Page 117 - SAMENA Trends - June-July 2020
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REGULATORY & POLICY UPDATES  SAMENA TRENDS

        EC Probes Consumer IoT Sector EC Probes Consumer IoT Sector


        The European  Commission (EC) launched  an inquiry  into the   in  the coming years  and become commonplace  in  the daily
        consumer  IoT sector, fearing the nascent  market may  already   lives of European consumers”.  The focus  will  be on products
        be subject to competitive distortion. In a statement, the EC said   including  smart  home appliances and wearables.  Vestager
        the probe was an early-stage move designed to inform its future   explained the key to success in the sector appeared to depend
        policy. Margrethe Vestager, EC VP and Competition Commissioner   on gathering “large amounts of user data”, meaning the EC must
        (pictured) explained the sector is “expected to grow significantly   ensure “market players are not using their control over such data
                                                               to distort competition, or otherwise close-off these markets for
                                                               competitors”.  Early indications suggested  such  competitive
                                                               distortion is already underway, the EC stated, citing “restrictions
                                                               of data access and interoperability, as well as certain forms of
                                                               self-prefeencing  and  practices linked to  the use of  proprietary
                                                               standards”. “IoT ecosystems  are often  characterized  by strong
                                                               network effects and economies of scale, which might lead to the
                                                               fast emergence of dominant digital ecosystems and gatekeepers,
                                                               and might present tipping risks.”nThe EC warned if competition
                                                               concerns  are  identified,  it  could  open  investigations  to  ensure
                                                               compliance to EU rules, to prevent abuse of market dominance
                                                               and restrictive business practices. It plans to publish final findings
                                                               in mid-2022.



        Malaysian Communications Minister Issues Unexpected Directive Allocating

        700MHz Spectrum


        In  an  unexpected  development,  it  has   determination  (‘Determination No.1  of   determination  (‘Determination No.2  of
        been revealed Malaysia’s communications   2020’, also dated 15 May 2020) has revoked   2020’, 15 May 2020) has ordered  the
        minister, Datuk Saifuddin  Abdullah,  has   an earlier piece of related  legislation   reallocation of a spectrum in the 2600MHz
        issued a directive ordering the Malaysian   (‘Determination No.2 of 2017’, 8 September   band,  noting  that the  new  frequency
        Communications    and    Multimedia  2017),  which  had  set  a  fixed  price  for   assignments  are pursuant  valid for 15
        Commission (MCMC) to assign spectrum   spectrum allocations in the 700MHz band.  years. Coupled with this, a third direction
        in  the  5G-suitable  700MHz  band  to  five   Previously, in January  2020  the MCMC   (‘Direction  No.3  of 2020’,  15  May  2020),
        companies. The directive – dated 15 May   published a final report on the allocation of   detailed  the frequency  allocations in the
        2020  –  has  only  just  now  come  to  light,   spectrum,  including  frequencies  suitable   2600MHz  band for eight companies,
        after it was discovered on the regulator’s   for 5G, in which it said it was considering   broken down as follows:
        website,  with  no  official  announcements   plans to allocate both 700MHz and 3.5GHz   •  Altel (2540MHz-2560MHz/2660MHz-
        having been  made at  the time of the   frequencies to a single entity comprising a   2680MHz)
        development. According to ‘Direction No.4   consortium formed by multiple licensees.   •  Celcom (2530MHz-2540MHz/2650MHz
        of 2020’, three companies are to be allocated   However,  given this  latest  development,   -2660MHz)
        2×10MHz  in the 700MHz  band, namely:   and the  award  of 700MHz  frequencies   •  Digi  (2560MHz-2570MHz/2680MHz-
        Celcom     (723MHz-733Mhz/778MHz-    to individual companies,  the authorities’   2690MHz)
        788MHz);   Digi  Telecommunications  plans for the 3.5GHz band are now unclear.   •  Maxis  (2510MHz-2520MHz/2630MHz-
        (703MHz-713MHz/758MHz-768MHz);       Indeed,  according to local press reports   2640MHz)
        and  Maxis  (733MHz-743MHz/788MHz-   requests for further information regarding   •  Redtone  Engineering  and Network
        798MHz).  Meanwhile, the other two   the matter have not been responded to by   Services  (2500MHz-2510MHz/
        companies  to be allocated  spectrum  will   the  MCMC, which has still yet to release   2620MHz-2630MHz)
        receive a 2×5MHz block, Telekom Malaysia   an  official  announcement  regarding  the   •  U   Mobile   (2520MHz-2530MHz/
        (718MHz-723MHz/773MHz-778MHz)        new spectrum  allocation. Alongside the   2640MHz-2650MHz)
        and Altel  Communications (713MHz-   developments related to the 700MHz band,   •  Webe Digital (2575MHz-2595MHz)
        718MHz/768MHz-773MHz).    No  word   yet another ministerial direction (‘Direction   •  YTL  Communications  (2595MHz-
        regarding pricing for these new spectrum   No.5 of 2020’, 15 May 2020) has ordered   2615MHz).
        allocations  has  been  forthcoming,  the MCMC to allocate a 2×5MHx block in
        however, while notably a  new ministerial   the 900MHz band to Altel. Finally, a further



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