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'

Ericsson downgrades global mobile forecasts but tries to hide it

Net neutrality in Europe: Ericsson downgrades global mobile forecasts but tr...: Ericsson downgrades global mobile forecasts : Barry Flynn Communications : Bad science! "The major absence from this report, however, i...

UK Accuses EU of Delaying Urban Broadband Funding Approval

UPDATE UK Accuses EU of Delaying Urban Broadband Funding Approval - ISPreview UK: "Iain Bennett from DCMS manfully defending the increasingly sticky wicket that is the Urban Broadband Fund. He explained that the competition authorities in Brussels won’t sign off on state aid approval for the DCMS plan without a long and no doubt tedious examination. This would take the programme out of time. A key sticking point is open access with the Commission insisting that any state aid should go only to open access providers, leaving DCMS worried that this would mean the exit of BT. As a consequence cities are left with a need to urgently find Plan B.“ So what is Plan B? Bennett apparently told the audience that the government was looking at some sort of “end user vouchers” that wouldn’t fall foul of EU state aid rules"
All this because BT and Virgin won't build wholesale networks - charming! 'via Blog this'

France pushes for controls on Skype calls

France pushes for controls on Skype calls - FT.com: "Arcep said the fact that Skype allowed its users to make voice calls to fixed line and mobile numbers in France meant that it provided a telephone service, and therefore had an obligation to allow emergency calls and to allow French police and security services to monitor its voicemail traffic when legally required. Skype rejected the claims, saying: “We have engaged with Arcep in discussion over the last several months during which we shared our view that Skype is not a provider of electronic communications services under French law.” 'via Blog this'

ETNO calls for deregulation in fixed telephony

ETNO calls for deregulation in fixed telephony - Telecompaper: "the lobby group for incumbent operators would like to see ex ante regulation ended in the retail market for access to the fixed telephone network (market1). It sees no competition issues in the market, as fixed telephony is increasingly subject to competition from mobile networks and over-the-top services provided on broadband networks.  ETNO also wants a new approach to wholesale regulation of broadband networks that takes into account all competing platforms at retail level, including cable and next-generation mobile networks, in accordance with the principle of technological neutrality. National regulators should also be asked to analyse geographical differences within a national market, in order to focus regulation on uncompetitive areas. Furthermore, ETNO said it sees no need to add new markets (such as IP transit or SMS termination) to the list of relevant markets." 'via Blog this'

TeliaSonera CEO Quits Amid Criticism

TeliaSonera CEO Quits Amid Criticism - WSJ.com: "Mr. Nyberg said he had been informed Thursday evening that a major reshuffling of the board was pending and that the new board wasn't prepared to give him its support. Chairman Anders Narvinger, who in December said he wouldn't stand for re-election, said he expects the majority of the board to leave following pressure from its biggest owners, the states of Sweden and Finland. "The company is in a very troublesome situation," Mr. Narvinger told a news conference. "In hindsight, you can say that we should have scrutinized operations closer."" 'via Blog this'

EE Loses Appeal Over Mobile Connection Fees Cut in Half by Ofcom

EE Loses Appeal Over Mobile Connection Fees Cut in Half by Ofcom - Bloomberg: "EE, the wireless operator owned by Deutsche Telekom AG (DTE) and France Telecom SA (FTE), lost a bid to overturn the U.K. telecommunication regulator’s decision to limit what mobile companies can charge to connect to other networks. EE challenged Ofcom’s 2011 reduction of so-called termination rates by more than half, a move that is expected to cost operators about 200 million pounds ($302 million) a year, appeals court judge Alan Moses said in a written ruling today. He agreed with an earlier decision by the Competition Appeal Tribunal and rejected EE’s claim."
British Telecommunications PLC & Ors -v- Office of Communications, Appeal of 2nd Appellant from the order of The Competition Appeal Tribunal, dated 8th May 2012, filed 20th June 2012. C3/2012/1523 'via Blog this'

Commission fines Telefónica and Portugal Telecom €79m for illegal non-compete contract clause

EUROPA - PRESS RELEASES - Press Release - Antitrust: Commission fines Telefónica and Portugal Telecom € 79 million for illegal non-compete contract clause: "Article 101 of the TFEU prohibits agreements that have the object or effect to restrict competition and may affect trade in the EU Single Market. Both Telefónica and Portugal Telecom are the largest telecoms operators in their home countries. For example, in 2011 Telefónica accounted for almost half of all revenue generated by the Spanish telecoms sector. Each of the parties has a very limited presence in the other party's home country. The Commission opened an investigation on its own initiative in January 2011 (see IP/11/58) after it became aware of the agreement between Telefónica S.A. and Portugal Telecom SGPS S.A. The Commission has a copy of the agreement concluded on the occasion of the Vivo transaction and of the non-compete clause, which originally was due to run from September 2010 to the end of 2011. The Commission sent the parties a Statement of Objections in October 2011 (see IP/11/1241)." 'via Blog this'

Scarcity is the Achilles’ Heel of Legacy Broadband

Scarcity is the Achilles’ Heel of Legacy Broadband | Technically speaking …: " In 2003, when consumer ADSL broadband was just emerging, a 2Mb/s connection cost 25€ per month. Free smashed the doors of the market open by offering triple-play with 8Mb/s broadband and unlimited national voice for 30€ per month. Over the years, the package grew with additional services and features, but the price stayed flat. It took a while for Free’s competitors to accept that the company wasn’t losing money with each new customer, and the “Internet Troublemaker” as the French press has dubbed, conquered a third of the broadband market and continues to exert a psychological pressure on the ecosystem to this day. Over time, the steam in their wireline engine has exhausted, but they’re now in the process of disrupting the wireless business. On the opposite end of the disruptive spectrum lies Norway’s Altibox. Altibox launched its fiber to the home services the same year Free was launching triple-play in France" 'via Blog this'

European Commission prohibits Ryanair/Aer Lingus deal | Chillin'Competition

European Commission prohibits Ryanair/Aer Lingus deal | Chillin'Competition: "Last Wednesday the Commission confirmed that it has decided to prohibit -for the second time- the proposed merger between Ryanair and Aer Lingus merger (click here for the press release). This is the fourth prohibition decision adopted under Commissioner Almunia, and the 24th in the history of EU competition law." 'via Blog this'

Commission insists German operators should not be allowed special treatment on mobile rates

EUROPA - PRESS RELEASES - Press Release - Digital Agenda: Commission insists German operators should not be allowed special treatment on mobile rates: "In the letter sent to BNetzA today, the Commission explains that the new rates in the regulator's proposal do not comply with the principles and objectives of EU telecoms rules which require Member States to promote competition and the interests of consumers in the EU, as well as the development of the Single Market. This is a further example of the Commission using its powers regarding national remedies under Article 7a of the Telecoms Directive (MEMO11/321). BNetzA now has three months to work with the Commission and the body of European telecoms regulators (BEREC) on a solution to this case." 'via Blog this'

Magyar Telekom executives regulated by US anti-corruption laws

Against corruption in telecoms: "A judge in the Southern District of New York denied three Hungarian nationals’ motion to dismiss charges brought by the Securities and Exchange Commission (SEC) related to violations of the Foreign Corrupt Practices Act (FCPA). In SEC v. Straub (1:11-cv-09645), the SEC brought a lawsuit against the three individuals for an alleged bribery scheme involving government officials in Macedonia. Despite the fact that the Hungarian nationals worked for a Hungarian company and the alleged bribery occurred with foreign nationals outside of the United States, the SEC asserted that it had jurisdiction over the individuals because the company was traded through American Depository Receipts listed on the New York Stock Exchange." 'via Blog this'

Berec disagrees with EC call on Czech fixed termination fees

Berec disagrees with EC call on Czech fixed termination fees - Telecompaper: "The Bureau of European Regulators for Electronic Communications (Berec) thinks that the doubts expressed by the European Commission on the Czech regulator CTU's draft decision on market 3 are not justified. In November 2012 CTU notified the EC of its draft measure on market 3, for call termination on fixed networks. In December 2012, the EC issued its opinion on the draft, saying it would create a barrier to the internal market and may be incompatible with EU law. As part of the EC's phase II investigation, Berec issued its own opinion on the Czech regulator's proposal. Berec argues that the resulting price levels themselves cannot be a reason for the EC's doubts, as the CTU used the EU's recommended model for calculating fixed termination rates. Berec also disagrees with the EC that the modeled network was not entirely IP-based. The third issue is the EC's doubts over whether the costs in the model are based on an efficient operator. Berec recommends that these three elements of the methodology are more closely examined by the EC and CTU before a final decision is taken." 'via Blog this'

Brussels threatens to take governments to court to create single mobile market

Brussels threatens to take governments to court to create single mobile market | Business | guardian.co.uk: "The European commission has waded into battle on behalf of the region's beleaguered mobile companies, threatening to overrule national governments by taking them to court in order to enforce the creation of a single market for telecoms. In a move which could erode the power of national watchdogs like the United Kingdom's Ofcom and centre decision making in Brussels, telecommunications commissioner Neelie Kroes promised to drive through one set of rules for the industry across Europe's 27 member states." 'via Blog this'

Verizon v. FCC, No. 11-1355 (D.C. Cir.) - the net neutrality case

Verizon v. FCC, No. 11-1355 (D.C. Cir.) | FCC.gov: "FCC used its Second Computer Inquiry, 77 FCC 2d 384 (1980), affirmed in CCIA v. FCC, 693 F.2d 198 (D.C. Cir. 1982) to achieve competition in data networks; see NCTA v. Brand X Internet Services, 545 U.S. 967, 976-977 (2005).
In the Telecommunications Act of 1996, Congress granted the FCC a central role in making and implementing federal policy regarding the Internet. Congress left to the Commission’s discretion the fundamental policy decision whether to classify broadband access as a “telecommunications service” subject to the common carrier provisions of Title II of the Communications Act or as an “information service” not subject to Title II. See 47 U.S.C. § 153(24), (53); Brand X, 545 U.S. at 976-977. Furthermore, in Section 706(a) of the Telecommunications Act of 1996, Congress directed the Commission to “encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans” based on competition." 'via Blog this'

Ofcom Advises EU of Intent to Slash BT Leased Line Prices in the UK

Ofcom Advises EU of Intent to Slash BT Leased Line Prices in the UK - ISPreview UK: "The communications regulator, Ofcom, has today issued a Draft Statement that formally notifies the European Commission (EC) of their proposal to cut the price that ISPs, mobile operators and businesses pay to BT for wholesale Leased Line services at speeds of above 1Gbps in all parts of the UK except London and Hull. Ofcom’s review of the country’s £2bn (annual) market for business telecoms services last year found that BT had Significant Market Power (SMP) in the “relatively new market” for 1Gbps+ and should thus be subject to tighter regulation (here), which included overall price caps linked to inflation that would ultimately result in a “real-terms price reduction“." 'via Blog this'

Net neutrality in Europe: Neelie Kroes: Your EU rights as a telecoms user - ...

Net neutrality in Europe: Neelie Kroes: Your EU rights as a telecoms user - ...: Neelie Kroes blog - Your EU rights as a telecoms user - European Commission : "A few years ago the EU agreed a package of measures for the E...

Just what does BT have planned for its 4G licence

Just what does BT have planned for its 4G licence: We drill into UK LTE • The Register: "BT could offer in-home LTE, backhauled over broadband whenever one was near a BT Broadband customer or OpenZone spot, and roaming to one of the operators the rest of the time. With the right pricing that could be a very competitive offering, and something the network operators should be concerned about" 'via Blog this'

Presentation for 19 February

Note we are meeting at both 10-12 in the usual room and 4-6pm in the smaller of the Law Common Rooms (to the right of 5S.6.17).
Your assignment is to keep with the reading for Weeks 4-5, to collect the reading from the Law office, and to make a presentation of 3 slides outlining telecoms regulatory development in 2009 in your chosen country: Australia, UK, Turkey, Finland, Netherlands, France, Germany. The link to the country reports is here (Published October 2010): note that country reports have been replaced by a confusing mess of statistics in 2011/2012.

Finally! Bidding starts in UK 4G auction

Finally! Bidding starts in UK 4G auction | Watching the Connectives: "After many twists and turns (see here for background), the UK auction of spectrum in the 800 MHz and 2.6 GHz bands started 23 January. Ofcom announced that the bidders are:
Everything Everywhere Limited
HKT (UK) Company Limited (a subsidiary of PCCW Limited)
Hutchison 3G UK Limited
MLL Telecom Ltd
Niche Spectrum Ventures Limited (a subsidiary of BT Group plc)
Telefónica UK Limited
Vodafone Limited" 'via Blog this'

Internet access declared a basic right in Germany

Internet access declared a basic right in Germany | Sci-Tech | DW.DE | 27.01.2013: "Germany's Pirate Party, which supports freedom of information, sees the ruling as having "far-reaching consequences" for policy-makers, as stated by Pirate Party national executive board member Klaus Peukert in his blog. He notes that if Internet access is classified as a basic need, it has to be taken into account in unemployment benefit payouts. It also means that any proposals to cut off Internet access for notorious copyright infringers have to be laid to rest. "The federal and state governments now have a duty to treat Internet access as a basic need and to close the gaps in the broadband network across the country," Peukert added." 'via Blog this'

Competition Appeal Tribunal: BT Application for Extension in Ofcom Ethernet Case

Competition Appeal Tribunal - Ruling (Application for Extension of Time): Worht reading for rules of procedure in CAT cases:
"“BT” sought a prospective extension of time in which to file its notice of appeal against certain determinations by the Office of Communications pursuant to Rule 8(2) of the Tribunal’s Rules. For the reasons set out in the Ruling, the application was refused on the basis that the circumstances relied upon by BT did not constitute exceptional circumstances as required by Rule 8(2)." 'via Blog this'

Ofcom sets out proposals to tackle mid-contract price rises

Ofcom | Ofcom sets out proposals to tackle mid-contract price rises: "Of the options put forward, Ofcom’s proposed approach is to intervene to allow consumers to exit their contract without penalty if their provider introduces any price increase during the term of the contract. Alongside this, Ofcom would expect providers to be clear and upfront about the potential for price increases and of the consumer’s right to cancel the contract in the event of any price increase.
The consultation follows an Ofcom review into the fairness of certain contract terms. This review and Ofcom’s analysis of consumer complaints has identified issues concerning the clarity and effectiveness of current rules which has led to consumer harm.... Ofcom proposes to modify (General Condition 9.6) to allow consumers to withdraw from a contract without penalty, if providers increase prices during the contract term."
Note - this is in response to several major companies raising prices unilaterally to customers on 12-24 month contracts - from September 2011. The change would not take effect until June 2013 at earliest...'via Blog this'

T-Mobile loses test case on holiday mobile data charges

T-Mobile loses test case on holiday data charges - Telegraph: "T-Mobile, which has now merged with Orange and rebranded to become Everything Everywhere, has been ordered to pay back over £500 of roaming charges racked up by lawyer Angela Walsh. The litigation partner at City firm Abrahams Dresden had called T-Mobile to cancel her phone contract, but had been persuaded to stay with the company after an upgrade was agreed.
However, data roaming capability was never discussed by the salesperson on the call, and when Ms Walsh flew to Australia she did not know that her new phone was capable of downloading data while she was abroad.
When she returned she discovered that T-Mobile had disconnected her phone and charged her £533.11. Judge Monty Trent ruled that the conversation on the phone between Ms Walsh and T-Mobile had concluded the contract between them, and terms and conditions would have had to be agreed then." 'via Blog this'

State aid: Commission adopts new Broadband Guidelines

EUROPA - PRESS RELEASES - Press Release - State aid: Commission adopts new Broadband Guidelines: "The European Commission has adopted revised guidelines for the application of EU state aid rules to the broadband sector. These guidelines will help Member States achieve the objectives of the EU Digital Agenda. Taking into account the extensive submissions from all stakeholders, they contain in particular a reinforcement of open access obligations and improved transparency rules. They also follow the principles of the Commission's State Aid Modernisation (SAM) initiative, which aims at facilitating well-designed aid targeted at market failures in order to achieve growth-enhancing priorities, while simplifying the rules to allow for faster decisions." 'via Blog this'

“Sender-pays” rule doesn’t necessarily increase telecom investment

“Sender-pays” rule doesn’t necessarily increase telecom investment | Ars Technica: ""My results contradict the hypothesis that the ability to charge more for international Internet traffic is all that is needed to build out telecommunications infrastructure in poor countries," Dourado concludes. "High international telephone collection rates have not led to greater buildout and adoption of telecommunications infrastructure in the past two decades. It seems unlikely, therefore, that adopting a sender-pays model for Internet traffic would increase buildout of Internet infrastructure today."
Rather, Dourado suggests the quality of a nation's telecommunications network is dependent on the quality of its domestic institutions. Some countries have telecommunications industries that efficiently put new revenues to work on network improvements. Other countries have corrupt or incompetent telecommunications incumbents that will upgrade their networks slowly no matter how much money they're given. He argues that regulatory reforms, not more cash, are needed to improve global network quality." 'via Blog this'

Kroes: Balancing investment and competition in European broadband market

EUROPA - PRESS RELEASES - Press Release - Speech - Balancing investment and competition in European broadband market, Commissioner Kroes: "A framework that gives the right "buy or build" signals. To offer the stability and consistency needed for long-term investment. And all that without unnecessary intervention, without unduly constraining flexibility.
The 12 July package will secure truly equivalent access by alternative operators to incumbent networks. Because that is probably the most important guarantee of sustainable competition.
A true level playing field then allows us to focus on targeting regulation efficiently; and allowing for flexibility where that would encourage investment.
I am not talking about regulatory holidays. This is about giving investing operators the chance to experiment with prices of NGA products — but only as long as strong competitive safeguards are in place. In the face of uncertain demand, such flexibility is essential." 'via Blog this'

OECD: Telcos Overcharging By Five Orders Of Magnitude

OECD report analyzed: "So where does all the money from this overcharging go? The telcos aren’t posting record profits. Most of the money from this overcharging goes to maintaining the old obsolete telco network, which is now being used to prevent the rollout of the Internet, which is vastly more efficient and isn’t top-down-controlled. A further lot of it goes to maintaining staff who haven’t changed to a net-centric way of thinking – unofficial but reliable sources tell us that Deutsche Telekom alone has a surplus of at least 100,000 employees.
"But it is not in the public interest to safeguard jobs that don’t provide value to society (if it were, we’d still be plowing the fields by hand and destroying Spinning Jennies). If we were able to align the telco industry with the public interest, the telco industry would be decimated in size, but next-generation entrepreneurs would be enabled, as would economic growth in new sectors. That’s in everybody’s interest. Well, everybody’s interest except the telco industry’s.  'via Blog this'

Report on Telecommunication Market and Regulatory Developments

"On 18 June 2012, the European Commission published its report on the Telecommunication services, based on the implementation of the revised EU Telecom Framework (see IRIS 2009-6/6, IRIS 2009-1/5 and IRIS 2010-1/7). According to the report, four member states still need to implement the framework into their national laws (Belgium, Poland, Portugal and Slovenia). The Commission assesses the work and functioning of the national regulatory authorities (NRAs), the revenues and investment of the electronic communications sector, the status of the broadband connection, the voice and other e-communication services (including broadcasting), the EU Radio Spectrum policy programme and the consumer’s interest (including the issue of net neutrality)."

Concerning net neutrality, the Commission notes that member states have issued rules on transparency and quality of services while implementing the Telecom framework. Some members states have adopted guidelines or parliamentary resolution on the topic. Others have delegated to their NRAs the task of setting up a general approach in that field. The Netherlands is the only member state to have adopted a specific law on this issue (see IRIS 2012-7/32).

In conclusion of the report, the European Commission identifies several areas that need improvement (e.g. the functioning and independence of NRAs, the protection of consumer rights and the validity of specific tax on operators).

'via Blog this'

Crisis ahead for European mobile operators: data growth dangerously slow

Crisis ahead for European mobile operators: data growth dangerously slow, and network costs unhealthily low - Insight - News | Analysys Mason Group: "In our recently published Wireless network traffic worldwide: forecasts and analysis 2012–2017, Western Europe has the lowest growth rate in mobile data out of eight global regions. We forecast that mobile data in Western Europe will grow at a CAGR of just 29% from 2012 to 2017, equivalent to a growth multiple of 3.6. At a global level, we predict that mobile data will grow by a multiple of 5.5, equivalent to 41% CAGR, a little ahead of what we predict for Internet traffic as a whole." 'via Blog this'

Fixed broadband quarterly metrics 2Q 2012

Fixed broadband quarterly metrics 2Q 2012 - Data sets and trackers - Content | Analysys Mason Group: "Figure 1: Fixed broadband lines in service, by region, September 2001–June 2012 [Source: Analysys Mason, 2012] 'via Blog this'

EC asks Finnish telecoms regulator to improve access conditions to fibre network

Europe's Newsroom - Commission asks Finnish telecoms regulator to improve access conditions to fibre network: "The European Commission has called on the Finnish telecoms regulator (FICORA) to amend or withdraw its proposal on regulated access to dominant operators' broadband networks. If implemented, FICORA's plans would damage competition and hamper investment in competitive broadband services. This could limit current and future offers available to consumers and businesses. This is the third time that the Commission has issued a formal recommendation under Article 7a of the Telecoms Directive." 'via Blog this'

EC public consultation on revision of recommendation on relevant markets

FICORA - European Commission launched a public consultation on the revision of the recommendation on relevant markets: "On 16 October 2012, the European Commission launched a public consultation on the revision of the recommendation on relevant markets which was last updated in 2007.
The recommendation identifies the markets which are relevant for significant market power and which the National Regulatory Authorities regularly have to review. Relevant markets are markets which are susceptible to ex ante regulation and crucial for Europe's competitiveness.
Consultations are particularly sought from public authorities, Member States, the electronic communications industry, research institutions and universities, and consumer advocacy groups. Other interested parties are also invited to submit their contributions.
The public consultation is open until 8 January 2013. Further information about the consultation and how to submit contributions is available in English on the Commission website." 'via Blog this'

US supreme court finalizes gift of spying immunity to the telecom giants

US supreme court finalizes gift of immunity to the telecom giants | Glenn Greenwald | Comment is free | guardian.co.uk: "When civil liberties groups sued the telecoms on behalf of their customers whose communications had been illegally accessed by the government, federal courts began ruling against the telecoms, holding that the immunity they already had under the law would be unavailable to them, because the allegations against them amounted to knowing, deliberate violations of the law. As one federal judge put it in refusing to dismiss a lawsuit against AT&T: "AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal."" 'via Blog this'

Net neutrality in Europe: Response to European further network neutrality co...

Net neutrality in Europe: Response to European further network neutrality co...: Dear sirs I am writing to reply to your “On-line public consultation on "specific aspects of transparency, traffic management and switch...

Regulatory Asymmetry? The Competition Between Telcos and Other ICT Players

Regulatory Asymmetry? The Competition Between Telecommunication Operators and Other ICT Players: "Jnl of Euro Competition Law & Practice Volume 3, Issue 5, Pp. 452-464. Laurent De Muyter*: "Under EU law, telecommunication operators must open their main resources (networks) to service providers including other ICT providers under far reaching and sometimes conceptually inconsistent conditions. But they have limited access to the resources operated by the latter (content, data, handset, software). This distorts competition, hampers network related investments, and makes high bids less plausible in future spectrum auctions." 'via Blog this'

Recent Uk competition cases in telecoms

"The Application of Competition Law in the Communications and Media Sector: A Survey of 2010 Cases: Journal of European Competition Law & Practice first published online May 15, 2011"
'via Blog this'Recent UK competition cae

ETNO's WCIT proposals are not as bad as some say, they're worse

ENDitorial: The ETNO's WCIT proposals are not as bad as some say | EDRI: " ETNO's proposals would squeeze every ounce of innovation and competition out of global Internet networks. Goodbye Internet, hello Minitel.
The concept sounds quite friendly and just a little esoteric: “Sending party pays” (SPP). That sounds fair, until you realise that the sending party already pays. It sounds fair until you realise that SPP has always been the principle in the mobile world, and the result of this principle is tens of billions of Euro wasted by citizens on untransparent, unjustified and, frequently, unjustifiable charges. Years of regulatory action has finally led to the most egregious of these problems finally being solved in Europe." 'via Blog this'

British Telecom could be overcharging taxpayer £100ms for rural broadband

British Telecom could be overcharging taxpayer hundreds of millions of pounds - Telegraph: "according to a leaked Whitehall briefing, officials at the Culture, Media and Sport department have been told the broadcasting giant is charging a mark up of up to 80 per cent to introduce faster broadband in rural parts of the country. The document, compiled in the summer by a consultant who was working with the department, accuses BT of using “pseudo wholesale” figures to justify its costs. Experts said that if the forecasts are correct, BT's subsidy could be cut by £400million and £500million and still produce the same result. Experts say it could mean that home owners in rural parts of the country have to overpay through their council tax bills for the faster broadband.
Last night Margaret Hodge MP, the chairman of the Public Accounts Committee, said she was shocked by The Telegraph’s disclosures and said her committee would examine the claims as part of a new inquiry." 'via Blog this'

Role and procedures of BEREC

Role and procedures of BEREC: "Articles 7 and 7a of the Framework Directive the findings of market definition, SMP assessment and – if applicable - the proposed remedies have to be notified to the Commission and other NRAs. The aim of this EU notification, the so-called Article 7 procedure, is to contribute to the development of a single market in electronic communications by ensuring co-operation among NRAs, and between NRAs and the Commission.
Once an NRA notifies the Commission of its proposed measure the case is assessed by the Commission within one month. At the end of this period and provided that the notified measure does not raise “serious doubts” as to its compatibility with EU law, the Commission may decide to comment. Regulators should take account of these comments before adopting the draft measure in question. When the Commission expresses serious doubts and opens a so-called Phase II, its investigation period is extended for two months more in the Article 7 cases, or for three months more in the Article 7a investigations. If this situation occurs, BEREC has to issue an opinion,,," 'via Blog this'

House of Lords - Broadband for all - an alternative vision

House of Lords - Broadband for all - an alternative vision - Communications Committee: "In our view, the benefits of opening up the restrictions on PIA are likely to be significant, particularly were policy to be re-oriented towards the establishment of open access fibre-optic hubs, as we advocate. Removing the restrictions on PIA may, of course, have knock-on effects for the effectiveness and coherence of other aspects of the overall regulatory edifice...234. ...since May 2011, Ofcom has had the power by virtue of Article 12 of the Revised EU Framework Directive, transposed into UK law, to impose regulatory obligations with regard to infrastructure sharing in the broadband market without reference to SMP." 'via Blog this'

Network access charges imposed by BT unjustified, Court of Appeal rules

Network access charges imposed by BT on rivals were unjustified, Court of Appeal rules: "The Court rejected claims by BT that the Competition Appeal Tribunal (CAT) had not acted in accordance with EU telecoms laws when it considered whether what it had charged rivals was acceptable. Instead it ruled that BT's prices had served to distort the market to the detriment of its rivals and consumers.
Virgin Media and Cable & Wireless were among the telecoms firms that had challenged whether BT had breached charging restrictions imposed on it by the UK's telecoms regulator.
Ofcom had conducted an investigation into the 'partial private circuits' (PPCs) market in 2004." 'via Blog this'

Margin squeeze modelling can be simple or complicated, but never trivial

Margin squeeze modelling can be simple or complicated, but never trivial - Analysys Mason Group: "The legal work surrounding margin (or price) squeeze allegations is extensive and complex. However, in these cases some kind of margin squeeze model will be used, which will form the foundation to prove or disprove the legal case. The margin squeeze model will present the underlying numerical comparison of costs, prices (revenue) and profit margins relevant to the business situation being tested. Margin squeeze models can be simple or complicated, and the choices made will always be argued to fit the case in question. These choices (which we structure as scale, scope, financial test and cost/price principles) strongly affect the complexity of the margin model, its inputs, assumptions, calculations and outputs" 'via Blog this'

Article 7a of the EU telecoms Framework Directive

Article 7a of the EU telecoms Framework Directive: first thoughts on second guessing a second guess - Newsletter – Analysys Mason Quarterly - News | Analysys Mason Group: "Commission has recently issued a significant number of 7a 'Phase 2' letters. Each of these requires BEREC to respond within six weeks. Insiders have told us that this is placing a significant burden on the NRAs (which provide the manpower to BEREC); given the restricted duration, the process requires NRA experts to make decisions (about whether they agree with the draft BEREC approach) within days, even if the relevant expert in that NRA is on leave or fully busy in their own country. Many NRAs do not have sufficient resources to contribute fully.
Secondly, BEREC has always agreed with the Commission – until last month, when it disagreed with half of the Commission's reasoning in a case related to mobile termination in France. This is probably a positive development overall, showing that the system of 'checks and balances' can work. Nevertheless, BEREC is making rapid decisions about issues that are important and have wider implications than the narrow cases involved, which could lead to bad precedents being set." 'via Blog this'

Brussels backs down on telecoms pricing - FT.com

Brussels backs down on telecoms pricing - FT.com: "Investors in large telecoms groups had feared further pressure on revenues amid need to spend more on fibre networks. Nick Delfas, analyst at Morgan Stanley, said the proposals remove the potential negative of falling prices and should help build investor confidence over time.
Kroes said the new policy aimed to boost the investment in fibre networks for fast internet connections by allowing incumbent telecom groups to maintain charges for access to their existing copper infrastructure and so guaranteeing stable returns." 'via Blog this'

EC challenges regulatory remedies: Netherlands wholesale call termination / Denmark wholesale SMS MT

From T-Regs: The European Commission has, for the first time, 'proceeded all the way' through the Art 7a FD procedure and has formally issued a Recommendation to an NRA requiring it to amend or withdraw proposed regulatory obligations ('remedies'). The case at hand concerns the OPTA (Netherlands) notification for wholesale fixed call termination and wholesale mobile call termination.

The European Commission's press release is accessible via:http://tre.gs/4n 

OPTA has also issued a press release, accessible via: http://tre.gs/4p

Update 25 June 2012: The European Commission's Recommendation has been published: European Commission Recommendation C(2012) 3770 in Case NL/2012/1284

Diplomatic Arm-Wrestling Over Scope Of WCIT (ITU Treaty)

Diplomatic Arm-Wrestling Over Scope Of International Telecommunication Regulations Treaty | Intellectual Property Watch: "Among the hotly debated high-level issues was that if ITU recommendations become mandatory instead of voluntary. This could shift ITU standards into quasi-legal norms and give them privileges over standards from other standardization bodies. Yet the 47-member European regional group, represented by the Conférence Européenne des Administrations des Postes et des Télécommunications (CEPT, one of six regional groups at ITU), warned the ITR could “not be used to change the non-binding nature of ITU recommendations.” Other issues of contention are additional provisions on security, from anti-spam provisions to the obligation to provide a calling line identification (CLI), potentially also for internet telephony, to allow tracking misuse. 
Internet telephony using SIP protocol is seen by some ITU member states as siphoning off revenues from classic telephony providers, as a statement by Iran’s ITU representative made clear. African countries want to see cost-based transit, termination, and roaming rates, transparency, and an effort from member states to act against asymmetries of charging. The US favours a completely hands-off approach, and Europe is trying to get compromise on administrations pushing for economic efficiency, competition and price transparency for customers.

Compromise about the paragraph on charging for international telecommunication services given the diametrically opposed proposals, on one hand leave charging to the market (as proposed by the US and also CEPT) versus having regulators involved in the pricing on the other hand (as proposed by the Arab states, but also Russia) are still on the to-do list for the last prep meeting in June. From the point of view of the IP address managers, what is even more scary are considerations with regard to state intervention on routing. 'via Blog this'

Europe's Broadband Implementation Strategy

Europe's Information Society Newsroom: "Commission has now published a Staff Working Document. It summarises the current state of play in national broadband plans and fosters a mutually beneficial exchange of knowledge on good practices between countries by assembling examples of national implementation measures."
'via Blog this'

Competition Appeals Tribunal slashes mobile phone termination rate cuts

Competition Appeals Tribunal slashes mobile phone termination rate cuts, going beyond Ofcom's rates - Competition Policy International (CPI): to 0.65p per minute by 2015 (about 0.8eurocents)

'via Blog this'

Commission suspends discriminatory Danish SMS price regulation

EUROPA - Press Releases - Digital Agenda: Commission suspends discriminatory Danish SMS price regulation and starts an in-depth review: " expressed similar concerns regarding the discrimination of SMS coming from operators providing telecommunication services in other Member States. Howev"

'via Blog this'

UK broadband speed climbs 22 percent

UK broadband speed climbs 22 percent | Networking | ZDNet UK: note that this reflects a shift to fibre in cities...

'via Blog this'

Li Ka-shing’s Hutchison finally sees 3G profits

BBC News - Li Ka-shing’s Hutchison finally sees 3G profits:

'via Blog this'

For real? How mobile oligopolies work...France

For real? « Chillin'Competition:

'via Blog this'

UMG vs Veoh - what content giants can do to start-ups

UNCENSORED - A personal experience with DMCA - UMG vs Veoh - minglewing:

'via Blog this'

NBN Co unclogs sign-up pipeline • The Register

NBN Co unclogs sign-up pipeline • The Register:

'via Blog this'

Submarine Cable Map

Submarine Cable Map:

'via Blog this'

ECJ confirms that special (lower) tax on France Télécom was state aid

“to tax him with injustice”*: ECJ confirms that special (lower) tax on France Télécom was state aid : contentandcarrier:

'via Blog this'

National judges' implementation seminar 28 November

Agenda here: 'via Blog this'

COCOM agenda for 46th Meeting

See the agenda online for Member States' meeting: 'via Blog this'

Commission presses 16 Member States to implement new EU telecoms rules

EUROPA - Press Releases - Digital Agenda: Commission presses 16 Member States to implement new EU telecoms rules:

'via Blog this'

Implementation & Enforcement - Country reports

European Commission - Information Society - Telecommunications, Communications and Services - Implementation & Enforcement - Country by country tables and reports:

'via Blog this'

Spain and Germany: margin squeeze remedies and regulatory holidays

Spain: Telefonica in 2008 lost a margin squeeze case, and received a record fine - much higher than Deutsche Telekom (Germany) and France Telecom-Wanadoo (France). Is this justified? The CJEU upheld the DT fine in October 2010.
Germany: the regulator granted DT a regulatory holiday to deploy its VDSL network - was this unfair on competitors? Did it fragment the European market? The CJEU thought so.

Updated Infringement proccedings

From Europa: 'via Blog this'

Infringement procedures on telecoms

eCommunications: Infringement procedures | Europa - Information Society:

'via Blog this'

Commission requests Greece to implement rules to facilitate telecom networks roll-out

EUROPA - Press Releases - Digital Agenda: Commission requests Greece to implement rules to facilitate telecom networks roll-out:

'via Blog this'

UK to auction 800 MHz and 2.6 GHz spectrum in 2012 | Watching the Connectives

UK to auction 800 MHz and 2.6 GHz spectrum in 2012 | Watching the Connectives:

'via Blog this'

ECTA / REPORTS / WIK Studies / WIK Study - Apr 2011

ECTA / REPORTS / WIK Studies / WIK Study - Apr 2011:

'via Blog this'

UK delays 800 MHz and 2.6 GHz spectrum auctions until late 2012 | Watching the Connectives

UK delays 800 MHz and 2.6 GHz spectrum auctions until late 2012 | Watching the Connectives:

'via Blog this'

Clearest basic explanation of transition from copper to fibre?

Very clear IDC New Zealand presentation - for we lawyers, not technologists...

How a digital telephone exchange works

An illustrated guide!

Case studies in UK fibre-to-the-curb broadband

With deadlines of 2015, Cornwall used European money and BT partnership with 138,000km of fibre, Cambridgeshire thinks it can get £42m private investment within the total £70m budget (£8m from central government) and offer about 90% coverage of ADSL2+ or faster technology. Good luck to both!

Romania implementation of 2002 Directive

The new European framework for electronic communications

UK Telecoms at a glance...

Here and here (in detail).

TeleFrieden: Wireless Cost Per Minute and Consumer Behavior

TeleFrieden: Wireless Cost Per Minute and Consumer Behavior: " It has become a largely unquestioned “fact” that U.S. wireless consumers enjoy remarkably low per minute costs rivaling what the ..."

Rural wholesale broadband price drops

Ofcom in the UK has announced new price cuts of 12% below inflation for wholesale BT products in the 11% of the UK with absolutely no retail competition. They must be desperately hoping that this results in some kind of competition to reduce the need for government funding for higher speed services.

Translation of Dutch net neutralit...

Net neutrality in Europe: Bits of Freedom translation of Dutch net neutralit...: "Despite some obfuscation (and the need for the Senate to undo the messy ideological filtering amendment which confused MPs voted for !), the..."

"Every other European digital"? New scorecard data...

Net neutrality in Europe: "Every other European digital"? New scorecard data...: "The EC has made a classic centralised targeting mistake - it wants every European to be able to access 2Mbps broadband by 2013 . Only one a..."

Ofcom changes general conditions and universal service conditions

25 May - another response to the need to put in place amendments to the EComms framework went ahead following a statutory consultation. It changes consumer contract requirements, as well as the USO conditions on BT and Kingston.

Ofcom issues new EComms dispute guidelines for 2011

Following changes to the Authorisation Directive in EC/2009/136, Ofcom has very substantially toughened and streamlined its own dispute powers following a consultation with stakeholders. Examples are rapid dispute settlement procedures and a maximum fine for lack of required telco data increased from £50,000 to £2,000,000.

NZ: fibre wholesaler to be TelecomNZ - with regulator holiday for rest of decade?

This is what you call deregulation (well, there's a price cap), from the country that for a decade until 2001 pretended it did not need a telecoms regulator. Well, they barely have broadband unbundled and no cable to speak of, so perhaps their conservative government thinks it has to roll over and beg? "Telecommunications (TSO, Broadband, and Other Matters) Bill and recommended it become law, if several changes are made. The bill paves the way for the Government's $1.35 billion ultra-fast broadband scheme, which plans to lay fibre internet cables across 75 per cent of New Zealand over the next 10 years...the law would remove the Commerce Commission's ability to regulate price on the broadband network until December 31, 2019. The committee made its decision on advice from Crown officials that the forbearance would result in lower wholesale and retail prices "by removing the risk premium" for investors." No kidding it removes risk...competition...progress...
UPDATE: The indigenous Maori Party (which represents rural constituencies in the main) slammed a couple of torpedoes into the regulatory holiday in debate on 17 May - so it's not going to be allowed, thankfully for NZ consumers.

Incumbents' views: Telefonica exceptions in Article 102 are wrong

Well-written and well-argued but ultimately unconvincing view taken from the law'n'economics mainstream on competition law.

Case C‑52/09, Konkurrensverket v TeliaSonera AB: margin squeeze under Art.102

Note - this refers to conduct dating to April 2000! Court (First Chamber) hereby rules:

In the absence of any objective justification, the fact that a vertically integrated undertaking, holding a dominant position on the wholesale market in asymmetric digital subscriber line input services, applies a pricing practice of such a kind that the spread between the prices applied on that market and those applied in the retail market for broadband connection services to end users is not sufficient to cover the specific costs which that undertaking must incur in order to gain access to that retail market may constitute an abuse within the meaning of Article 102 TFEU.

When assessing whether such a practice is abusive, all of the circumstances of each individual case should be taken into consideration. In particular:

–        as a general rule, primarily the prices and costs of the undertaking concerned on the retail services market should be taken into consideration. Only where it is not possible, in particular circumstances, to refer to those prices and costs should those of competitors on the same market be examined, and

–        it is necessary to demonstrate that, taking particular account of whether the wholesale product is indispensable, that practice produces an anti-competitive effect, at least potentially, on the retail market, and that the practice is not in any way economically justified.

The following factors are, as a general rule, not relevant to such an assessment:

–        the absence of any regulatory obligation on the undertaking concerned to supply asymmetric digital subscriber line input services on the wholesale market in which it holds a dominant position;

–        the degree of dominance held by that undertaking in that market;

–        the fact that that undertaking does not also hold a dominant position in the retail market for broadband connection services to end users;

–        whether the customers to whom such a pricing practice is applied are new or existing customers of the undertaking concerned;

–        the fact that the dominant undertaking is unable to recoup any losses which the establishment of such a pricing practice might cause, or

–        the extent to which the markets concerned are mature markets and whether they involve new technology, requiring high levels of investment.