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-864235 -144145 0 0 ASUTUSESISESEKS KASUTAMISEKS Märge tehtud: 15.09.2015 Kehtib kuni: 10.11.2024 Alus: AvTS §35 lg 1 p 17 Teabevaldaja: Tehnilise Järelevalve Amet sideettevõtjad Meie 16.09.15 nr 22-1/ 14-1408-010 kiri Rahvusvahelise rändlusteenuse aruanne Austatud sideettevõtjad 30.06.2015 jõuti Euroopa Parlamendi ja Nõukogu poolt kokkuleppele Telecoms Single Market määruse kavandi teksti osas. Vastuvõtmise protsess jätkub ja määruse vastuvõtmist oodatakse 2015 sügisel. Nimetatud määruse kavandi eesmärgiks on Euroopa Komisjoni poolt teostatav hulgitasandi rändlusteenuse hinna analüüs Euroopa Liidus, mille tulemusel oleks võimalik hinnata vajalikke meetmeid,võimaldamaks tühistada jaetaseme rändlusteenuse ülekoormav juurdehindlus alates 2017. aasta juunist. Euroopa Komisjoni eesmärgid ja läbiviidavad toimingud on põhjalikumalt välja toodud lisas nr 3. ( Roberto Viola , DG Connect peadirektori kiri). Manuses oleva te rändlusteenuse näitaja te küsimustik e andmekogumise perioodiks on 1. jaanuar 2013. kuni 3 0 . juuni 201 5 . ning alates 1. juuli 2015 kuni 31. detsember 2016 . lisada samade andmete kohta prognoos. Võttes arvesse elektroonilise side seaduse (edaspidi ESS) § 148 lg 1 ja 4, palume Teil esitada kirja manuses toodud küsimustik täidetul kujul TJA hiljemalt 02 .10.201 5 meiliaadressil [email protected] . Sideettevõtjate poolt esitatud andmeid kasutab TJA rändlusteenuse järelevalve teostamiseks . Vastavalt ESS § 148 lg 5 ja haldusmenetluse seaduse § 7 lg 3 on TJA kohustus hoida ärisaladust ning kasutada konfidentsiaalsena esitatud teavet üksnes teenistusülesannete täitmiseks. Palume kirja kättesaamise st teavitada hiljemalt 18. septembril 2015 meiliaadressi l [email protected] . Lugupidamisega (allkirjastatud digitaalselt) Rivo Mets Sideturu osakonna juhataja Lisa d : 1) Questionnaire on roaming market and regulation in the EEA area 2) Quantitative questionnaire on roaming market and regulation in the EEA area 3) European Comission to the CEOs of operators Koopia: Diana Fenenko 667 2135 [email protected] Questionnaire on roaming market and regulation in the EEA area Introduction European policy makers have reached an agreement on the ‘Connected Continent’ Regulation proposal of the Commission (COM(2013)627) (hereinafter ‘the agreed text’) to abolish retail roaming surcharges from 15 June 2017 for customers of EU mobile operators periodically travelling within the EU. According to the agreed text (Article 19(1)) the Commission shall initiate a review of the wholesale roaming market with a view to assessing measures necessary to enable abolition of retail roaming surcharges by the above date. The purpose of the present questionnaire requested by the Commission to BEREC is to inform the Commission's review of the wholesale roaming market as described in the attached letter . The information gathered through the questionnaire will also assist BEREC’s work on its own report on the wholesale roaming markets, planned fo r publication in February/March 2016 . In addition, pursuant to Article 6b of the agreed text, roaming providers may apply a “ F air U se P olicy” (hereinafter 'FUP') in the context of the abolition of roaming surcharges. In order to ensure consistent application of FUP, the Commission will adopt, by means of implementing acts, detailed rules on the application of FUP. For these purposes, t he present questionnaire also includes questions related to any FUP that may already be applied by operators in various contexts. In this context, the BEREC International Roaming Expert Working Group (hereinafter 'the EWG') has prepared quantitative (in Excel format) and qualitative questionnaires for both operators and NRAs to support the information request from the Commission. The information requested will be used to: support the estimati o n of the costs of wholesale roaming service s (see section (iv) of this word questionnaire and sheet “ wholesale r oaming cost” in the Excel file ) ; analys e the state of competition in the wholesale roaming market (see sections (i), (ii) and (iii) of this word questionnaire and sheets “wholesale payment and revenues”, “wholesale volume” and “balanced-unbalanced traffic” in the Excel file) ; assess fair use of roaming services both at the retail and wholesale level ( see sections (v) and (vi) of this word questionnaire and sheets “retail data consumption”, “retail roaming costs” and “RLAH . offers” in the Excel file ) . Please reply to these questions in the same Excel file and Word document. The EWG and BEREC Office will not publish data or analysis at an operator level but BEREC will forward the information received in response to the q uestionnaire to the Commission. However, no direct reference to the identity of the operator (name of the operator/tariff plans and packages containing a specific operator name etc.) will be disclosed . Should you have any questions for the EWG about the request or the questionnaire, please send your questions to your NRA . Please submit the requested inputs (questionnaires W ord and Excel) to the NRA by 2 October 2015 at the latest . Assessment o f current wholesale roaming agreement structures and tariffs BEREC and the EC would like to learn more a bout the structure and prices of wholesale roaming agreements between operators as well as the situation of light MVNOs . Questions for MNOs and full-MVNOs Question SEQ Question \* ARABIC 1 : Do you negotiate wholesale roaming agreements individually or are you part of a group which negotiate s all roaming wholesale agreements on your behalf ? If you are part of a group , i n which case s, if any, do you negotiate wholesale agreements individually? Question SEQ Question \* ARABIC 2 : What type(s) of agreements have you entered into for 2015 (e.g. direct agreements with a visited network, use of an international hub , IMSI sponsor or resale access agreement ) ? Please describe briefly : (i ) t he characteristics of the agreement and the rationale for your choice. (ii) any discount applied for 2015 compared to the current wholesale caps (iii ) the conditions that are attached to (any) such discounts Question 3: In case you provide wholesale resale access services to full or light MVNOs, please provide information of all services covered by the agreed price (customer provision, dual IMSI platform, etc.) as well as the per unit cost of each service. Question SEQ Question \* ARABIC 3 : Do you sign agreements with either (i) one or (ii) more than one or (iii) all operators in every EU/EEA country? Please explain the rationale for your answer . Question SEQ Question \* ARABIC 4 : What is the typical duration of your wholesale roaming agreements? Please explain the reason for the chosen duration for your wholesale roaming agreements. Question SEQ Question \* ARABIC 5 : In general do you sign (i) bilateral agreement s; or (ii) one-way roaming agreements ; or (iii) both types of agreements ? Please explain the circumstances that determine the type of agreement you sign . If you are party to both bilateral agreements and one-way roaming agreements, please indicate whether you obtain lower prices /rates when signing (i) bilateral agreements ; or (ii) one-way agreements; or (iii) whether they are at the same prices . Question SEQ Question \* ARABIC 6 : Plea se summarize the pricing policies of wholesale roaming agreements you have entered into . Do you apply /pay different wholesale roaming charges for balanced vs unbalanced traffic? Is the agreement based on volu me/tiered pricing for wholesale roaming charges or a single roaming charge independent of roaming volumes ? P lease explain the rationale for your choice of a particular price structure, if applicable. Question SEQ Question \* ARABIC 7 : Ha s there been any change in the structure of your wholesale roaming agreement s in 2015 compared to previous years, in particular, with operators which a large amount of data roaming traffic? For example, do the 2015 volume/price commitments include data volume or a bundle of units mixing voice, SMS and data? Question SEQ Question \* ARABIC 8 : If you own a network in more than one EU/EEA country, what is the pricing policy followed? I n particular, do you carry out internal transfer pricing between your different subsidiaries or, instead, do you opt for a “bill and keep” or “ zero pricing ” policy? Question SEQ Question \* ARABIC 9 : In the case that you apply internal transfer pricing between subsidiaries of your group , are the structure and tariffs of your intra-group wholesale roaming agreements (i) different or (ii) the same as the agreements with operators outside of your group ? Please explain briefly how the intra-group and external agreements differ. Question SEQ Question \* ARABIC 10 : Do you include any consumption limit s in your wholesale roaming agreements ? I f so, please describe any such limit(s) and explain the reasons for the ir inclusion (e.g. to discourage permanent roaming, t o t ake account of the difference of MTR or value added services). Question SEQ Question \* ARABIC 11 : Do you sign a separate agreement or have specific clauses with different conditions and prices for “machine to machine communication ” services (e.g. avoiding permanent roaming) ? In case you offer different conditions ( e.g. possibility of permanent roaming , special discounts, etc.), do these contracts have any exclusivity clause by which your network is defined as the only p ossible visited network? Questions for MVNOs Question SEQ Question \* ARABIC 12 : Please describe your wholesale access agreements with your host MNO specifying all the services covered by the host MNO , in particular, do they also include the wholesale roaming agreements reached by the host MNO with other MNOs in EU/EEA countries ? Do you r wholesale roaming agreements benefit from any discount compared to the current wholesale roaming caps? Question SEQ Question \* ARABIC 13 : Are roaming tariffs one of your main discussion points when you negotiate a wholesale acce ss agreement with your host MNO ? If not, why? Current and future wholesale competition situation Questions for MNOs and full-MVNOs Question SEQ Question \* ARABIC 14 : Did you en counter any issues which you would like to raise concerning the functioning of the wholesale roaming markets in the EU/EEA ? Please describe briefly the issue and include, if applicable, your views on how the issue could be solved. Question SEQ Question \* ARABIC 15 : Do you face any obstacles when negotiating agreements for outbound wholesale roaming traffic to get tariffs that you consider would be sufficiently good to implement RLAH in a sustainable way? Could you please describe th ese obstacles, your view on the reasons for these obstacle s , and the countries involved? Question SEQ Question \* ARABIC 16 : For operators with a smaller footprint in Europe ( i.e. present in one or a few EU/EEA countries ): in your view, how does your size a nd time of market entry impact on your ability to obtain attractive wholesale roaming agreements? Please explain your views on how the problems in this area could be solved . Question SEQ Question \* ARABIC 17 : Do you expec t any change in the structure of your wholesale roaming agreement in 2016 or later ? For example, in terms of t ariff per SIM, data service s based on a Mb/second pricing, a fix ed charge independent of volume , etc. Question SEQ Question \* ARABIC 18 : Are there any particular demand and/or supply side market and technology developments that in your view may have an impact on the international roaming market and wholesale competition situation in the future ? If so, please describe these developments, as well as your views on how they may impact the roaming markets and potential solutions for any problems arising from these developments. Questions for MVNO Question SEQ Question \* ARABIC 19 : Do you consider that the current agreement with your host MNO allows for a suitable implementation of RLAH? If not, please explain why. Have you got any indications from your host MNO about possible changes to your wholesale roaming agreement s in the EEA to accommodate the potential changes brought by the future implementation of RLAH ? If so, please describe briefly these potential changes and indicate whether in your view they will be sufficient to allow you a swift implementation of RLAH. Question SEQ Question \* ARABIC 20 : Do you consider a need for any other measures to make RLAH offers sustainable an d how could this be implemented ? Future wholesale tariff regulation Question SEQ Question \* ARABIC 21 : Do you consider th at wholesale roaming tariff regulation by means of maximum caps per unit is likely to be sufficient for the implementation of the RLAH obligation in accordance with the agreed TSM text ? W hat other regulatory measures at the wholesale level, do you think would be appropriate to introduce to allow for the implementation of the RLAH obligation , if any ? Please provide details . Question SEQ Question \* ARABIC 22 : Would you favour a fair use policy at the wholesale level aimed at ensuring that RLAH at the retail level was sustainable and if so how should it be implemented? Question SEQ Question \* ARABIC 23 : Do you consider that a fair use policy at the wholesale level linked to different wholesale charge caps would be consistent with sustainable RLAH-pricing at the retail level? To put it differently, do you think it makes sense to have different wholesale caps for different usages, i.e. one cap for the use within the fair use limits and another one for the use outside of the limit? Question SEQ Question \* ARABIC 24 : What is your view of the possible risks of distortion of competition and/or investment incentives in home and/or visited markets from intervention at the wholesale market to allow RLAH? Please explain any risks you foresee and the wholesale market intervention that could trigger the risk(s) you identify . Specific wholesale roaming costs In relation to international roaming inside EEA , the EC has requested to estimate the wholesale costs of regulated voice, SMS and data services. In that context, BEREC would like to get more information on specific costs of the roaming service . Question SEQ Question \* ARABIC 25 : W e would like to understand the characteristics of the costs of international roaming services, a s well as their level. For this purpose, p lease indicate in the table in the Excel sheet “wholesale roaming cost” for each category of roaming cost (i) the cost type; (ii) the characteristics of the cost type; (iii) the level of cost in 2014 in capex or opex ; (iv) the share (%) of cost at tributed to roaming services as home and visited network ; and (v) the justification for the cost allocation between home and visited network for these services . If we have missed costs relevant to international roaming services in the table in the Exce l file , please include them . In particular, are there specific costs related to investments made in order to accommodate seasonal traffic variations derived from increased roaming demand? Question SEQ Question \* ARABIC 26 : W hat are the transit costs for 2015 and expected costs for 2016 (per minute, SMS and MB) , if any ? Please, split the transit cost from the termination cost . Assessment of retail roaming fair use The EU-legislators have conferred the EC with implementing powers on FUPs . Based on the letter from the EC to BEREC , we seek the following information : Current RLAH offers and FUP s According to the agreed text , roaming provider s may apply in future a FUP to the consumption of regulated retail roaming serv ices provided at the applicable domestic retail price level, in order to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as use of such services by roaming customers in another Member State than that of his domestic provider for purposes other than periodic travel. According to the same text, any FUP shall enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applic able domestic retail price that are consistent with their respective tariff plans. For the two next questions, please provide detail s in the Excel sheet “RLAH offers” Question SEQ Question \* ARABIC 27 : Do you currently offer or are you intend ing to offer RLAH tariff plans as defined by the agreed text or other tariffs similar to RLAH, e.g. roaming consumption included in the domestic plan for an extra daily, weekly or monthly fee ? If yes, please give a short description of each offer (domestic and roaming volumes offered and tariff of the plan) and of their uptake by roaming customers of the operator (e.g. share of roaming customers using these offers, share of retail roaming revenues from these offers ) . Question SEQ Question \* ARABIC 28 : Please describe any FUP you apply (if applicable) for outbound roaming services (e.g. any limitation on roaming offers in terms of, for example, volumes, number of days allowed to roam over a certain period, total charges, geographic scope , etc.). P lease specify for each type of offer the associated usage limit and the justification for each limit. Please indicate if you typically apply different FUP s for RLAH-type offers than for other than those you apply for roaming offers. If different , please explain why. Question SEQ Question \* ARABIC 29 : In case you provide RLAH -type of offers, please provide any data you may hold on the observed impact on demand for roaming voice, SMS and data services , of subscribers to these RLAH -type of offers referred above (i.e. change in roaming traffic of these subscribers before and after subscribing to these offers over a defined time period ). Question SEQ Question \* ARABIC 30 : Please give a short description of the most common FUP s you apply to your domestic retail tariff plans (e.g. any usage limit (s) you apply to domestic retail tariff plans ) and the justification for th ese policies . Relevant FUPs due to introduction of RLAH Question SEQ Question \* ARABIC 31 : In your view, are FUPs necessary to ensure that the implementation of the RLAH obligation is sustainable in the long term? If so, please explain why. Question SEQ Question \* ARABIC 32 : As you may be aware, the “agreed text ” defines FUPs in relation to "periodic travel within the EU". In your view, how should "periodic travel within the EU"? Question SEQ Question \* ARABIC 33 : The limits to usage within FUPs can be set with reference to different variables, for example, (i) the number of days in a calendar year or in a month , (ii) the volumes in a calendar year or in a month , (iii) a combination of number of days and volume or (iv) other variable(s) . In your view: a) What would be the best FUP for roaming services? If relevant, please distinguish between different types of offers (e.g. pre-paid, post-paid, etc.) and types of services (voice, SMS, data). Please provide the justification for your preferred FUP in each case. b) Would there be any technical difficulties or restrictions associated with your preferred FUP in each case ? Question SEQ Question \* ARABIC 34 : In the case of limits based on the number of days in a calendar year or in a month, please indicate: a) whether you consider this type of FUP to be appropriate. Please explain why. b) the number of days that you would consider most appropriate if this method were chosen. Please distinguish between different types of offers and services, if relevant. c) whether you envisage there would be any technical difficulties or restrictions linked to the adoption of such policy. Question SEQ Question \* ARABIC 35 : In the case of limit s based on the volume in a calendar year or in a month, please indicate: a) whether you consider this FUP appropriate. Please explain why. b) the volumes that you would consider most appropriate if this method was chosen. Please distinguish between different types of offers and services, if relevant. c) whether you envisage there would be any technical difficulties or restrictions linked to the adoption of such policy. Current retail competition situation and sustainability of the abolition of retail roaming surcharges BEREC would like to better understand the retail costs specific to roaming offers . In addition, Article 6b bis of the agreed text provides for the authorization of surcharges with a view to ensuring the sustainability of the domestic charging model. For this purpose BEREC seeks information on the future estimate of the domestic and international roaming markets as well. Question SEQ Question \* ARABIC 36 : In your view, how should the sustainability of RLAH be defined? In particular, please specify the criteria that should be met to consider that RLAH is not sustainable for a particular operator. Please give reason for your answer Question SEQ Question \* ARABIC 37 : The assessment of sustainability may require a comparison of the service's retail revenues against its wholesale costs. The determination of a service's retail revenues may be complicated when the service is offered in a bundle (e.g. roaming vs domestic services). In your view, what would be the best approach to allocate revenues between domestic and roaming services for the purpose of assessing sustainability? Question SEQ Question \* ARABIC 38 : Do you consider that the introduction of RLAH is likely to affect the structure or evolution of domestic retail prices including non-roaming tariffs? If so, please indicate what you consider these effects will be and how any adverse impacts envisaged might be avoided . Any other comments If you have any further input or comments on the future Roaming Regulation you would like to share with the EWG, please insert them here. Ref. Ares(2015)3765538 - 11/09/2015 EUROPEAN COMMISSION Directorate-General for Communications Networks, Content and Technology Director-General Brussels, DG CNECT B2/MD/as To the CEOs of operators Subject: information requested by BEREC for the wholesale roaming review Dear Madam, dear Sir, On 30 June 2015, the European Parliament and the Council reached provisional political agreement on the text of the draft Telecoms Single Market (TSM) Regulation. The formal adoption process is ongoing and the draft TSM Regulation is expected to enter into force in the course of autumn 2015. The draft TSM Regulation specifies that the Commission shall conduct a review of the wholesale roaming market in the EU with a view to assessing measures necessary to enable abolition of retail roaming surcharges from 15 June 2017, and to report to the European Parliament and Council on the findings of the review and make appropriate proposals by 15 June 2016. According to the draft TSM Regulation, the Commission shall inter alia:  review the degree of competition in national wholesale markets  assess the level of wholesale costs incurred and wholesale charges applied; of particular importance are effective wholesale roaming prices for unbalanced traffic (outbound traffic in excess of inbound traffic)  assess the competitive situation of operators with limited geographic scope, including the effects of commercial agreements on competition as well as the ability of operators to take advantage of economies of scale  assess the competition developments in the retail roaming markets  assess any observable risks of distortion of competition and investment incentives in home and visited markets  take into account the need to ensure that roaming providers are able to recover all costs of providing regulated wholesale roaming services, including joint and common costs.  take into account the need to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 Office: BU25 6/192 - Tel. direct line +32 229-51321 E-mail: [email protected]  roaming services to roaming providers’ end-users while the latter are periodically travelling within the Union. In addition, the draft TSM Regulation confers implementing powers to the Commission. It requires in particular the Commission to adopt by 15 December 2016, implementing acts laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and the application to be submitted by a roaming provider for the purposes of that assessment. The questionnaire that is now submitted to you by your national regulatory authority (NRA) is intended to provide my services with the necessary data and information to properly conduct the wholesale review according to the requirements set in the draft TSM Regulation recalled above. The questionnaire also covers the data and information needed for the Commission to prepare the implementing acts on fair use policy. BEREC will forward the information received in response to the questionnaire to the Commission. However, no direct reference to the identity of the operator (name of the operator/tariff plans and packages containing a specific operator name etc.) will be disclosed. It is of crucial importance to have a thorough, accurate, high-quality analysis of the wholesale roaming markets before retail roaming surcharges can be abolished. I believe it is in your interest that the wholesale roaming review be based on correct and accurate data and information. This is indispensable for the appropriate decisions to be made in view of the abolition of retail roaming surcharges as mandated in the draft TSM Regulation. It is equally important that the future detailed rules on the application of fair use policy take into account information on any fair use policy that operators may already apply in various contexts. I therefore invite you to make every effort to appropriately respond to the questions which are now submitted to you and send your responses back to your NRA. Yours Sincerely, [eSigned] Roberto Viola 2