Page 135 - SAMENA Trends - January-February 2023

REGULATORY & POLICY UPDATES SAMENA TRENDS

submarine cables must ensure that they – or a member joint venture of the government of India and the states
of the consortium – hold a valid international long of Haryana, Rajasthan, Uttar Pradesh and Delhi – issued
distance (ILD) license from the DoT. A further direction a ten-year license for the airwaves via the administrative
from the DoT notes: ‘ILD licensees … while applying for route, at a price based on 50% of the auction-determined
security clearances on behalf of any entity for laying/ price based on the August 2022 tender. The watchdog
maintaining the submarine cables, shall make sure that also suggested that the price could be further modified
they have significant stake in such entities on behalf to reflect the area of the corridor relative to the total
of whom they are applying for security clearances.’ area of the licensing areas covered by the RRTS project.
The matter has been referred to sector watchdog the The TRAI also recommended that a separate permit
Telecom Regulatory Authority of India (TRAI). The category be established for captive non-public networks
licensing framework for landing submarine cables in for railways (CNPN-R) and that 700MHz frequencies
India is currently under consultation: the TRAI published be assigned to other geographically separated rail
a consultation paper in December 2022 and earlier networks that are not likely to cause interference.
this month it extended the deadline for comments and Finally, the TRAI recommended that the Department of
counter-comments to 10 February and 24 February, Telecommunications (DoT) oversee a field trial to assess
respectively. (January 30, 2023) www.commsupdate.com the feasibility of assigning 700MHz airwaves to telcos
on a non-interference basis. In a related development,
The Telecom Regulatory Authority of India (TRAI) has meanwhile, the DoT has reportedly cast doubt on the
recommended that 5MHz of spectrum in the 700MHz potential allocation of mid-band (3300MHz-3700MHz)
band be allocated to the National Capital Region spectrum for CNPNs, on the basis that doing so would
Transport Corporation (NCRTC) for the operation of result in a potential loss to state coffers. An unnamed
mission-critical safety applications related to signaling official was quoted as saying: ‘We are still in the process
and train control operations. The airwaves would be used to finalize spectrum for private networks but reserving
to cover the company’s under-construction regional mid-band airwaves is not likely to happen. We will
rapid trans system (RRTS) corridors, a series of semi- explore some more bands, apart from what has been
high speed, high capacity rail routes connecting regional proposed by the regulator.’
nodes. TRAI’s recommendation would see NCRTC – a (January 4, 2023) The Economic Times

The Commission for Communications Regulation network which is capable of being used to access the
(ComReg) has launched a consultation related to its vast majority of premises in the country, and the lack
analysis of the Physical Infrastructure Access (PIA) of an effective existing or potential rival PI’, holds SMP
market and its proposals to regulate it on the basis that in the PIA market. As part of its consultation, ComReg
Ireland it is ‘characterized by the presence of market failure has proposed access remedies, non-discrimination
remedies and transparency remedies, as well as price
in the form of significant market power (SMP), and
associated competition problems arising from [eir’s] control, cost accounting and accounting separation
ability and incentive to behave anti-competitively’. In remedies. With the watchdog seeking feedback on its
summary, ComReg has proposed defining a national plans by a deadline of 3 March 2023, it said that once it
market consisting of telecoms-specific Physical has analyzed and considered any comments received,
Infrastructure (‘PI’) – ducts, poles and associated will review its proposals and, having considered whether
facilities such as chambers – while it has provisionally to make any amendments, will then seek to adopt a final
found that eir, due to its ‘ubiquitous telecom-specific PI decision. (January 10, 2023) www.commsupdate.com

An Italian government Minister has expressed concern Adolfo Urso has attributed the delays to ‘an initial
at delays with Open Fiber’s state-subsidized rollouts in underestimation of the issue of permits, erroneous
underserved rural areas. A series of rollout contracts industrial policies and political responsibilities. He is
were awarded to Open Fiber between 2017 and 2019 quoted by StartMag as saying: ‘To ensure compliance
Italy covering so-called ‘white’ areas, where fiber network with the timetable, a reinforced monitoring of the
rollout was not expected to take place without activities has been activated to detect progress and
government financial support. Open Fiber initially manage anomalies and implementation delays … and
suggested it would complete the work by April 2022, define the corrective actions to be undertaken.’ Open
but subsequently pushed back the completion date Fiber, which is 60%-owned by state investment fund
several times. Under its latest schedule, it expects Cassa Depositi e Prestiti (CDP), claims to have deployed
EU-funded projects to be finished by the middle of fiber infrastructure which passes more than 14.5 million
this year, while the remaining rollouts will run on until premises across Italy.
September 2024. Minister of Economic Development (January 12, 2023) www.commsupdate.com
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