Page 175 - SAMENA Trends - September-October 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

to have called are ‘excessive’ and ‘punitive’. Despite this, now seek consent from the communications minister to
the watchdog did not accept the MNOs’ view that short- finalize the regulations as set out in the final draft form.
term licenses have a nominal or low value, and as such Meanwhile, it has said that considering the imminent
confirmed it plans to set the fee for a 2×5MHz block of expiry of certain existing concessions, current licensees
700MHz spectrum at EUR410,000 (USD406,000) for a can now apply for the new short-term licenses, and
three-month period, while the fee for 2×5MHz block in the regulator will proceed to process any applications
the 2100MHz band will cost EUR212,000 for the same once the minister consents to making the appropriate
duration. In terms of next steps, ComReg said it will regulations. (September 22, 2022) www.commsupdate.com

Applications from companies interested in providing application process for them are well-measured as a
5G services in Jersey have been invited by the Jersey result.’ (September 23, 2022) www.commsupdate.com
Competition Regulatory Authority (JCRA). Applicants
reportedly have until mid-November 2022 to submit their An update regarding proposed modifications to the
Jersey tenders, with the watchdog noting that companies ‘will Class II licenses assigned to Clear Mobitel (Jersey),
need to demonstrate their ability to provider Islanders Homenet, Jersey Airtel and Newtel has been published
with advanced services associated with the new by the Jersey Competition Regulatory Authority
technology’. According to the JCRA, once the tenders (JCRA). Having previously issued a consultation on its
have been evaluated it will make recommendations for proposed adoption of network sharing guidelines back
awarding licenses for up to three applicants. Meanwhile, in June 2022, the following month saw the regulator
the JCRA has also confirmed the remaining timeline for issue an initial notice of its intention to modify the four
the licensing process, in which it envisages evaluating aforementioned operator’s concessions in relation to
tenders and determining the outcome by the end of those guidelines. As per a consultation on the matter,
2022. Subsequently it expects to announce the tender the JCRA said it had determined that it would be
outcome and make recommendations for spectrum disproportionate to impose on these smaller operators
licenses to be issued by UK regulator Ofcom – which a direct obligation to ensure that any network sharing
has responsibility for managing Jersey’s radio spectrum arrangements comply with the guidelines; such an
– between January and March 2023. Finally, the JCRA obligation is, however, being imposed on JT Jersey and
anticipates that Ofcom will issue the concessions by Sure Jersey. While the modification to the four Class
June 2023, while the Jersey regulator will itself complete II licenses had been expected to take effect earlier
any necessary local telecoms licensing arrangements this month, the JCRA has now confirmed it received
by that date. Commenting, JCRA CEO Tim Ringsdore a representation from one of the four companies
said: ‘Releasing the invitation to tender for 5G spectrum regarding the matter – though it stopped short of
licenses marks a further important step in the process identifying which one. As such, the regulator has said
of ensuring Islanders have access to the next generation it will now consider the representation, while ‘notice of
of mobile and wireless services. As would be expected, its determination and of the status of such proposed
we’ve considered the views and examined the concerns modifications’ are expected to be issued ‘in due course’.
of a wide range of stakeholders to reach this point. I’m (September 2, 2022) www.commsupdate.com
confident that the packages being made available and

Following the conclusion of Kenya’s SIM registration at 91%, while a statement added that Telkom’s case ‘is
program, the Communications Authority (CA) has still under review and more details shall be provided
announced that mobile operators have been given an upon conclusion of the review’.
additional 60 days to comply with the regulations, or The CA reiterates that the additional 60 days is not
Kenya face penalties. In February the regulator directed the an extension, but a period for mobile operators to
country’s mobile operators to ensure that the personal take certain actions, including denial of service of
details of their subscribers were fully updated by 15 unregistered SIM cards, to prompt further compliance.
April 2022, in accordance with the Kenya Information It will then undertake an audit to ascertain the level of
and Communications (Registration of SIM Cards) compliance, and could then enforce penalties of up to
Regulations 2015. However, in April the CA decided 0.5% of an operator’s annual gross turnover. (October
to extend the deadline by a further six months, to 15 18, 2022) www.commsupdate.com
October 2022, in order to give operators and subscribers
sufficient time to register their details. At this date, The government regained full control over Telkom
the regulator claims that market leader Safaricom’s Kenya after forking out KES6.09 billion (US$50.3m)
compliance rate reached 93% and Airtel Kenya’s stood for the 60% majority stake held by British investment

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