Page 130 - SAMENA Trends - January-February 2023

REGULATORY & POLICY UPDATES SAMENA TRENDS

priority assistance to customers who have a life- a review of the Australian Competition and Consumer
threatening medical condition, and once identified, Commission’s (ACCC’s) decision not to authorize
must have systems in place to provide those customers proposed regional mobile network arrangements
with additional levels of service. However, an ACMA between the two operators. Last month it was
investigation found the operator had failed to: send announced that the ACCC had opted not to permit a
priority assistance application forms and/or required regional network deal between Telstra and TPG on the
additional information on more than 260 occasions grounds that the proposed arrangements could impact
to customers who had made contact to enquire about competition in the mobile sector. Now, as part of both
priority assistance; initiate ‘emergency medical request’ telcos’ applications, the pair have each called on the
procedures on five occasions; and follow processes Tribunal to set aside the ACCC’s determination and grant
for ‘enhanced service reliability’ on one occasion. In ‘unconditional merger authorization’. In their respective
addition to the ACMA’s investigation findings, Telstra – and identical – applications, both companies cited
also reported that there were 740 other instances grievances with the ACCC’s ruling, arguing that the
where it had been unable to locate records of whether regulator had ‘incorrectly concluded that authorization
priority assistance paperwork was sent. Now, under the should not be granted on the basis that the Commission
court-enforceable undertaking Telstra will implement could not be satisfied that the deemed acquisition
new systems to address the deficiencies in its existing would not have the effect, or would not be likely to have
procedures to ensure customers requiring priority the effect, of substantially lessening competition in
assistance are provided with the required information relevant markets’. Further, the cellcos have also claimed
and can easily register for the service. Further, the that the ACCC incorrectly concluded that it could not be
telco has reportedly increased the monitoring of staff satisfied that the network deal would result in a benefit
who handle priority assistance communications to to the public that would outweigh the detriment to the
ensure the correct steps are followed. Should Telstra public. It is understood that the ACT must now rule on
fail to comply with the conditions of the enforceable the matter within 90 days, though this period for a ruling
undertaking, meanwhile, the ACMA may consider can be extended to 120 days should the Tribunal call for
commencing Federal Court proceedings. additional information.
(February 8, 2023) www.commsupdate.com (January 16, 2023) www.commsupdate.com
Telstra and TPG have both lodged applications with
the Australian Competition Tribunal (ACT) calling for

President of the Republic of Azerbaijan Ilham Aliyev has individuals will be fined from 300 ($176.4) to 400 manat
signed a Law amending the Telecommunications Law, ($235.2), officials – from 1,000 ($588) to 1,500 manat
Trend reports. Following the amendments, the mobile ($882), legal entities – from 3,000 ($1,764) to 4,000
device registration should be carried out in the manner manat ($2,352) if the above requirement is violated. If
Azerbaijan prescribed by the relevant executive authority. In order a person who has been given an administrative penalty
to prevent avoiding mobile device registration, it's commits the repeated offense within one year from
prohibited to change or copy the device's IMEI number the date of the relevant decision's entering into force,
(International Mobile Equipment Identity), as well as individuals will be fined from 600 ($352.8) to 800 manat
provide telecommunications services to the devices, ($470.4), officials – from 2,000 ($1,176) to 2,500 manat
IMEI numbers of which are blacklisted. In addition, ($1,470), and legal entities – from 9,000 ($5,292) to
President Ilham Aliyev has signed a Law amending the 12,000 manat ($7,056). The law will enter into force on
Administrative Offenses Code. According to the law, April 1, 2023. (January 29, 2023) www.en.trend.az

A number of unnamed international operators have newcomer appears set to fill the void left when debt-
applied for operating licenses in Barbados, a government wracked Ozone Wireless shut down in August 2019,
official has confirmed. Clifford Bostic, Director of the barely two years after its launch. (February 8, 2023) Loop News
Digital Infrastructure Unit at the Ministry of Industry,
Barbados Innovation, Science and Technology (MIST), told: ‘There Mobile number portability (MNP) and fixed number
are several requests for both mobile services and fixed portability (FNP) have gone live in Barbados,
services, as well as VSAT.’ Mr. Bostic added that would- government officials have confirmed. The 1 February
be market entrant KW Telecommunications – which launch event was presided over by David Ishmael,
received a license in early 2022 – is still planning to the country’s Minister of Industry, Innovation,
launch commercial services. While little is known Science and Technology (MIST), while the audience
about KW Telecommunications – or its backers – the comprised senior officials from Digicel Barbados

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