Page 105 - SAMENA Trends - September-October 2020

REGULATORY & POLICY UPDATES SAMENA TRENDS

Movistar to Launch Tender for Sale of 10MHz of 1900MHz Airwaves

Chilean cellco Movistar is set to begin a private tender process on 25 September, Diario Financiero reports. The development
for the sale of a 10MHz block of spectrum in the 1900MHz band follows a decision from the Supreme Court in 2018 which ruled
that Movistar – along with rival mobile providers Claro and Entel
– had violated rules on spectrum limits by bidding for additional
airwaves in the 700MHz band in 2014, ordering the companies
to comply with the regulations at the time of the auction, the
rules on spectrum holding limitations having since been updated.
Following a series of protests from the companies, in October 2019
the court gave the trio a series of options to bring themselves into
compliance with the order, one of which was to sell a portion of
excess spectrum. The current tender is Movistar’s third attempt
at a sale, its previous efforts having run afoul of the Department
of Telecommunications (Subsecretaria de Telecomunicaciones,
Subtel), which had found that the bidding rules for the company’s
first two attempts did not comply with sector regulations.

CMA Asks EC to Refer Proposed O2 UK-Virgin Media Merger to It for

Investigation

A formal request has been made by the Further, the CMA claimed that the legal to the European Commission to review
UK’s Competition and Markets Authority requirements for the case to be transferred the proposed deal between Virgin and
(CMA) to the EC requesting that the latter to it have been met, while highlighting O2. Ultimately, this is a decision for the
transfers the review of the proposed that any impact on competition ‘will be EC, but as the merger will only impact UK
merger of O2 UK and Virgin Media to it. In limited solely to UK consumers’. Lastly, consumers – and any effects would only
a press release regarding the development, the competition body noted that, while the be felt after the end of the transition period
the CMA noted that, while the planned EC has previously highlighted its strong – it is only right for the CMA to request it
tie-up falls under the remit of the EC to interest in ensuring consistency across back.’ With the CMA said to have liaised
review, it can be transferred to the UK different merger cases in the telecoms closely with the EC on its investigation to
authority – subject to the agreement of the sector, the CMA believes that this is not date, it has said it will continue to do so in
European body. In requesting the transfer, relevant in this case given the imminent the event that the EC decides jurisdiction
the CMA has argued for this on the end of the transition period following should not be transferred. Meanwhile, the
basis that of case’s ‘potential impact on the UK’s exit from the EU. Commenting, initial deadline for the EC to respond to the
competition in several retail and wholesale Andrea Coscelli, Chief Executive at the British watchdog’s request is 19 November
telecommunication markets in the UK’. CMA, said: ‘We’ve sent a formal request 2020.

FCC Reveals 3.5GHz Winners in US Territories

The US Federal Communications Broadband offered USD11.213 million for in the auction. Finally, in American Samoa,
Commission (FCC) has revealed that 224 concessions. Over in Guam and the AST Telecom (BlueSky) offered USD47,600
a number of operators representing Northern Mariana Islands GTA (bidding as for twelve licenses. As previously reported
the unincorporated US territories have TeleGuam Holdings) paid USD644,000 for by TeleGeography’s CommsUpdate, gross
won 5G-suitable 3.5GHz licenses in four licenses, while IT&E (bidding as PTI proceeds from Auction 105 reached
the recently concluded Auction 105 Pacifica) agreed to pay USD529,400 for 15 USD4.586 billion, with the winning
spectrum sale. In Puerto Rico Claro, licenses. Interestingly, DOCOMO Pacific, bidders securing 20,625 (91.1%) of the
bidding as Puerto Rico Telephone which launched 5G mobile services in both 22,631 available licenses. The 3550MHz-
Company, committed to pay USD18.888 Guam and Saipan (on the Northern Mariana 3650MHz concessions represented the
million for a total of 231 licenses, while Islands) in August, came away empty- ‘greatest number of spectrum licenses
fixed-wireless operator Aeronet Wireless handed, despite registering to participate ever in a single FCC auction’.

105 SEP-OCT 2020