Page 134 - SAMENA Trends - February-March 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

Bulgaria’s telecommunications authority the legal options before proceeding with the spectrum
Communications Regulation Commission (CRC) awards. Following determination of all legal options
has announced that it will hold a ‘secret’ bidding and obtaining the consent of all interested parties, the
tender for 5G-suitable spectrum in the 3.6GHz band CRC revoked Decision 94 of 10 March 2021 and set 6
Bulgaria on 6 April 2021. The regulator initially planned to April as the new date for the 5G tender. The regulator
distribute the airwaves via an auction (slated for 15 is aiming to grant three nationwide permits for a term
March) but cancelled the procedure after it transpired of 20 years; each license will allow the holder to utilize
that the spectrum could be distributed without one; one unpaired 100MHz block in the band (3500MHz-
however, Vivacom submitted a legal appeal against 3600MHz, 3600MHz-3700MHz or 3700MHz-
the regulator’s decision to halt the auction, with the 3800MHz).
CRC stating at the time that it needed to consider all (March 18, 2021) commsupdate.com

Cambodia has approved the establishment of a the NIG, as well as terrestrial cross-border network
National Internet Gateway (NIG) through which all of infrastructure. It will have to install and configure the
the country’s domestic and international internet traffic routers, switches and other network equipment to
will be routed and managed. Phnom Penh Post reports ensure the quality and security of network connections
Cambodia that a sub-decree signed by Prime Minister Hun Sen on or peering facilities for NIG and operators of [other]
16 February claims that the gateway will facilitate and international gateways.’ It must also cooperate with
manage internet traffic, ensure effective and efficient the MPTC, TRC and other relevant authorities and ‘take
national revenue collection, protect national security immediate action to block or disconnect any network
and ensure social order. The NIG will incorporate and connection that affects national revenue, security, social
manage the Domestic Internet Exchange (DIX) and order, et cetera’. In July 2020 the government proposed
the International Internet Gateway (IIG), to be located the establishment of a NIG to facilitate and manage
in Phnom Penh, Sihanoukville, Poipet, Bavet and domestic and international internet connections. The
other locations based on demand and as approved plans were criticized by the Asia Internet Coalition
by the Ministry of Posts and Telecommunications (AIC), which stated that the move poses serious risks
Cambodia (MPTC). Parties interested in operating the to businesses and internet platforms. It added that it
NIG have been invited to apply for a license from the would undermine citizens’ rights to internet access,
Telecommunication Regulator of Cambodia (TRC). The raising grave concerns about freedom of expression,
appointed operator would be required to ‘manage and media censorship, user privacy, deteriorating internet
facilitate connections and the use of infrastructure, speed and increasing cybersecurity risks.
network and internet services at all instances of (February 18, 2021) commsupdate.com

Canadian alternative ISP TekSavvy welcomed a decision TekSavvy highlights that despite the Federal Court of
from the Supreme Court declining to hear appeals Appeal’s rejection of the incumbents’ appeals, the
by Canada’s largest telecoms and cable companies CRTC issued a new decision declining to implement its
(including Bell and Rogers), who sought to overturn a own wholesale order, and allowed the large carriers to
Canada 2019 decision from the Canadian Radio-television and continue charging higher rates. Therefore, TekSavvy is
Telecommunications Commission (CRTC) lowering the challenging the CRTC’s stay decision, calling it ‘flawed
wholesale internet rates the large carriers charge smaller and unreasonable’. TekSavvy added in a statement that
competitors. The Supreme Court also ordered the large the existing wholesale price framework has forced it to
carriers to pay TekSavvy’s legal costs, following an raise its own prices, warning that ‘the CRTC’s failure to
earlier, unanimous decision from the Federal Court of act is hostile to independent investment.’
Appeal rejecting the large carriers’ appeals with costs, (February 26, 2021) commsupdate.com
noting the big firms’ arguments were of ‘dubious merit’.

Chilean telecoms watchdog the Department of bid fell short whilst would-be newcomer Borealnet
Telecommunications (SUBTEL) has published the bowed out after losing the tiebreaker auctions for
results of the final tiebreaker auction of its 5G spectrum frequencies in the 700MHz and AWS bands to WOM.
tender process, naming Movistar, Entel and WOM as the According to SUBTEL, the economic offers submitted
Chile winners. Each of the trio was awarded a 50MHz tranche by the companies amounted to around CLP117 billion
(USD162.7 million) for Movistar, CLP100 billion from
of 3500MHz spectrum. Of the other two bidders, Claro’s
134 FEB-MAR 2021