GSM EUROPE CODE OF CONDUCT FOR INFORMATION ON INTERNATIONAL ROAMING RETAIL PRICES REVISED

GSM Europe, 29 October 2003 I. INTRODUCTION GSM, GPRS, EDGE and 3GSM (W-CDMA) services are available or an international

roaming agreement is in place with the GSM Europe (GSME) is the European customers’ home network operator. The interest group of the GSM Association, the GSM Association has been working, since its global trade association for the world's creation, on the improvement of all aspects leading wireless operators. The Association related to international roaming. Demand works to promote, enhance and protect the for roaming was initially limited but the interests of the GSM mobile operator development of advanced services, new community worldwide and pursues the goal user profiles and types of mobile usage is of making wireless work globally. As a leading towards the development of more global trade association, the GSMA aims to sophisticated products and increased accelerate the implementation of collectively demand. At present, roaming prices depend identified, commercially prioritized on the home network, the different visited operator requirements and to take networks (customer are not tied to one leadership in representing the global GSM specific network) and the destination of the mobile operator community with one voice call. As a result, there are many thousands on a wide variety of issues nationally, of possible variations of international retail regionally and globally. roaming charges in Europe alone. Membership consists of more than 597 network operators that provide GSM, GPRS and 3GSM services based on EDGE or II. OBJECTIVES WCDMA. The Association's members serve approaching one billion customers across 206 countries and territories. GSM Europe has developed this voluntary Code of Conduct for European operators for GSM Europe, the European Interest Group the purpose of enhancing the clarity of of the GSM Association, consists of more international retail roaming price than 143 network operators that provide information for consumers. Operators GSM, GPRS and 3GSM adhering to this Code of Conduct aim to services. Membership of GSM Europe respond to consumer demand in Europe for spans 50 countries and territories across the greater transparency in international retail continent. GSM Europe's operators provide roaming prices. digital GSM wireless services to more than 408 million customers in Europe (September The objective of this Code of Conduct is to 2003). provide greater consistency and clarity to the range of information available to consumers on charges and available GSM is an open, non-proprietary system services, so that when away from their home that is constantly evolving towards new network they are able to make better services. One of its great strengths is the informed decisions regarding: network international roaming capability which was roaming choice (network availability), considered as a revolution to the wireless charges, availability of data services, prepay, technology (“one phone, one number all specific value-added services (such as voice over the world”). GSM has created a truly mail, access to customer care, recharge of global communications network by pre-paid, breakdown service, travel service, establishing roaming agreements all around medical helpline etc,) coverage and the world. information on how to use roaming services in general. For customers, roaming is the ability to use their phones wherever they travel, where The delivery of retail roaming information indicative, this should be clearly indicated to customers via the customer care services to the consumer. of the home operator is believed to be the most effective tool as it is the easiest and Any additional measures, other than those most commonly used by the customer. set out below, that operators want to apply Increasingly customer care services rely on and which contribute to the aims of the web-based roaming information. It follows Code of Conduct are also promoted by this that the Internet is also considered a very code. effective means to communicate information given its broad use and accessibility across Europe. Other possible options also exist to provide information on roaming and (1) Information via the customer service include SMS, MMS, fax on demand, e-mails, number of the home operator WAP pages, a roaming guide, information material at points of border entry/exit, a leaflet accompanying the bill and information via retail outlets. (1 )a Voice /SMS

Providing customers with up-to-date The customer service branch of the roaming prices is important for any operator will provide the following operator. This Code of Conduct aims to information: enhance transparency by making the best possible information about those prices • Tariff per minute of a call to a fixed available to the customer. It must be noted number within the visited country; that there are also alternative methods used for providing more transparency in roaming • Tariff per minute of a call to a prices. Operators have been introducing mobile number within the visited new tariff schemes that aim to simplify country [if different from call to roaming tariffs. Within the first year of fixed number]; implementation all signatories to the Code were found to be compliant with the • Tariff per minute of a call to a fixed measures thereby contained. number in the home country;

• Tariff per minute of a call to a mobile number in the home country III. MEASURES TO PROVIDE [if different from a call to a fixed INFORMATION TO CUSTOMERS number in the home country];

• Tariff of receiving a call on the GSM operators adopting the Code of visited network when applicable; Conduct will implement at least Measures 1 and 21. Operators are furthermore • Tariff of sending and receiving an encouraged to implement any additional SMS on the visited network when measures listed under point 3. applicable; The quoted tariffs should be updated • Information on whether according to the media used (customer unanswered calls are charged and service, Website, etc…) at least once a month related tariff if changes occur. Where published tariffs are • Information on which charging unit 1 Non-EFTA or non-EU countries with low level (minutes or seconds) applies and of Internet access may be exempted from Measure 2, at GSM Europe discretion if justified.

whether set up charges are GPRS or whilst roaming and the related applicable; tariffs.

• Numbers and, where appropriate, Operators shall inform their customers of website addresses of customer care the manner they will be charged for the use and information services of the of available services (per volume/, per visited network (for instance duration/ per event, etc..) and provide the directory services); minimum charge, the related tariffs and the increments. The final tariff could be • Additional information such as: dependant on the visited network. network display name or code, type of network (900/1800/UMTS), Operators should inform their customers on country code and general which data services are available on pre-pay information with regard to and the related tariffs. coverage; Example of some available services for • Tariffs should state whether they which information should be provided are inclusive or exclusive of VAT. If when applicable: VAT is exclusive the VAT rate should be indicated; -Information on WLAN when provided -Access to WAP • Information on peak and off peak -Access to Internet/Intranet times, if appropriate, for each -I-Mode roaming partner; -MMS -Video • Information on whether conditional call forwarding can cause additional Tariffs should state whether they are charges and related tariffs when inclusive or exclusive of VAT. If VAT is applicable exclusive the VAT rate should be indicated.

• Information about availability to toll Tariffs should be provided in the currency numbers by visitors and related of the home network operator. tariffs when applicable;

• Where available, information on, and any additional charges for (2) Information via the Internet site of prepay roaming and value-added the home operator services such as short codes; On the home page of the operator’s website • Information on Inter-standard a clearly visible link shall be provided to a roaming section containing roaming information. Alternatively, there can be a general link to tariff information on the home page; Tariffs should be provided in the currency roaming information should then be a of the home network operator. clearly labeled sub-category.

Information to be provided on the web site will be the same as for customer care [see (1)b Data Services section III (1)]. Operators will seek to provide the most complete information Operators shall inform their customers of possible on their web site according to the the available services that they can use via

specificity of their market and customer customers to access all the information needs. mentioned under section III 1.

Customers should be able to print Operators should endeavor to ensure that information. independent retailers have available, at least, the information where a customer is Operators should indicate that for able to obtain precise roaming information. information on geographical worldwide In particular, retail outlets should have roaming coverage, customers can access the available the customer service number of the GSM association world website at the operator and the address of the web site. following web address: www.gsmworld.com, or, alternatively, on • Information via SMS/MMS the home page of the operator. The operator should use SMS or MMS as a way of providing basic standard roaming It is recommended that operators include a information. Since an SMS message, with section of most frequently asked questions the current technology, can at most contain and answers related to access to roaming 160 characters, only the most basic services on their website with the following information on the various roaming tariffs set of questions as a minimum: can be given. Operators should indicate that information is available via their customer • Can I travel and use international services and give the phone number of their roaming services as soon as I buy customer service. my phone? • Information via Fax on demand • If not how can I activate the The operator should provide to the international roaming service? customers roaming information per fax. Upon request, the consumer will receive a • Do you offer the same services, fax with information about the roaming whilst roaming, as I can access in tariffs of the different operators in the the country where I have my requested country. subscription? • Information via emails • Do I need a new phone (i.e.triband) to travel to certain countries? The Operator should provide to the customers roaming information via e-mail. (3) Information via other measures Such information will be sent to customers via, for example, an automatic response There are several other means of providing system, a PDF file or plain text e-mail. information with respect to roaming prices to customers. The possible choice of one or • Information via WAP more of the following measures should be The operator should give its customer the made by the operator according to the value possibility to receive roaming information of the measure to the end user. It should be via the WAP service. Operators should noted that these measures will generally be make their best efforts to create a dedicated targeting specific niches in the market. The section for information on retail effort should be proportionate to the international roaming. perceived need of the end customer. • Information via printed material • Information via retail outlets The operator should ensure that retail Operators should provide information on outlets that are under the control of that roaming via different printed means of their operator are able to provide the means for

choice such as leaflets, brochures, roaming GSM Europe Members, who voluntarily guides, billboards, etc. adopt the new measures related to data services contained in the new revised This information could be communicated in version of the Code of Conduct, will different ways such as including or implement the revised Code of Conduct’s attaching such information in or to the bill, measures by 1st January 2004. at border points of entry/exit, in retail outlets or by any other means that operators A list of operators who agree to comply with consider appropriate. this Code of Conduct will be maintained by GSM Europe and will be available as an annex to the Code of Conduct on the GSM IV. IMPLEMENTATION Europe Website: www.gsmeurope.org (hereafter referred to as the List). The This Code of Conduct is intended to be a implementation of and compliance to the document that reflects best practice and Code of Conduct is being reviewed on a should therefore increase consumers’ regular basis. The first review was awareness of international retail roaming conducted as from 1st October 2001, by an issues. This Code of Conduct serves as a independent auditor who produces a report statement of the current intentions of GSM on a regular basis. The review of the revised Europe Members, drawn up for the benefit Code of Conduct (which includes data of customers, in order to facilitate a clearer services) will be conducted as from 1st understanding by such customers of January 2004 with the publication of an international retail roaming prices and does implementation report in October 2004. not create any legally binding obligations.2 Operators may be added to the List at a later This Code of Conduct is non-binding in date and can be subject to an audit as from accordance with Article 16 section 4 of the the date of their addition to the List. Regulations of the GSM Association. When the result of the monitoring by the National laws already provide different independent auditor shows that a Listed mechanisms in Europe in relation to GSME member is not compliant with the consumer protection. These laws are Code of Conduct, GSME will consult the normally also applicable to international operator and the independent auditor. The roaming tariffs. Individual operators should consultation period will last -21 days from be aware of and should ensure that they the date when notification of non- comply with such national requirements, compliance is sent by GSME to the relevant and, where applicable, the transposed EU operator together with the findings of the legislation, notably the provisions of) Art 21 audit concerning that operator. If, following (transparency and publication of the consultation period, the operator information) of the current Universal remains non-compliant with the Code of Service Directive (Directive 2002/22 of 7 Conduct, GSME will be entitled to remove March 2002) the name of the non-compliant operator from the List. An operator whose name has The original Code of conduct was adopted been removed from the List can ask to have in June 2001 and came into force on 1st its name reinstated on the List after October 2001 with 41 signatories. demonstrating compliance with the Code of Conduct.

Each operator should designate a 2 This Code of Conduct shall be interpreted and construed in accordance with the substantive laws of compliance officer to act as a point of Switzerland. This Code of Conduct does not create any contact for the independent auditors. legally binding obligations and any disputes arising out of this Code of Conduct shall be submitted to the competent courts of Geneva, Switzerland.

It is intended that this Code of Conduct be a living document. GSM Europe will keep on considering reviewing the Code of Conduct, to take into account technological and commercial developments that occur in the industry.

GSM Europe, London 29 October 2003

ANNEX 1 : List of GSME Operators complying with the Code of Conduct (Voice Services) As per October 2003

* Signatories to revised CoC (Data Services) will be assessed from 1st January 2004

Amena; Spain* TDC Mobil A/S; Denmark

BASE NV/SA; Belgium Telefónica Móviles España, SA.; Spain*

Bouygues Telecom; France* Telia Mobile AB Sweden; Sweden*

Connect Austria, Gesellschaft für D2 GmbH; Germany* Telekommunikation GmbH; Austria Vodafone ; Hungary E-Plus Mobilfunk GmbH & Co. KG; Germany Plc; Ireland* EuroTel Bratislava a.s; Slovak Republic* Vodafone Libertel .V.; The Netherlands KPN Mobile The Netherlands B.V., The Netherlands* Vodafone Malta; Malta*

Latvijas Mobilais Telefons SIA; Latvia Vodafone Omnitel SpA; Italy

MobiFon S.A; Romania Vodafone Spain; Spain

Mobilkom Austria AG & Co KG; Austria* Vodafone Telecel; Portugal

Optimus Telecomunicações SA; Portugal* Vodafone UK Ltd; United Kingdom

OrangeFrance; France Westel Mobile Telecommunications Ltd; Hungary* Orange Switzerland; Switzerland* WIND Telecomunicazioni S.p.A; Italy Orange UK; United Kingdom Xfera Móviles,S.A; Spain (This operator will be O2 GmbH & Co.; Germany* compliant with the CoC on first day of commercial launch of 3G services) O2 Limited; United Kingdom

O2 Communications Ltd; Ireland New Signatories (currently being assessed)

O2 B; The Netherlands Belgacom Mobile, Belgium*

Pannon GSM Telecommunications Plc.; Hungary Go Mobile; Malta

PTC "Era"; Poland* HT Mobile Communications LLC,Croatia*

PTK Centertel; Poland Hutchison 3G UK Ltd, United Kingdom

SFR; France* TMN, Portugal

Sonera Corporation; Finland T-Mobile Czech Republic a.s., Czeck Republic*

SONOFON; Denmark T-Mobile Netherlands B.V., Netherlands*

Swisscom Mobile Ltd, Switzerland* T-Mobile UK Ltd, United Kingdom*

TIM; Italy H3G S.p.A.; Italy

T-Mobile Austria GmbH; Austria* Vodafone Sweden; Sweden

T-Mobile Croatia, Croatia

T-Mobile Deutschland GmbH; Germany*

TDC Switzerland AG (sunrise); Switzerland

Annex 2: GLOSSARY OF TERMS AND DEFINITIONS

EDGE- Enhanced Data Rates for GSM evolution

GSM-Global System for Mobile Communications

GPRS-General Packet Radio Service

MMS- Multimedia Messaging

SMS- Short Message Service

UMTS-Universal Mobile Telecommunications System

WAP- Wireless Application Protocol

W-CDMA- Wideband CDMA

WLAN- Wireless Lan