Implementation of EU Roaming Regulation by Irish Mobile ... · 1 Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012. 2 BoR (13) 15 - BEREC Guidelines

Implementation of EU Roaming

Regulation by Irish Mobile

Companies

17th wave of Irish and EU aggregated data

(1 October 2015 to 31 March 2016)

Information Notice

Reference: ComReg 17/11

Version: Final

Date: 02/02/2017

Internal

Use Only

Implementation of EU Roaming Regulation by Irish Mobile Service Providers – 17th Wave of data – 1 October 2015 to 31 March 2016 ComReg 17/11

Page 2 of 16

Content

Section Page

1. Introduction ........................................................................................... 3

2. Key Points ............................................................................................ 4

3. Analysis of Irish Data ........................................................................... 6

4. EU Regulatory Requirements ............................................................ 12

Requirements 2007-2012 .............................................................................. 12

Requirements 2012-2014 .............................................................................. 13

5. Legal Basis ......................................................................................... 16


Page 3 of 16

1. Introduction

Background

1. The third EC Regulation on international roaming services, Regulation (EU) No.

531/2012, effective on 1 July 2012, was published on 13 June 20121. The main

provisions of this regulation, “Roaming Regulation III” are included in section 4 of

this document.

2. The Body of European Regulators for Electronic Communications (BEREC)

published guidelines on Roaming Regulation III in February 20132. The BEREC

Guidelines on the Roaming Regulation III present an update of the former ERG

Guidelines on the second Roaming Regulation, are designed to explain the

Regulation and are complementary to the provisions set out in the Regulations.

3. The Commission Implementing Regulation (EU) No. 1203/2012 on the separate

sale of regulated retail roaming services within the European Union was published

on 14 December 2012. This lays down technical rules for the separate sale of

regulated retail roaming services. From 1 July 2014, domestic service providers

must inform their existing roaming customers about the possibility to opt for the

separate sale of roaming services.

Publication of Data

4. The collection of data for monitoring purposes by National Regulatory Authorities

(NRAs) is a requirement of the EU roaming regulations3. The Commission for

Communications Regulation (“ComReg”) was designated as the National

Regulatory Authority for this purpose by the Minister for Communications, Energy

and Natural Resources4.

5. Individual NRAs are required “to monitor developments in wholesale and retail

charges” for voice calls, SMS and data charges. BEREC coordinates the regular

data collection exercise from all NRAs. BEREC’s 17th International data roaming

report was published on 23 September 20165.

6. This is the 17th information notice published by ComReg in relation to roaming. It

spans the data collection period 1 October 2015 to 31 March 2016. Data from

previous periods are included for comparative purposes.

1 Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012. 2 BoR (13) 15 - BEREC Guidelines on the Roaming Regulation (EC) No 531/2012 (Roaming

Regulation III ) (Excluding articles 3, 4 and 5 on wholesale access and separate sale of services). 3 Article 16 of Regulation (EU) No 531/2012. 4 Communications (Mobile Telephone Roaming) Regulations 2013, S.I. No. 228 of 2013. 5 BoR (16) 160 – International Roaming BEREC Benchmark Data Report: October 2015 – March 2016.

http://www.irishstatutebook.ie/pdf/2013/en.si.2013.0228.pdf


Page 4 of 16

2. Key Points

7. A comprehensive set of data was requested by all NRAs from national operators.

The following key points relate to the data collected by ComReg from Irish

operators for the periods 1 October 2015 to 31 March 2016 (Q4 2015 and Q1

2016). For comparison, the periods from 1 April 2014 to 30 September 2015 are

also included in Figures 1 - 11 of this document. Figure 12 provides information

on retail data volumes spanning Q1 2008 to Q1 2016.

Note: all prices displayed exclude VAT and are rounded to two decimal

places

Voice calls

8. Irish average retail roaming prices6 for calls made and received continue to

indicate compliance with the regulatory price ceilings, and while the prices for

calls received remained below the EU/EEA average, prices for calls made were

slightly above the EU/EEA average in the period from Q2 2014 – Q1 2016,

(Figures 1 and 2).

9. Ireland’s average price for making calls to the rest of the world (while outside the

EU/EEA) has been lower than the EU/EEA average over all of the reported

periods up to Q2 2015 and Ireland’s average price was slightly more expensive

than the EU/EEA average for Q3 2015 and Q4 2015, but Ireland’s average price

was noticeably more expensive in Q1 2016 (Figure 3). However, Ireland’s

average price for calls received from rest of the world (while outside the EU/EEA)

continued to decrease, from a high in Q4 2014, until Q4 2015. It increased again

above the EU/EEA average for calls received in Q1 2016, (Figure 4).

10. The surcharge for Ireland’s billed prices for retail “Eurotariff7” calls made has

decreased slightly (from a high of 11.6% in Q2 2015 to 11.0% in Q3 2015) before

decreasing substantially for the period of this report but it remains above the

EU/EEA average (5.5% in Q1 2016), (Figure 10). This is a reflection of the billing

practice provided for by the Regulation for calls made.8 The fluctuation is

attributed to the volume of calls made with duration of less than 30 seconds.

6 All retail prices reflect the charges applied to Irish consumers while using roaming services. 7 This is any tariff not exceeding the maximum charge provided for in Article 8 of the Roaming Regulation (Retail charges for regulated roaming calls), which a roaming provider may levy for the provision of regulated roaming calls. 8 Article 8 of the Regulation refers. While the Regulation allows for per second billing for calls received, an initial 30 seconds charge is incurred for calls made irrespective of duration. Per second billing applies thereafter for calls made. Data received from Irish operators indicates that a substantial number of calls made with their networks are less than 30 seconds which, compared to the EU/EEA average, results in a higher disparity between the prices that one would pay for actual calls compared to their billed calls.


Page 5 of 16

Text Messages (SMS)

11. The average retail price, during the reported period, for sending a text message

was slightly above the EU/EEA average price for the period of this report but it is

below the regulated cap of 6 cents, (Figure 5).

Data

12. Following the reduction of the regulated price cap in July 2013 to 45 cents and

the further reduction of the regulated price cap in July 2014 to 20 cents, Ireland’s

average Eurotariff retail data prices (€0.03 in Q4 2015 and Q1 2016) remain lower

than the EU/EEA average (€0.05 in Q1 2016), (Figure 6).

13. Volumes of retail data traffic have grown strongly over the reported periods.

Volumes for Ireland increased by 66% from Q1 2015 to Q1 2016, (Figure 12).

14. Ireland’s average aggregate wholesale price per MB of data among non-group

companies remains below the regulated price cap of 5 cents and was slightly

below the EU/EEA average for the period of this report, (Figure 9).


Page 6 of 16

3. Analysis of Irish Data

Note: All prices displayed exclude VAT and are rounded to two decimal places.

Figure 1

Ireland’s “Eurotariff” for calls made continue to remain below the regulated tariff. However, these prices

are above the EU/EEA average since Q2 2014.

Figure 2

Ireland’s “Eurotariff” for calls received are below the regulated tariff and the EU/EEA average price. This

is, in part, a reflection of favourable price tariffs in some of these countries.

€0

.21

€0

.18

€0

.17

€0

.15

€0

.16

€0

.16

€0

.15

€0

.14

€0

.20

€0

.16

€0

.14

€0

.13

€0

.14

€0

.13

€0

.12

€0

.11

€0.00

€0.05

€0.10

€0.15

€0.20

€0.25

€0.30

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

EU/EEA Eurotariff Average Retail Price Per Minute of Voice Calls Made (Pre and Bill Pay) - Billed Minutes

Ireland EU/EEA Average

Eurotariff ceiling price: Calls made1 July 2013 - 24c1 July 2014 - 19c

€0

.02

€0

.02

€0

.02

€0

.02

€0

.02

€0

.02

€0

.02

€0

.02

€0

.05

€0

.04

€0

.04

€0

.03

€0

.03

€0

.03

€0

.03

€0

.03

€0.00

€0.01

€0.02

€0.03

€0.04

€0.05

€0.06

€0.07

€0.08

€0.09

€0.10

Q2 2014Q3 2014Q4 2014Q1 2015Q2 2015Q3 2015Q4 2015Q1 2016

EU/EEA Eurotariff Average Retail Price Per Minute of Voice Calls Received (Pre and Bill Pay) - Billed Minutes

Ireland EU/EEA Average Eurotariff ceiling price: Calls received1 July 2013 - 7c1 July 2014 - 5c


Page 7 of 16

Figure 3

Ireland’s average price for making calls outside the EU/EEA (ROW) was marginally more expensive than

the EU/EEA average to ROW in Q4 2015 but was noticeably more expensive (+42%) in Q1 2016. ComReg

notes that the difference between Ireland and EU average prices in Q1 2016 is principally due to the

decrease in EU average price as a result of Switzerland not being included for Q1 2016 in the EU average.

Figure 4

Ireland’s average price for receiving a call from outside of the EU/EEA has continued to decrease from a

peak in Q4 2014 but is above the EU/EEA average for all reported periods except Q4 2015. However, Q1

2016 prices in Ireland increased again and were 36% more expensive than the EU/EEA average. ComReg

notes that the difference between Ireland and EU average prices in Q1 2016 is principally due to the

decrease in EU average prices as a result of Switzerland not being included for Q1 2016 in the EU average.

€1

.09

€0

.90

€0

.95

€1

.00

€0

.91

€0

.88

€0

.92

€0

.98

€1

.12

€1

.03

€1

.14

€1

.10

€1

.00

€0

.87

€0

.91

€0

.69

€0.00

€0.20

€0.40

€0.60

€0.80

€1.00

€1.20

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

Rest of World Average Retail Price Per Minute of Voice Calls Made (Pre and Bill Pay) - Billed Minutes

Ireland EU/EEA Average€

0.5

5

€0

.45

€0

.57

€0

.54

€0

.44

€0

.42

€0

.39

€0

.46

€0

.43

€0

.37

€0

.47

€0

.49

€0

.42

€0

.34

€0

.40

€0

.34

€0.00

€0.10

€0.20

€0.30

€0.40

€0.50

€0.60

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

Rest of World Average Retail Price Per Minute of Voice Calls Received (Pre and Bill Pay) - Billed Minutes



Page 8 of 16

Figure 5

Ireland’s average price for sending a Eurotariff text message has remained below the regulated cap of 6

cents and was slightly above the EU/EEA average for the period of this report.

Figure 6

Following the introduction of a regulated price cap in July 2012 and the subsequent reductions of the cap

in July 2013 and in July 2014, the average retail price per MB of data has declined significantly in both

Ireland and the EU/EEA. Ireland’s price of €0.03 cents for Q4 2015 and Q1 2016 is below the EU/EEA

average and the regulated cap of 20 cents.

€0

.07

€0

.06

€0

.05

€0

.05

€0

.05

€0

.05

€0

.05

€0

.05

€0

.07

€0

.05

€0

.06

€0

.05

€0

.05

€0

.05

€0

.05

€0

.05

€0.00

€0.01

€0.02

€0.03

€0.04

€0.05

€0.06

€0.07

€0.08

€0.09

€0.10

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

EU/EEA Average Retail Price Per Euro-SMS

Ireland EU/EEA Average Euro-SMS ceiling price:1 July 2013 - 8c1 July 2014 - 6c

€0

.07

€0

.05

€0

.03

€0

.03

€0

.03

€0

.04

€0

.03

€0

.03

€0

.13

€0

.09

€0

.05

€0

.05

€0

.06

€0

.06

€0

.05

€0

.05

€0.00

€0.05

€0.10

€0.15

€0.20

€0.25

€0.30

€0.35

€0.40

€0.45

€0.50

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

EU/EEA Eurotariff Average Retail Price Per MB of Data (Pre and Bill Pay)


Eurotariff ceiling price:1 July 2013 - 45c1 July 2014 - 20c


Page 9 of 16

Figure 7

Ireland’s average wholesale price per call made, has decreased in Q4 2015 and was on a par with the

EU/EEA average in Q1 2016.

Figure 8

Ireland’s wholesale price per SMS has largely remained at the same level over all of the reported periods

until it decreased in Q3 2015. However, it was on a par with the EU/EEA average for Q4 2015 and Q1 2016.

A regulated cap of 4 cents was introduced as of the 1st of July 2009 and was lowered to 2 cents in July

2013.

€0

.08

€0

.05

€0

.05

€0

.04

€0

.04

€0

.04

€0

.03

€0

.03

€0

.06

€0

.05

€0

.05

€0

.04

€0

.04

€0

.04

€0

.04

€0

.03

€0.00

€0.02

€0.04

€0.06

€0.08

€0.10

€0.12

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

EU/EEA Average Wholesale Price Per Minute Voice Call (Non-Group Companies)

Ireland EU/EEA AverageEurotariff ceiling price:1 July 2013 - 10c1 July 2014 - 5c

€0

.02

€0

.02

€0

.02

€0

.02

0.0

15

0.0

13

0.0

13

0.0

11

€0

.02

€0

.02

€0

.02

€0

.01

0.0

13

0.0

12

0.0

13

0.0

11

€0.00

€0.01

€0.02

€0.03

Q2 2014Q3 2014Q4 2014Q1 2015Q2 2015Q3 2015Q4 2015Q1 2016

EU/EEA Average Wholesale Price Per SMS (Non-Group Companies)

Ireland EU/EEA AverageSMS ceiling price:

1 July 2013 - 2c


Page 10 of 16

Figure 9

Following the introduction of a regulated price cap in July 2009, the average price per MB of data among

Irish mobile operators has declined significantly. Ireland’s average price per MB of data was on par with

the EU/EEA average as of Q1 2016.

Figure 109

This chart shows the retail price percentage deviation arising from operator billing on a per minute basis

as opposed to the price which would be incurred if billed on a per second basis (actual usage). The Irish

percentage deviation for calls made decreased significantly for Q4 2015 and Q1 2016 but it remains above

the EU/EEA average. This is a reflection of the billing practice provided for by the Regulation for calls

made, as Irish operator data suggests a substantial proportion of Eurotariff calls made are under the 30

seconds initial call charge. Per second billing applies thereafter.

9 Regulation (EU) 2015/2120 was published in the OJEU on 26 November 2015 amending Roaming Regulation (EU) 531/2012 to effect the abolition of retail roaming surcharges from June 2017 subject to certain criteria being adopted in the interim.

€0

.13

€0

.05

€0

.03

€0

.01

€0

.02

€0

.02

€0

.02

€0

.01

€0

.04

€0

.03

€0

.03

€0

.02

€0

.02

€0

.02

€0

.02

€0

.01

€0.00

€0.02

€0.04

€0.06

€0.08

€0.10

€0.12

€0.14

€0.16

€0.18

€0.20

Q2 2014Q3 2014Q4 2014Q1 2015Q2 2015Q3 2015Q4 2015Q1 2016

EU/EEA Average Wholesale Price Per MB of Data (Non-Group Companies)


Eurotariff ceiling price:1 July 2013 - 15c1 July 2014 - 5c

10.9

%

10.6

%

10.8

%

11.1

%

11.6

%

11.0

%

7.6

%

7.6

%

6.8

%

5.9

%

5.8

%

5.1

%

5.5

%

5.6

%

5.3

%

5.5

%

0%

2%

4%

6%

8%

10%

12%

14%

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

Surcharge as a result of billed minutes for voice calls made for all consumers: Retail Eurotariff

Ireland EU/EEA AverageBilling Unitisation was introduced from 1 July 2009


Page 11 of 16

Figure 1110

This chart is similar to figure 10 but reflects pricing disparities at a wholesale level. For Ireland, the

surcharge has decreased dramatically and is significantly below the EU/EEA average from Q3 2015 and for

the periods of this report.

Figure 12

The volume of retail data on Irish mobile networks has been growing strongly over the reported periods.

Retail data volumes increased by 66% in Ireland comparing Q1 2015 to Q1 2016.

10 Regulation (EU) 2015/2120 was published in the OJEU on 26 November 2015 amending Roaming Regulation (EU) 531/2012 to effect the abolition of retail roaming surcharges from June 2017 subject to certain criteria being adopted in the interim.

5.9

%

4.4

%

4.2

%

4.1

%

3.1

%

0.6

%

0.4

%

0.4

%

4.3

% 4.3

%

3.6

%

3.4

%

3.7

%

4.0

%

3.3

%

3.5

%

0%

1%

2%

3%

4%

5%

6%

7%

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016

Surcharge as a result of billed minutes for wholesale voice calls (Non-Group Companies)


249 313 655 715869

1,717

3,073

5,087

183 241 375 648

1,2192,249

7,222

15,343

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

Q12008

Q12009

Q12010

Q12011

Q12012

Q12013

Q12014

Q12015

Q12016

Indexed Volumes of Retail Data (Q3 2008 = 100)

Ireland EU/EEA Total


Page 12 of 16

4. EU Regulatory Requirements

Requirements 2007-2012

Note: All prices are quoted excluding VAT

Requirements

by all mobile

operators

30 Aug

2007

30 Aug

2008

1 July

2009

1 July

2010

1 July

2011

“Eurotariff”

retail limit for

voice calls made

0.49

0.46

0.43

0.39

0.35

Per second billing applies with the option to apply a

30 second minimum charge for calls made.

“Eurotariff”

retail limit for

voice calls

received

0.24

0.22

0.19

0.15

0.11

Calls received are charged on a per second basis.

Wholesale limit

for voice calls

made

0.30

0.28

0.26

0.22

0.18

Pricing

transparency

Mobile operators to send a

free SMS to their consumers

with pricing details for

making and receiving a call

when roaming in the EU.

From 1 July 2009 the free pricing transparency SMS

will include pricing details for SMS, MMS and Data.

The SMS will also include information on how to

receive more detailed pricing information and

information on the European emergency number

112.

“Eurotariff” SMS

retail price limit

N/A

N/A

0.11

0.11

0.11

“Eurotariff” SMS

wholesale price

limit

N/A

N/A

0.04

0.04

0.04


Page 13 of 16

Requirements

by all mobile

operators

30 Aug

2007

30 Aug

2008

1 July

2009

1 July

2010

1 July

2011

Wholesale data

price limit (per

megabyte)

N/A

N/A

€1.00

0.80

0.50

Data bill shock

measures

N/A N/A N/A 1 March

2010

Ability for

consumers

to opt in to

€50.00 (ex

VAT) data

roaming

limit.

From 1 July 2010

Automatic opt in for

all consumers to

€50.00 (ex VAT)

data roaming limit.

Consumers can

choose an

alternative limit or

no limit.

Consumers will receive a warning

message when they are near to

reaching their roaming limit set for

their account. Customers cannot

use any more data when their limit

has been reached unless they give

their consent to continue data

roaming.

Voicemail

N/A

N/A

N/A

No charge to consumer to receive a

voicemail message.

Requirements 2012-2014

Main Provisions of Roaming Regulation III

Voice Calls

Wholesale price caps

The glide path will end in 2014 and the cost will remain at 0.05 cent until 30 June 2022.

Wholesale voice caps (cent per min excluding VAT)

20/8/07 30/8/09 1/7/09 1/7/10 1/7/11 1/7/12 1/7/13 1/7/14

30c 28c 26c 22c 18c 14c 10c 5c


Page 14 of 16

Retail price caps

Per second billing applies; operators may charge a 30 second minimum set-up-fee. The

glide path will end in 2014 and the cost will remain at 0.19 cent and 0.05 cent until 30

June 2017.

Retail voice caps (cent per min excluding VAT)

20/8/07 30/8/08 1/7/09 1/7/10 1/7/11 1/7/12 1/7/13 1/7/14

Calls made

49c 46c 43c 39c 35c 29c 24c 19c

Calls received

24c 22c 19c 15c 11c 8c 7c 5c

SMS



Retail price caps


Data



Retail price caps


Wholesale SMS caps (Cent per min excluding VAT)

1/7/09 1/7/10 1/7/11 1/7/12 1/7/13

4c 4c 4c 3c 2c

Retail SMS caps (cent per SMS excluding VAT)

1/7/09 1/7/10 1/7/11 1/7/12 1/7/13 1/7/14

11c 11c 11c 9c 8c 6c

Wholesale data caps (cent per MB excluding VAT)

1/7/09 1/7/10 1/7/11 1/7/12 1/7/13 1/7/14

€1.00 80c 50c 25c 15c 5c

Retail data caps (cent per MB excluding VAT)

1/7/12 1/7/13 1/7/14

70c 45c 20c


Page 15 of 16

More transparency of roaming charges for consumers

Consumers to receive an SMS, pop-up window, etc when they are crossing

borders within the EU and outside the EU to inform them of the price they are

expected to pay for making and receiving calls, for sending an SMS and for using

mobile internet. Blind consumers to automatically receive the transparency

message by voice call, free of charge, if requested. In addition a freephone

number for additional information when roaming must be provided and the 112

emergency access number must also be provided in the EU message.

Measures to counter data roaming bill shocks

As of 1 July 2012, travellers' data-roaming limit will be automatically set at €50.00

(excluding VAT) when they travel outside the EU (unless they have chosen

another limit – higher or lower or opted out of the limit). The data roaming limit

within the EU has been in place since 1 July 2009. Roaming providers shall send

a notification to the roaming customer’s mobile device when the data-roaming

limit has been reached. The notification shall provide information with respect to

the procedure to be followed should the customer wish to continue data roaming

and the costs associated with each additional unit to be consumed.

Other measures

Roaming providers to make information available on how to avoid inadvertent

roaming. Reasonable steps to be taken by operators to protect their consumers

from paying roaming charges while situated in their member state.

Roaming providers shall inform their customers, of the risk of automatic and

uncontrolled data roaming connection and download. Roaming providers to

provide information to their customers on how to switch off these automatic data

roaming connections in order to avoid uncontrolled consumption of data roaming

services.

Structural Measures

Structural measures will be implemented to allow consumers to contract for

roaming services with an alternative provider from 1 July 2014.


Page 16 of 16

5. Legal Basis

15. Regulation (EU) No 531/2012 of the European Parliament and of the Council of

13 June 2012 repealed Regulation (EC) No. 717/2007 (as amended by

Regulation (EC) No. 544/2009) with effect from 1 July 2012.

16. Regulation (EC) No. 717/2007 as amended by Regulation (EC) No. 544/2009 is

an EC Regulation. Accordingly, its requirements are directly applicable in all

Member States. In Ireland, ComReg is designated as the national supervisory

and enforcement body for the purposes of Regulation (EC) No. 717/2007 (as

amended).

17. The Communications (Mobile Telephone Roaming) Regulations 2013, S.I. No.

228 of 2013, designated the Commission for Communications Regulation

(“ComReg”) as the national regulatory authority to carry out the functions referred

to in Article 16 of the Mobile Phone Roaming Regulation (Regulation (EU) No

531/2012).

18. Article 7 of Regulation (EC) No 717/2007 requires NRAs to monitor developments

in charges and to report to the European Commission every six months. Article

7(2) requires NRAs to make up-to-date information on the application of

Regulation (EC) No 717/2007 publicly available. This Information Notice is

published for this purpose.

Documents

Implementation of EU Roaming Regulation by Irish Mobile ... · 1 Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012. 2 BoR (13) 15 - BEREC Guidelines