Brendan Kenneally (Waterford, Fianna Fail)
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Question 309: To ask the Minister for Communications, Energy and Natural Resources the regulations governing the content of any message sent by network providers to mobile phones when a frontier is crossed; and if he will make a statement on the matter. [44313/09]

Eamon Ryan (Dublin South, Green Party)
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Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC, requires mobile telephone service providers to alert customers by means of a message service of the charges for making or receiving voice calls each time a customer travels to another Member State with an active roaming mobile telephony service. The notification must also provide a free of charge telephone number where more detailed charging data can be accessed.

Regulation (EC) No 544/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 717/2007 on roaming on public mobile telephone networks within the Community, and amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks, extends the notification requirement in the previous Regulation, which applied to voice services, to include notification of roaming charges for Short Messaging Services (SMS) and data services.

These Regulations are directly applicable and binding on mobile telephone service providers. The Communications (Mobile Telephone Roaming) Regulations, S.I. No. 792/2007, implements in Ireland an obligation addressed to Member States in Regulation (EC) No 717/2007 to create offences for mobile telephone service providers who do not comply with the obligations arising.