Irish regulator ComReg confirmed it's investigating reports that a mobile operator is changing its pricing policy to limit the amount of monthly bundles that can be used for free EU roaming. In a statement, ComReg said it normally does not comment on compliance investigations, but "this should not be taken as implying a lack of concern on our part".
The regulator said it is aware that a mobile operator recently informed customers of new contractual arrangements that purport to draw a distinction between a contractual data allowance and an unlimited all-you-can-eat-data "service benefit". This follows reports that 3 Ireland is changing the terms and conditions in its offerings. Customers continue to benefit from unlimited data in Ireland, but the portion reserved for use in the rest of the EU is limited to between 1GB and 7GB, depending on the customer's plan.
ComReg said it asked the operator for more information in order to assess whether this is in line with existing regulations, as well as the new roaming rules coming into force in the EU from 15 June. From that date, all roaming in the EU is expected to be charged at domestic rates or from the customer's existing monthly bundle.
According to 3 Ireland's website, the new contract terms come into effect from 03 April, when the prices of its all-you-can-eat-data plans will also increase. The company says customers will receive a "new additional data allowance" to use for roaming in the EU, in addition to the unlimited data at home. For example, with its top monthly plan at EUR 55 per month for unlimited calls, texts and data, the price will increase by EUR 5 per month and customers will be limited to 7 GB per month of data roaming in the EU. The Sim-only plan with no contract will also rise by almost EUR 5 per month to EUR 30 and be limited to 2 GB for EU roaming under the new conditions.
By separating the roaming and domestic data allowances, 3 may be trying to take advantage of fair-use rules drawn up by the European Commission to help operators deal with the transition to no more surcharges for roaming. The EC proposed that postpaid customers with an unlimited monthly plan should be allowed to use unlimited calls and texts while roaming, but data could be capped. In this case, the customer could use data metered at the wholesale roaming rate (EUR 7.70 per GB) worth up to twice his monthly bundle value. 3 may be attempting to limit the monthly value by separating the data allowance from the rest of the plan.
