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Home Data Protection & Digital Roaming Regulation (recast)

Article 2

Definitions

1.   For the purposes of this Regulation, the definitions set out in Article 2 of the Access Directive, Article 2 of the Framework Directive, and Article 2 of the Universal Service Directive shall apply.

2.   In addition to the definitions referred to in paragraph 1, the following definitions shall apply:

(a)

'roaming provider' means an undertaking that provides a roaming customer with regulated retail roaming services;

(b)

'domestic provider' means an undertaking that provides a roaming customer with domestic mobile communications services;

(c)

'alternative roaming provider' means a roaming provider different from the domestic provider;

(d)

'home network' means a public communications network located within a Member State and used by the roaming provider for the provision of regulated retail roaming services to a roaming customer;

(e)

'visited network' means a terrestrial public mobile communications network situated in a Member State other than that of the roaming customer's domestic provider that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator;

(f)

'Union-wide roaming' means the use of a mobile device by a roaming customer to make or receive intra-Union calls, to send or receive intra-Union SMS messages, or to use packet switched data communications, while in a Member State other than that in which the network of the domestic provider is located, by means of arrangements between the home network operator and the visited network operator;

(g)

'roaming customer' means a customer of a roaming provider of regulated roaming services, by means of a terrestrial public mobile communications network situated in the Union, whose contract or arrangement with that roaming provider permits Union-wide roaming;

(h)

'regulated roaming call' means a mobile voice telephony call made by a roaming customer, originating on a visited network and terminating on a public communications network within the Union or received by a roaming customer, originating on a public communications network within the Union and terminating on a visited network;

(i)

'euro-voice tariff' means any tariff not exceeding the maximum charge provided for in Article 8, which a roaming provider may levy for the provision of regulated roaming calls in accordance with that Article;

(j)

'SMS message' means a Short Message Service text message, composed principally of alphabetical and/or numerical characters, capable of being sent between mobile and/or fixed numbers assigned in accordance with national numbering plans;

(k)

'regulated roaming SMS message' means an SMS message sent by a roaming customer, originating on a visited network and terminating on a public communications network within the Union or received by a roaming customer, originating on a public communications network within the Union and terminating on a visited network;

(l)

'euro-SMS tariff' means any tariff not exceeding the maximum charge provided for in Article 10, which a roaming provider may levy for the provision of regulated roaming SMS messages in accordance with that Article;

(m)

'regulated data roaming service' means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the transmission and receipt of MMS messages;

(n)

'euro-data tariff' means any tariff not exceeding the maximum charge provided for in Article 13, which a roaming provider may levy for the provision of regulated data roaming services in accordance with that Article;

(o)

'wholesale roaming access' means direct wholesale roaming access or wholesale roaming resale access;

(p)

'direct wholesale roaming access' means the making available of facilities and/or services by a mobile network operator to another undertaking, under defined conditions, for the purpose of that other undertaking providing regulated roaming services to roaming customers;

(q)

'wholesale roaming resale access' means the provision of roaming services on a wholesale basis by a mobile network operator different from the visited network operator to another undertaking for the purpose of that other undertaking providing regulated roaming services to roaming customers.

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