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Chronicles

The story behind the story

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EU cell phone users to have limited online surfing

BRUSSELS -  —  Mobile phone operators must now limit how much they charge customers for using the Internet within the European Union, after new rules went into effect Monday.  —  Customers have until July 1 to set a maximum monthly cost …

Associated Press Leslie Patton

Context & Ripple Effects

Brussels has moved from structuring Europe's mobile markets to directly policing their price tags. As far back as January 2008 the EU was pushing region-wide spectrum harmonisation to create economies of scale, over Ofcom's objections to its more liberalised UK approach.

Today's rules extend that intervention from inputs to bills: mobile operators must now limit what they charge customers for surfing the internet within the EU, and every customer has until July 1, 2010 to set a personal maximum monthly cost.

First-order effects

  • EU mobile operators must immediately reprice or cap data tariffs under the new regime, and must build the opt-in monthly spending ceiling for customers before the July 1 deadline.
  • Consumers get a hard backstop against runaway data bills, with the operator — not just the user — responsible for enforcing the chosen limit.

Second-order effects

  • Operators lose the opaque, high-margin end of intra-EU data pricing and face pressure toward simpler, flat-rate structures whose compliance costs fall hardest on smaller carriers.
  • Rival national regulators, notably Ofcom with its liberalised stance, must weigh whether Brussels' price-cap template should override nationally tailored approaches.

Third-order effects

  • If the pattern holds, the EU's toolkit for mobile markets shifts from competition policy and spectrum design toward standing retail price regulation — a precedent that could be extended to other cross-border telecom services if the Commission judges competition insufficient.

The trend: The EU is drifting from liberalising its telecom markets toward direct regulatory control of consumer prices in mobile services, with data caps as an early test case.