22.03.2018

”Following a series of complaints received from the users, ANCOM investigated how operators apply the European Roam like at home regulation in Romania. The control actions revealed deficiencies in this regard, therefore the Authority required the providers of electronic communications services to remedy the identified problems within certain timeframes and applied fines amounting to RON 180,000", said Sorin Grindeanu, president of ANCOM.

Investigation on amending the terms of use for roaming services

Given that many of the notifications received came from prepaid card users, ANCOM has conducted an investigation into how they were informed about the amendment of the terms under which their operator – Vodafone – provided roaming services in the European Economic Area (EEA) after the entry into force of the European Roam like at home regulation. The investigation reveals that Vodafone has amended the terms under which prepaid card users can benefit from roaming, launching new offers on the market (with or without access to this service) without fully and accurately informing such users on the fact that, after 15 June 2017, the use/activation of the roaming service is bound to the purchase of certain add-ons or to the deactivation of their domestic add-on.

I. e. Vodafone has not notified its users that it amended not only the features of the tariff plan (add-ons) they had benefitted from before the entry into force of the Regulation, but also the contractual clauses (the General Terms and Conditions for the use of prepaid services) regarding the terms for the provision of the roaming service. Thus, the operator has not informed the users on the fact that this service could not be used unless they purchased an add-on for access to the roaming service nor on the fact that it could not be used if the subscriber had an add-on providing benefits exclusively while in the country.

The assessed breaches were sanctioned by fine amounting to RON 30,000, the operator remedying the identified problems before the expiry of the 90-day term.  

Investigation on applying the fair use policy for roaming services

As a result of the large number of users' complaints regarding the terms of use for roaming services, ANCOM has verified the providers’ informing the subscribers on the existence of a fair use policy or, in the case of RCS & RDS - on applying authorized surcharges.

The investigations revealed that two operators, Orange and Vodafone, applied their users a fair use policy without stipulating it in the subscription contracts, respectively in the General Terms and Conditions of use, in the case of prepaid card owners.

Thus, ANCOM fined Orange and Vodafone RON 50,000 each for failure to stipulate the fair use policy in the contracts concluded with the users of subscription-based mobile services. Vodafone was also sanctioned with a fine of RON 50,000 for not introducing the fair use policy in the General Terms and Conditions of use for prepaid cards.

Control actions on telephony providers

From the beginning of 2017, ANCOM has carried out 114 control actions on the providers of telephony services. The Authority has thus issued 46 notifications and applied 29 warnings and 19 fines amounting to RON 480,000. Apart from the deficiencies found in implementing Roam like at home, further frequently assessed problems concerned number portability, in this regard ANCOM applying fines amounting to RON 285,000.

About Roam like at home

In order to prevent abusive or abnormal use of roaming in the EU/EEA, i.e. for purposes other than occasional travels outside Romania (e.g. the permanent use of roaming services in the EU/EEA), a supplier may define a fair use policy for this service. The fair use terms for roaming services in the EU/EEA must be described in detail in the contracts between suppliers and customers.

European regulations neither oblige operators to provide roaming services nor do they prohibit tariff plans that include only domestic resources (tariff plans without access to roaming). It is also possible for operators to unilaterally amend the contractual terms as on how prepaid card users can benefit from the roaming service, provided they are notified of the changes to be made, in accordance with the legislation in force.

More information about Roam like at home is published in the section devoted to this topic, on the ANCOM website www.ancom.org.ro.