Page 96 - SAMENA Trends - June-August 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

BEREC Publishes Opinion on ComReg’s Fixed Line Regulation Plans

After the EC announced last month that it was launching an that the EC’s serious doubts regarding the Irish regulator’s draft
in-depth investigation into Commission for Communications decision were only ‘partially justified’. Among the conclusions set
Regulation (ComReg)’s analysis of the retail markets for fixed out in the BEREC opinion were that the latter believed the EC’s
telephony services and the corresponding wholesale markets serious doubts regarding the finding of a market for Retail Fixed
in Ireland, the Body of European Regulators for Electronic Telephony Service (‘RFTS’) and wholesale Fixed Access and Call
Communications (BEREC) has now adopted, published and sent Origination (‘FACO’) markets were not justified. Further, BEREC
its opinion on the matter to the EC. With ComReg confirming the also argued that doubts raised regarding three criteria test and
development, it was noted that BEREC’s overall conclusion was most of the SMP assessment were also not justified. However,
BEREC did say that it believed the EC’s concerns related to ‘the
substantiation of the geographic market analysis and the lack of a
forward-looking perspective’ were warranted. Following BEREC’s
publication of its opinion, by 20 September 2021 the EC is now
required to either take a decision requiring ComReg to withdraw
the draft measure, or take a decision ‘to lift it serious doubts’.
For its part, ComReg has said that in the period to that date it
will engage with the EC ‘as appropriate’, while noting that in the
absence of adopting a final decision with respect to its analysis
of the RFTS and FACO markets, both its 2014 RFTS Decision and
2015 FACO Decision remain in full effect.

PTA Publishes Details For AJ&K/GB Spectrum Auction

Sector watchdog the Pakistan Telecommunication Authority of 1800MHz or 2100MHz frequencies and USD1.04 million for a
(PTA) has published an Information Memorandum (IM) detailing 2×1.2MHz tranche in the 1800MHz band. The concessions will be
its plans for the auction of 1800MHz and 2100MHz spectrum valid for 15 years.
for the provision of next generation mobile services (NGMS) in
the Azad Jammu and Kashmir (AJ&K) and Gilgit Baltistan (GB)
regions. The sale will feature 2×16MHz in the 1800MHz range
– consisting of two lots of 2×5MHz and five lots of 2×1.2MHz –
and 2×30MHz in the 2100MHz range, divided into six 2×5MHz
blocks. Due to the fractured nature of the 1800MHz allocation, the
regulator noted that it would complete a rationalization process
after the auction, through which it would endeavor to ensure that
the spectrum holdings of licensees is contiguous. The reserve
price for airwaves in both ranges was set at USD870,000 per MHz,
equating to a base price of USD4.35 million for a 2×5MHz block

ARCEP Invites Applications For 5G Spectrum in Reunion, Mayotte

ARCEP has launched calls for applications for the allocation of an auction is to be held after the award of the 700MHz spectrum
5G spectrum in the 700MHz and 3.4GHz-3.8GHz frequency bands – and 2.6MHz in the 900MHz band in Mayotte. The concessions
in Reunion and 700MHz and 900MHz bands in Mayotte. Any will be valid for 15 years. ARCEP expects the procedures to be
requests for information on the procedure must be sent to ARCEP concluded in early 2022, while the authorizations will be awarded
no later than 14 September 2021, with potential bidders given until during the first quarter of 2022. Further, ARCEP highlighted that it
12 October to submit their applications. Regarding the 700MHz will also hold public consultations shortly with the aim of defining
band, ARCEP disclosed that it will award 30MHz in the band in the terms and conditions for the allocation of 5G spectrum in the
both Reunion and Mayotte, while 380MHz in the 3.4GHz-3.8GHz territories of Guadeloupe, Guyana, Martinique, Saint Barthelemy,
band (38 blocks of 10MHz each) will be awarded in Reunion – Saint-Martin and Saint Pierre and Miquelon.

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