The EC has set out the legal situation for electronic communications providers across the EU and the UK in light of Brexit.
The transition period is coming to an end: The UK will formally leave the European Union on 31 December 2020. On 7 July 2020, the European Commission published ‘notices of readiness’ to remind businesses which rules will apply, or cease to apply from 1 January 2021. One of these notices relates to the electronic communications sector.
UK operators will need an EU establishment for the authorisation regime: After the end of the transition period, operators in the United Kingdom will cease to benefit from the ‘general authorisation regime’, which gives EU operators the freedom to operate in any EU state without having an establishment there. Hence, those providers will need an establishment in the European Union in order to benefit from the general authorisation regime within the EU Member States.
Wholesale and retail price regulation falls away: The UK will no longer be bound to EU rules on cost-oriented call termination rates, or to the caps for intra-EU retail calls and texts (currently €0.19/min and €0.06 per SMS). This means operators on both sides will be left to negotiate rates with one another, which some fear could lead to an increase in retail prices for those services.
The end of roam-like-at-home for UK consumers? Similarly, the relationship between EU and UK operators with regard to roaming will no longer be subject to the EU Roaming Regulation. This means that wholesale and retail roaming prices will be left to commercial negotiation, and consumers on both sides could see the return of roaming surcharges when travelling from the UK to the EU or vice versa. It is worth noting that UK operators have so far generally committed to avoid reintroducing roaming surcharges – however there is no guarantee that they will be able to do so for every EU country.
