As of august 30, 2008, tariffs for mobile customers making calls abroad within the EU (“roaming”) will continue to decrease. The price caps for end-user prices (“Eurotariff”) stipulated in the regulation will be lowered from this date by three cents to 46 cents for outgoing calls and by two cents to 22 cents per minute for incoming calls (each plus VAT). Mobile network operators are obligated under the EU Roaming Regulation to do so and must inform their customers about the updated charges.
From this point onwards, the maximum amount for the wholesale charge – the charge that providers bill each other – may on average only be 28 cents per minute.
A further reduction of up to three cents per minute for both end-user and wholesale charges will take effect on august 30, 2009.
In addition to these price caps, the regulation stipulates a series of transparency obligations for providers towards their customers. Specifically, all customers will receive free SMS information upon crossing a border regarding the maximum charges applicable to them for mobile phone calls in the respective country. Furthermore, they have the option to inquire about international charges for SMS, MMS, and other data communication services from their provider via a toll-free hotline.
The Federal Network Agency monitors compliance with the Roaming Regulation by companies in Germany. “It is gratifying that mobile network operators have largely implemented the provisions of the regulation in a timely and consumer-friendly manner,” said Matthias Kurth, President of the Federal Network Agency. “The Eurotariff has been well received by consumers. The Federal Network Agency was able to resolve isolated ambiguities in the interpretation of the provisions through dialogue with network operators.”
For inquiries and complaints, customers can first contact their provider and subsequently the consumer service of the Federal Network Agency:
Federal Network Agency
Consumer Service
PO Box 8001
53105 Bonn
Telephone: 030 22480-500
The regulation is initially valid until summer 2010. The EU Commission is currently reviewing whether the set objectives have been achieved. Furthermore, it is examining whether, in light of market developments and in the interest of competition and consumer protection, there is a need to extend the period of validity beyond this date. It can also issue recommendations to amend the regulation and include further services. In this context, an extension to SMS and data communication services is proposed.
The European Regulators Group (ERG) has published the position of the European regulatory authorities within the framework of a consultation conducted by the Commission. It sees room for further price reductions in data communication services, despite stronger competitive pressure than that existing for mobile voice services. “Mobile network operators should further reduce their tariffs for data communication services so that tariff regulation proves unnecessary,” Kurth appealed to German companies.
Source: Press Release of the Federal Network Agency dated august 4, 2008, Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways Press Office, Tulpenfeld 4, 53113 Bonn, http://www.bundesnetzagentur.de/enid/2.html
Goldberg Attorneys at Law, Wuppertal-Solingen 2008
Attorney at Law Michael Ullrich, LL.M.(Information Law)
m.ullrich@goldberg.de
