Can I share my mobile data with other devices? And use the SIM in a router? Is it legal for them to limit streaming video quality? These are common questions among users of unlimited mobile plans, and the answers are becoming clearer thanks to European regulations on Net Neutrality, and the interpretation by the Secretariat of State for Telecommunications and Digital Infrastructures (SETELECO) in Spain.
Right to Tethering: Carriers Cannot Prohibit It
Tethering, or sharing internet from a mobile device with other devices (via WiFi, Bluetooth, or USB), is a legitimate feature to make use of contracted data, especially useful in situations like remote work or travel. However, some carriers have attempted to restrict this usage in their contracts, arguing that mobile plans should not replace fixed connections.
SETELECO has made its position clear: limiting tethering is contrary to Net Neutrality and would only be acceptable as a temporary and exceptional measure during network congestion.
“Offers that included a limitation on data sharing […] have been deemed contrary to the regulations,” states SETELECO’s annual report.
In 2020, a carrier was required to remove this clause from its contracts. While the name is not mentioned, all signs point to Orange, whose “Unlimited” plan had restrictions in this regard and removed them following the ruling.
Using the SIM in Routers: Allowed by Law
Many carriers prohibit in their terms the use of mobile data SIMs in devices other than smartphones, such as 4G/5G routers. The goal: to prevent users from using these plans as a substitute for a fixed home connection.
However, the TSM Regulation (EU 2015/2120), specifically Article 3.1, recognizes the user’s right to use the terminal equipment of their choice. And SETELECO supports this:
“Limitations on the use of the SIM card in certain devices have been considered contrary to the regulations.”
A restriction would only be justified if the device were intended to resell traffic or generate improper use of the service. Therefore, using the SIM in a personal router cannot limit speed nor be penalized.
Video Streaming: Can They Limit Quality?
Another controversial practice is limiting traffic speed when it is detected to come from services like YouTube or Netflix. Some carriers claim they do not reduce speed but apply techniques such as Adaptive Bit Rate (ABR), which adjusts the video’s resolution to the type of device or connection.
But according to the new guidelines from BEREC (Body of European Regulators for Electronic Communications), this practice is only allowed if it does not discriminate by content type and does not modify the original content.
Therefore, restricting streaming to HD or 4K based on the plan, as some companies do, is illegal if applied generally and without specific technical justification.
What if My Carrier Imposes One of These Restrictions?
In all these cases, users can approach the Telecommunications User Support Office of the Ministry, commonly known as Usuarios Teleco, to file a formal complaint. This agency has already ruled in favor of consumers in several cases, urging carriers to modify their contracts.
Conclusion: Your Rights Are Protected, Even if You Need to Claim Them
Unlimited plans should not have hidden limits or covert techniques to reduce the contracted service. Thanks to European legislation and the work of SETELECO, users have tools to defend their rights against abusive practices by some carriers.
In summary:
- You can tether without restrictions.
- You can use the SIM in a personal router.
- The quality of video should not be limited generally.
And if your company does not respect this, you have the right to complain… and to win.
Sources Consulted:
- Regulation (EU) 2015/2120 on Net Neutrality
- Annual Report of SETELECO
- BEREC Guidelines on Traffic Management and Internet Access
- Original article at bandaancha.eu