Page 153 - SAMENA Trends - June-August 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

gross margin for these products shall be at least 40%. the establishment of an independent appeals board
Finally, the Nkom has introduced a new requirement for for processing appeals against decisions made by
Telenor carrier to document passed margin squeeze the National Communications Authority (Nasjonal
tests and gross margin tests before the company can kommunikasjonsmyndighet, NKOM). A deadline of
implement price changes or launch new fiber-based 15 October 2021 has been set for submissions to the
products in the retail market. According to the regulator, consultation. (July 7, 2021) commsupdate.com
this new requirement will prevent access buyers from
experiencing margin squeeze in the period until Nkom The National Communications Authority (Nasjonal
carries out its next margin squeeze test. kommunikasjonsmyndighet, NKOM) has launched
(August 23, 2021) commsupdate.com a consultation on its proposed price regulation of
fixed-wireless broadband connectivity, as well as the
The Ministry of Local Government and Modernization requirements for accounting separation for access to
(KMD) has published a consultation regarding such services. In a press release regarding the matter
its proposals for a new piece of overarching the regulator noted that it had previously confirmed
communications regulation. With the country’s current back in October 2020 that fixed line incumbent Telenor
key legislation – the Electronic Communications Act Norge would be required to offer wholesale access to
– having been enacted back in 2003, the KMD has fixed-wireless broadband at prices which ensure buyers
now said that its proposed new communications act do not face a margin squeeze. Now, with the NKOM’s
would facilitate new regulatory mechanisms and consultation including a margin squeeze model, along
increase consumer protections, while facilitating the with the associated principles for designing that model,
development of both mobile and fixed broadband it has set a deadline of 2 July 2021 for the submission
infrastructure. In a press release outlining the plan, of comments.
the Ministry has – amongst other things – proposed (June 16, 2021) commsupdate.com

The Agency for the Promotion of Private Investment Peruvian telecoms watchdog the Supervisory Agency
(Agencia de Promocion de la Inversion Privada, for Private Investment in Telecommunications
ProInversion) has altered the timeline for its planned (Organismo Supervisor de Inversion Privada en
auction of spectrum in the 1700MHz and 2300MHz Telecommuniciones, Osiptel) has issued a new
Peru bands, with the winner of the tender now due to be resolution requiring providers of telecommunications
services to file daily reports on the cancellation of
announced on 15 December 2021. Under the new
plan, the deadlines for submitting and responding to subscriptions and migration of customers from one
queries regarding the auction have been pushed back plan to another with the same company. Osiptel will
to 15 September and 12 October respectively, with use the reports to monitor operators’ compliance with
would-be participants to submit their applications by the existing rules governing the process, noting that
22 October (originally set to take place by 13 August). it receives high levels of complaints regarding the
A list of prequalified bidders will be announced on 4 migration and cancellation of subscriptions. Between
November 2021, with bids entered in two stages in early 2016 and 2020, Osiptel resolved more than 185,000
December. As previously reported by TeleGeography’s complaints regarding requests to cancel subscriptions,
CommsUpdate, the winners will be required to deploy with 36% of those cases found in favor of the customer.
mobile networks to a combined total of 1,561 rural Further, Osiptel highlighted that between 2018 and 2020
and remote towns, comprising more than 300,000 it had seen increases of 77% and 84% in the number of
inhabitants. The two lots of spectrum comprise complaints its had received regarding the termination
2×30MHz in the 1700MHz band (AWS-3) at 1750MHz- of contracts and switching tariffs, respectively. The new
1780MHz/2150MHz-2180MHz and 1×30MHz in the resolution is set to be implemented in two stages after
2300MHz range, at 2300MHz-2330MHz. The winner a delay to allow the regulator and providers to make the
of AWS frequencies will be required to provide network necessary adjustments. From 1 January 2022 reports
coverage of 1,171 rural towns, including at least must be filed with information concerning requests
118 in the Valley of the Apurimac, Ene and Mantaro from customers to migrate or cancel subscriptions,
Rivers (Valle de los Rios Apurimac, Ene y Mantaro, and from 1 July 2022 reports must be submitted on
VRAEM) region and in the jungle areas of the country. the total number of requests that were executed by
The successful 2300MHz bidder, meanwhile, will be the company. The requirements will only be imposed
required to roll out mobile networks to 390 rural towns on companies with more than 500,000 subscribers,
across the country. however.
(August 5, 2021) commsupdate.com (July 12, 2021) commsupdate.com

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