An update on the regulation of Mobile Voice Services

An update on the regulation of Mobile Voice Services

REGULATION: a mandatory step

In the implementation of Mobile Voice Services with our operator partners, there is an important step that cannot be ignored: the validation of feasibility from a legal point of view.

As already explained in our article “5 Steps to Implement Mobile Voice Services“, the first step is the feasibility study and this includes a topo on the regulations in force.

As in all projects, it is essential to be in compliance with the law and any failure to do so is unforgivable and can have disastrous consequences (badbuzz, fines, project suspension etc.). For this purpose, the lawyers of the operator partners are essential people for the implementation of Mobile Voice Services and at The Mobile Concept, we also provide our experts to assist you on this sometimes delicate subject.

IDENTIFICATION: who are the main actors?

In the French market, there are several players with an impact on regulation around Mobile Voice Services. We present you with a brief description of the roles and responsibilities of each:

1. ARCEP

This is the Regulatory Authority for Electronic Communications and Posts. It is
what is known as an independent administrative authority and is headed by a college of seven members appointed by the French political authorities. Among its missions, the regulation of the telecoms market is the most important and its power is both to award new contracts, create directives and sanction operators for non-compliance with its provisions. For more information, visit the ARCEP website.

2. AFMM

It is the French Association of Mobile Multimedia and brings together all the
players in the value-added services market (content providers, operators, aggregators, etc.) and which has established a code of ethics relating to best practices for Value-Added Services (Multimedia). Its missions include providing monitoring services and ethical actions to operators and providing information to consumers. The AFMM has set up the infosva.org website to report fraudulent practices by certain actors and guide consumers in their choices. For more information, visit the AFMM website.

3. CNIL

It is the National Commission for Information Technology and Liberties. It is also about
an administrative authority whose mission is to ensure that “information technology is at the service of the citizen and does not infringe human identity, human rights, privacy or individual or public freedoms”. Its 6 missions are (Inform, Regulate, Protect, Control, Sanction, Anticipate) and its main field of action is to guarantee the respect of privacy and consequently the proper processing of users’ data by companies. For more information, visit the CNIL website.

THE PROOF: what we have done in France

Once the main actors are identified, it is a question of knowing which regulations apply to the project, in our case Mobile Voice Services are governed by two main pillars:

  • The strictly legal part governed by ARCEP and the various successive laws related to the telecommunications sector relating to content and value-added services
  • The deontological part governed by the AFMM, which has set up a charter of good conduct with recommendations to be applied for all content publishers and to which The Mobile Concept complies

In the case of France, The Mobile Concept has identified several important points with which we comply and we invite partner operators to implement our recommendations. Here are the main elements:

  • The implementation of a Free Tariff Information Message (MGIT): this is a 10-second message delivered to the customer who calls our services to inform him of the pricing of the service. This 10 second message announces the price of the upcoming service after the end of the message punctuated by a “BIP”. It is not charged to the customer and avoids the qui-pro-quo as to the price of the service.
  • Compliance with the tariff level in force in France for this type of service
  • The implementation of Quality of Service (QoS) criteria such as fee-for-service billing, call disconnection at the end of service delivery, data collection etc.

IN CONCLUSION: it is essential but simple

The analysis of the regulatory framework can be frightening, but it is nevertheless simple to formalize and its application is easy to set up, as long as you are accompanied by your referent lawyer. In any case, at The Mobile Concept we are committed to providing you with all these elements during discussions on the implementation of our Mobile Voice Services.

You also want to set up Mobile Voice Services and would like to be supported on the legal side in your country? Contact us via chat or form!