Page 99 - SAMENA Trends - November-December 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

Arcep Concludes Examination of 5G Applications in Reunion, Mayotte

The Authority of Regulation for Electronic Communications and phase for the allocation of two blocks of 2×5MHz spectrum still
Posts (Autorite de Regulation des Communications Electroniques available in the 700MHz band. In Mayotte, meanwhile, Orange,
et des Postes, Arcep) has concluded the examination phase of SFR Mayotte, Telco OI Mayotte and Maore Mobile have qualified
its procedure to award 5G spectrum in the French overseas for the 700MHz allocation procedure, with each set to obtain
territories of Reunion and Mayotte. The process was kickstarted 2×5MHz in the band. Maore Mobile and Telco OI Mayotte have
on 3 August 2021 and the deadline for applications was 12 also qualified for 900MHz spectrum. Maore Mobile also obtained
October. In Reunion the watchdog has received bids from Orange, 1.6MHz duplex in the 900MHz band as part of the 5MHz duplex
Societe Reunionnaise du Radiotelephone (SFR Reunion), Telco block building phase in the 900MHz band. The watchdog expects
OI (Free Reunion) and Zeop Mobile. The regulator said that all to hand over the frequency authorizations by March 2022.
four companies are qualified to receive spectrum in the 700MHz
and 3.4GHz-3.8GHz bands. Orange, SFR and Telco OI would be
awarded 100MHz each in the 3.4GHz-3.8GHz band, while Zeop
Mobile would receive 80MHz. Regarding the 700MHz band, the four
candidates have subscribed to the four commitments provided
for in the specifications and will be able to obtain, at the end of
this procedure, a block of 2×5MHz spectrum each. Further, the
four companies are also authorized to participate in the auction

Open Fiber Sale Approved by EC

The European Commission has approved (CDP) is increasing its stake by 10% to 60%.
the sale of a 50% stake in Italian wholesale The 50% holding was offloaded by Open
telco Open Fiber. Australian infrastructure Fiber’s founding shareholder, utility group
investment firm Macquarie has been Enel. EC regulators said the deal would not
cleared to acquire a 40% interest, while raise competition concerns.
Italy’s state lender Cassa Depositi e Prestiti

EC Preliminary Assessment Highlights Competition Concerns in Czech

Market

The European Commission (EC) has the TFEU by their effects. The Commission to financial disincentives as well as
published its initial assessment in Case considers that the NSAs (together with the information exchange’, in turn potentially
AT.40305 ‘Network Sharing – Czech MNSA), considered in their specific market affecting T-Mobile and O2’s ‘ability and
Republic’ concluding that, after careful context, reduce the Sharing Parties’ ability incentive’ to compete in both the retail and
analysis, it has concerns over the and incentives to unilaterally invest in wholesale segments. To address the EC’s
compatibility of the horizontal network network infrastructure and therefore competition concerns, the parties involved
sharing agreements (NSAs) concluded may negatively affect the ability and have reportedly offered to: modernize the
between T-Mobile Czech Republic and O2 incentives of T-Mobile and O2 to compete mobile network; to set and review the
Czech Republic and Czech infrastructure on the retail and wholesale markets for financial conditions for unilateral network
provider CETIN, and the Mobile Network mobile telecommunications services in deployments; to improve the NSAs
Services Agreement (MNSA) between Czechia.’ The EC went on to say that the contractual provisions to limit information
O2 CR and CETIN, that they hamper effect of the NSAs was to limit the rollout exchange; and to implement measures to
competition in breach of Article 101 of the of 2100MHz capacity in the east of the the MNSA to prevent information leakage
TFEU and Article 53 of the EEA Agreement. country by T-Mobile, as well as restricting between the companies. Having invited
In a filing, the agency noted: ‘According to the partners’ ‘individual flexibility’ to comments on the proposed commitments,
the Commission’s preliminary assessment, deploy 1800MHz band services. It also the Commission will now assess whether
the NSAs, as well as the MNSA, may restrict led to disincentives in terms of ‘unilateral the commitments address its competition
competition in violation of Article 101(1) of network deployments of any type due concerns.

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