Page 153 - SAMENA Trends - July-August 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

REGULATORY ACTIVITIES BEYOND

THE SAMENA REGION

The National Communications Agency (Ente Nacional amounts and in amounts assigned in the 2600MHz
de Comunicaciones, ENACOM) has announced that band. This will increase efficiency in the use of the
it has generated USD27.7 million from its sale of band, given the new contiguous arrangement of the
unused 4G frequencies in the 2600MHz band. The assigned ranges.’ In May 2017 ENACOM initiated a
Argentina announcement concludes a process that began in tender process for FDD/TDD spectrum in the 2500MHz-
May this year, when the watchdog outlined plans to 2690MHz frequency range. Two months later it was
reorganize existing 2600MHz spectrum holdings confirmed that Claro and Movistar had each acquired
on a contiguous basis. ENACOM explained: ‘Based 2×15MHz FDD blocks, while Personal bid on a 2×20MHz
on this assignment and reordering of the spectrum, FDD block alongside an unpaired 20MHz TDD block; no
providers Claro, Movistar and Personal will be given prices were disclosed. (August 31, 2022) www.commsupdate.com
the opportunity to equalize their holdings both in total

A court-enforceable undertaking from Telstra has been the importance of this spectrum band to Optus’ 5G roll-
accepted by the Australian Competition and Consumer out plan.’ The executive added: ‘Telstra’s undertaking
Commission (ACCC), with this aimed at addressing com- will ensure Optus is not hindered from expanding its
petition concerns related to the former’s registration of 5G rollout, giving more Australians access to a choice
Australia radiocommunications sites in low band spectrum that of 5G services in regional and metropolitan Australia …
reportedly interfered with rival Optus’ plans to roll out Telstra’s undertaking promptly addresses the ACCC’s
its 5G network nationally. In a press release regarding competition concerns and stops the likely harm to com-
the matter, the ACCC said that following an ‘intensive’ petition and consumers quickly. It is an efficient and ef-
investigation it had become concerned that Telstra’s fective way to achieve a positive market outcome.’ (August
registrations of these sites ‘had the substantial purpose 3, 2022) www.commsupdate.com
or likely effect of preventing or hindering Optus from de-
ployment of its 5G network and from engaging in com- A draft determination has been issued by the Austra-
petitive conduct in the retail mobile market’. According lian Competition and Consumer Commission (ACCC)
to the regulator, Telstra’s undertaking now requires it to in which it proposes authorizing Telstra and NBN Co
deregister all remaining radio sites it registered with the to amend agreements that they entered into from 2011
Australian Communications and Multimedia Authority and 2014 which facilitated the rollout of the National
(ACMA) in the 900MHz spectrum band in January 2022 Broadband Network (NBN). In a press release the ACCC
that would have prevented Optus from early access to noted that the existing agreements, authorized under
the spectrum. With Telstra holding a license for parts of statute, provide the necessary legal certainty that cer-
the 900MHz band until 30 June 2024, the ACCC noted tain conduct would not contravene Australian compe-
that prior to 31 January 2022 the operator ‘was making tition laws. Now, however, with Telstra proposing to
little use of the spectrum and had not registered a new undertake a restructure of its organization it is seeking
site since 2016’. However, with Optus having won all to incorporate its related entities into the existing agree-
the 900MHz spectrum on offer in the ACMA’s Decem- ments with the NBN through an amendment. Under the
ber 2021 auction, the ACCC said that Telstra became proposed authorization, entities across the restructured
aware that month that the ACMA would consider early Telstra group will be able to continue to give effect to
access applications for these frequencies. Subsequent- their existing rights and obligations owed to NBN Co.
ly, on 31 January 2022 Telstra registered 315 sites in Commenting, ACCC deputy chair Mick Keogh said: ‘In
the 900MHz band, predominantly located in major cit- our assessment we are limited to considering the po-
ies or inner regional areas, under its existing license. Of tential public benefits and detriments that flow from
the 315 sites registered by Telstra on that date, Telstra the restructure and not from any existing agreements …
later deregistered 153, with 162 remaining registered, The Telstra restructure is likely to result in some public
while the ACCC claims that since January 2022 Telstra benefits including increasing value to the shares widely
has only used ‘a limited number’ of these sites. Com- held by Australian retail investors, largely by improving
menting on the matter, ACCC Commissioner Liza Carver commercial opportunities.’ Submissions from interest-
said: ‘We were concerned that Telstra’s registration of ed parties in relation to the draft determination are now
315 radiocommunications sites in the 900MHz spec- being sought by the ACCC, while it said it expects to
trum band had the substantial purpose or likely effect make a final decision on the matter in August/Septem-
of lessening competition by Optus, as Telstra knew of ber 2022. (July 15, 2022) commsupdate.com
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