The Ministry of Transport has put forward for public discussion amendments to the Electronic Communications Law, which provide all end users with the opportunity to access mobile communication services in emergencies or states of emergency, according to information on the Legal Acts Portal, writes LETA.
The ministry explains that such an option is necessary, for example, if one of the mobile networks is damaged and there are disruptions in its operation. In this case, electronic communications operators will need to take technical and organizational measures to ensure national roaming.
Currently, there are three mobile network operators in Latvia: SIA "Latvijas mobilais telefons" (LMT), SIA "Tele2", and SIA "Bite Latvija", whose share of active SIM cards at the end of 2024 was 38.2%, 37.6%, and 24.2%, respectively.
Thus, in the event of a network failure of one operator, a significant number of users would be left without mobile communication. The ministry emphasizes that ensuring continuity of services is especially important in emergencies or states of emergency for conducting civil defense activities, ensuring emergency communication and assistance, as well as reducing panic and misinformation.
Therefore, mobile network operators are expected to be obligated to provide national roaming, which in emergencies or states of emergency will allow end users to access mobile communication services.
In the event of a network failure of one operator, national roaming can provide the opportunity to connect to another operator's network to obtain mobile communication services. For national roaming to function, the central systems of the affected operator and the interconnection for roaming between the receiving and affected operator must be operational.
At the same time, the ministry points out that when implementing national roaming, it is necessary to avoid negative impacts on competition and investment in the development of mobile networks. For example, the possibility of using national roaming in the event of a network failure may reduce operators' interest in investing in the development and resilience of their networks, which in the long term could lead to a decrease in investments and infrastructure density in less populated regions, which is especially critical in crisis situations. Therefore, the regulation proposes to establish an obligation to ensure national roaming only in emergencies or states of emergency.
According to regulations, a state of emergency is declared by the Cabinet of Ministers, which during this period has the right to restrict the rights and freedoms of state and municipal institutions, individuals, and legal entities, as well as to impose additional obligations on them. Accordingly, the Electronic Communications Law is planned to be amended to grant the Cabinet of Ministers the right to decide on the introduction of national roaming.
Thus, the law is expected to establish that mobile network operators provide national roaming if a state of emergency or state of emergency is declared in the country and the Cabinet of Ministers has decided to introduce it.
At the same time, in order not to create a financial burden, mobile network operators providing national roaming must offer services within the existing network capacity according to the available technology, as is currently done for foreign roaming subscribers. Considering that providing national roaming will incur costs for operators comparable to those of international roaming in the European Economic Area, the Electronic Communications Law provides operators with the right to set an appropriate fee for national roaming services.
The amendments provide mobile network operators the right to apply in mutual settlements for the services provided under national roaming a fee not exceeding the wholesale rates established by the European Union regulation on roaming in public mobile communications networks.
