In cases where providers can apply a fair use policy, a calculation is to be performed to establish the limitations which, in terms of use of the specific applications indicated above in roaming in the EEA, may be implemented in order to comply with RLAH rules. For this purpose, a hypothetical example is given of a type 4 offer (as referred to in section III.2. 3. 2), with a monthly cost of 13.66 euros per month, excluding VAT, which would include:
a. 5 GB/month general data allowance;
b. "Unlimited traffic" associated with Facebook, Instagram, Snapchat, WhatsApp and Facetime applications;
c. an additional data allowance 5GB per month for YouTube and Twitch traffic.
With regard in particular to the BEREC Roaming Guidelines nos. 14, 49, 51 and 52, in this exercise:
a. It was first examined whether the different types of tariffs applicable to the use of data in general and/or specific applications are open data bundles (this is always the case where there are tariffs of unlimited data but is the case only, where there are data limits, when the division of the monthly value of the mobile service by the applicable domestic data limit is lower than the wholesale rate of 6 euros/GB). For this purpose, taking into account Guideline 49, the reference price considered was the monthly value excluding VAT of 13.66 euros, concluding as follows:
- The tariff associated with general data traffic (with 5GB/month cap) is an open data bundle, given that the ratio obtained was as follows:
13.66 euros/5 GB = 2.73 euros/GB (< 6 euros/GB) - The tariff associated with unlimited traffic (Facebook, Instagram, Snapchat, WhatsApp and Facetime applications), since it is unlimited, is an open data bundle.
- The tariff associated with traffic (with an additional 5GB / month data limit) for YouTube and Twitch traffic is an open data bundle, given that the ratio was as follows:
13.66 euros/5 GB = 2.73 euros/GB (< 6 euros/GB)
b. Secondly, since all data tariffs included in this tariff are open data bundles, for each of those tariffs, the fair use policy threshold for roaming in the EEA was calculated based on the following ratio:
Fair Use Policy Limit = (2 × (Monthly charge for mobile servicess,ex.VAT)) / (Current wholesale tariff/GB)
Since the reference price to be considered for each of these three data tariffs included in the hypothetical tariff is the monthly value associated with the tariff (13.66 euros, excluding VAT), the roaming fair use policy applicable to each of them is identical (4.55 GB), and was obtained as follows:
2* 13.66 euros/6 euros/GB = 4.55 GB
It should be noted that, as in the Portuguese territory:
i. when the 4.55 GB limit applicable to the use of YouTube and Twitch is exceeded in roaming in the EEA, the fair use policy (also 4.55 GB) applicable to general roaming data usage in the EEA may be employed;
ii. when the 4.55 GB limit is exceeded in roaming in the EEA, as applicable to the use of national applications with "unlimited traffic", the fair use policy (also 4.55 GB) applicable to general roaming data usage in the EEA may be employed.
