Page 180 - SAMENA Trends - September-October 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

networks. Using different equipment could create less will in this case be twice as expensive. The offering of
stability, market watchers say. Operators are also not end-user devices able to work on those bands will also
so positive about the deployment of 5G networks using be poorer.
4.4-4.99 GHz spectrum, saying infrastructure equipment (September 12, 2022) www.telecompaper.com

A parliamentary home affairs committee in Slovenia The Slovenia Times writes. If enacted, the bill will
has endorsed a bill which will finally transpose an replace the country’s Electronic Communications Act
EU directive on electronic communications. The EU of 2004, otherwise known as ZEKom. Some of the
Electronic Communications Code (EECC) should aspects covered by the update include network security
Slovenia have been implemented by all member states back measures, the use of public funds for broadband
in December 2020 and Slovenia has so far been fined
rollouts and market analyses.
EUR800,000 (USD798,800) by the EC for the delays, (September 16, 2022) www.telecompaper.com

The National Commission for Markets and Competition Transformation, acting via the Secretary of State for
(Comision Nacional de los Mercados y la Competencia, Telecommunications and Digital Infrastructures, has
CNMC) has initiated disciplinary action against Xfera launched a public consultation regarding its planned
Moviles, a subsidiary of Grupo MASMOVIL, regarding auction of 5G-suitable spectrum in the 26GHz band.
Spain its recent acquisition of regional operator Ahimas The government proposes to offer twelve 1×200MHz
nationwide licenses alongside 38 regional concessions.
(Ahi+). As per the regulator’s paperwork, Xfera did
not notify the CNMC regarding its takeover of the All licenses will be valid for 20 years (and extendable for
smaller operator, thus breaching of the Law for the a further 20 years).
Defence of Competition. On 29 March 2022 the (October 6, 2022) www.commsupdate.com
CNMC informed MASMOVIL that it needed to submit
the deal for regulatory approval, as the deal would Telecom regulator, the National Commission for
mean that MASMOVIL would exceed the sector’s Markets and Competition (Comision Nacional de los
market share threshold. On 18 May the CNMC issued Mercados y la Competencia, CNMC), has issued a
a first phase authorization – with no commitments EUR5 million (USD5 million) fine to Telefonica for its
– but the watchdog has now accused the telco of failure to fulfil its obligations relating to the takeover
‘jumping the gun’ by concluding the deal without the of pay-TV operator DTS (formerly Sogecable). The
proper authorizations in place. The CNMC expects its commitments – designed to maintain competition in
investigation into the deal to close within three months. the domestic market – were extended by the CNMC
In December 2020 MASMOVIL agreed a EUR115 million in July 2020, and in a statement the regulator noted:
(USD140 million) takeover fee for Ahimas; the deal was ‘Among the obligations breached are those related to
understood to have been quietly concluded in June the information that Telefonica has to send so that it
2022. TeleGeography notes that the rural telecoms is possible to analyze the effective replicability of the
specialist provides a full suite of telecoms services retail commercial offers that include their own premium
in regional locations across Extremadura, Castilla- channels in their wholesale pay-TV offer.’ The CNMC
La Mancha, Andalusia and Comunidad Valenciana. noted that it had issued the fine after the telco failed
Ahimas was previously owned by Inversiones Locua, to satisfactorily convince it that it had complied with
but MASMOVIL had held an acquisition option since its commitments. The regulator said though, that
2016. (October 7, 2022) www.commsupdate.com Telefonica can appeal the decision in the High Court
within two months of the notification.
The Ministry of Economic Affairs and Digital (September 20, 2022) www.commsupdate.com

Khumbudzo Ntshavheni, South Africa’s Minister document states: ‘The spectrum policy supports an
of Communications and Digital Technologies, has efficiency in utilization of spectrum resources, and
published a draft policy document proposing the trading given the scarcity and value of spectrum to national
of radio frequency spectrum for the first time. The long- development, hoarding of spectrum is not permissible
South Africa awaited proposal is included in the ‘Next Generation … The regulator should put measures in place that
Radio Frequency Spectrum Policy for Economic prevents hoarding of spectrum including mechanisms
Development (Spectrum Policy)’, that was issued on for the implementation of the “use it or lose it” principle
8 September. With regards to spectrum hoarding, the … Licensed spectrum that is unused for a period of

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