a) request for providing proof of the prevalent place of residence or of permanent links with Romania
Your provider may request a proof of the fact that your prevalent place of residence is in Romania or of your permanent links with Romania. Such proof may be requested irrespective of your being a prepaid card user, excepting the situation described in Section 10 b).
Permanent links with Romania are considered to have those who – irrespective of nationality – are in the country for various purposes, such as: carrying out an independent activity, a labour contract (including cross-border commuters or posted workers), participation in a study programme, etc.
Providers cannot deny your purchasing a tariff plan for the only reason that you have failed to present, upon request, a proof of your prevalent place of residence or the existence of permanent links with Romania.
However, if you use mostly roaming services, your provider may request a proof of the fact that your prevalent place of residence is in Romania or of your permanent links with Romania, and – if you fail to present such proof – may levy surcharges for EU/EEA roaming, in addition to the national charges. Surcharges are levied immediately after the expiry of the deadline for presenting the above-mentioned proof.
b) monitor mobile service consumption (calls, SMS and data) and presence (connection to the network) at national level, respectively in EU/EEA roaming, in order to determine prevalence.
The period during which your provider may monitor these 2 objective indicators – mobile service consumption (calls, SMS and data) and presence (connection to the network) – cannot be shorter than 4 months.
Your provider will decide the mobile services to be monitored (calls, SMS, data), and the measures presented below will be applicable only for the respective services.
Any day on which you connect in Romania to your provider’s network will be counted as a day of national presence. For Fair Use Policy purposes, mobile service consumption and presence (connection to a network) in roaming outside the EU/EEA will be assimilated with national ones.
Your provider may start a new monitoring period every day, as it has no obligation to wait for the completion of a monitoring period to start a new one.
Your provider DOES NOT monitor the content of your communications made/sent or received by means of mobile services.
If, during a monitoring period of at least 4 months, you register – on a specific SIM card – cumulatively, both mobile services consumption and presence (network connection) that prevail in EU/EEA roaming compared to the national level, your provider will send you a notification and afterwards may apply surcharges, in addition to the national tariffs, for subsequent EU/EEA roaming consumption.
By this notification, the provider will grant you a period, which cannot be shorter than two weeks, to change your usage behaviour.
In response to this notification, you have the right to provide evidence that you are not using the EU/EEA roaming service for other purposes than for regular trips.
It is considered that you have changed your usage behaviour if, within the term specified by the provider in the above-mentioned notification, the consumption of mobile services or the presence registered at national level are higher than the ones registered in EU/EEA roaming.
If, within the term specified by the provider in the above-mentioned notification, you have not changed your usage behaviour, then surcharges may be applied, in addition to the national tariffs, for EU/EEA roaming consumption registered from the moment of sending the notification.
Your provider has the obligation to cease applying the surcharges as soon as you have changed your usage behaviour, as assessed by monitoring the same objective indicators – mobile services consumption and presence (network connection). The monitoring period with a view to ceasing the application of the surcharges cannot be longer than the one that determined their application.
These clarifications are also applicable to the situation where you have presented, upon the provider’s request, a proof of your prevalent place of residence or of your permanent links with Romania.
c) monitor (in)activity to determine if there is a long period of inactivity of a SIM card, associated with a predominant or even exclusive use in EU/EEA roaming;
Your provider can monitor the activity periods of SIM cards. ANCOM recommended the providers that in this case the monitoring period should not be less than 4 months.
The clarifications from letter b), above, are valid also in this case.
d) monitor activity to determine whether you have purchased and successively used several SIM cards in EU/EEA roaming;
If the provider finds that you are in such a situation, you can be applied surcharges, in addition to the national tariffs, for the subsequent EU/EEA roaming consumption registered on all the SIM cards you have purchased from it.