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'