WRITTEN QUESTION E-3145/02 by Theresa Zabell (PPE-DE) to the Commission. Invoicing of phone calls interrupted owing to failure of the mobile phone network.
Date: 2002-11-04
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, consumer protection, invoicing, radio telecommunications, regulation of telecommunications, telecommunications, transmission network

C 155 E/96

Official Journal of the European Union

EN

3.7.2003

In view of this situation:

1. Does the Commission have measures to propose to prevent this constant increase in pollution?

2. Does it not consider that it should promote the use of clean engines and discourage that of petrol

engines?

3. Would it not be useful to promote an information campaign to draw attention once again to the

damage caused to health by atmospheric pollution from petrol-driven engines?

4.

5.

In view of the crisis in the automobile sector, could it not promote the use of gas fuels?

In view of the atmospheric pollution caused by heating, would it not been useful to encourage the use
of solar panels, at least for heating water?

Answer given by Mr Wallström on behalf of the Commission

(8 January 2003)

The Union has a well-developed policy in place to address the recognised health risks due to air pollution.
This policy includes directives setting limits on ambient concentrations of pollutants, national emission
ceilings, and emission limit values from specific (mobile and stationary) sources. In order to address the
remaining problems the Commission launched the Clean Air for Europe programme in 2001, which will
lead to the development of the thematic strategy on air pollution foreseen in the Sixth Environmental
Action Programme.

On the specific issue of petrol engines, the Commission shares the view of the Honourable Member that
the use of alternative fuels should increase in the transport sector and has taken a number of steps already
described in the reply to Written Question E-2887/02, although that reply also describes a number of
caveats in relation to gas fuels. A Common Position was reached in November 2002 in the Council on the
Commission’s proposal on the promotion of biofuels for transport which proposes a target of 2 % of
biofuels in 2005 and 5,75 % by 2010 in the overall market of fuels for transportation. Following a second
reading in the Parliament, the Directive is expected to be adopted during the first semester of 2003.

The Commission agrees that the use of renewable energy sources in heating applications, such as solar
panels, as well as improvements in energy efficiency, can result in substantial benefits, both in terms of a
reduction of greenhouse gas emissions and of air pollution. Based on a proposal of the Commission, the
Council and Parliament have recently adopted a Directive on the energy performance of buildings that lays
down a framework for the Member States to implement energy improvements and/or the use of renewable
energy sources in building applications.

As far as an information campaign is concerned, the Commission considers that this is primarily a matter
for the Member States.

(2003/C 155 E/108)

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?’.

3.7.2003

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Official Journal of the European Union

C 155 E/97

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
there are other
failures for which the mobile network operator can rightly be held responsible,
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) (cid:1) 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) (cid:1) 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) (cid:1)
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) (cid:1) OJ L 108,
24.4.2002.