Page 127 - SAMENA Trends - November-December 2019

REGULATORY & POLICY UPDATES SAMENA TRENDS

maximum holdings of 35% and 30% respectively, whilst which put three of the nation’s cellcos over that limit.
the Middle High range was given no limit as it is not The courts eventually ruled against the trio of licensees
currently assigned for mobile communications. For in mid-2018, chastising the authorities for simply ig-
the Middle range, meanwhile, the regulator set out a noring the earlier order rather than taking measures to
gradual transition with Subtel initially instructed not amend or remove the cap. (December 6, 2019) commsupdate.com
to auction adjacent blocks that are less than 40MHz
per operator. In the medium term, Subtel must ensure Chilean mobile operators Entel, Claro and Movistar
that there are at least four operators using the band have reportedly informed the Department
with no less than 40MHz of contiguous spectrum of Telecommunications (Subsecretaria de
apiece and in the long term a limit of 30% will apply, Telecomunicaciones, Subtel) that they are willing to
and each provider must have a minimum of 80MHz return surplus spectrum in the 3.5GHz band, thus
of contiguous spectrum. Concerning the High band, bringing to an end a lengthy impasse. Other frequencies
the TDLC similarly set short, medium and long term will also be relinquished, as the players in question seek
requirements for Subtel. To begin with, Subtel must to comply with spectrum caps. The Entel will return
ensure that there are two operators using the band, 20MHz of spectrum in the 3.5GHz via the modification
each with at least 400MHz, increasing to four providers of its existing concession, while its long-distance
in the medium term. Finally a cap of 25% will be applied, operating unit Transam Comunicaciones (acquired
and the watchdog must ensure that there are four back in 2010) will return 10MHz in the 900MHz band in
providers using the airwaves, each with a minimum of the form of 14 regional permits. Claro will also relinquish
800MHz contiguous spectrum. The TDLC also notes in 20MHz in the 3.5GHz band, while Movistar has agreed
its decision that there should be a gradual transition to to part with 10MHz in the 1900MHz band and a further
the new rules, carried out via future spectrum auctions. 10MHz block of regional 3.5GHz spectrum. Subtel has
The new system replaces the previous cap of 60MHz notified the Antitrust Tribunal (Tribunal de Defensa de
across all bands, which had been set by the Supreme la Libre Competencia, TDLC) of the outcome. Going
Court back in 2009 but was then ignored by operators forward, all three operators are now obliged to free
and regulators as being insufficient, leading to a legal up the agreed spectrum within a two-year timeframe.
battle over the allocation of 700MHz spectrum in 2014, (November 1, 2019) La Tercera

Nationwide mobile number portability (MNP) services service, including conditions and procedures as well
are set to go live in China on 1 December, under as potential risks. The regulations feature a general
regulations published by sector regulator the Ministry requirement that providers ‘jointly maintain a healthy
of Industry and Information Technology (MIIT). The and orderly market environment,’ and stipulates
China service will allow mobile subscribers – excluding that operators cooperate to ensure service quality
IoT users – to retain their mobile number when they is maintained after a number is ported. A number of
move to a different service provider. The service will be specific anti-competitive behaviors are also highlighted
supervised and managed by the watchdog and the local as forbidden, such as: refusing or blocking a number
communications administrations of the provinces, transfer without justification; creating special tariff
autonomous regions and municipalities directly under plans for MNP users; and conducting marketing that
the central government, but operators themselves are targets users of a named rival provider or, more broadly,
understood to be responsible for providing the service. ‘vilifying other telecommunication business operators’.
Under the new MNP regulations, operators are required (November 12, 2019) telegeography.com
to provide users with information regarding the porting

Undeterred by the lack of interest in its recent but stalled after only market leader Claro registered to
attempt to stage a multi-band frequency auction, participate. It was suggested that Tigo and Movistar
Colombia’s Ministry of Information Technologies were reluctant to enter the fray because of the lack of
and Communications (MinTIC) says it will now run published reserve prices. Would-be bidders must now
Colombia the spectrum sale on 20 December. Relaunching the register their interest by 2 December. The spectrum
process, ICT Minister Sylvia Constain commented: ‘This auction is slated to include 2×45MHz blocks of 700MHz
is an auction that is not looking to maximize financial spectrum (703MHz-748MHz/758MHz-803MHz) split
income, but to maximize social welfare. The resolution into four 2×10MHz blocks and one 2×5MHz portion;
presented today has very clear objectives to connect plus a 2×2.5MHz 1900MHz block and eight 10MHz
Colombians, especially those who are in the most blocks in the 2500MHz band.
remote and disadvantaged places.’ the first attempt (November 29, 2019) telegeography.com
had been scheduled to take place on 12 December,
127 NOVEMBER 2019