Archives: Telecoms

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The Electronic Communications Code – New case sheds light on Tribunal’s jurisdiction to impose an agreement under the Code

The Upper Tribunal recently issued another decision under the new Electronic Communications Code (the “Code“) on its jurisdiction to impose an agreement pursuant to paragraph 20 of the Code – Cornerstone Telecommunications Infrastructure Limited -v- Compton Beauchamp Estates Limited [2019] UKUT 107 (LC). In summary, the Tribunal has no jurisdiction to impose rights under the … Continue Reading

The Electronic Communications Code – First Tribunal Decision on Consideration and Compensation payable by Operators

The Upper Tribunal recently issued its first decision under the new Electronic Communications Code on the consideration and compensation payable by an operator to a site provider – EE Limited and Hutchison 3G Limited -v- The Mayor and Burgesses of The London Borough of Islington [2019] UK UT. Operators will welcome the decision as it … Continue Reading

Access Rights to Telecoms Sites

CTIL v University of London [2018]  The new Electronic Communications Code (“Code”) came into force on 28 December 2017 with its aim being to update telecommunications operators statutory rights to enable the installation, maintenance and use of telecoms equipment in order to operate their networks or provide an infrastructure network. Much of the drafting contained … Continue Reading

Ensuring Tenants’ access to gigabit-capable connections

On the 29th October 2018, the Department for Digital, Culture, Media and Sports published a consultation that focuses on addressing the issue of compelling landlords to consider the telecoms connectivity of their tenants and allowing Operators to install infrastructure where landlords are unresponsive. The consultation is specifically seeking views on proposals to support residential and … Continue Reading

The New European Electronic Communications Code (updated)

[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then. On 4th December the European Council concluded the legislative process for the new Code and the final text will be published in the EU Official Journal on 17 December, though no changes are … Continue Reading

Co-Investment Models for Broadband Infrastructure – an explanation and short critique (updated)

[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then.] *** The new European Communications Code (the “Code” – which I have blogged about here) will introduce a mechanism allowing investments in fibre networks made by operators with significant market power … Continue Reading

Co-Investment Models for Broadband Infrastructure – an explanation and short critique

**NOTE – THERE IS AN UPDATED VERSION OF THIS NOTE HERE ** The new European Communications Code (the “Code” – which we have blogged about here) will introduce a mechanism allowing investments in fibre networks made by operators with significant market power (SMP), in some circumstances, to be excluded from the normal access rules that are … Continue Reading

The new European Electronic Communications Code

**NOTE THERE IS AN UPDATED VERSION OF THIS POST HERE** It is now almost two years since the European Commission proposed a new “European Electronic Communications Code” (the “Code”) which would amend and consolidate the current regime (dating from 2002). [i] On 29 June 2018 a new, amended, draft was published. This is expected to … Continue Reading

Germany: Roaming Regulation and IoT services

By Christoph Engelmann, Senior Associate, Hamburg DLA Piper recently advised a client (Transatel) on a very interesting matter leading to the German telecommunications regulator Bundesnetzagentur (BNetzA) issuing a landmark decision on the applicability of the Roaming Regulation on so-called 901 International Mobile Subscription Identities (IMSI). In this decision BNetzA ruled that the defendant in that … Continue Reading

Lawful intercept on VoIP services – Skype in Belgium

Article by Catherine Gysels, DLA Piper Brussels According to Belgian criminal law, providers of telecommunication services are obliged to cooperate if an investigating judge orders a wiretap measure. In November 2017, Skype was found guilty of failing to give essential information and provide a wiretap on Skype calls as the company was considered as a … Continue Reading

New Electronic Communications Code – now in force!

The new Electronic Communications Code came into force on 28 December 2017. The intention behind the new Code is to introduce a range of measures to make it easier for telecoms operators to roll-out infrastructure.  The Code therefore gives telecommunications operators statutory rights to enable the installation, maintenance and use of telecoms equipment in order … Continue Reading

Roaming and MVNOs – too clever by half

Just a quick note to draw attention to a decision by BIPT, the regulator in Belgium here Lycamobile has been fined €30,000 for violation of the “roam like at home” requirements of the roaming regulation (contained in the 2012 regulation as amended in 2015). It appears that they were offering add-on bundles (at attractive prices) … Continue Reading

The New Electronic Communications Code….but still not actually law

The Digital Economy Act finally became law prior to the dissolution of parliament at the start of the general election campaign. The Act contains within its pages the new Electronic Communications Code, which has been awaited for years and which many argue is essential to ensure the law is equipped to deal with advances in … Continue Reading

Zero-rating and net neutrality – decisions (so far) in the EU

This note consolidates information we have available on the current (July 2017) status of telecoms regulator’s considerations of zero-rated offers in Europe. See also our other posts on zero-rating. Conclusion: Many European regulators are yet to consider the issue of net neutrality and zero-rated services following the 2015 Regulations. For those who have reached decisions since the … Continue Reading

A new era for the General Conditions?

By Peter Elliott and Mike Conradi, DLA Piper By many accounts, the UK’s framework for regulating communications services is amongst the world’s most dynamic and successful. Leaving in its wake a telecommunications licensing regime, in 2003 the UK Government influenced and then implemented new EU Directives which took a different approach to regulating telecoms: general … Continue Reading

Telecoms: the challenge of keeping up with cross-border regulation

As new technologies emerge, and are treated differently across jurisdictions, businesses need to stay alert to changes in the regulatory landscape The chief disruptors in telecoms today are found in new media companies – businesses that often did not originate in the telecoms sector but who are increasingly challenging the incumbent players, and which most … Continue Reading

Brexit and mobile termination rates

One quick thought on Brexit amongst many written today. It concerns the significant impact it will likely have on the price of international voice calls. All through the EU the price that mobile network operators (MNOs) can charge one another for terminating calls made to their own customers (called the “mobile termination rate” or MTR) … Continue Reading

UK – Proposals to Reform the Electronic Communications Code

By Rob Shaw, Senior Associate and Ben Rogers, Legal Director – DLA Piper Proposals for reform of the Code have gathered pace recently; on Tuesday the Department of Culture, Media and Sport released the Government’s proposals to reform the Code and yesterday it was announced that the new Code will be part of the Digital … Continue Reading

The future of spectrum

I attended a seminar on the future of spectrum this morning. I thought there were a few interesting points, with international elements, that would be worth sharing: 1. As consumers use more and more data on their mobile devices lack of capacity is increasingly becoming an issue, even with the benefits of 4G. 2. Spectrum … Continue Reading
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