ETNO and GSMA note on the implementation of the Roaming Fair-Use Policy
To the attention of:
Jean-Claude Juncker, President of the European Commission
Frans Timmermans, First Vice-President
Andrus Ansip, Vice-President for the Digital Single Market
Günther H. Oettinger, Commissioner for the Digital Economy and Society
Brussels, 13 September 2016
Re: ETNO and GSMA note on the implementation of the Roaming Fair-Use Policy
Dear President, Vice-Presidents, Commissioner,
We would like to take this opportunity to put forward some observations on the implementation of the roaming provisions of Regulation EU 2015/2120, which is an important element in the proper functioning of Europe’s telecoms markets.
In this context, the GSMA and ETNO ask the European Commission to rethink its proposed Fair-Use Policy (FUP). This is an essential part of the implementation of Regulation 2015/2120, which needs to strike a delicate, yet essential, balance between retail prices, wholesale prices and the fair use of roaming services.
The initial proposal, which was withdrawn on Friday 9 September, would have been too complex to implement and unclear for consumers. We believe that a proper and fair functioning of roaming markets is in the interest of all: consumers, as well as companies investing in Europe’s digital infrastructure.
The proposed Fair-Use Policy would have been disproportionate and unworkable because of several economic, technical and legal issues. Moreover, it would have undermined legal certainty and risked encouraging abuse practices and market distortions at national level.
We therefore call on the Commission to adopt a new proposal, which is fully consistent with the spirit and letter of Regulation EU 2015/2120, avoids abuses and market distortions, ensures legal certainty, is easier to implement and is understandable for consumers.
For this reason, we have developed relevant background information and proposals, which we hope will be taken into consideration in the process ahead. The proposals can be found
in the Annex.
Our Associations and our Members remain fully available to further discuss this important subject and we thank you for your attention.
Mats Granryd, Director General, GSMA
Steven Tas, Executive Board Chairman, ETNO