MCCAA Conference

Friday 14th March 2014

New measures on the EU New measures on the EU single market for telecomssingle market for telecoms

Grace Attard, ACR, EESCGrace Attard, ACR, EESCPauline Azzopardi, ACRPauline Azzopardi, ACR

Proposed Regulation

The aim of the proposed regulation is to establish a single market for electronic communications in which:

• the public, institutions and businesses can access electronic communications services throughout the EU under equal conditions without restrictions or additional costs.

• operators and providers of electronic communication services can provide services on competitive conditions outside the borders of Member States

• Increase availability and lower costs for using fast connections to enable all service providers to create and offer innovative products and services on the global market

• Introduction of a single European authorisation valid throughout the EU.

• Harmonisation of regulatory conditions and spectrum management.

• Will stimulate investments in European electronic communication service providers.

• The proposed harmonisation of guarantees of consumer and user rights, including:• Easier choice of service provider and facilitating change

of providers• Elimination of the high costs of mobile roaming calls and

intra-EU cross-border fixed-line calls

Cf. EESC Information Report on "Stop Roaming Charges Now", CES5263 2013, rapporteur: Mr Hencks

The future regulation has to provide: • more financial and legal security for the operators

• more legal security by better safeguarding of users rights

• proper personal data protection and other rights of end-users of electronic communication services

• Single EU authorisation for European electronic communications providers based on a single notification system in the Member State of main establishment of the provider

• Introduction of virtual broadband access products and harmonised electronic communication products with assured service quality (ASQ)

• Harmonisation of rules regarding the rights of end-users/consumers (requirement for transparent information and contracts, clearly defined conditions for entering into and terminating contracts, net neutrality, assured service quality, easier switching and number portability);

• Sanctioning powers of the competent national authorities and rules on the commission’s power to adopt implementing acts

• Establishing rules on roaming calls in mobile networks

• Limiting the cost of intra-EU fixed-line calls which is not to exceed the tariff for domestic long-distance communications;

• Increased stability for the Body of European Regulators for Electronic Communications (BEREC)

• Overcoming the fragmentation of the electronic communications market

• Promoting effective competition and attracting private investment through a predictable and stable legal framework

• Ensuring a high level of consumer protection• Harmonising spectrum assignment.

These are crucial for the economic and social development of the Member States

Cf: Conclusions of 24-25 October 2013 (EUCO 169/13, CO EUR 13 CONCL 7), points 5 and 9)

• Obligations regarding transparency• Clear consumer information about conditions, quality,

rights, tariffs• Rules on facilitating a change of provider• Bringing major benefits for consumers of electronic

communication services• Strengthening their position vis-à-vis service providers

and reducing information asymmetry

Covering:•Provision of services for disabled end-users, details of products and services•The type of action that might be taken by the provider in response to security or integrity incidents or threats and vulnerabilities•Control by end-users of their consumption of electronic services

To distribute public interest information on:•The most common uses of electronic communications services for engaging in unlawful activities or disseminating harmful content and their legal consequences

•The means of protection against risks to personal security and unlawful access to personal data when using electronic communications services

Prices charged for roaming mobile communications within Europe continue to be inflated and significantly higher than the rates charged for the same service domestically.

• There is the need to include also in the Regulation the obligation to make charges more transparent, particularly where bundled offers are concerned.

• The regulatory authorities should work with consumer organisations to develop a standard format for presenting the breakdown of

charges

to allow comparisons to be made between the various bundles and make it easier to find the best deal.

Source EESC TEN/534 New measures on the EU Single market for telecoms

• Mobile phones have become an essential tool in our daily life.

• It is therefore crucial that the sector is regulated, all consumers, in particular the most vulnerable have

access to the correct information and services, not least with regards to our health.

• Consumers International this year will be focusing on this sector in order to address the many problems that consumers are facing

• Unjust contracts lacking in adequate information• Hidden provisions which renew contracts automatically,

without the consumers knowledge• Imposed fines when a consumer switches from one

company to another or terminates the contract• Unreliable lines of communication from one place to another • Complaints that are not followed correctly or that take long

to reach a solution

• To provide just contracts that have clear, simple language that the consumer can understand;

• Value for money – good, high quality products and services

• Fair and transparent tariffs and bills, of which the consumer has knowledge when signing the contract

• Addressing consumer complaints through an effective system

• A mechanism to be put in place so that the consumer receives just compensation if not satisfied

• The right to data protection is paramount and it should be the consumer to decide under what conditions they give their consent for the data to be used in the provision of services. Current practices are inconsistent and unjust

Thank you Thank you Association for Consumer Rights Malta (ACR)info@konsumatur.com