Page 128 - SAMENA Trends - November-December 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

The National Communications Authority (Autoridade by CommsUpdate, the auction – which commenced
Nacional de Comunicacoes, ANACOM) has launched on 14 January – concluded on 27 October, after 1,727
a consultation regarding the use of the 26GHz band rounds of bidding. The process generated a total
(24.25GHz-27.5GHz) for 5G. The watchdog notes: of EUR566.8 million (USD657.6 million). Alongside
Portugal ‘Thus, with this public consultation … ANACOM intends incumbent mobile operators PT Portugal (MEO), Nos
to collect the position of the various market players and Vodafone Portugal, the auction also saw bidding
(manufacturers, operators, private and public entities, activity from Grupo MASMOVIL-backed cableco Nowo,
users and others) on the availability of spectrum in Dixarobil Telecom, which is owned by Romania’s Digi
the 26GHz band. Contributions obtained will be duly Communications and mobile network densification
considered in future decision-making on the subject, specialist Dense Air. All six companies acquired
namely: the procedure, the calendar and the conditions 5G-suitable frequencies. Nos spearheaded the bidding,
for the allocation and use of this spectrum, if there is an agreeing to pay EUR165.1 million for a combination of
interest in the market for this.’ 700MHz, 900MHz, 2100MHz and 3.6GHz spectrum.
(December 16, 2021) commsupdate.com Next in line was Vodafone (EUR133.2 million;
700MHz/3.6GHz), followed by MEO (EUR125.2 million;
The National Communications Authority (Autoridade 700MHz/900MHz/3.6GHz). In terms of the ‘new’
Nacional de Comunicacoes, ANACOM) has confirmed bidders, Nowo bid EUR70.2 million for 1800MHz, 2.6GHz
that its board of directors has approved the final auction and 3.6GHz spectrum, while Dixarobil offered EUR67.3
report relating to the recently concluded multi-band million for spectrum in the 900MHz, 1800MHz, 2.6GHz
5G spectrum sale. The auction results were rubber- and 3.6GHz bands. Finally, Dense Air committed to pay
stamped on 23 November and the winning bidders EUR5.8 million for 3.6GHz frequencies.
now have ten working days to pay for the frequencies (November 25, 2021) commsupdate.com
that they successfully bid on. As previously reported

Romania's telecom regulator ANCOM has issued transposing the European Electronic Communications
its draft 2022 action plan for public debate, which Code, which was adopted by the Chamber of Deputies
schedules the tender for the frequency spectrum and is now awaiting review and approval by the
dedicated to the implementation of 5G services for the Romanian Senate. In addition, ANCOM’s 2022 draft
Romania third quarter of 2022 in an auction that authorities say action plan also includes a revision of the Decision
of the President of ANCOM no. 551/2012 on the
could bring as much as EUR 600 million into Romania's
state budget. Originally planned for 2021, the launch establishment of the tariff for the use of the spectrum,
of the 5G tender for frequencies in the spectrum of scheduled for the second quarter of 2022. According
700 MHz, 1500 MHz and 3,400-to-3,800 MHz has to ANCOM, this decision, along with others in the field
been repeatedly delayed (see our Law-Now articles of radio spectrum management planned for 2022, will
for December 2020 (Romania to launch 5G auction allow the actual selection procedure for the granting
in Q2 of 2021 (cms-lawnow.com) and February 2021 of rights to use 5G frequencies in the spectrum of 700
(Romania postpones 5G auction for Q3 of 2021 (cms- MHz, 1500 MHz and 3,400-to-3,800 MHz to take place
lawnow.com)). One obstacle to the tender was the need in the third quarter of 2022. (December 29, 2021) cms-lawnow.com
for adoption of the ‘5G law’ implementing in Romania
the 5G Memorandum with the US. On 7 June 2021, The National Authority for Management and Regulation
Romania's parliament adopted Law 163/2021 on the in Communications (ANCOM) has announced it received
conditions for the deployment of 5G networks (see the only two qualifying applications within the competitive
June 2021 Law-Now article (Romania adopts 5G Law selection procedure organized for the auction of short-
amid public discussions on postponement of auctions term user rights for spectrum in the 800MHz, 2600MHz
(cms-lawnow.com)). The other significant obstacle has and 3.5GHz bands. Following examination, RCS&RDS
been the need to implement the European Electronic (DIGI) and Invite Systems were declared to have
Communications Code in order to conduct 5G auction submitted qualified and winning offers and will proceed
proceedings. This code has yet to be implemented to the next stage. The final results of the auction, which
in Romania. In response, in September 2021, the is expected to raise at least EUR72.5 million (USD82.2
Commission took legal action against Romania and 18 million), are expected to be announced in December
other member States for failing to deliver the benefits of and permits granted by the end of the year. Under the
EU digital legislation in the area of telecommunications, tendering procedure, applicants were able to purchase
which requires that member states transpose these 195MHz of frequencies, with user rights valid from 1
rules into national law without delay. To comply, January 2022 and expiry aligned with existing permits
on 7 December 2021, Romania released a draft law in the bands, comprising:

128 NOV-DEC 2021