Page 123 - SAMENA Trends - Oct-Nov 2023

REGULATORY & POLICY UPDATES SAMENA TRENDS

comply with an order/resolution issued by the Anti-Red was a dispute over their legal ownership. Further, the
Tape Authority (ARTA). In short, ARTA ruled that the CA ruled that the telco’s suit for negligence against
telco’s application for a PA to operate mobile services the regulator over allegations it failed to assign the
in the 1970MHz-1980MHz paired with 2160MHz- frequencies was wrong given that under the National
2170MHz bands and the 3.6GHz-3.8GHz band was Telecommunications Act (RA 7925) the NTC holds
routinely approved by Republic Act 11032 (aka the Ease ‘discretion in implementing the law’s policies and
of Doing Business and Efficient Government Service objectives’ and it had previously disqualified NOW ‘due
Delivery Act of 2018). Whilst the ARTA ruling to accept to non-compliance with legal requirements’ dating back
NOW’s application took place on 17 June 2022, the CA to 2005 when it was disqualified from the assignment
considered that – as ARTA’s resolution was not yet of 3G frequency bandwidth due to ‘unpaid supervision
final, with an ongoing appeal currently before the Office and regulation fees (SRF) and spectrum user fees (SUF)
of the President, suggesting a grey area over NOW amounting to PHP2.6 billion’.
Telecom’s entitlement to these frequencies – NOW’s (October 3, 2023) www.commsupdate.com
petition had ultimately failed to prove its case as there

Thes Office of Electronic Communications (UKE) has The Office of Electronic Communications (UKE) in
confirmed that former CDMA operator Sferia has lost Poland says it is expecting the first applications next
a long-running legal battle challenging a decision to month from mobile network operators (MNOs) looking
revoke its licence to use spectrum in the 800MHz to deploy 5G base station equipment in the 3.5GHz
Poland band. In 2018, ahead of an auction to award 800MHz band. The regulator sold four 3.5GHz concessions last
frequencies to support 4G services, UKE announced
month to incumbent operators Orange, Play, T-Mobile
that existing 800MHz licensee Sferia could retain its and Plus. UKE spokesperson Witold Tomaszewski
2×5MHz allocation for a fee PLN1.73 billion (USD427 said that from the first quarter of next year users can
million). Sferia asked to pay the fee in instalments or expect a ‘significant improvement in the quality of
shorten the licence duration to reduce the fee but the telecommunications services, specifically an increase
two parties could not reach an agreement and Sferia in data transmission speed, and greater availability of
lost its rights to use the 800MHz spectrum. The operator network coverage’. The regulator is currently processing
appealed the decision, but UKE now says that Poland’s the frequency reservations for each operator.
Supreme Administrative Court has dismissed the legal (November 14, 2023) www.commsupdate.com
challenge. (November 16, 2023) Polska Agencja Prasowa

The State Commission for Radio Frequencies (SCRF) to approve a new frequency plan, which is ‘a fairly
has extended the country’s existing frequency licenses complex and lengthy process’ that will take ‘at least a
for analogue TV broadcasting – which includes the year’, whilst the head of state-controlled broadcaster
700MHz band earmarked for future mobile broadband NTV, Alexey Zemsky, was quoted claiming that it will
Russia usage – until 31 December 2024. The head of the take ‘four to five years’ for the industry to switch to
other frequencies after such a plan is agreed. Russia
Ministry of Digital Development, Communications &
Mass Media, Maksut Shadayev, was cited as saying completed a phased switch-off of federal ‘must-carry’
that a decision needs to be made ‘before March 2024’ analogue TV channels in October 2019, while regional
on a strategy for releasing the 700MHz frequencies analogue TV broadcasting has remained in operation
for developing 5G, a plan which is expected to require under repeated license extensions from the SCRF. The
compensation for broadcasters losing the spectrum. country’s main cellcos MTS, MegaFon, Tele2 and Beeline
The report also cites Alexey Malinin, president of hold in-principle rights to the 700MHz band under their
Russia’s National Association of Television & Radio 4G licenses but in practice do not have access to the
Broadcasters, highlighting that his sector needs frequencies. (November 23, 2023) TelecomDaily

The government is planning to auction spectrum for 5G measures to ensure a successful transition to 5G. These
services in 2024, Serbian IT Minister Mihailo Jovanovic include the removal of barriers to the construction of
announced at the opening of the TELFOR conference base stations and the deployment of fiber infrastructure
this week. The Minister added that, alongside in rural areas, which the minister said were ‘necessary for
Serbia preparations for the auction, the Ministry of Information the full potential of 5G technology to be realized within
a reasonable time [and] available to everyone’. Through
and Telecommunications (MIT) is working on related
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