EUR 0,05 for the duration of this Regulation.
Amendment 185 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. With effect from 1 July 2012, the average wholesale charge that the operator of a visited network may levy from the customer's home provider, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease, and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.
Amendment 188 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10shall reduce to EUR 0,09 on 1 July 2012, to 0,07 on 1 July 2013 and to 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,10 until 30 June 201605 for the duration of this Regulation.
Amendment 230 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 750% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.
Amendment 231 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 750% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum retail charges no longer apply for the service concerned.
Amendment 232 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
Amendment 240 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 245 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for calls where consumers pay a standard rate independent of the nationality of the available network. Transitional tariffs for calls shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 263 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 266 #
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for SMS services where consumers pay a standard rate independent of the nationality of the available network. Transitional SMS tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 269 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 292 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:
Amendment 302 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for data communication services where consumers pay a standard rate independent of the nationality of the available network. Transitional data communication tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 303 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
It shall expire on 30 June 1 2022.
Amendment 322 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 a (new)
Article 14 – paragraph 3 – subparagraph 1 a (new)
Home providers shall provide all users with full information on how to avoid inadvertent roaming charges.
Amendment 329 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain to their customers, in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services and inadvertent roaming in border regions.