BEREC Opinion on BNetzA request on providing wholesale roaming access
BEREC considers that the Roaming Regulation covers roaming services provided by Transatel via a 901 IMSI for EU/EEA customers  with a home network that is located in an EU Member State. BEREC is of the view that Telefónica’s requests to ask Transatel to provide information about the place of residence of all of its customers, that would generate traffic on Telefónica’s network, individually goes beyond what is intended in the Roaming Regulation, so that a draft contract has to be provided in any case before entering into further discussions. Other details of the contract before reaching an agreement can be negotiated after the draft contract is provided to the access seeker.BEREC is of the view that Transatel may implement measures intending to ensure the use of regulated roaming services on Telefonica’s network in compliance with the Roaming Regulation. Telefónica should have the right to ask for a review; this can be carried out by an independent third party such as a private audit or NRA based on Article 17 (1) of the Roaming Regulation.
 This opinion is limited to assessing whether an operator providing services via 901 IMSI may request roaming access under the Roaming Regulation. Therefore, this opinion does not analyse which kind of numbering is used by the access seeker to address subscribers for the particular services (i.e voice, SMS or data). For instance regarding SMS services, the numbers used are related to the national E.164 numbering plans (see Roaming Regulation Article 2 (2) (j))