WRITTEN QUESTION E-3145/02

by Theresa Zabell (PPE-DE) to the Commission

(4 November 2002)

Subject: Invoicing of phone calls interrupted owing to failure of the mobile phone network

On a daily basis, members of the public have the mobile phone link they have established cut off owing to gaps in coverage and receiver saturation, and have to redial the number and continue their conversation with that all-too-familiar explanation Sorry, we got cut off. Can you hear me now?.

Having a telephone conversation in instalments is not only inconvenient but also has a serious consequence in terms of the cost of re-establishing a connection. In the case of an uninterrupted three-minute conversation one is invoiced for the 180 seconds used and charged one connection fee, whereas in the case of interrupted calls, the connection fees can work out more expensive than the call time itself.

These operator network failures are easily verified in the monthly bills. If a bill shows three consecutive minute-long calls to the same number, one can only assume this has been due to operator failure and not to the user's desire to have a conversation in instalments so as to generate suspense.

On contacting the operators I was informed that, some time ago now, user's rights were respected and they were not charged a connection fee for consecutive calls made to the same number, since these were a sign of network failures. Today's extensive coverage means they are invoiced for everything. If people took the trouble to add up these anomalous amounts in their monthly bill they would have a surprise.

Is it possible to harmonise the activities of EU mobile phone operators with a view to ensuring that mobile phone users do not end up paying for gaps in coverage and are not charged a connection fee for consecutive calls made to the same number?

Answer given by Mr Liikanen on behalf of the Commission

(11 December 2002)

Neither the current Community regulatory framework for telecommunications nor the new Community regulatory framework for electronic communications, which is due to be applied by the Member States from 25 July 2003, contain specific rules governing the treatment for billing purposes of repeat calls to the same number made as a result of mobile network failures.

Any rules that might be adopted in this area at national level are likely, however, to constitute consumer protection rules specific to the communications sector, which could be attached as conditions to a general authorisation, provided that they are objectively justified and proportionate(1). National regulatory authorities also have the possibility, under the new framework, to include mobile network failures as a parameter in any quality of service measurement requirements which they may choose to impose on relevant operators(2), although this would not directly impact the billing of the affected calls.

The Commission would point out that, while in many instances dropped calls may be caused by network failures for which the mobile network operator can rightly be held responsible, there are other circumstances in which calls may be dropped through no fault of the operator, for example because the caller passes into a building or structure through which the mobile signal cannot penetrate. Mobile operators are not subject to a legal obligation to guarantee uninterrupted coverage in all places and under all circumstances, although the reliability and quality of their services, as well as their charging practices, should be important elements in their competitive strategy.

Nevertheless, the Commission considers that this issue could usefully be raised for discussion with the Member States in the context of the Communications Committee established under the new Community regulatory framework(3). The Commission will then report to the Parliament on the results of that discussion in accordance with the agreed arrangements relating to the proceedings of that Committee.

(1) See, for example, point 3,1 of the Annex to Directive 97/13/EC of the Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (Licensing Directive) OJ L 117, 7.5.1997, which is part of the current regulatory framework; and point A.8 of the Annex to Directive 2002/20/EC of the Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) OJ L 108, 24.4.2002, which is part of the new framework.

(2) See Article 22 (2) of Directive 2002/22/EC EC of the Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) OJ L 108, 24.4.2002.

(3) See Article 22 of Directive 2002/21/EC of the Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) OJ L 108, 24.4.2002.