Anacom gives operators 50 days to modify offers that violate roaming rules

The Autoridade Nacional de Comunicações (ANACOM) has given telecommunication operators a 50-day period to change the offers known as zero-rating and the like that violate the rules of roaming. In a statement, Anacom states that "it sets a deadline of 50 business days for operators to modify so-called" zero-rated "offers and similar offers offered by mobile Internet access providers that violate the regulation. TSM [mercado único de telecomunicações] and the Roaming Regulation, with regard to the rules on network neutrality and roaming. "

The regulator recalls that the decision was preceded by a public consultation "based on the monitoring of existing offers, to detect situations in which suppliers have differentiated traffic management practices for general traffic" ceilings "and for specific" ceilings "or for traffic, in violation of network neutrality rules 19659002] Anacom states that "although in some cases, specific data blocks can not be used in Espa this European Economic (EEE) in terms equivalent to those "

In this sense," Anacom has decided to provide Internet service providers a change in the procedures adopted in the offers that include l 39; access to the Internet. Mobile Internet service (including mobile Internet service), in cases where there has been differential traffic processing, after the exhaustion of general data blocks, between applications / content that incorporate specific blocks of data or are available without traffic limit and other applications / content that incorporate the general data limitations. "

" tax-free "is a commercial practice in which the consumption of data of a certain content, application or service is not recorded in order to consume the volume of data associated with it. offer subscribed by the customer, and, generally, a price is not charged for the traffic associated with that content or service

Anacom's decision applies to any offer having such features, even if it has not been referenced in the analysis performed. "The purpose of this measure is to avoid discrimination between content and / or applications that incorporate general data blocks, and that are subject to blockages or delays when these caps are exhausted, and the contents and / or applications that incorporate "specific data limits or without traffic limits, and that they are not subject to any blocking or delay when the "data cap" gen is out of print. "

Anacom also determined that vendors should also within 50 business days, procedures in the case of bids where there are applications / content whose roaming conditions in the European Economic Area are not equivalent to those available in the national territory.

"suppliers who offer tenders (whether or not they are included in the tariff price of the contracted Internet access service) with requests for" zero-rating "and / or offers of additional access codes for specific applications should ensure that their customers, when roaming in the EEA, can use these applications under conditions equivalent to those used in the internal market. "

However, providers can:, implement responsible use policies (PURs), in the case of classifiable offers like open data packets, he says. Anacom also recommended that providers in their mobile Internet access offerings increase the general data blocks in order to bring them closer to the traffic volumes of the specific "ceilings".

It is also recommended that suppliers publish the specific conditions imposed on potentially interested entities to include their applications / content in zero-rated and other offers, including the deadline for responding to such requests. "In the same 50-day period, operators will need to adapt the information they disclose on" sites ", stores and other information channels."

Operators also have 50 business days to inform how they will comply with the decision and the conditions they impose on entities wishing to include applications / content, tax refunds and similar offers that should be applied.