Page 100 - SAMENA Trends - July-August 2023

REGULATORY & POLICY UPDATES SAMENA TRENDS

Ofcom Investigating Virgin Media’s Compliance with Contract Termination

Rules

UK telecoms regulator Ofcom has opened an ‘own-initiative’ failed to comply with its obligations related to contract termination
investigation into Virgin Media’s compliance with contract and complaints handling. Should the regulator find Virgin Media
termination and complaints handling rules. This development has breached the rules, Ofcom notes It has the power to issue a
comes following complaints from the latter’s customers, with fine and direct the company to take remedial action or change its
claims that the operator had made it difficult to cancel services. In procedures, where appropriate.
a press release regarding the matter, Ofcom said it was concerned
about the number of complaints it had received from Virgin
Media customers who had tried to leave the operator but had
difficulties in doing so. According to the watchdog, some users
reported difficulties in getting through to an agent on the phone
to cancel, while others reportedly found their call was dropped
midway through or they were put on hold for long periods. In
addition, many end users claimed that they had to make lengthy
and repeated requests to cancel, as their initial instruction was not
actioned. Ofcom has said its investigation will examine whether
there are reasonable grounds for believing that Virgin Media has

EU Countries Set to Turn New Telecom Law a Directive in All but Name

“Everyone at the Transport, Telecommunications and Energy (TTE) diplomat told EURACTIV under the condition of anonymity. Regard-
Council was quite happy to the direction suggested by the Spanish ing the legislative instrument, two EU diplomats told EURACTIV
presidency of the GIA” told an EU diplomat to EURACTIV on cover that around 10 European governments voiced their willingness to
of anonymity. Discussions among member states on the EU’s new change it to a directive, with some more vocal than others. Only
telecom law point to providing countries with extensive flexibility, three member states openly favored a regulation. Yet the Spanish
thus turning the regulation into a text reading more like a directive, presidency suggested keeping it as a regulation in its first compro-
but the main point of contention remains the ‘tacit approval’ prin- mise text, an approach Madrid does not want to backtrack on. A
ciple. The Gigabit Infrastructure Act (GIA) is a legislative proposal second EU diplomat concluded that the legal instrument was “kept
that aims to fast-track high-capacity network deployment across as a regulation, but it reads like a directive” because of the mini-
the EU, notably 5G and fiber. The file landed on Tuesday (11 July) mum harmonization provisions of the compromise text.
on the table of the Telecom Working Party, a technical body of the Minimum harmonization
EU Council of Ministers. On 11 July, National representatives dis- National delegations welcomed the Spanish presidency compro-
cussed the first compromise text on a telecom draft law that the mise text regarding the increased flexibility introduced in the leg-
Spanish presidency put forth earlier this month. While EU coun- islation, the condition for accessing physical infrastructures and
tries’ reservations towards a regulation seem to fade away, thanks the single information point. Within the Telecommunication Work-
to “minimum harmonization” provisions, debates mainly revolve ing Party meeting, four EU countries reportedly suggested moving
around the “tacit approval” principle, according to EU diplomats the date for entry into the application further. Originally set at 12
who talked to EURACTIV. “Everyone at the Transport, Telecom- months, the presidency offered 18 months, with these four coun-
munications and Energy (TTE) Council was quite happy with the tries calling for 24 months. This debate should come back to the
direction suggested by the Spanish presidency of the GIA,” an EU table after the summer. Some questions and debates revolved
around definitions, with member states not agreeing on the cor-
rect terms. The European Commission suggested “fibre-ready”,
and some European governments would like to see labels be
more technology neutral and use a wider term, like “gigabit-ready”.
Eventually, some telecom attachés suggested even more flexibili-
ty regarding the setting up certification schemes. Madrid watered
down these certifications, which were previously mandatory to a
voluntary commitment. Yet, it was still provisioned that member
states were obliged to issue building permits upon compliance of
certification schemes, which would make certification schemes de
facto mandatory. A change is expected in the next iteration of the
text.

100 JULY-AUGUST 2023