Page 104 - SAMENA Trends - November-December 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

Ireland’s Commission for Communications Regulation terms of next steps, ComReg has confirmed it will now
(ComReg) has published the results of the main stage advance to the ‘Assignment Stage’ of the sale process,
of its ‘Multi Band Spectrum Award’ sale process, to in which the specific frequency assignments for each
determine the winners and prices for a total of 470MHz band will be determined. ComReg will make a further
Ireland of bandwidth being offered across four frequency announcement regarding this stage ‘in due course’.
However, the regulator did reiterate that, in line with an
bands – 700MHz, 2100MHz, 2300MHz and 2.6GHz.
According to ComReg, the allocation of new spectrum order from the Court of Appeal dated 8 November 2022,
is expected to ‘significantly increase (by 46%) the it will not notify the winning bidders of their entitlement
spectrum available for fixed and mobile services, while to apply for licenses until a final determination has
facilitating operators in making long-term investment been made by the courts relating to an appeal lodged
decisions essential for the widespread rollout of 5G by Three Ireland against the spectrum sale back in July
services in Ireland’. Further, the spectrum sale will raise 2022. (December 15, 2022) www.commsupdate.com
around EUR448 million (USD477 million) for the state,
subject to the determination of legal proceedings. Ireland’s Commission for Communications Regulation
A total of four companies were confirmed to have (ComReg) has announced that the Court of Appeal has
successfully bid for new spectrum, with Vodafone made an order varying a stay on the implementation of
Ireland emerging as the biggest spender, having bid the country’s planned multi-band spectrum auction, with
EUR145.9 million for frequencies in the 700MHz (one this decision allowing the regulator to now progress the
2×10MHz block), 2100MHz (two 2×20MHz blocks) sale process. In a press release regarding the matter,
and 2.6GHz (two lots of 2×35MHZ FDD spectrum and ComReg revealed that the Court of Appeal made an
two 1×30MHz TDD blocks) bands. For its part, Three order on 8 November altering a stay which had previously
Ireland also secured frequencies in three bands, having been granted by the country’s High Court back in July
bid for EUR140.4 million for a 2×10MHz block in the 2022, following an appeal lodged against the spectrum
700MHz band, 2×20MHz blocks in the 2100MHz band, sale by local cellco Three Ireland. Now, according to the
and two 2×35MHz FDD blocks in the 2.6GHz band. Court of Appeal’s ruling, ComReg will be permitted to
Meanwhile, eir laid claim to spectrum in the 700MHz proceed to the ‘Main Stage’ of the multi-band spectrum
(one 2×10MHz block), 2100MHz (one 2×5MHz block award (i.e. the auction itself), although the regulator will
and one 2×20MHz block) and 2300MHz (two 1×60MHz notably be prevented from ‘notifying the winning bidders
block), after agreeing to pay a total of EUR140.2 million of their entitlement to apply for licenses’, pending a final
for these frequencies. Rounding out the winning determination regarding the matter from the courts.
bidders, Imagine Communications secured spectrum As a result of the Court of Appeals’ order, ComReg has
in the 2300MHz (two 1×40MHz blocks) and 2.6GHz confirmed it is now progressing the main stage of its
(two 1×15 TDD blocks), with a bid of EUR21.5 million. In spectrum sale process. (November 10, 2022) www.commsupdate.com

The telecom watchdog the Communications and mobile markets’, the regulator has said that should it
Utilities Regulatory Authority (CURA) has announced uncover evidence which suggests that there is cause
the launch of a first stage competition assessment for concern with regards to the competitive nature of
relating to the British Crown Dependency’s retail the mobile market, it would then commence a ‘Market
Isle of Man mobile markets. According to the regulator the move Review’ under Part 5 Division 4 of the Communications
is the first step in ‘a more comprehensive review of Act 2021 and devise appropriate remedies in order to
the competitive dynamics in the Isle of Man telecoms encourage effective competition in those markets.
markets, in line with best practice and the Authority’s A previous mobile market review by the Isle of Man
statutory obligations. In announcing the development, authorities was conducted in 2019, although following
the CURA said that as part of its routine monitoring it this no operator was designated as holding significant
had noted a number of areas for potential concern market power (SMP) in the retail mobile market, while
within some markets, particularly certain retail markets. the market itself was not found to be susceptible to
With the stated purpose of its market assessment ex-ante regulation. As such, there are currently no
being ‘to gather evidence on whether there is likely regulatory remedies in place.
to be sufficient competition within the Isle of Man’s (November 17, 2022) www.commsupdate.com

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