
The EC said the decision was taken "in light of the initial feedback received", and it was working on a new proposal, which it aims to present "soon". The Commission had planned to have the implementing regulation on the fair-use policy passed by the end of this year, in time for operators to prepare for the end of all roaming surcharges in the EU in June 2017.
The Commission's initial proposal had been to allow mobile users to 'roam like home', at the same price as domestic services, for a minimum 90 days a year. They would also be expected to connect to their home network at least once every 30 days. In addition, operators could impose a fair-use amount on customers with unlimited plans, based on their average usage in their home market. After exceeding the fair use, mobile customers would be subject to additional charges, at the same level as the proposed wholesale roaming rates in the EU.
The 90-day limit was already higher than many operators expected, with Free in France offering 35 days per country as standard and KPN in the Netherlands recently introducing a 60-day limit. The Spanish government had called for a limit of 30 days on roam like hone. However, some members of the European Parliament had criticised the proposal as going too far, saying the fair-use limitations were not in line with the promise of the original legislation to end all roaming charges.
After the release of the Commission's first proposal, Vice-President Andrus Ansip, in charge of the Digital Single Market, said the fair-use policy would mean roaming charges still would disappear "for the vast majority of us". He noted that Europeans who travel do so on average 12 days per year, meaning the Commission's proposal goes "much further" by abolishing roaming charges for at least 90 days per year.
The operators' association ETNO said it wants a fair-use clause to remain, saying it is "essential to the proper functioning of European telecom markets" and prevents abuses, "which is also in the interest of consumers". It noted that the original regulation called for a limit on 'roam like home' based on periodic travelling, and the 90-day threshold proposed by the Commission is "well beyond such definition".