CRC’s opinion on the content of the messages that are sent to roaming customers using open data bundles

 At its session held on 15.02.2018, the Communications Regulation Commission adopted an opinion on the content of the messages sent to roaming customers using open data bundles when they enter Member States of the European Economic Area. The statement has been published on the CRC`s website under the section “Areas of regulation”, subsection “International roaming”.

POSITION

on the content of the additional agreements to the contracts for electronic communications services

At its session held on 15.02.2018, the Communications Regulation Commission (CRC) adopted the following position on the content of the additional agreements to the contracts for electronic communications services:

Under the Bulgarian legislation, all bilateral deals are contracts. Both are contracts - the agreement aimed at establishing rights and obligations and the additional contractual agreement amending the contractual relationship.

In relation to the above, the additional agreements to the contracts for electronic communications services are also individual contracts within the meaning of Chapter XIV of the Electronic Communications Act (ECA). The rules of drafting of contracts (Art. 228, para 1 and Art. 231, para 1 of the ECA) also apply to the additional agreements, including the cases when only the time period of the contractual relationship is extended with the agreement. The reference to old contracts concluded between the same parties does not fulfill the mandatory rules in Chapter XIV of ECA establishing requirements for the contracts` content.

Considering the above-mentioned, the additional agreements should contain the relevant contractual requisites to the agreed service. A list of the TV programs included in the bundle shall be attached to the additional agreements for TV service.

 CRC’s opinion on the application of Art 5, para 4 of the Regulation (EU) 2016/2286

At its session held on 15.02.2018, the Communications Regulation Commission adopted an opinion on the application of Art. 5, para 4 of the Regulation (EU) 2016/2286 laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment. The opinion is published on the CRC’s website under the section “Areas of regulation”, subsection “International roaming”.

National Code of Good Commercial Practices in the area of Electronic Communications Services

A letter has been received by the Communications Regulation Commission (CRC/ the commission) from a consumer suggesting the adoption of a code that should be applied by the service providers.

The suggestion was assessed at a CRC`s session held on 15.02.2018 and the commission decided to initiate a discussion on the suggestion and to provide stakeholders with the opportunity to express their views on the introduction of a national code of good practices and standards that should be applied by the providers of public electronic communications services in the Republic of Bulgaria.

POSITION

on the listing in contracts of the countries which belong to the different international groups

At its session held on 15.02.2018, the Communications Regulation Commission (CRC/ the commission) adopted the following position on the listing in contracts of the countries which belong to the different international groups:

Operators are not obliged to list in the contracts the countries which belong to the different international groups. Operators are obliged to ensure transparency of the conditions for carrying out international calls by including in the contracts the prices of calls to the different international groups and information about the groups to which the minutes included in the tariff plan apply (if the plan includes minutes for international calls).

Operators should ensure that accurate and detailed information about the countries included in different groups is provided through their websites, in the sales network/specialized retailers and through customer service centers. Customers’ special attention should be drawn in case of difference in the charging methods for international calls to mobile and to fixed networks.

CRC advises all customers to be informed in advance of the charging conditions for international calls to specific destinations of which they are interested.

The Commission again draws customers' attention to the difference between roaming calls and international calls. Detailed information is available on the CRC`s website under "For Consumers" section, "International Roaming" subsection.

The Communications Regulation Commission (CRC) launched a public consultation procedure under Art. 37 of the Electronic Communications Act on a draft amendment to the Reference offer submitted by BTC and CRC’s position to modify the latter. The elaborated by CRC position in the form of a draft decision aims at ensuring effective implementation of the imposed on BTC specific obligations. The drafts of the decision and the amendment to the reference offer have been published on the Commission’s website – www.crc.bg under the section “Public consultations”. The stakeholders may send their written opinions within 14 days from the date of the present publication to the following address: Sofia, 6, Gurko str., Communications Regulation Commission.