Page 158 - SAMENA Trends - April-May 2021

REGULATORY & POLICY UPDATES SAMENA TRENDS

The Federal Antimonopoly Service (FAS) has given start of 2021, except the previous announcement did
‘preliminary consent’ to an agreement to jointly not specify the list of participants in the proposed 5G
develop 5G mobile networks proposed by major cellcos joint venture. The latest announcement indicates that
MegaFon and VimpelCom (Beeline) with Rostelecom Russia’s cellular market leader Mobile TeleSystems
Russia (parent of cellco Tele2 Russia) and Rostelecom’s (MTS) has now dropped out of negotiations on forming
subsidiary Bashinformsvyaz. In a disclosure on its
a 5G network sharing initiative. MTS holds the country’s
website, the FAS said: ‘The joint venture agreement, only commercial 5G spectrum license issued to date, a
if implemented, contains conditions for equal access nationwide mmWave 24.25GHz-24.65GHz concession,
to radio frequencies for all participants in the mobile awarded in July 2020 for five years, although this band is
radiotelephone market. In particular, the telecom initially earmarked for localized industrial applications.
operators participating in the transaction will MTS also launched the country’s largest-scale 5G pilot
develop and agree with the antimonopoly authority to date, in March 2021 when it switched on 14 network
the conditions for the use of infrastructure and (or) zones in Moscow utilizing the 4.9GHz band for usage
the sharing of radio frequencies and the conditions by selected subscribers with compatible devices on an
for the provision of infrastructure for MVNOs.’ The invite basis.
decision was similar to one issued by the FAS at the (May 6, 2021) commsupdate.com

Senegal’s Authority of Regulation of investigation found evidence of misconduct by both
Telecommunications and Posts (L’Autorite de companies, including the unfair rejection of valid MNP
Regulation des Telecommunications et des Postes, requests and undue delays, whilst Free is also accused
ARTP) issued formal notices on to Sonatel and Saga of ‘fraudulent practices. The companies have been
Senegal Africa Holdings, which operate under the Orange and given 30 days to conform or face sanctions.’
Free brands respectively, for non-compliance with
(April 13, 2021) commsupdate.com
mobile number portability (MNP) regulations. An

Serbia’s Commission for the Protection of Competition to distribute the content produced or owned by the
(Komisiji za zastitu konkurencije, KZK) has approved United Group, such as H1, Nova S, Sport Club and others,
an infrastructure sharing agreement between Telekom a total of 22 channels. We are sorry that United Group
Srbija (MTS) and Telenor Serbia, paving the way made such a decision, and we remain open to further
Serbia for the latter to enter the fixed broadband market. negotiations on channel distribution, convinced that
they will recognize the importance of this cooperation
The agreement is understood to allow MTS to lease
access to its fiber-optic infrastructure to Telenor and for all – citizens of Serbia, companies operating in
to provide the latter with wholesale Ethernet bitstream the same segment and society as a whole.’ Telenor
services. Telenor is also understood to have gained is gearing up to enter the fixed broadband market by
permission to distribute TV media content owned by the end of the year, and plans to invest EUR300 million
MTS. The deal was fiercely opposed by United Group, (USD363 million) in Serbia over the next five years. The
the parent company of Serbia Broadband (SBB) – deal required KZK approval as Serbian competition
Serbia’s second-largest ISP by subscribers – and the rules prohibit the cooperation of competitors within a
Serbian government’s main competitor in the media segment except in certain circumstances, for which
segment. Local reports had presented the agreement exemptions may be issued. Indeed, when the operators
between MTS and Telenor variously as a merger of the filed for approval in January 2021, the regulator noted
two companies or as a transfer or infrastructure assets that similar agreements between Telenor and SBB, and
from MTS to Telenor. United Group, citing leaked Telenor and A1 Serbia (previously VIP Mobile) had been
internal documents from MTS, has repeatedly claimed exempted. KZK has yet to release the full details of the
that the deal is intended to harm SBB by pushing it out its decision on the matter, but: ‘Due to the expressed
of the broadband and media markets. Telenor noted in public interest, incomplete and inaccurate information
a statement, however, that United Group has rejected presented during the procedure, the Commission will
proposals for further cooperation on media distribution: publish complete solutions with explanations that do
‘Telenor has not yet received the rights and permission not contain protected data’.(April 27, 2021) commsupdate.com

158 APRIL-MAY 2021