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'