9. What are the conditions governing implementation of fair use policy in roaming between countries of the European Economic Area (EEA)?


In the case of roaming communications within the EEA1, since 15 June 2017, operators have been required to implement Roam Like at Home (RLAH)2. However, operators are permitted to implement a fair use policy for roaming service between EEA countries; this may take the following three forms:

(i) setting a specific limit on roaming data consumption in EEA countries, the value of which should be calculated according to the criteria3 defined in Regulation (EU) 2016/2286 of 15 December 2016https://www.anacom.pt/render.jsp?contentId=1401619. This limit can only be set for tariffs that comply with certain conditions, which are set out in the same regulation (tariffs classified as "open data packages" and pre-paid tariffs charged per consumption unit). After this limit is exceeded, when setting the price of data communications in roaming, the operator may, as a rule, charge an established surcharge for this service in addition to the domestic price applicable to data communications.

Therefore, it must be confirmed whether the tariff subscribed to at national level entails specific limits for data communications in roaming.

For other communications, the operator cannot set specific consumption limits for roaming between EEA countries and therefore, if the user has subscribed to a national tariff whose monthly charge includes a certain volume of free national calls/SMS/MMS, roaming traffic must be also be discounted from these same volumes and be free until the limit is reached.

For information about the maximum prices, surcharges and rules applicable to roaming consumption limits for different types of communications, with different types of tariffs, see table 1 (below).

(ii) Establishment of monitoring mechanisms, based on objective indicators, in order to prevent abusive or anomalous use of regulated retail roaming services outside the context of periodic travel within the EEA. Indicators may include measures to determine whether customers exhibit patterns of consumption which are predominantly indicative of roaming and measures to determine whether the customer has a presence which is prevalent in the national territory rather than in other EEA countries. Observation of these measures to monitor presence and consumption must be carried out over a period of at least four months. When the operator concludes that there is objective and reasoned evidence of abusive or anomalous use of roaming services, the operator is required to alert the customer before applying a surcharge.

For information about the maximum prices and surcharges for calls, SMS and data applicable in cases of non-compliance with the rules governing the obligation not to engage in abusive or anomalous use of the roaming service between EEA countries, see Table 2 (below).

iii) Request evidence from roaming customers to prove that they have habitual residence in or stable ties with the country where their service is based.

For information about the maximum prices and surcharges for calls, SMS and data, which are applicable where customers fail to provide evidence that they have habitual residence in or stable ties with the country where their service is based, see table 2 (below).

All terms and conditions associated with the fair use policy must be in included in the contracts operators conclude with roaming customers, should they choose to implement this policy. Customers should therefore confirm, that this information is included in their contract. If your operator requires evidence of stable links involving a frequent and significant presence in the country where your service is based/or that you exhibit certain non-abusive/non-permanent usage patterns, these rules must be set out in your roaming contract or in the conditions governing use of roaming services and must have been communicated to you in good time.

Table 1 - Maximum prices, surcharges and limits applicable to roaming communications between EEA countries (values in euros, excluding VAT)

 

Tariffs with specific limits for data consumption in roaming3 between EEA countries

 Remaining tariffs

Are specific limits allowed for different roaming communications?

Maximum price

Are specific limits allowed for different roaming communications?

Maximum price

Data service (value/Mb)

 

 

Yes3

 

Up to the roaming data consumption limit: the roaming price may not exceed the domestic price, except in situations of non-compliance with fair use policy as indicated in table 2

Once the roaming data consumption limit is exceeded, the roaming price may not exceed the sum of the domestic price + surcharge of 0.003 euros/Mb4,8. This sum cannot exceed 0.20 euros/Mb5

 

 

 

No

 

 

The roaming price may not exceed the domestic price, except in situations of non-compliance with fair use policy as indicated in table 2

Outgoing calls (value/minute)

No

The roaming price may not exceed the domestic price6, except in situations of non-compliance with fair use policy as indicated in table 2

No

The roaming price may not exceed the domestic price6, except in situations of non-compliance with fair use policy as indicated in table 2

Received calls (value/minute)

No

Free roaming calls, except in situations of non-compliance with fair use policy as indicated in table 2

No

Free roaming calls, except in situations of non-compliance with fair use policy as indicated in table 2

SMS sent (value/SMS)

No

The roaming price may not exceed the domestic price7, except in situations of non-compliance with fair use policy as indicated in table 2

No

The roaming price may not exceed the domestic price7, except in situations of non-compliance with fair use policy as indicated in table 2

SMS received (value/SMS)

No

Free SMS in roaming

No

Free SMS in roaming

 

Table 2 - Breach by the customer of the rules governing fair use indicated in ii) or iii) - maximum prices, surcharges and limits applicable to roaming communications between EEA countries (values in euros, excluding VAT)

Maximum roaming prices (excluding VAT)

Values for outgoing calls (per minute)

The roaming price may not exceed the sum of the domestic price6 + surcharge of 0.032 euros4

This sum may not exceed 0.19 euros5 (limit of the previous Eurotariff for calls)

Values for incoming calls (per minute)

The roaming price may not exceed the value of the surcharge (0.0076 euros)

Values for outgoing SMS (per SMS)

The roaming price may not exceed the sum of the domestic price7 + surcharge of 0.01 euros4

This sum may not exceed 0.06 euros5 (limit of the previous SMS Eurotariff)

Values for incoming SMS (per SMS)

Free SMS in roaming

Values for data service (per Mb)

The roaming price may not exceed the sum of the national price + surcharge of 0.003 euros/Mb4,8

This sum cannot exceed 0.20 euros/Mb5 (limit of previous data Eurotariff)

In addition to the tariffs subject to the limits indicated in the table, operators may apply other tariffs for roaming communications between EEA countries. If these alternative tariffs are available, customers can always choose to subscribe to them.


Notes

1 European Union countries plus Iceland, Norway and Liechtenstein.
2 Unless they demonstrate to the regulator that they are unable to recover costs incurred in the provision of roaming services.
3 In tariffs classified as "open data packages" in accordance with Regulation (EU) 2016/2286 of 15 December 2016, customers of roaming must be able to consume, when periodically travelling in the EEA, a specific volume of data roaming retail services at the domestic retail price. This volume is equivalent to at least twice the volume obtained by dividing the total domestic retail price of that open data bundle, excluding VAT, corresponding to the entire billing period, by the maximum regulated roaming wholesale tariff (3 euros/Gb, from 1 January 2021), as under article 12 of Regulation (EU) no. 531/2012 of the European Parliament and of the Council of 13 June 2012https://www.anacom.pt/render.jsp?contentId=1132567 (as amended by Regulation (EU) 2017/920 of the European Parliament and of the Council of 17 May 2017https://www.anacom.pt/render.jsp?contentId=1411654). In the case of pre-paid tariffs charged per unit of consumption, the operator may establish that the consumption of roaming data services in the EEA is charged at the consumption retail price only up to a certain volume equivalent to at least the volume obtained by dividing the total amount (excluding VAT) of remaining available credit (already paid by the customer to the provider) by the maximum regulated roaming wholesale tariff (3 euros/Gb, from 1 January 2020), as under Article 12 of Regulation (EU) no. 531/2012.
4 Maximum surcharge, as defined in Regulation (EU) no. 531/2012 of the European Parliament and of the Council of 13 June 2012https://www.anacom.pt/render.jsp?contentId=1132567 (as amended by Regulation (EU) 2017/920 of the European Parliament and of the Council of 17 May 2017https://www.anacom.pt/render.jsp?contentId=1411654).
5 Except when the domestic price is higher. In this case, no surcharge is applicable and the roaming price may not exceed the domestic price.
6 Based on the price for national calls originated and terminated on different communications networks.
7 Based on the price of national SMS originating and terminating on different networks.
8 The conversion rule, according to which 1Gb = 1000 Mb, set out in the Roaming Guidelineshttps://www.anacom.pt/render.jsp?contentId=1408119 and recital 17 of Regulation (EU) 2017/920 of the European Parliament and of the Council of 17 May 2017https://www.anacom.pt/render.jsp?contentId=1411654.
9 Corresponding to the weighted average of maximum mobile termination rates across the European Union established by Implementing Regulation (EU) 2020/2082 of the Commission, in 14 December 20120.