Page 93 - SAMENA Trends - December 2020

REGULATORY & POLICY UPDATES SAMENA TRENDS

Sweden’s Post and Telecom Agency (Post & Sweden’s Court of Appeal is allowing the country’s
Telestyrelsen, PTS) has confirmed that the process 5G spectrum auction to proceed despite an earlier
of frequency assignment in the 3.5GHz and 2.3GHz legal challenge from Chinese vendor Huawei, which
bands will resume on 19 January 2021. In November had led to the postponement of the sale last month.
Sweden the regulator decided to pause the 5G spectrum license On 10 November the Post and Telecom Agency (Post
auction after an Administrative Court in Stockholm & Telestyrelsen, PTS) halted the auction after an
upheld Huawei’s appeal against license conditions Administrative Court in Stockholm upheld Huawei’s
which barred winning bidders from using its equipment appeal against the license conditions which barred
in their 5G networks. Since the Court of Appeal has now winning bidders from using its equipment in their
decided that the PTS’ conditions regarding Huawei shall 5G networks. The clause had been included against
apply pending the judicial review of PTS’ decision, the Huawei and another Chinese vendor, ZTE, due to
authority will resume the auction. The PTS stated that security concerns. In a statement the PTS says that
it has been in contact with the participating players and it welcomes the Court of Appeal decision, adding:
announced that the auction will begin on 19 January, ‘With this ruling, there are conditions for conducting
adding that: ‘the frequency allocation in the 3.5GHz and the auction in the near future. However, PTS needs to
2.3GHz bands is crucial for 5G development in Sweden contact the participating actors. This means that the
and affects the digitalization of society. Therefore, PTS auction will not now start in December.’
holds the auction despite the fact that the conditions (December 17, 2020) commsupdate.com
must be tried legally.’ (December 21, 2020) commsupdate.com

The Competition Commission (Wettbewerbs- has confirmed that it will file an objection against the
kommission, WEKO) has opened an investigation precautionary measures imposed by WEKO. Defending
into state-owned full-service provider Swisscom. its position, the provider claimed that it was engaged
In a statement from WEKO, the regulator noted in ‘intensive competition’ with alternative providers in
that there was a risk that Swisscom may exclude the construction and operation of broadband networks,
Switzerland competitors from the market though its current and that it offers a wide variety of wholesale options
fiber network expansion program. Elaborating on its for its competitors. Regarding WEKO’s accusations,
concerns, WEKO explained that the infrastructure Swisscom stated that its expansion of fiber-to-
development ‘changes the structure of the network the-home (FTTH) infrastructure relies on point-to-
in areas that it is expanding on its own in such a way multipoint architecture and therefore still enables
that competitors no longer have direct access to the competition. The rollout method is also faster and more
network infrastructure.’ Consequently, end users could cost-efficient, Swisscom argued, adding that both end-
be restricted in their choice of providers and products. users and wholesale customers will benefit from the
WEKO added that – based on the information currently upgrade by purchasing wholesale upstream products.
available to it – it ‘appears credible’ that Swisscom is Swisscom is currently in the process of expanding its
abusing its dominant market position and, as such, FTTH network with the goal of doubling the number of
the regulator has prohibited Swisscom from denying connections to more than 3.0 million by 2025. By that
access to continuous lines to competitors as a date between 50% and 60% of Swiss homes would have
precautionary measure. The regulator has launched access to bandwidth of up to 10Gbps, whilst 30% to
an investigation to determine in depth the extent to 40% of the households would have access to download
which Swisscom is abusing its market position. For speeds of between 300Mbps and 500Mbps.
its part, Swisscom has rebuffed the accusation and (December 18, 2020) commsupdate.com

The telecoms regulator OFCOM has announced that of the COVID-19 pandemic’. To that end, the regulator
four applicants have qualified to participate in the said it planned to work with all interested bidders to
upcoming 700MHz and 3.6GHz-3.8GHz spectrum ensure the auction can proceed in a safe and secure
award process. The companies have been named way, with a view to starting bidding in mid-January
United as EE, Hutchison 3G UK, Telefonica UK (operating as 2021. The frequency bands are likely to be used by
mobile network operators to deliver a range of services,
O2) and Vodafone. Last month OFCOM finalized the
Kingdom regulations relating to the planned award of spectrum including 5G mobile. (December 21, 2020) commsupdate.com
in the 700MHz and 3.6GHz-3.8GHz bands, saying it
would proceed with preparations to hold the auction The telecom regulator OFCOM has launched a
‘as soon as it is reasonably practicable to do so in light consultation on a proposed approach to ensuring

93 DECEMBER 2020