|Investigation into||Lycamobile UK Limited (‘Lycamobile’)|
|Case opened||20 October 2017|
|Case closed||08 March 2019|
This investigation found that Lycamobile failed to comply with the roaming regulations by:
|Relevant legal provision(s)||
Articles 6a, 6b, and 6e of the Roaming Regulation and Article 4 of the Commission Implementing Regulation (EU) 2016/2286.
Ofcom has today published a non-confidential version of the confirmation decision issued to Lycamobile on 8 March 2019:
Ofcom has today issued a Confirmation Decision to Lycamobile under Regulation 4A of the Mobile Roaming (European Communities) Regulations 2007 for contraventions of Articles 6a, 6b and 6e of the Roaming Regulation and Article 4 of the Commission Implementing Regulation (EU) 2016/2286 (CIR). Specifically, Ofcom has found that Lycamobile contravened:
To the extent it has not already done so, Lyca is required to ensure that:
Within three months and one week from the issuing of our Confirmation Decision, Lyca must confirm to Ofcom that it has issued the refunds set out in the fourth bullet point above and provide figures for the total number of customers refunded and the total amount refunded.
A non-confidential version of the Confirmation Decision will be prepared and published shortly.
Following an investigation, Ofcom has provisionally determined that there are reasonable grounds for believing that from 15 June 2017 to present, Lycamobile has contravened, and is continuing to contravene the Roaming Regulations (Regulation (EU) 531/2012 (Roaming Regulation) and the related Commission Implementing Regulation (EU) 2016/2286 (CIR)).
Ofcom has therefore issued a Notification to Lycamobile under Regulation 3 of the Mobile Roaming (European Communities) Regulations 2007 (UK Regulations).
Specifically, Ofcom has reasonable grounds to believe that Lycamobile has contravened, and is continuing to contravene:
Lycamobile now has an opportunity to make representations to Ofcom on the matters contained in the Notification before Ofcom makes a final decision in accordance with Regulation 4A of the UK Regulations.
We aim to reach our final decision in this case in autumn 2018 and will publish our findings accordingly.
Following our consideration of information provided by Lycamobile, we have revised the scope of the investigation.
We have decided not to continue our investigation into whether Lycamobile requiring SIM cards to be first used in the home country is a breach of the Regulations. We are making no findings on this issue and reserving our position.
The investigation continues to examine whether there are reasonable grounds to believe that Lycamobile has failed to comply with the Regulations by:
Following consideration of information provided by Lycamobile in response to Ofcom’s initial enquiries, Ofcom has decided to open an investigation into Lycamobile’s compliance with the Roaming Regulation and CIR (the “Regulations”).
Article 6a of the Roaming Regulation places an obligation on roaming providers not to apply a surcharge in addition to domestic retail prices for the use of regulated roaming services or a general charge for enabling roaming, subject to a fair use policy or authorisation from the national regulatory authority. Article 6b of the Roaming Regulation and Article 4 of the CIR set out a roaming provider’s ability to apply a fair use policy for using roaming services, including fair use data limits. Article 6e of the Roaming Regulation caps the maximum surcharge a roaming provider can apply for using regulated roaming services in excess of any limits under a fair use policy.
The investigation will examine whether there are reasonable grounds to believe that Lycamobile has failed to comply with the Regulations by:
We aim to reach a provisional decision in this investigation by the end of April 2018.
Tom Cherry (email: firstname.lastname@example.org)