Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Articles 8 and 9 of the Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC (“the Roaming Regulation”) (OJ No L171, 29.6.2007, p32).

Article 8(1) requires that the dispute resolution procedures in Articles 20 and 21 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (the Framework Directive) (OJ L108, 24.4.2002, p.33) relating to disputes between communications providers are available in relation to disputes between different communications providers under the Roaming Regulation.

Article 8(2) of the Roaming Regulation requires that member States ensure that the dispute resolution procedures in Article 34 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (the Universal Service Directive) (OJ L108, 29.4.2002, p.51) relating to disputes between communications providers and end users are available for disputes under the Roaming Regulation.

Article 9 requires that member States lay down the rules on penalties applicable to infringements of the Roaming Regulation.

Regulation 2 of these Regulations designates OFCOM as the national regulatory authority for the purposes of the Roaming Regulation.

Regulation 3 of these Regulations provides for a notification procedure where OFCOM determine that there has been a breach of the Roaming Regulation or these Regulations.

Regulation 4 of these Regulations gives OFCOM the power to impose a penalty for breach of the Roaming Regulation or these Regulations.

Regulation 5 of these Regulations provides for the amount of penalty which may be imposed under Regulation 4. A penalty of up to £50,000 may be imposed for breach of a requirement under Article 7(4) of the Roaming Regulation to provide OFCOM with information in relation to the implementation and enforcement of the Roaming Regulation. A penalty of up to 10% of turnover of “relevant business”, as defined in these Regulations, may be imposed by OFCOM for all other breaches of the Roaming Regulation or regulation 13 of these Regulations.

Regulation 6 specifies how the turnover of “relevant business” is to be calculated for the purposes of regulation 5 of these Regulations.

Regulations 7 to 12 of these Regulations implement Article 8(1) of the Roaming Regulation.

Regulation 13 of these Regulations implements Article 8(2) of the Roaming Regulation.

Regulations 14 to 16 of these Regulations provide that a person affected by a decision of OFCOM under the Roaming Regulation or these Regulations may appeal that decision to the Competition Appeal Tribunal. Decisions of the Competition Appeal Tribunal may be appealed on a point of law to the Court of Appeal or the Court of Session in Scotland.

A full Regulatory Impact Assessment and Transposition Note have been produced. Copies may be obtained from Geoff Smith, Business Relations Directorate (BR2) of 1 Victoria Street, London, SW1H OET and are annexed to the Explanatory Memorandum which is available on the OPSI website.