BEREC Framework Implementation Expert Working Group Call for contributions to the questionnaire on Cross border Accessibility of Phone

numbers Questions
Within this questionnaire the term cross-border communication means a call from any network in the EU Member State A to a number range according to the numbering plan of Member State B. This questionnaire refers to inaccessibility in cross-border communication if a number in Member State B cannot be reached from Member State A, where A and B are initially random Member States.

A.

Which number communication?

range(s)

are

inaccessible

in

cross-border

1. In the national numbering plans of the EU Member States various types of numbers, allocated in different number ranges, typically exist. Please indicate in the table below whether a number range raises an accessibility issue during cross-border communication:
Type of number range called Accessibility Issue Remarks

Geographic number Note 1 Mobile number Personal number Nomadic or VoIP number Note 2 Premium Rate Service (PRS) number Free-phone number Directory enquiry service number Shared cost number Internet dialling Public utilities number Emergency services number SMS PRS number Other special tariff number 1 ETNS UIFN Table 1 Accessibility in cross-border communication

Note 1 Although geographical numbering ranges are generally the number ranges which are most accessible from other member states, VON would like
1

For instance, national phone numbers for business and undertakings (the calling end subscriber pays the call but there is no payment for the called party).

Questionnaire on Cross border Accessibility of Phone numbers

to draw BERECs attention to issues with in-country accessibility of numbering ranges. Many time consuming and highly expensive constraints with regard to in-country accessibility of numbering blocks (including geographical numbering blocks) result in new entrants being prevented to enter the market. In many member states there is no mandatory obligation or code of conduct for a time frame within which networks should adjust routing tables and ensure that new numbering blocks from other service providers are being made accessible and reachable for the calling party. In some other countries, the concept of hosting of numbering blocks (in combination with wholesale transit) is not accepted by the industry, which leaves the owner of the numbering block with no other means than to enter into individual interconnection arrangements with each individual access network. Such time consuming and highly expensive constraints with regard to in-country accessibility of numbering blocks (including geographical numbering blocks) result in new entrants being prevented to enter the market. In addition, many numbering plans link the usage of geographical numbers to a fixed location, or require an operator to comply with certain conditions or usage restrictions (such as terminating of the call within the geographical zone, requiring the user to provide a fixed address etc). These conditions may be inherent to the POTS but do no longer make sense in an all-IP world. Note 2 Whilst it can not be denied that a number of accessibility issues exist with regard to VoIP/nomadic numbers, VON urgently requests BEREC not to focus on cross border accessibility of VoIP or nomadic numbers. Any attempts from regulators to introduce specific ranges for nomadic use, albeit all good intentions, failed and will continue to fail. Rather, a much more forward-looking approach would be for BEREC to focus its attention on lifting all barriers for the use of geographical numbering ranges, ensuring transparent retail prices (the user should be able to access any geographical number for the cost of a local call), while decoupling geographic numbers from their location information. According to Ofcoms latest research2, geographic numbering is still highly valued by consumers and businesses: In contrast, maintaining the geographic significance of an area code was considered important by some businesses and residential consumers for a mixture of emotional and practical reasons. 2. Could you identify any differences in cross-border accessibility of number ranges based on the type of access network (network in Member State A: fixed, mobile, VoIP, etc.)? VON members experience both cross-border and in-country accessibility issues particularly with mobile networks. For example, in Germany, some (if not all) mobile network operators continuously attempt to block or degrade
2

Ofcom, Summpary report of findings June 2011, prepared by http://stakeholders.ofcom.org.uk/binaries/consultations/safeguarding-geographicnumbers/annexes/Geographic_Numbering_Future.pdf, page 6.

Futuresight

for

Ofcom,

Questionnaire on Cross border Accessibility of Phone numbers

access (for their own customers) to regular local or national numbers allocated to other carriers without any due justification3. 3. Please point out if an inaccessibility issue of the number range stems from an accessibility issue within a Member State (a national call). VON refers to note 1 under question 1 above. Moreover, assignments at national level in themselves are mainly an issue because they entail 27 different procedures, but the main impediments lie in the different obligations, restrictions and burdens attached to numbers by the 27 different national regulators and/or policy-makers. The EU regulatory framework for electronic communications (Directive 2002/21/EC, as amended), requires numbers to be made available for all public electronic communication services4 and that the European Commissions Information and Consultation Document of 14 June 2004 on the treatment of Voice over Internet Protocol (VoIP) under the EU Regulatory Framework5, Section 7.1, stated explicitly that: Any undertaking providing or using electronic communication networks or services has the right to use numbers. ()

4. Are you aware of any significant differences in the treatment of cross-border calls depending on the MS where the calling/called parties are located (that is, MS A and MS B)? In which MS and number ranges can you identify such differences? No info available

B.

Due to which reasons are these numbers inaccessible?

A quick scan of possible reason for cross-border inaccessibility of number ranges has resulted in the following list of reasons:

3 For illustration purposes, in August 2011 Eplus unilaterally decided to block the access to certain geographical numbers of other carriers for the reason that the numbers would be used for (virtual) calling card purposes. Although the regulation does not prohibit to use geographical numbers for such type of services, it is unlikely that the NRA disposes of the proper legal basis to act against such practices. 4 Directive 2002/21/EC (as amended), Article 10 Numbering, naming and addressing: 1. Member States shall ensure that national regulatory authorities control the granting of rights of use of all national numbering resources and the management of the national numbering plans. Member States shall ensure that adequate numbers and numbering ranges are provided for all publicly available electronic communications services. National regulatory authorities shall establish objective, transparent and non-discriminatory procedures for granting rights of use for national numbering resources. 5 European Commission. (2004). Commission Staff Working Document on the Treatment of Voice over Internet Protocol (VoIP) under the EU Regulatory Framework. An Information and Consultation Document. Retrieved at, http://ec.europa.eu/information_society/policy/ecomm/doc/library/working_docs/406_14_voip_consult_paper_v2_ 1.pdf.

Questionnaire on Cross border Accessibility of Phone numbers

Technical and operational limitations, (for example signalling and online/prepaid charging) Pricing and billing issues (offline charging) Numbering plan aspects Aspects linked to access and transit wholesale interconnection services Legal issues linked to the definition of services, (for example VAT, age for adult entertainment) End user protection from fraud and misuse of numbering Called subscriber has chosen not to be accessible from another Member State Differences in language No market demand Other

5. Which additional reasons for cross-border inaccessibility of number ranges can you distinguish? Please add them to the list providing a short explanation for each one. The reasons listed above are the most common ones. As far as in-country inaccessibility of numbers is concerned, one could add the requirement of access operators to enter into specific individual interconnection arrangements with each access network (Bulgaria, Romania6) or the lack of any hard coded rules about time delay within which routing table should be updated and numbering ranges should be made accessible for calling parties, or, in the case there would be industry standards available, the lack of penalty for a delayed implementation (most EU member states).. 6. For each of the non-accessible number ranges as indicated in response to question 1 above, could you describe and explain to the maximum extent possible, the concrete reason(s) (from those of the former list) for cross-border inaccessibility? Please indicate which are the most important ones from your point of view. For retail price charge model, the following models can be distinguished: Calling party charged numbers (no value added service): typically geographical numbers, mobile numbers, personal numbers, nomadic or VoIP numbers. Free of charge for the caller: typically emergency services, public utilities numbers, free phone call numbers and harmonized numbers for harmonized services (116). Shared cost numbers Premium rate service numbers

Please note that in Romania and Bulgaria, there is no practice of transit through the incumbent (at least no incumbent service plan for transit from and to other carriers), so individual interconnection agreements are required.

Questionnaire on Cross border Accessibility of Phone numbers

7. For which number ranges an inaccessibility issue could be related to the retail priced charge model (e.g., due to limitations asked by the user of free phone or shared cost numbers or for premium rate service and the related difficulty in complying with the regulation of the Member States). 8. Which are in your opinion the most important issues regarding national regulations that prevent or hinder a fully cross-border accessibility of number ranges? For inter-operator price charging two models can be distinguished: termination model (originating operator fixes the retail price and pays the termination rate to the terminating operator) origination model (terminating operator fixes the retail price and pays the originating rate to the originating operator)

The most important issue preventing cross-border accessibility of premium rate services is linked to the complexity to cope with the complete lack of harmonization as to the applicable conditions in each country with regard to pricing, consumer protection, and the billing complexity resulting from such variable conditions. In order to avoid the risk for abusive or fraudulent traffic, most access operators throughout the EU determine to block access to this type of numbers from abroad. 9. For which number ranges the inaccessibility could be related to the interoperator price charging model? All numbers other than fixed geographical numbers and mobile numbers. 10. BEREC is interested in best practices of cross-border special tariff services. Please provide examples of cross-border special tariff services that you might be aware of, which are working currently on the basis of cooperation among operators (e.g. certain services functioning among two neighbouring countries, such as directory inquiry). Please elaborate on the agreements, technical solutions adopted, conditions applied to the calling subscriber and any other subject considered relevant.

C.

To what extent is inaccessibility perceived as a problem?

11. Does your organization receive complaints from stakeholders (like individual users, groups or organizations) that some number ranges are not cross-border

Questionnaire on Cross border Accessibility of Phone numbers

accessible? If yes, please describe the complaints and from whom they are coming. Yes VON members are receiving complaints mainly from business customers for whom accessibility from all networks (fixed and mobile, national and international) is crucial for their business. Whilst some customers have difficulties to understand that the lack of or delayed accessibility is due to the access networks, the perception is thereby created that the service provider is not a reliable partner. 12. From your point of view, which are the most important barriers and problems derived from cross-border inaccessibility? The following examples of stakeholders that have an interest in cross-border communication are: Consumers (in home country or abroad like travellers) Companies (customer service departments, helpdesks, sales, business travellers, expats etc.), Network Services providers (access, transit and terminating, inbound services), Content service providers, Public bodies and governmental organizations

13. Please describe which stakeholders in your opinion are most affected by the cross-border inaccessibility of number ranges. How are these stakeholders impacted by the inaccessibility? Do these stakeholders have any influence on the accessibility of the number? 14. What new opportunities, products, services and business activities in your opinion could be developed in an open-access framework for special tariff numbers? (e.g. new platforms and contents, new access network provider wholesale services, etc.) VON believes that the Internet creates tremendous opportunities for new services and applications and that a well-designed and progressive numbering plan will accommodate growing usage, bring consumer benefits, and promote competition. In this context, assignments at national level in themselves are mainly an issue because they entail 27 different procedures, but the main impediments lie in the different obligations, restrictions and burdens attached to numbers by the 27 different national regulators and/or policy-makers.

Questionnaire on Cross border Accessibility of Phone numbers

The EU regulatory framework for electronic communications (Directive 2002/21/EC, as amended), requires numbers to be made available for all public electronic communication services1 and that the European Commissions Information and Consultation Document of 14 June 2004 on the treatment of Voice over Internet Protocol (VoIP) under the EU Regulatory Framework1, Section 7.1, stated explicitly that: Any undertaking providing or using electronic communication networks or services has the right to use numbers. ()

15. Do you perceive the inaccessibility of number ranges as a treat for the European Union's Internal Market which seeks to guarantee the free movement of goods, capital, services, and people within the EU's 27 member states? First, VON would like to point out that Member States should unconditionally grant European users access to the numbering ranges from the national numbering plan without restrictions as set forth in art. 28.1 (b) (access to numbers and services) of the Universal Service Directive: Member States shall ensure that, where technically and economically feasible, and except where a called subscriber has chosen for commercial reasons to limit access by calling parties located in specific geographical areas, relevant national authorities take all necessary steps to ensure that end users are able to: (b) access all numbers provided in the Community, regardless of the technology and devices used by the operator, including those in the national numbering plans of Member States, those from the ETNS and Universal International Freephone Numbers (UIFN). [Our emphasis added] Second, VON wants to emphasize that Article 10.4 of the Revised Framework Directive (2009/140/EC) does stipulate that: Member States shall support the harmonisation of specific numbers or numbering ranges within the Community where it promotes both the functioning of the internal market and the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter. Third, VON also wants to draw a parallel with the .eu domain name, on which Commission Vice-President Kroes underscored that there is a real appetite for a European identity on the web7. We believe that there would similarly be many benefits in the ability for users to access all national telephone numbers throughout Europe irrespective of borders.
7

Kroes, N. (2010, 2 June). Neelie Kroes EURid dinner European Parliament, Brussels. Retrieved at, http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/283.

Questionnaire on Cross border Accessibility of Phone numbers

16. Regarding to which specific number ranges would you advise to the European Commission and/or BEREC to take the required actions to improve the crossborder accessibility? Please give an explanation of these actions.