The majority of countries (twenty four (24) out of twenty eight (28) respondents[47]) indicated that they have a definition for PRS. This definition is, in most cases, established by national telecommunications legislation (which was confirmed by eighteen (18) countries[48]) but can also be found in national consumer protection law[49] and codes of practice with a legal basis (mentioned by four (4) [50] countries each). Among other less mentioned sources were an EU Directive[51], EU regulation[52] and codes of practice without legal basis[53].

Only six (6) countries[54] confirmed that they have a definition for DCB which originates from an EU Directive[55], national telecommunications law[56], codes of practice with[57] or without legal basis[58].

Figure 5 - Source of definitions regarding premium rate services and direct carrier billing

In almost all countries, NRAs/competent authorities have responsibilities regarding premium rate calls (twenty six (26)[59] out of twenty eight (28) respondents) and premium rate SMS/MMS (twenty four (24)[60] out of twenty eight (28) respondents). NRAs/competent authorities have a role in DCB to a lesser extent (ten (10) respondents[61] out of twenty-eight (28)).

In almost half of the countries, there are other public entities with more responsibility than their NRAs for certain areas as follows: premium rate calls (fifteen (15)[62] respondents), premium rate SMS/MMS (fourteen (14)[63]respondents) and DCB (fourteen (14)[64] respondents). In some countries, there are other relevant entities acting over these areas[65].

Figure 6 – Entities with responsibilities regarding premium rate services and direct carrier billing



The vast majority of NRAs/competent authorities have powers to act on electronic communications service providers. Those powers cover a broad spectrum of competencies such as regulation[66] and inspection[67] (indicated by twenty three (23) countries each), sanctioning[68] and receiving and answering complaints or enquiries[69] (mentioned by twenty two (22) countries each), information provision and collection (referenced by eighteen (18)[70] and sixteen (16)[71] countries, respectively). Fewer NRAs have powers for dispute resolution, either resolution on a voluntary basis (thirteen (13)[72] countries) or on a mandatory basis (twelve (12) countries[73]).

In around one third of the countries, NRAs/competent authorities also have responsibilities for PRS content providers, mainly regarding receiving and answering complaints or enquiries (ten (10) countries[74]), regulation (nine (9) countries[75]), inspection (eight (8) countries[76]), sanctioning (seven (7) countries[77]), information provision (seven (7) countries[78]) and information collection (six (6) countries[79]). Dispute resolution on a voluntary basis[80] and on a mandatory basis[81] were less mentioned.

Fewer NRAs/competent authorities have powers to act against companies providing content or services online. In six (6) countries, these powers cover receiving and answering complaints or enquiries[82], in six (6) countries they cover inspection[83], sanctioning[84] and information provision[85], and in five (5) countries they cover regulation[86] and information collection[87]. There are even fewer NRAs/competent authorities with responsibilities for voluntary or mandatory dispute resolution[88].

Figure 7 – NRAs responsibilities regarding companies




Almost one third of the NRAs who responded to the BEREC questionnaire confirmed that Consumer Protection Authorities have the power to sanction (ten (10) out of twenty eight (28) respondents[89]) and inspect (nine (9) respondents[90]) providers of both PRS and DCB. Fewer respondents indicated that the Consumer Protection Authorities also have powers for regulation and information provision[91], information collection[92], handling complaints and voluntary dispute resolution[93]. In two (2) countries, these Authorities only have powers over DCB covering regulation, inspection, sanctioning, information provision and collection[94], and in one (1) country also covering complaints handling and voluntary dispute resolution[95]. Two (2) countries confirmed that these Authorities only have responsibilities for PRS, including regulation, inspection and sanctioning[96], and one (1) country confirmed it included also information provision and collection[97].

Financial Services Authorities were mentioned by two (2) countries[98] as being responsible for DCB with their powers covering inspection, regulation, information provision and collection. In one (1) country[99], they also have sanctioning powers. One (1) respondent confirmed that the specific national administrative authority has responsibilities over PRS[100] or both PRS and DCB [101].

Governments were mentioned to have responsibilities over PRS in three (3) countries with powers relating to inspection and sanctioning[102], regulation and information collection[103] and information provision[104]. Three (3) respondents indicated that their Governments have regulation competencies over both PRS and DCB[105] and one (1) country confirmed that its Government also has information collection and provision competencies[106].

 

In most countries (seventeen (17)[107] out of twenty-eight (28)), information about PRS is collected by NRAs/competent authorities, but only three (3) NRAs/competent authorities [108] collect information regarding DCB. The collection of information about PRS and DCB has a legal basis in nineteen (19)[109] and in six (6)[110] countries, respectively.

The majority of NRAs/competent authorities collect information from electronic communications services providers, including revenues (sixteen (16)[111] out of twenty eight (28) countries), complaints (thirteen (13) countries[112]) and the number of subscribers/users (twelve (12) countries[113]). Fewer NRAs/competent authorities collect information from PRS content providers[114] - mostly about complaints, and information from companies providing content or services online[115].
Figure 8 – Information collected by NRAs on the third party services by type of company

In most countries there are no other entities apart from the NRAs collecting relevant information. Four (4) countries[116] confirmed that other entities collect information about PRS and two (2) countries[117] indicated that other entities collect information about DCB.
 

BEREC asked NRAs/competent authorities about information and transparency measures or tools for PRS and DCB. The significant majority of NRAs/competent authorities (twenty five (25) NRAs/competent authorities[118]) indicated that measures or tools for PRS are in place, and only nine (9) NRAs/competent authorities[119] indicated that there are such measures or tools for DCB. It is evident that fewer NRAs/competent authorities have competences related to DCB than competences related to PRS. Below is a summary of the types of measures and tools adopted by member states:

● Cost of premium rate services - all twenty five (25) NRAs/competent authorities [120] who answered this part of the questionnaire indicated that there is an obligation to clearly state the cost of the PRS, while eight (8) NRAs/competent authorities[121] indicated that there is the same obligation for DCB.

● Spend reminders - nine (9) NRAs/competent authorities[122] confirmed that there is an obligation to provide spend reminders for PRS and just two (2) NRAs (IE, IT) indicated that there is the same obligation for DCB.

● Informing consumers about unexpectedly high charges - seven (7) NRAs/competent authorities[123] specified that there is an obligation to inform consumers about unexpectedly high charges on an electronic communication services bill and only one (1) NRA (BE) indicated that there is the same obligation for DCB.

● Information requirements online - eight (8) NRAs/competent authorities[124] specified that there is an obligation to provide an application or website for the purpose of information and transparency for PRS, and eleven (11) NRAs/competent authorities[125] confirmed that there is an obligation to provide a database on a public website to look up premium rate services. No NRA/competent authority indicated that there are similar obligations regarding DCB in their country.

● Advertisement requirements - Seventeen (17) NRAs/competent authorities[126] indicated that there is an obligation to provide information regarding the advertisement of PRS, and four (4) NRAs/competent authorities (EE, FR, IE, IT) specified that this obligation exists for DCB too.

Figure 9 - Information and transparency measures and tools



Service acceptance process :

● Detailed information regarding the service – in respect to information that must be provided to end-users in the process of service acceptance, eighteen (18) NRAs/competent authorities[127] confirmed the obligation to provide end-users with detailed information regarding PRS, and six (6) NRAs/competent authorities[128] indicated the same obligation for DCB.

● Detailed price of the service – twenty three (23) NRAs/competent authorities[129] indicated detailed information regarding the price of PRS and six (6) NRAs/competent authorities[130] confirmed that there is the same obligation for DCB.

● Consent to purchase – seventeen (17) NRAs/competent authorities[131] specified that there is an obligation to provide end-users with the confirmation of a subscriber’s consent to purchase PRS and three (3) NRAs/competent authorities (EE, IE, IT) indicated that the same obligation for DCB is in place.

● Transaction security – seven (7) NRAs/competent authorities[132] confirmed that there is also an obligation to provide end-users with information on additional transaction security for PRS, while two (2) NRAs (EE, IE) indicated that there is the same obligation for DCB.

● Resignation from the service – finally NRAs/competent authorities were asked about the obligation to provide end-users with detailed information regarding the resignation from the service. Nineteen (19) NRAs/competent authorities[133] confirmed the existence of this obligation for PRS and six (6) NRAs/competent authorities[134] confirmed the same for DCB.

Figure 10 - Obligation to provide in an acceptance process



● Legal basis - when asked about the legal basis of the obligations for PRS, nineteen (19) NRAs/competent authorities[135] confirmed that the legal basis of these obligations is set out in law, whilst four (4) NRAs/competent authorities (EL, IE, MT, SE) referred to a Code of Practice and three (3) NRAs/competent authorities (BG, CY, MK) indicated that there is another legal basis. When asked the same question about the legal basis for DCB, seven (7) NRAs/competent authorities[136] indicated that the legal basis for the obligations is law with three (3) NRAs/competent authorities (IE, IT, SE) confirming that the legal basis is a Code of Practice.

BEREC asked NRAs/competent authorities if in their country there is an obligation, interpreted in a broad sense (for example in law or a Code of Practice), to provide detailed billing for PRS and for DCB. Of the twenty six (26) responses to the question on PRS, twenty two (22) NRAs/competent authorities[137] indicated that there is an obligation to provide detailed billing for PRS and of the twenty (20) responses about DCB ten (10) NRAs/competent authorities[138] indicated that there is such an obligation in their country.

NRAs/competent authorities were also asked about specific rules regarding detailed billing. The activation of detailed billing takes place at the subscriber’s request in nine (9) countries[139] for PRS, and in five (5) countries[140] for DCB; and when the spending thresholds are reached, in four (4) countries (LV, NL, PT, SE) for PRS, while in two (2) countries (PT, SE) for DCB.

NRAs/competent authorities also indicated that specific information should be included in the detailed billing for PRS and for DCB, such as the full name of the service or content, the full name of the service provider, the total cost of the service and the contact information for the provider of the service. NRAs/competent authorities responses are presented in the table below.



The NRAs/competent authorities were also asked whether there are any restrictions regarding the use of general terms as a name of the service, for example ‘electronic services’ for PRS or DCB, in their countries. Three (3) NRAs/competent authorities (FR, NL, PT) confirmed such a restriction for PRS and two (2) NRAs/competent authorities (FR, PT) specified that there is such a restriction for DCB in their countries.

NRAs/competent authorities were also asked if there is an obligation to provide a separate bill for PRS and DCB. Two (2) NRAs/competent authorities (ES, IT) indicated that there is such an obligation for PRS but no (0) NRA/competent authority indicated that there is a similar obligation for DCB.

When asked about the obligation to provide end-users with facilities aimed at managing PRS and DCB, twelve (12) NRAs/competent authorities[141] confirmed that there is such an obligation regarding PRS and three (3) NRAs/competent authorities (IT, FI, NL) stated that there is such an obligation for DCB.

NRAs/competent authorities were asked about whether there is an obligation to provide various services via a customer area (e.g. a website, an application) and via customer support (e.g. by email, telephone number, chat). The possibility of checking a bill via the customer area was confirmed by six (6) NRAs/competent authorities[142], while seven (7) NRAs/competent authorities[143] indicated that a bill could be checked via customer support. Seven (7) NRAs/competent authorities[144] confirmed that there is a customer area and another set of seven (7) NRAs/competent authorities[145] also indicated customer support as means of providing information about the service. Five (5) NRAs/competent authorities[146] confirmed a customer area, and six (6) NRAs/competent authorities[147] indicated customer support, as a means for providing subscriber care details.

NRAs/competent authorities were asked about the available services separately for PRS and DCB. NRAs responses are presented in the charts below.

Figure 12 - Available services PRS



As evident in the chart above, when asked about the possibility of deactivating PRS, five (5) NRAs/competent authorities[148] indicated that an end-user can deactivate PRS via a customer area and ten (10) NRAs/competent authorities[149] confirmed that the same can be done via customer support. Five (5) NRAs/competent authorities (CY, HR, NL, RS, SK) stated that it is possible to change barring options for PRS via the customer area and nine (9) NRAs/competent authorities[150] indicated that it can be done via customer support. Only one (1) NRA (HR) confirmed that thresholds for PRS can be modified via the customer area as well as via customer support.

Figure 13 - Available services Direct Carrier Billing



As showed in the chart above, when asked about the possibility of deactivating DCB, two (2) NRAs/competent authorities (HR, NL) confirmed that the end-user can deactivate DCB via the customer area and four (4) NRAs/competent authorities (HR, IE, IT, NL) indicated that the same can be done via customer support. One (1) NRA (HR) stated that it is possible to change barring options for DCB via the customer area and three (3) NRAs/competent authorities (CY, HR, IT) confirmed it could be arranged via customer support. Only one (1) NRA (HR) confirmed that there is a possibility of modifying thresholds for DCB via the customer area as well as via customer support. Further, only one (1) NRA (HR) stated that there is an option to check spend reminders ‘in real time’ for DCB via the customer area as well as via customer support.

NRAs/competent authorities were asked by BEREC about who provides end-users with access to the services mentioned above. Regarding the facility to check a bill, one (1) NRA (CY) confirmed that this facility for PRS is made available to the end-users by the NRA, three (3) NRAs/competent authorities (CY, MT, RS) indicated that the facility is made available by mobile service operators, while six (6) NRAs/competent authorities[151] confirmed that the mobile service operators make the facility available for PRS and DCB. Additionally, two (2) NRAs (NL, SE) specified that the facility to check bills for PRS and for DCB is made available by content providers.

One (1) NRA/competent authority (CY) reported that the NRA provides service information about PRS, and one other NRA (IE) indicated that it provides service information for both PRS and DCB services. Three (3) NRAs/competent authorities (HU, MT, RS) confirmed that mobile service operators provide service information about PRS, one (1) NRA (IT) specified that mobile service operators provide service information for DCB, while four (4) NRAs/competent authorities (FR, IE, NL, SE) indicated that mobile service operators provide information about both PRS and DCB. Further, two (2) NRAs/competent authorities (HU, MT) confirmed that content providers provide service information for PRS, and four (4) NRAs/competent authorities (FR, IE, NL, SE) indicated that mobile service operators provide information about both PRS and DCB.

One (1) NRA (CY) confirmed that it provides subscriber with care details for PRS and another NRA (IE) confirmed that it provides subscriber with care details for both PRS and DCB. One (1) NRA/competent authority (MT) specified that mobile service operators provide subscriber care details for PRS and four (4) NRAs/competent authorities (FR, IE, NL, SE) indicated that mobile service operators provide such information about both PRS and DCB. Additionally, two (2) NRAs/competent authorities (HU, MT) specified that content providers provide subscriber care details for PRS, while four (4) NRAs/competent authorities (FR, IE, NL, SE) indicated that mobile service operators provide such information about both PRS and DCB.

NRAs/competent authorities were also asked who is providing end-users with the facility to deactivate PRS. One (1) NRA (CY) confirmed it provides this facility to end-users, ten (10) NRAs/competent authorities[152] indicated that mobile service operators make the facility available to end-users, while three (3) NRAs/competent authorities (HU, IE, NL) specified that content providers facilitate end-users deactivating PRS. NRAs/competent authorities also answered a question about who is providing end-users with a facility to change barring options for PRS. In this case, one (1) NRA (CY) indicated that it is the NRA, nine (9) NRAs/competent authorities[153] confirmed it is the mobile service operators, and two (2) NRAs/competent authorities (IE, SE) indicated that it is the content providers. When asked about who provides a facility to modify thresholds for PRS, two (2) NRAs/competent authorities (BE, IT) indicated that it is the mobile service operators. None of the NRAs reported that there is a facility to check spend reminders ‘in real time’.

The same questions were asked regarding DCB. Three (3) NRAs/competent authorities (IE, IT, NL) confirmed that a facility to deactivate DCB is provided by the mobile service operators, as well as by content providers. Two (2) NRAs/competent authorities (FI, IT) stated that a facility to change barring options for DCB is provided by the mobile service operators.

BEREC asked NRAs/competent authorities whether DCB services are made available by mobile service operators. Most NRAs/competent authorities answered affirmatively to this question. Eleven (11) NRAs/competent authorities[154] confirmed that all mobile service operators make DCB services available, and eight (8) NRAs/competent authorities[155] indicated that only some of the operators make them available. Only four (4) NRAs/competent authorities (CY, HR, LV, MK) specified that in their country DCB services are not made available by mobile service operators.

In general, the blocking of services can be part of a default setting or must be explicitly requested by the end-users. In the latter case, and depending on the national legislation, end-users can request the blocking of specific numbers or services or the blocking of a specific range of numbers or services.

BEREC asked NRAs/competent authorities whether there is an obligation in their country to provide a blocking facility as part of the default settings. Most of the NRAs reported that there is no such obligation. This obligation is in place in only four (4) and five (5) countries for premium rate calls[156] and SMS,[157] respectively, and in one (1) country for DCB services.[158]

Figure 14 - Blocking facilities as default settings



On the other hand, the obligation to provide a blocking facility to end-users on request exists in most countries. Almost all NRAs/competent authorities have reported that this block is available on request for both premium calling[159] and SMS services[160]. None of the countries where the blocks are not available are planning to implement them.

Only nine (9) NRAs/competent authorities reported that this block is available on request for DCB services.[161] As for the 13 countries where this block is not available, four (4) NRAs/competent authorities indicated that they are planning to implement deactivation facilities for DCB. [162]

Figure 15 - Blocking facilities on request



In addition, BEREC also asked NRAs/competent authorities whether there is an obligation to provide on request a blocking facility for specific, individual numbers/DCB services to end-users. Most of the NRAs/competent authorities replied that it is not possible to block specific numbers (calls and SMS) or DCB services in their country. Only in nine (9) and seven (7) countries this obligation is in place for premium rate calls [163] and SMS,[164] respectively. Finally, two countries have such an obligation for DCB services.[165]

Figure 16 - Blocking facility for specific, individual numbers/DCB services



However, most NRAs/competent authorities reported that there is a facility to block specific number ranges both for premium rate calls[166] and SMS.[167] Only four (4) NRAs/competent authorities reported that it is possible to block a specific range of DCB services[168] in their country.

Figure 17 - Blocking facility for specific number ranges



BEREC also asked NRAs/competent authorities how end-users make such a request. Most NRAs/competent authorities reported that a request can be made both via customer support (telephone, email, chat, etc.) and via customer area (self-care application, personal area via website). More precisely, as for PRS, in fifteen (15) countries, end-users can make this request both via customer support and via customer area,[169] while in seven (7) countries end-users can make this request only via customer support.[170] As for DCB services, in seven (7) countries end-users can make this request both via customer support and via customer area[171], while in three (3) countries end-users can make this request only via customer support[172]. No country indicated that the request can be made only via the customer area. Consequently, customer support remains the main method to make the request.

Figure 18 - How to request blocking

BEREC asked NRAs/competent authorities whether there is an obligation to impose a threshold amount (spend limit) on PRS and DCB services. In most countries, there is no such an obligation. More precisely, and with reference to PRS calls and PRS SMS, this obligation is present in twelve (12)[173] and in ten (10)[174] countries, respectively. While for DCB, there is an obligation to impose a threshold amount in only two (2)[175] countries.

Figure 19 - Threshold amount obligation



As for PRS, in three (3) countries[176] the threshold is precisely established and expressed in terms of a monthly expense (on average 35 euros per month). In one (1) country[177] the threshold is set in €60 and just applies to PRS calls. In two (2) countries, the threshold is set and published by the electronic communication service provider[178]. In one country (1), the provider is obliged to offer at least three price limits to its subscribers[179]. In another country, the threshold is set as requested by the customer[180]. As for DCB services, the threshold is set at €300 per month and at €50 per single payment in one (1) country[181] or as requested by the customer in another (1) country.[182]

BEREC also asked NRAs/competent authorities to confirm what happens when the end-user has reached the threshold amount for the service. In eight (8) countries, the service terminates automatically[183]. In six (6) countries[184], an active confirmation is required from the end-user to continue the service beyond the threshold amount. In particular, in one (1) country[185] there is an obligation to immediately inform the subscriber that the limit has been exceeded.

Figure 20 - Consequences of reaching threshold amount

BEREC asked NRAs/competent authorities whether there is an obligation in their country to provide an alert service for anomalous traffic. Regarding PRS, only four (4) countries[186] have the obligation to provide an alert service for anomalous traffic, while as for DCB this obligation is present in only one country[187]. In three (3) of these countries[188], the alert service is activated by default.

Figure 21 - Alert service for anomalous traffic



BEREC also asked NRAs/competent authorities to specify when the alert message must be sent by the provider (for example, when 80% of the threshold is reached).[189] In one country (MK), the alert is activated when around 100% (with VAT) of non-typical traffic/costs for individual subscriber is reached; for another country (BE), the alert service is not specific for PRS or DCB, but has to be applied for post-paid mobile subscriptions when the monthly flat rate is exceeded, and again when the monthly flat rate is exceeded by €50 (default setting). Customers must be given the option to change the €50 setting to a monthly flat rate + €0, + €75 or + €100. For another country (PT), the conditions of the alert of anomalous traffic depend on the provision of the contract.

BEREC asked NRAs/competent authorities whether there is an obligation in their country to provide end-users with regular reminders to avoid bill shock (i.e. reminders that are regularly repeated in order to allow the end-users to exercise a control over their bills). Most NRAs/competent authorities replied that such an obligation does not exist. More precisely, for premium rate calls and SMS, the obligation is present in two (2) countries[190] and in four (4) countries,[191] respectively. Regarding DCB services, the obligation is present only in two (2) countries[192].

Figure22 - Spend reminders



BEREC also asked NRAs/competent authorities to describe at what point the end-user is reminded of the subscription costs (e.g. every time the service costs €20). In one country (MK), non-typical costs for an individual subscriber is the average amount for services of last three months x 2 (the amount of the invoice for services - not for terminal equipment such as for mobile phones); in another country (BE), for certain specific types of premium rate SMS services (chat and games, quizzes or services to personalize the phone), a spend reminder must be sent to the subscriber every time €10 is charged in a given month; in another country (NL), a reminder must be sent every year with a reminder of the costs of the service; in another country (AT), there is a 10 € steps reminder; in another country (PT), before every subscription the end-user shall be clearly informed about the cost of the subscription; in another country (EL), once a month; in another country (IE), every time the service costs €20. Finally, in another country (FI) there is no reminder, but a telecommunications operator or consumer may set a reasonable spending limit in euros for the subscriber connection.

Finally, BEREC asked NRAs/competent authorities whether there is an obligation in their country to give the subscriber the choice to control PRS and DCB services via a customer area (self-care application, personal area via website) and/or via customer support (telephone, email, chat, etc.). This obligation is present only in five (5) countries[193] and only via customer support.