Ofcom’s Roaming Rules Come into Force for UK Mobile Operators

The UK telecoms regulator, Ofcom, will tomorrow (1st Oct 2024) begin enforcing new roaming rules that require mobile network operators, such as Three UK, Vodafone, EE and O2 (including their many virtual / MVNO partners), to protect consumers who travel abroad from mobile BILL SHOCKS on data (broadband), call and text charges.

Just to recap. The regulator previously found (here) that the quality of information being provided by mobile operators on roaming charges could be “inconsistent and unclear“. In addition, Ofcom noted that 19% of holidaymakers are unaware they could face extra charges when using their phone abroad, and a similar proportion (18%) said they do not research roaming charges before travelling.

However, Ofcom lacks the power to stop mobile operators from charging customers for using their services when travelling, so instead they will tomorrow begin enforcing new rules and guidance that require all UK mobile operators to tell their customers when they start roaming, how much it will cost them and any action they can take to limit their spend. Many already do this, albeit to varying different degrees.

The new rules also tackle the issue of “inadvertent roaming“, which is where mobile phones inadvertently roam to a network in a different country even though the customer is not physically in that country, such as when UK customers on the English coast inadvertently roam on to French networks (Ofcom says 14% of UK mobile customers experience this both when abroad or still in the UK).

What Changes Have Ofcom Made?

Requiring providers to send roaming alerts so that customers can make informed decisions and are protected from unexpected bills

Providers must notify customers when they start roaming (both in the EU and rest of world destinations). The notification(s) must provide clear, comprehensible, accurate information so a customer can make informed decisions when roaming and:

• enable customers to understand any charges that apply to using roaming services, any fair use limits and the time period that applies to any time-limited charges. The new rules give providers some flexibility in how they communicate the information to their customers;

• inform customers that they can specify or modify a mobile bill limit and direct them to information on how to put in place or amend such a limit; and

• direct customers to free to access, clear, comprehensible and accurate additional information on roaming.

While regulatory protections are already in place to ensure that customers are given pricing information and the option to set a mobile bill limit at the time they contract for mobile services, the roaming alert is intended to ensure customers are provided with timely, clear and accurate information at the point of roaming. It should ensure they can make an informed decision about the use of roaming services and are aware of their right to specify or modify a mobile bill limit, helping to protect customers from harms such as unexpected roaming bills.

Providers must protect customers against the impact of inadvertent roaming

The requirements on roaming alerts should ensure that customers are alerted to the fact that they are roaming, including where this is inadvertent. However, considering the potential for harm and to help protect customers from the impacts of inadvertent roaming, we have decided to bring into force the inadvertent roaming rules we consulted on. These will require providers to:

• have measures in place to enable customers to reduce and/or limit expenditure related to inadvertent roaming while they are in the UK (e.g. treating Ireland usage as UK usage).

• provide clear, comprehensible and accurate information to customers about the above measures and also how to avoid inadvertent roaming in and outside of the UK, particularly in border regions.

This approach takes account of providers’ current practices such as treating certain roaming usage as UK usage, which protects customers from the impact of inadvertent roaming while in the UK. This will particularly benefit customers in Northern Ireland who can experience inadvertent roaming on a regular basis.

Guidance setting out expectations and examples of good practice

We are issuing guidance to accompany the new roaming rules to provide greater clarity to providers on what we expect and how we are likely to approach investigating compliance as well as to promote good practice. This includes examples of roaming alerts and steps that providers are already taking to help customers in Northern Ireland protect themselves from inadvertent roaming (e.g. treating Ireland usage as UK usage).