Page 159 - SAMENA Trends - July-August 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

The Commission for Communications Regulation lenge to ComReg’s December 2020 decision to auction
(ComReg) has launched a consultation on a proposal to the rights across the 700MHz, 2100MHz, 2300MHz and
issue short-term licenses for spectrum in the 700MHz 2.6GHz spectrum bands. With the sale process set to
and 2100MHz, as it seeks to avoid ‘significant con- utilize a ‘combinatorial clock’ format – whereby partic-
Ireland sumer disruption’. With existing concessions in these ipants bid on generic lots of spectrum, rather than indi-
vidual lots – Three has claimed this format would put it
bands scheduled to expire in October 2022, the regula-
tor had hoped to have concluded a planned multi-band at a competitive disadvantage.
spectrum auction of 700MHz, 2100MHz, 2300MHz and (August 3, 2022) www.commsupdate.com
2.6GHz frequencies prior to that date. However, last
month the High Court issued a stay order preventing the The Commission for Communications Regulation (Com-
auction from proceeding, following an appeal against Reg) has announced that the High Court has made an
the regulator’s plans for the sale process by local cellco order granting a stay on the auction of spectrum in sev-
Three Ireland. Now, with a view to ensuring the auction eral bands which had been scheduled to get underway
delay does not impact consumers, ComReg has pro- today (25 July). Earlier this month Three Ireland asked
posed putting in place a short-term (up to six months) the High Court to halt the multi-band spectrum auction
licensing framework for 700MHz and 2100MHz fre- while it awaited judgment on its main challenge to Com-
quencies from 2 October 2022. In terms of proposed Reg’s December 2020 decision to auction the rights
fees, the regulator intends to charge EUR401,000 per across the 700MHz, 2100MHz, 2300MHz and 2.6GHz
2×5MHz block in the 700MHz band for a three-month spectrum bands. With the sale process set to utilize a
period and EUR212,000 for the same size block of ‘combinatorial clock’ format – whereby participants bid
2100MHz spectrum. Further, as part of an accelerated on generic lots of spectrum, rather than individual lots –
consultation process, it is calling for input from interest- Three claimed this format would put it at a competitive
ed parties by 31 August 2022, while it envisages issuing disadvantage. Now, issuing a press release regarding
a final decision and final draft regulations by mid-Sep- the High Court’s ruling, ComReg noted that the stay has
tember 2022. (August 25, 2022) www.commsupdate.com been granted ‘subject to Three providing certain under-
takings’, while Mr. Justice McDonald was said to have
Following the news that Ireland’s High Court had last expressed the view that the stay will remain in place
month had made an order granting a stay on the auction ‘for no more than a few months. That being said, with
of spectrum in several bands which had been scheduled ComReg noting that the effect of this judgment is that
to start on 25 July 2022, the Commission for Communi- its multi-band spectrum auction is now effectively sus-
cations Regulation (ComReg) has now launched an ap- pended from progressing any further pending a final rul-
peal against that ruling. In a press release announcing ing, it has suggested that is unlikely to be able to issue
the development, ComReg confirmed it had lodged its new long-term licenses in advance of existing conces-
appeal on 25 July, while noting that on 29 July the Court sion expiring on 15 October 2022. Given that, the regula-
of Appeal made directions setting down the appeal for tor is seeking submissions to a consultation in which it
hearing on 19 October 2022. Three Ireland asked the has proposed the issuing of short-term rights of use for
High Court to halt the multi-band spectrum auction in spectrum in the 2100MHz band.(July 25, 2022) commsupdate.com
early July, while it awaited judgment on its main chal-

Having opened a consultation on new Electronic said it was satisfied there were no ‘substantive’ issues
Communications Licenses in March 2022, the Isle with the licenses and has pressed ahead with releasing
of Man’s Communications and Utilities Regulatory the draft concessions for review. Previously, the CURA
Authority (CURA) has now released draft concessions. stated that the country’s new overarching legislation –
Isle of Man In an Information Notice regarding the CURA said the Communications Act 2021, passed in April 2021 –
that these draft licenses will be available for a 14-day created ‘a need for a revision of the Authority’s policy
period for review and for license holders to notify it of in terms of issuing licenses, specifically to modernize
any issues. Following this period, the new concessions its approach to licensing services to bring the licensing
will be officially assigned. According to the CURA, it regime in the Isle of Man in line with international best
received just a single response to its consultation practice’. To that end, three main policy changes had
related to the new licenses, that being from Manx been proposed by the regulator, those being: for licenses
Telecom. However, the regulator said that this response to have a specific end date as opposed to the current
‘did not comment on any of the specifics in the licenses position whereby concessions were revocable on one
and instead, in the opinion of the Authority, sought to re- year’s notice; that the distinction between ISP and ‘full’
open a closed consultation on the principles and policy telecommunications licenses would be removed; and
underpinning the new licenses and also discussed the for fees to be levied at the same proportion and turnover
Authority’s licensing policy, alleging the Authority was as in an ISP license. (July 27, 2022) commsupdate.com
not following previous practice’. As such, the CURA
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