Page 97 - SAMENA Trends - July-August 2023

REGULATORY & POLICY UPDATES SAMENA TRENDS

22 Bidders Qualified for Canadian 3800MHz 5G Auction

Innovation, Science and Economic Development Canada (ISED) has Internet, Cooptel, Ecotel, Elite General Partnership, HuronTel,
published the final list of 22 qualified applicants for an upcoming Indigitel, MPVWIFI, NE&W SPC, Novus, NWIC and Kingston Online
5G license auction in the 3800MHz spectrum band. The prospective Services. Bidding in the 3800MHz band auction is scheduled to
bidders include: Rogers, Telus, Bell, Videotron, Eastlink, SaskTel, begin on 24 October 2023.
Tbaytel, Sogetel, Brooke Telecom, Bruce Telecom, CityWest, ABC

DISH Seeks Extension to Buy 800MHz Spectrum from T-Mobile

DISH Network has reiterated its intention to acquire hundreds of
800MHz licenses from T-Mobile US – but has requested a ten-
month grace period to allow it to meet the long-standing USD3.6
billion asking price. The two parties – which have been negotiating
the spectrum deal for several months – have filed a joint application
with the US District Court for the District of Columbia. As per a
Federal Communications Commission (FCC) filing unearthed by
Light Reading, the deal involves a total of 156 2×15MHz licenses
in the 806MHz-821MHz/851MHz-866MHz band. The licenses
are currently held by Nextel South Corp and have been used by
Nextel and Sprint over the years. The concessions have been
under T-Mobile’s control since the conclusion of its merger with
Sprint on 1 April 2020. The regulatory approval for that deal was
reliant on DISH’s willingness to buy a USD5 billion combination
of 800MHz spectrum assets and pre-paid sub-brands from Sprint
Corp. The USD1.4 billion sale of Boost Mobile went on to close on
1 July 2020, but the spectrum deal has never come to fruition. If
DISH backs out of the 800MHz acquisition it will be forced to pay
T-Mobile a USD72 million break-up fee.

Competition Commission Blocks Vodacom’s Proposed Merger with MAZIV

South Africa’s Competition Commission has recommended
the prohibition of the proposed merger between Vodacom
South Africa and MAZIV. MAZIV is a wholly owned subsidiary of
Community Investment Ventures Holdings (CIVH), which owns
and controls domestic fiber operators Vumatel and Dark Fibre
Africa (DFA). The Competition Commission notes that the entity
– formerly known as NewCo – was renamed MAZIV during the
course of its investigation. In a media statement the competition
watchdog stated: ‘The Commission is of the view that the
proposed transaction is likely to substantially prevent or lessen
competition in several markets and that the conditions offered do
not fully address the resultant harm to competition. Further, the
public interest commitments provided by the merger parties do not
outweigh the competition concerns.’ The Commission elaborated: of self-preferencing behavior and discriminatory pricing have
‘Importantly, there are no significant benefits arising from the arisen. The merger is likely to further reinforce the incentives for
proposed merger that are not already independently planned prior self-preferencing and discriminatory behavior.’ As per the terms
to the merger or not already in place. Moreover, the supposed of the merger agreement, Vodacom sought to acquire 40% of the
benefits of MAZIV’s open access regime have not been universally ordinary shares of MAZIV in exchange for a combination of ZAR6
confirmed by the investigation; instead, evidence and allegations billion (USD313.4 million) in cash and ZAR4.2 billion in assets.

97 JULY-AUGUST 2023