Page 148 - SAMENA Trends - June-July 2020

REGULATORY & POLICY UPDATES SAMENA TRENDS

Cyber Safety and the Arts, said: ‘[The] Government has it is seeking declarations, penalties and costs.
a clear reform pathway to modernize our spectrum (June 23, 2020) commsupdate.com
management framework, which will deliver benefits to
the telecommunications industry by cutting red tape A consultation has been launched by the Australian
… A more flexible framework that provides a longer- Competition and Consumer Commission (ACCC)
term investment horizon will allow industry to better related to the Telecommunications Legislation
adapt to future innovations and changing demand for Amendment (Competition and Consumer) Act 2020
spectrum, including the rollout of future generation (the ‘TLA Act’), which received Royal Assent on 25
mobile technology.’ (June 24, 2020) commsupdate.com May 2020. In a statement, the ACCC noted that among
other provisions, the new legislation amends the
Federal Court proceedings have been instituted Telecommunications Act 1997 to enable superfast
against broadband providers Dodo and iPrimus, both fixed line broadband networks serving residential
part of Vocus Group, by the Australian Competition customers to operate on a functionally separated
and Consumer Commission (ACCC), with the agency basis, rather than a structurally separated basis.
contending that the pair made ‘false’ or ‘misleading’ Specifically, the TLA Act inserts a process in to the
claims about the broadband speeds their customers 1997 law under which network operators will be able to
could achieve during busy evening hours over the voluntarily submit functional separation undertakings
National Broadband Network. In a press release to the regulator for approval, with the intention that this
regarding the matter, ACCC alleges that between March will provide greater commercial flexibility for superfast
2018 and April 2019 Dodo and iPrimus made false or network operators and promote infrastructure-based
misleading claims on their websites about the speeds competition. In addition, the ACCC is empowered
consumers could expect if they signed up to their to determine a standard functional separation
NBN-based broadband services. Commenting, ACCC undertaking – known as a ‘deemed’ undertaking – that
chairman Rod Sims said: ‘We believe many of Dodo an eligible corporation can choose to be bound by,
and iPrimus’ NBN customers would have been unable instead of submitting its own customized voluntary
to regularly receive the advertised speeds during the undertaking. With the new laws scheduled to come
busy evening period of between 7pm–11pm … ACCC into effect on 26 August 2020, the ACCC is now seeking
will argue that Dodo and iPrimus used a fundamentally views from stakeholders on: a draft instrument for the
flawed testing methodology, developed by Vocus, exemption for small networks, including the class
which was not a reasonable basis for their advertising of persons to whom it should apply and any other
claims about certain typical evening speeds.’ With conditions and limitations; the nature and extent of
the regulator saying that since February 2019, its potential functional separation provisions for deemed
Measuring Broadband Australia (MBA) program has undertakings; and the classes of corporations to which
shown that Dodo and iPrimus’ broadband speeds have deemed undertakings should apply. A deadline of 17
‘consistently performed towards the lower end of the July 2020 has been set for submissions.
nine NBN providers measured and reported on’, it said (June 5, 2020) commsupdate.com

Following a public consultation, Belgian telecoms responses, many relating to the perceived health risks
regulator the Belgian Institute for Postal Services and posed by 5G radiation. It stressed, however, that the
Telecommunications (BIPT) has granted temporary protection of public health is not within its remit and that
user rights to spectrum in the 3.6GHz-3.8GHz band operators will need to comply with all existing regional
Belgium to five operators, namely Telenet, Proximus, Orange regulations governing radiation standards and antenna
Belgium, Cegeka and Entropia. The rights will enable installation. (July 16, 2020) commsupdate.com
the operators to proceed with 5G deployments using
the band and will remain valid until a traditional auction Belgian telecoms regulator the Belgian Institute for
procedure can be organised for the 3.4GHz-3.8GHz Postal Services and Telecommunications (BIPT) has
band. The BIPT has allocated the frequencies as follows: extended Citymesh’s user rights in the 3.5GHz band to
Telenet, 3600MHz-3640MHz; Entropia, 3640MHz- the municipalities of Kortrijk and Zaventem. The BIPT had
3680MHz; Orange Belgium, 3680MHz-3720MHz; Cegeka, initially refused the company’s application in 2019, as it
3720MHz-3760MHz; and Proximus, 3760MHz-3800MHz. was preparing to award spectrum in the 3.4GHz-3.5GHz
As part of the European rollout of 5G technology, member band for 5G. However, the regulator has since decided to
states are required to provide frequencies in the 3.4GHz- issue preliminary 5G licenses using frequencies in the
3.8GHz band by 31 December 2020. With the federal and 3.6GHz-3.8GHz band. Citymesh, which is mainly active in
regional governments unable to agree how to distribute the B2B sector, has user rights for 2×20MHz in the 3.5GHz
the sale proceeds, the BIPT decided to proceed with band (3430MHz-3450MHz/3530MHz-3550MHz).
a provisional arrangement. The regulator noted that a (June 26, 2020) commsupdate.com
public consultation held in April elicited several thousand
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