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'