Jurisdiction-specific regulatory insights
On 7 October Ofcom announced that the already much delayed 800 MHz and 2.6 GHz Uk spectrum auctions would be delayed. This follows on from prior delays, but follows responses to Ofcom’s prior consultation that clearly raised significant issues. The next stage will be a further consultation by the end of the year with a decision…
Following consultation on its earlier proposals, last week Ofcom confirmed that it would update General Condition 9 so as to prohibit contracts that automatically renew at the end of their initial term for additional periods from being offered to residential and small business providers by fixed and broadband communications providers. The ban will come into…
On 1 September 2011, Ofcom published a statement outlining its intention to permit the use of white space spectrum in some of the the bands currently used for TV (470-790 MHz). Ofcom’s policy will be implemented through a statutory instrument which will make relevant devices licence exempt. This is in contrast to the approach of…
Regular readers will have noticed that this blog has been rather quiet of late. Normal service will be resumed in September – for now my energies are being directed into writing up some original research on mobile money as well as a chapter on EU telecoms law for a textbook, so please bear with the rather…
The watcher has been a bit quiet recently – caused by a combination of a business trip to Singapore and a holiday. Despite the holiday period there has been a lot going on including: yesterday’s UK case on site blocking; the EU Commission’s CEO summit on broadband investment; and the ECJ decision on intermediary liability in L’Oreal…
The European Commission yesterday announced measures which directly intervene in the roaming market. These measures are in addition to the expected continuation of price caps on voice and SMS and new caps on data downloads. The Commission, first under Vivianne Reding and now under Neelie Kroes, has adopted an agenda in relation to roaming (as part of the Digital Agenda)…
Last week Ofcom published its conclusions from its earlier consultation on simplifying spectrum trading by introducing spectrum leasing. The concept is best explained through a couple of pictures from the Ofcom statement: Existing spectrum trading: New spectrum leasing: The pictures demonstrate how the new proposals will simplify the spectrum market in the UK. Leasing will initially…
A consortium including Microsoft, BBC, BT and BSkyB today announced a trial of the use of white-space spectrum for wireless broadband. The trial, mirroring a US trial on Microsoft’s Seattle campus, will start on Wednesday. In contrast to existing licence exempt wi-fi networks that use 2.4 GHz spectrum, the trial’s use of sub-1GHz ‘sweet spot’ spectrum (currently used for…
Ofcom yesterday finalised proposals to enable trading of 900 MHz, 1800 MHz and 2.1 GHz spectrum licences (currently held by mobile network operators and used to provide 2G and 3G services). Ofcom has adopted its draft proposal to make trades subject to an ex-ante analysis of whether ‘competition is likely to be distorted’ by a…
Last week, three of the UK’s four mobile network operators announced a mobile marketing and payments joint venture. The venture is subject to regulatory approval, and is summarised in the press release as: Creation of a single ecosystem for m-commerce helping advertisers, retailers and banks to reach consumers through their mobile phones Consumers will be…
Last week Ofcom started a consultation in relation to LLU charges in which is intending to not exercise its discretion to order repayment of overcharges. The circumstances in which repayment is ordered is currently a very live issue with BT, the regulator Ofcom and the alternative fixed operators taking different positions on the issue in various cases. The positions…
Ofcom today issued revised guidelines on the penalties they may impose on those breaching rules policed by Ofcom. The new guidelines replace prior guidelines dating from 2003 and apply to a rag-bag of over 40 potential contraventions, although significantly not competition law. In a departure from Ofcom’s default ‘if in doubt write a long document’…