Commissioner King's keynote address at the European Cybersecurity Forum, Krakow | European Commission

Commissioner King's keynote address at the European Cybersecurity Forum, Krakow | European Commission: "To further reinforce these efforts, the new Cyber Security Agency will also implement an EU Standards and Certification Framework to drive up the level of cyber security by ensuring products on the market are sufficiently cyber-resilient.

“Security by design” means devices developed to the highest standards, and kept up to date as new threats emerge, with a ‘duty of care’ on producers.

We need to move to a world in which there are no default passwords on connected devices, one where all companies providing internet services and devices adhere to a vulnerability disclosure policy, and one where connected devices and software are updatable for their entire lifespan." 'via Blog this'

Italy regulator explores forced Telecom Italia network split: sources

Italy regulator explores forced Telecom Italia network split: sources: "Politicians and rival phone companies have long called for TIM to separate its network, but pressure has increased since Rome took issue with the growing influence of French media group Vivendi (VIV.PA), which is its top investor with a 24 percent stake and recently appointed two of TIM’s top managers.

 One option that could be explored to make the new company more independent from TIM would be to put representatives from the regulator, known by its acronym AGCOM, on its board, one of the sources said.

If it went ahead with the plan, AGCOM would follow the example of British counterpart Ofcom, which forced BT (BT.L) to separate its network unit Openreach. The deal was finalised in March after a two-year regulatory battle." 'via Blog this'

Rising Tide: Content Providers' Investment in Submarine Cables Continues

Rising Tide: Content Providers' Investment in Submarine Cables Continues: "Several years ago, the network requirements of content providers were not particularly notable. However, the amount of capacity deployed by private network operators, largely content providers, has outpaced that of Internet backbone operators in recent years. The rise of private network demand is not spread evenly around the globe, however. These companies focus their network planning on linking their data centers and major interconnection points. Thus, outside of major routes, the role of content providers is not as pronounced. The figure below shows how the share of private networks capacity varies across major submarine cable routes." 'via Blog this'

BT Update - UK Progress of G.fast, FTTP Broadband, 21CN and Qube Engineers - ISPreview UK

BT Update - UK Progress of G.fast, FTTP Broadband, 21CN and Qube Engineers - ISPreview UK: "Openreach are still consulting on the possibility of doing 10 million premises by around 2025 and the latest update didn’t expand on that, except to say that a “major investment option” was being considered that could potentially involve building for the “next 20-50 years” (possibly all of the UK on FTTP? Maybe one day).

Meanwhile there was a small update on the new 330Mbps capable hybrid-fibre G.fast broadband roll-out, which has recently begun an expansion of its pilot to 1 million premises by the end of 2017 and followed by the goal of hitting 10 million by 2020 (here). On current progress, BTWholesale said they expect G.fast to cover 1.1 million premises by the end of March 2018." 'via Blog this'

ECTA - After European Parliament vote, challenges remain to make Code fully pro-competitive

ECTA - After European Parliament vote, challenges remain to make Code fully pro-competitive: "Estonian Presidency proposal of 22 September 2017 embodies significant risk for future competition by allowing the benefits of a fully-fledged toolbox to be wiped out and operators with significant market power (SMP) to be granted regulatory holidays under the cover of the co-investment banner.

 Without decisive action in the course of interinstitutional negotiations, the Code risks sacrificing a functioning SMP regime – the core of sectoral regulation that has created benefits for end-users in the EU by promoting competition – for promises of co-investment. To make co-investment a competitively sustainable reality, ECTA considers that the upcoming negotiations urgently need to address the issue of co-ownership, while ensuring access to non-participating operators on terms that enable them to compete effectively." 'via Blog this'

Overview - Telecommunications Industry Dialogue

Overview - Telecommunications Industry Dialogue: "This section of our Web site brings together information published by Vodafone Group in June of 2014 and February of 2015 and by Telenor Group in May of 2015 with new material that the Telecommunications Industry Dialogue published in June of 2015.  In addition to the aforementioned company reports covering the pertinent legal frameworks in 39 countries, the Industry Dialogue is publishing reports on five countries – Colombia, Jordan, Kazakhstan, Pakistan, and Russia – that represent the diversity of its member companies’ global footprint.   Over time, the Industry Dialogue and its participating companies aim to expand on this resource.  Recently, TeliaSonera has done so by publishing a list of the most relevant laws on signals intelligence and real-time access to communications in 13 markets in which the company has majority-owned operations.

 The information contained in this section seeks to highlight some of the most important legal powers available to government authorities seeking to access communications data or to restrict the content of communications in 44 different countries.   These powers are divided into the following six categories: 1) provision of real-time, lawful interception assistance, 2) disclosure of communications data, 3) national security and emergency powers, 4) censorship-related powers, 5) oversight of the use of these powers, and for certain countries, 6) publication of laws and aggregate data relating to lawful intercept and communications data requests." 'via Blog this'

UPDATE Ofcom to Deregulate More of the UK Wholesale Broadband Market - ISPreview UK

UPDATE Ofcom to Deregulate More of the UK Wholesale Broadband Market - ISPreview UK: "The change in definition means that BT is still considered to have Significant Market Power (SMP), albeit only in around 2% of UK premises where their Openreach network has no competition or competition from only one other primary network operator (Market A).

 Ofcom states that “the level of investment required by a third party to replicate BT’s broadband access network in Market A is a significant barrier to entry” and “an obligation requiring BT to provide WBA network access to third parties on reasonable request is necessary in our view to protect effective competition in retail broadband services” (limited to certain services – see below).

In keeping with that, Ofcom has proposed to update their regulation as follows." 'via Blog this'

Is the EU Roaming-free dream crumbling? New Europe

Is the EU Roaming-free dream crumbling?: "service providers were allowed an “out” to providing roaming without charge to their countries in Article 6 of the 2015 EU Regulation that created Roam Like at Home. Under this article service providers may submit an application to apply a surcharge if they are able to substantiate that they are not able to recover their “actual or projected costs” of providing roaming services. If their application is approved, service providers can then apply surcharges to recoup the costs of providing roaming services." 'via Blog this'

Tackling Barriers to Telecoms Infrastructure Deployment: Issues and Recommendations – Broadband Stakeholder Group

Tackling Barriers to Telecoms Infrastructure Deployment: Issues and Recommendations – Broadband Stakeholder Group: "The Broadband Stakeholder Group has today launched a report, commissioned from Analysys Mason that looks at the practical steps the UK can take to lower barriers to telecoms infrastructure deployment.

The deployment of telecoms networks is not always delivered as efficiently as possible, thus creating delays in getting businesses and households connected or benefiting from improvements to their broadband connection. In order to deploy networks, typically putting network cables underground, telecoms providers have to comply with a number of regulations governing the planning process (e.g. to be able to block, dig and reinstate roads). Deployment at a national or multi-regional scale could in more cases than not prove a challenge when planning legislation is interpreted in differing ways by local authorities." 'via Blog this'

Europe's Digital Progress Report 2017 country profiles - Telecom country reports

Europe's Digital Progress Report 2017 country profiles - Telecom country reports | Digital Single Market: "EDPR reports combine the quantitative evidence from (DESI) with country-specific policy insights, allowing us to keep track of the progress made in terms of digitalisation by each Member State and providing an important feedback loop for policy-making at EU level. The telecom country chapters reports on telecom market and regulatory developments in each Member State, looking at the respective competitive environment, the measures taken to facilitate network deployment, as well as consumer issues including roaming and net neutrality." 'via Blog this'

How Thatcher killed the UK's superfast broadband before it even existed | TechRadar

How Thatcher killed the UK's superfast broadband before it even existed | TechRadar: "But, in 1990, then Prime Minister, Margaret Thatcher, decided that BT's rapid and extensive rollout of fibre optic broadband was anti-competitive and held a monopoly on a technology and service that no other telecom company could do.

"Unfortunately, the Thatcher government decided that it wanted the American cable companies providing the same service to increase competition. So the decision was made to close down the local loop roll out and in 1991 that roll out was stopped. The two factories that BT had built to build fibre related components were sold to Fujitsu and HP, the assets were stripped and the expertise was shipped out to South East Asia.

"Our colleagues in Korea and Japan, who were working with quite closely at the time, stood back and looked at what happened to us in amazement. What was pivotal was that they carried on with their respective fibre rollouts. And, well, the rest is history as they say.

 "What is quite astonishing is that a very similar thing happened in the United States. The US, UK and Japan were leading the world. In the US, a judge was appointed by Congress to break up AT&T. And so AT&T became things like BellSouth and at that point, political decisions were made that crippled the roll out of optical fibre across the rest of the western world, because the rest of the countries just followed like sheep." 'via Blog this'

EU telecom watchdog plan dead on arrival

EU telecom watchdog plan dead on arrival: "The Berec guidelines were hailed as closing perceived loopholes in EU legislation on the openness of the internet, which had worried digital activists.

 Berec consists, somewhat confusingly, of Berec - which does not have the status of agency - and the Berec Office - which is an EU agency, but the smallest of its kind.

Last September, the commission proposed that the two entities should be merged and given the status of an EU agency.

 The commission said Berec is receiving ever more tasks in the move towards a Digital Single Market in Europe.

"It seems appropriate and necessary to build on this experience by turning both together into a fully fledged agency," the proposal noted.

The EU executive also proposed that Berec's annual budget should be increased from around €4 million to some €14 million, and to increase its staff from 27 to 60.

 The commission's plan can only become law if it receives the support from the European Parliament, and the Council of the EU, but both institutions are reluctant." 'via Blog this'

Closing the Online Crime Attribution Gap: European law enforcement tackles Carrier-Grade NAT (CGN) | Europol

Closing the Online Crime Attribution Gap: European law enforcement tackles Carrier-Grade NAT (CGN) | Europol:

"CGN technologies are used by ISPs to share one single IP address among multiple subscribers at the same time. As the number of subscribers sharing a single IP has increased in recent years –in some cases several thousand – it has become technically impossible for ISPs to comply with legal orders to identify individual subscribers. In most EU countries, when served with a legal order, these providers have a legal obligation to provide subscriber information on a person suspected of involvement in criminal activities.

The impact of this technological development on police work is considerable. An increasing proportion of investigations into terrorism and serious crime rely on the ability to identify offenders via a capability that is now being seriously eroded.

 CGN technologies have been used by ISPs for a number of years as a solution to postpone the necessary financial investments to upgrade their networks to allow for the transition to the next generation of Internet Protocol Address version 6, or IPv6, which offers an unlimited pool of IP addresses. Due to the undeniable benefits of IPv6 over IPv4, this transition to IPv6 is called upon by the vast majority of internet engineering experts, governments, international organisations (including the UN and the EU), but also NGOs promoting a safe, open and secure internet." 'via Blog this'

Competition Appeal Tribunal - BT v. Ofcom ex p. Sky pay-TV

Competition Appeal Tribunal - Judgment: "Judgment of the Tribunal on an appeal by British Telecommunications PLC (“BT”) challenging a decision by the Office of Communications (“OFCOM”) to remove the wholesale must-offer obligation (“WMO”) that it had imposed on Sky in 2010. That obligation required Sky to wholesale certain sports channels to other pay TV retailers with prices and terms set by OFCOM. "



'via Blog this'

UK ISP TalkTalk Loses Fewer Broadband Users and Details York FTTP Plan - ISPreview UK

UK ISP TalkTalk Loses Fewer Broadband Users and Details York FTTP Plan - ISPreview UK: "it’s worth checking out the ISP's latest investor results presentation as this sheds some light on customer feedback and future plans. According to that, TalkTalk plans to invest £40m over 3 years to expand their capacity and “drive down our long term backhaul costs by £20m p.a.“.

 The same presentation notes how they plan an “extension of dark fibre capacity from core network to collector (edge) will drive costs down as bandwidth expands exponentially”" 'via Blog this'

Vodafone fined £4.6m for serious breaches of consumer protection rules | Business | The Guardian

Vodafone fined £4.6m for serious breaches of consumer protection rules | Business | The Guardian: "Vodafone has been fined £4.6m by Ofcom for “serious and sustained” breaches of consumer protection rules.

 It is the second-largest fine ever handed out by the regulator, after a £5.7m penalty imposed on ITV in 2008 over the “abuse” of premium-rate phone lines in a number of hit shows.

 Ofcom carried out two investigations into the telecoms company. Vodafone was fined £3.7m for taking pay-as-you go customers’ money without providing a service in return; and £925,000 for flaws in its complaints handling processes.

The penalties have to be paid to Ofcom within 20 working days. The money will be passed on to the Treasury." 'via Blog this'

Telecommunications Policy Analysis: United Kingdom – splendid isolation

Telecommunications Policy Analysis: United Kingdom – Brexit mean no more European regulatory networks, no BEREC, no RSC, no RSPG, etc … splendid isolation: "These arrangements have been voted down and end with Brexit in early 2019. There will be neither more comitology nor multi-level governance, with the exception of domestic arrangements (e.g., Joint Ministerial Committees).

From the day of Brexit, OFCOM will cease to participate in:
·        

Body of European Regulators of Electronic Communications (BEREC);
·        

Communications Committee (COCOM);
·        

Radio Spectrum Committee (RSC); and
·        

Radio Spectrum Policy Group (RSPG).

 These bodies are constituted by EU legal instruments derived from EU treaties, with the committees and groups advising EU institutions. They have coordinated the creation and implementation of policies within the EU and European Economic Area (EEA).

The only possible exception would have been the “Norway option”. This now seems extraordinarily unlikely, though it might have preserved participation or observer status in some groups." 'via Blog this'

Mandatory communications data retention lives on in the UK - or does it?

Mandatory communications data retention lives on in the UK - or does it?: "The Act does four main things. 

 It substantively re-enacts the mandatory data retention provisions of the 2009 Data Retention Regulations. Those were based on the EU Data Retention Directive, which the CJEU invalidated on 8 April 2014.

It introduces new regimes for subjecting providers located outside the UK to maintenance of interception capability notices, interception warrants and communications data acquisition notices. 

It also provides that obligations imposed by such warrants and notices can apply to conduct within and outside the UK. The government maintains that this is no more than a clarification of the pre-existing position.

 It supplements the definition of 'telecommunications services' in the Regulation of Investigatory Powers Act 2000 (RIPA). This potentially affects which services can be the subject of maintenance of interception capability notices, interception warrants and communications data acquisition notices. The government has stoutly maintained, to a chorus of scepticism, that the additional text does not broaden the pre-existing definition but merely clarifies it.

 It may affect which providers can be made subject to the mandatory data retention obligations. The 2009 Regulations used the Communications Act 2003 definitions, based on those in the EU Framework Directive. The new legislation replaces these with RIPA definitions, including the newly supplemented definition of 'telecommunications services'." 'via Blog this'

2014 Report on Implementation of the EU regulatory framework

2014 Report on Implementation of the EU regulatory framework for electronic communications - Digital Agenda for Europe - European Commission: "This is the 18th monitoring report on the electronic communications market and regulations, covering in particular key market and regulatory developments in 2012 and 2013.

The report starts with a chapter on the European Union, addressing issues such as economic indicators, competitiveness, market developments including roaming, regulations, broadband plans, authorisation, spectrum management, access and interconnection, consumer issues and net neutrality.

This is followed by 28 chapters on market and regulatory developments in each of the EU Member States." 'via Blog this'

Appealing an Ofcom Regulatory Decision

Appealing a Telecoms Regulatory Decision - Technology's Legal Edge:

"The CAT provided a neat summary with respect to its jurisdiction, which is to review sector regulatory decisions on their merits. It cited observations from two previous Court of Appeal decisions, namely:

 that the applicant must show that the decision of Ofcom itself is wrong [Everything Everywhere Limited v Ofcom (Mobile Call Termination) [2013] EWCA Civ 154 at 22]; and

 that if Ofcom addressed the right question by reference to relevant material, any value judgment on its part must carry great weight [Teleconica O2 UK Limited v Ofcom [2012] EWCA Civ 1002 at 67].

The CAT concluded that Ofcom had in fact conducted a thorough market review process, consulting with all stakeholders, with BEREC and the EC and publishing a number of consultation documents, as well as holding meetings. During the course of its review Ofcom had taken into account the various benefits and concerns it had with respect to PIA and had invited responses from the industry on them." 'via Blog this'