Page 139 - SAMENA Trends - May-June 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

The Federal Network Agency (FNA) has announced that and services preferential treatment and hinders other
it has published the Telecommunications Minimum companies. Bundeskartellamt stated it would examine
Supply Ordinance (TKMV) in the Federal Law Gazette. Apple’s App Tracking Transparency Framework, which
The ordinance, which came into force on 1 June 2022, the company introduced for third-party apps in April
Germany defines the minimum requirements for the right to be 2021. The framework establishes certain conditions for
provided with telecoms services. According to the
user tracking as defined by Apple and requires users
Telecommunications Act, every citizen has a legal right to opt-in to tracking. Advertisers or app publishers use
to be provided with voice communication services and tracking to display targeted advertising on websites
a fast internet access service for appropriate social and apps, or other purposes, which are vital to business
and economic participation. The download speed must models particularly if the apps are free of charge and
be at least 10Mbps and the upload rate must be a rely on advertising. However, preliminary findings
minimum of 1.7Mbps, while the latency should not be indicated while users could restrict the use of their
higher than 150 milliseconds. The FNA will review these data for personalized advertising on third-party apps,
values annually. The minimum supply of telecoms Apple was not subject to the rules of the framework.
services must be offered at an affordable price, to be Bundeskartellamt president Andreas Mundt explained
determined and monitored by the regulator, although the regulator welcomed business models which employ
the right to be supplied with telecoms services does data and give users a choice of how their data is used,
not specify the technology with which the minimum but warned a company like Apple, which is in the
offer is to be provided. To date, the basic service has position to set rules for its ecosystem and its app store,
been provided by Telekom Deutschland, but the new should make pro-competitive rules. “We have reason
minimum offer can now be provided voluntarily by any to doubt that this is the case when we see that Apple’s
telecoms provider, and the FNA also has the right to rules apply to third parties, but not to Apple itself. This
oblige an operator to provide a telecoms connection would allow Apple to preference its own offers or
and to offer services if there are no voluntary offers. impede other companies.” Germany opened a separate
(June 20, 2022) commsupdate.com probe against Apple’s market dominance in June 2021,
accusing the company of creating a digital ecosystem
Germany’s competition regulator commenced a probe centered around its iPhone and iOS.
against Apple to review its rules on tracking third- (June 14, 2022) mobileworldlive.com
party apps, raising suspicions it gives its own apps

The National Telecommunications & Post Commission which operates in Greece under the Cosmote brand, for
(Ethniki Epitropi Tilepikoinonion kai Tachydromeion, EUR1.15 million (USD1.2 million). The 410MHz band
EETT) has announced that a sale of spectrum in the is earmarked for use in Greece for private LTE (P-LTE)
410MHz-430MHz band attracted a single bidder. The networks which support enterprise and IoT connectivity.
Greece license offering 2×2MHz was acquired by OTE Group, (May 16, 2022) commsupdate.com

A proposed decision to grant a telecommunications services on platforms in motion (e.g. ships or aircraft).
license to Ireland-registered Starlink Internet Meanwhile, Starlink proposes using satellite spectrum
Services Limited has been published by the Guernsey in the Ku band for its offerings, in accordance with the
Competition and Regulatory Authority (GCRA). In a Satellite (Earth Station Network) License issued to it by
Guernsey press release regarding the matter, the watchdog noted UK communications regulator Ofcom; that concession
that its proposal comes after receiving an application
allows the company to use satellite spectrum for this
from Starlink for permission to establish, operate purpose anywhere in the UK and Channel Islands.
and maintain a telecoms network and provide fixed According to the GCRA, its proposed decision to grant
communications services – specifically satellite user Starlink a license is consistent with a previous decision
terminal network and ESIM services – to customers made in March 2022 on a framework for licensing
in Guernsey. In its application, Starlink said it intends gateway earth station and user terminal network
to provide high speed, low latency satellite internet satellite services in Guernsey. Having published a copy
services to Guernsey customers through its low earth of the proposed license, the GCRA is now seeking any
orbit (LEO) satellite communications constellation. comments regarding the matter by a deadline of 15
Its service will reportedly provide downlink in excess June 2022, and has said the proposed decision will
of 100Mbps and uplink speeds of 80Mbps, utilizing become final from 22 June ‘unless otherwise notified’.
low power user terminal devices that are sold directly (June 9, 2022) commsupdate.com
to customers. Starlink also proposes to provide ESIM

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