Page 117 - SAMENA Trends - November-December 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

Infrastructure, Cities and the Arts, Paul Fletcher, noted and retail price controls on each successor entity.
that while there have been significant changes in Finally, the new legislation also amends ‘three
the telecoms industry over the past decade, Telstra regulations, four determinations and a code of access’
continued to play a key role in metropolitan, regional, in relation to ownership of Telstra shares, access to
rural and remote Australia. As such, in terms of the telecommunications infrastructure, carrier license
legislation itself, it amends the Telecommunications conditions, emergency call persons and services,
Act 1997 to: define Telstra successor companies real estate development exemptions, arbitration
and designated Telstra successor entities and and sunsetting. According to Minister Fletcher, the
replace references to Telstra with references to provisions are focused on ensuring current consumer
the successor entities; allow the communications safeguard laws are adapted to Telstra’s new structure,
minister and the Australian Communications and improving transparency, and closing a loophole that may
Media Authority (ACMA) to make determinations have carried a cost for consumers. ‘First, the Bill has a
relating to the designated successor entities; and set of provisions to ensure that existing legislative and
make technical and consequential amendments. In regulatory safeguards, such as the Universal Service
addition the new Bill amends: the Telstra Corporation Obligation, are appropriately repointed to the proposed
Act 2001 to extend existing regulations relating to the new Telstra structure,’ Fletcher noted, adding: ‘This is
operation and ownership of Telstra to its successor backed up by new transparency and direction powers,
entities; the Competition and Consumer Act 2010 to so the community can have confidence that Telstra is
extend existing regulations relating to the operation keeping in place contractual arrangements that deliver
and ownership of Telstra to its successor entities; the outcomes required of it. Second, the Bill closes a
and the Telecommunications (Consumer Protection loophole that may have reduced the effectiveness of
and Service Standards) Act 1999 to extend the the facilities access regime, which is a vital mechanism
communication minister’s powers to impose service to ensure competition and improved consumer
provider obligations to Telstra’s successor entities outcomes.’ (December 2, 2021) commsupdate.com

Telecoms regulator the Belgian Institute for Postal the actual rollout of the networks. ‘This is great news
Services and Telecommunications (BIPT) has opened a for our country. After years of inaction on this issue,
public consultation on proposed rules for participants we are finally achieving what many bodies expect of
in the upcoming multi-band spectrum auction. The us, starting with consumer organization, but also the
Belgium rules will apply to three separate auctions. The first European Union and companies wishing to develop 5G
will allocate existing 2G and 3G spectrum in the applications,’ declared the Minister. Following months
900MHz and 2100MHz bands (a total of 2×75MHz and of discussions, De Sutter confirmed that spectrum had
2×60MHz respectively), with user rights valid for 20 been reserved for a fourth B2C operator to provide
years from the expiry of existing 2G and 3G permits, as greater competition to Proximus, Telenet and Orange.
well as 30MHz of duplex spectrum in the 700MHz band Alternatively, a B2B operator could acquire some or
for a period of 20 years. The second auction will tender all of the frequencies for industrial 5G applications.
390MHz of frequencies in the 3600MHz band with user Noting that it is up to the market to determine future
rights until 6 May 2040, while the third concerns the developments, the minister claimed the entry of a new
allocation of 90MHz of spectrum in the 1400MHz band operator ‘could have positive consequences for all
for a period of 20 years. Belgians who currently pay high prices for their mobile
(December 6, 2021) commsupdate.com subscriptions’. Belgium’s plans for a 5G auction had
been blocked for years due to disagreements between
The government gave final approval to the terms of the federal and regional governments over the increase in
5G spectrum auction and opened the door to a potential antennas, the extent of coverage in rural areas and how
fourth mobile operator. ‘The deployment of 5G will take to divide proceeds of the auction, which is expected to
place in our country next year,’ Telecoms Minister raise at least EUR800 million (USD897 million). The
Petra De Sutter confirmed after the Consultative authorities have agreed to place the funds in a blocked
Committee, which brings together the federal and account until the latter issue has been resolved, while
regional governments, approved the legal framework radiation from the 5G masts will also remain within the
for the tender. The auction is now expected to take current standards – something which the Brussels-
place in the second quarter of 2022, as telecoms Capital Region, in particular, had asked for guarantees
regulator the Belgian Institute for Postal Services and about. De Sutter also stated that she will present her
Telecommunications (BIPT) requires a maximum of six draft law introducing additional security measures for
months following publication of the Royal Decrees in the provision of mobile 5G services to the House of
the Official Journal to be able to proceed to an auction. Representatives next week.
The operators will then need a few more months for (November 25, 2021) commsupdate.com

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