Page 146 - SAMENA Trends - February-March 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

The MTC issued five resolutions amending the relevant Resolution No. 038-2021-MTC / 27.02); Canete
elements of the operators’ licenses covering the province, Lima (Claro, Resolution No. 036-2021-MTC /
following areas: Ancash, Arequipa, Ica, La Libertad, 27.02); the provinces of Lima, Callao and San Roman
Lambayeque, Piura, Tacna, Lima and Callao (Entel, (Claro, Resolution No. 034-2021-MTC / 27.02); and 111
Resolution No. 037-2021-MTC / 27.02); Arequipa, Ica, provinces in various departments (Claro, Resolution
Lambayeque, La Libertad, Lima and Callao (Americatel, No. 035-2021-MTC / 27.02). (March 3, 2021) commsupdate.com

The new Anti-Red Tape Authority (ARTA) has Government Service Delivery Act of 2018’ the said
reportedly instructed the regulator, the National application or request for assignment of concomitant
Telecommunications Commission (NTC), to assign frequencies for the exercise of NOW Telecom’s CMTS
frequencies to NOW Telecom so that it can operate [application] as attested to in NOW Telecom’s Affidavit
Philippines cellular mobile telephony services (CMTS) in the of Completeness is hereby DECLARED COMPLETE,
country. Under an order dated 1 March, ARTA has
and is now deemed AUTOMATICALLY APPROVED by
apparently called for the ‘automatic approval for operation of law,’ ARTA’s order read. For its part, NOW
the assignment by the NTC of certain frequencies Telecom pointed out that ARTA’s order automatically
which NOW Telecom needs as a CMTS licensee’. approves its application for a provisional authority to
Local press reports point out that the agency says operate using a certain frequency range. ‘As a result
that the regulator has failed to approve or deny NOW of ARTA’s order of automatic approval, NOW Telecom
Telecom’s application since January 2006 despite the is assigned 220MHz radio frequencies, including 5G
applicant having provided all necessary documents frequencies, for mobile and fixed-wireless by operation
and fees. ‘Thus, under Section 10 of Republic Act No. of law,’ it said.
11302 or the ‘Ease of Doing Business and Efficient (March 4, 2021) commsupdate.com

The Competition Council has announced that it is a much higher tariff compared to the that of previous
investigating Telekom Romania Communications for year for issuing the necessary construction approvals,’
potentially abusing its dominant market position. The the Competition Council explained in a statement.
operator is suspected of arbitrarily increasing tariffs in Although the Council has carried out unannounced
Romania 2019 for issuing technical approvals for construction inspections at the operator’s headquarters and seized
documents, it stressed the investigation is at an early
projects. ‘In order to obtain a building authorization,
there are required approvals from administrators/ stage and no wrongdoing has yet been established.
providers of urban utilities, called emplacement However, should it conclude that the company has
approvals. These approvals, listed in the town planning breached competition rules, Telekom is liable for a fine
certificate, are necessary to set whether the proposed of up to 10% of its turnover. Such an outcome could
construction does not create difficulties in operation potentially hinder Greek telco OTE’s deal, announced
of municipal networks. The operators issue these in November 2020, to sell its 54% stake in Telekom
approvals for a fee. Thus, the competition authority has Romania Communications to Orange Group for EUR268
clues that, without having an economic justification, million (USD318.9 million).
Telekom Romania Communications imposed, in 2019, (March 22, 2021) commsupdate.com

The Ministry of Digital Development, Communications may extend 3.5GHz fixed-wireless permits beyond this
& Mass Media issued a statement confirming that month on a temporary basis only, whilst the spectrum
government agencies have not yet agreed on the is expected to be refarmed for 5G mobile usage at a
extension of existing fixed-wireless broadband later date. The Ministry said that ‘less than 100,000
Russia frequency licenses used in a number of regions to subscribers use these frequencies on a regular basis’,
while noting that it is working with telecoms operators
provide residential internet services, noting that
‘discussions on possible conditions for the renewal of on ‘measures to prevent the disconnection of these
these permits are ongoing.’ The spectrum in question subscribers by organizing their connection in other
is in the 3.5GHz band, held on a regional basis by ways’. The statement added that ‘subscribers will
operators including Rostelecom’s subsidiary FreshTel, be disconnected only if there is an alternative way of
MegaFon (via Neosprint/Synterra), ER-Telecom (via their access to the internet on terms no worse than
Prestige Internet) and TransTeleCom (TTK). The State those previously provided.’ Maksut Shadayev, Minister
Commission for Radio Frequencies (SCRF) has hinted it of Digital Development, Communications and Mass

146 FEB-MAR 2021