Appendix 1: Draft Mobile Roaming (EU Exit) Regulations 2019
Additional information from DCMS
Q1: Is there a Consultation analysis available? If not, is there a list of who was consulted?
A1: A list of stakeholder engagement on mobile roaming is set out below, followed by an analysis of their comments.
Table 1: stakeholder engagement on mobile roaming
|
Mobile operators |
O2, Vodafone, BT/EE, Three |
|
MVNOs |
Sky, Virgin Media, Lebara |
|
Trade bodies |
Mobile UK, Broadband Stakeholder Group |
|
Consumer |
Which?, Citizens Advice, Citizens Advice Scotland, Communications Consumer Panel, Consumer Council for Northern Ireland, Money Saving Expert |
|
Regulator |
Ofcom |
|
Other |
Crown Dependencies, Gibraltar, Devolved Administrations, DfE (Northern Ireland) |
Source: DCMS
Summary of views expressed during stakeholder engagement
The mobile network operators expressed similar concerns on roaming under a no deal scenario. All were concerned about the UK no longer being a party to the EU Roaming Regulation. They all stated that their companies support the EU Roaming Regulation regime so that the wholesale charges they face from EU operators are capped. In the event of the UK not being a party to the EU Roaming Regulation (which is a necessary consequence of the UK leaving the EU without a deal covering roaming), they did not believe that the regulation mandating surcharge-free roaming could or should endure as the costs that EU mobile operators would be able to charge them for providing roaming services would no longer be regulated. The operators explained that due to customer demand, they have no current plans to re-introduce roaming surcharges.
The mobile virtual network operators (MVNOs) shared the mobile operators’ views in relation to the UK not being party to the EU Roaming Regulation as a consequence of the UK exiting the EU. MVNOs are subject to the charges of EU mobile operators via their parent UK mobile operator when their customers roam in the EU. This is because MVNOs do not have networks of their own - they use the networks of one of the four mobile operators.
Which? expressed concern that consumers would no longer be guaranteed surcharge-free roaming in the EU as a result of the UK leaving the EU. Mobile roaming charges were a significant consumer / consumer harm issue for them. They did not welcome the potential return of surcharges post-Exit (in the event of the UK leaving the EU without a deal). They noted mobile operators’ statements about ‘no current plans to re-introduce roaming surcharges’ but were less reassured by the fact such statements are not legally binding. Which? proposed that the UK should secure a deal with the EU that will cover mobile roaming. Which? noted that the €50 financial limit is essential as well as transparency more generally. As well as wanting to see surcharge-free mobile roaming with the EU, Which? has called on the Government to secure surcharge-free roaming with the rest of world as part of its future trade negotiations.
Citizens Advice prepared a document in December setting out its key consumer questions - including mobile roaming. DCMS drafted a response to the points set out by Citizens Advice in its document. Their questions included: Will there be roaming fees for using my mobile phone in the EU? And can I still use my included data when travelling in the EU?
DCMS officials discussed these concerns with stakeholders and noted that, as the UK will no longer be part of the EU, reciprocal arrangements on surcharge-free roaming cannot be guaranteed via this SI. DCMS officials communicated to stakeholders the provisions it is appropriate to retain, such as transparency and the €50 financial limit converted to £45.
Ofcom provided detailed input on the deficiencies identified in roaming legislation and raised no concerns about the drafting of the SI.
February 2019