Page 121 - SAMENA Trends - August 2020

REGULATORY & POLICY UPDATES SAMENA TRENDS

UK regulator Ofcom has published updated advice to Ofcom said that it proposed finding that KCOM has
the Government on airwaves that be used to improve market power in local access and leased lines access
mobile broadband connectivity for rail passengers. services, saying it would address that market power
This update outlines the best spectrum options to meet ‘by regulating in a way that supports competition and
rising demand for on-board data access by providing investment, and protects customers’. Specifically, the
track-to-train connections through backhaul for Wi-Fi, watchdog has said it aims to encourage competition
or mobile small cells on trains. Ofcom recommends the in the retail market by ensuring that competitors will
66-71 GHz and 39-40 GHz bands as the best options for continue to have access to KCOM’s network on fair and
providing these connections. Ofcom is also examining reasonable terms, while also proposing to facilitate
future plans for the 26 GHz band, and will take any new entrants’ use of KCOM’s network by making
demand to use this band for trackside services into improvements to the existing wholesale local access
account when developing a future licensing strategy. arrangements. Ofcom is also proposing that network
(July 27, 2020) telecompaper.com providers should be able to lease from KCOM just
the fiber element of a ‘leased line’. Meanwhile, given
British telecoms regulator Ofcom has proposed the what it said was an increased focus on regulating
creation of conditions designed to ‘improve retail KCOM’s fiber wholesale local access services, Ofcom
competition in the fixed telecoms markets in the Hull aims to deregulate both the wholesale broadband
Area, through [its] wholesale regulation of KCOM’. In access market and fixed voice telephone services. The
launching a consultation on its plans, the watchdog regulator has claimed that improving access to KCOM’s
said that it was looking to focus its regulation on fiber network will mean more companies can provide
encouraging competing providers to enter the market. such services in the Hull Area, and as such its existing
To that end, Ofcom’s consultation has set out its regulation would no longer be required. Responses to
proposals for regulation of the wholesale local access the consultation are being sought by a 24 September
and wholesale leased lines access services markets in deadline, following which Ofcom has said it will publish
the Hull Area from April 2021, while it also sets out how a statement setting out its final decisions before the
it plans to deregulate the wholesale broadband access new regulation takes effect from April 2021.
and fixed voice markets. In its consultation documents, (July 20, 2020) commsupdate.com

A US court largely dismissed a lawsuit challenging deployment” of next-generation services.
Federal Communications Commission (FCC) (August 12, 2020) mobileworldlive.com
regulations intended to speed deployments of 5G
small cells, drawing praise from the domestic mobile The US Administration is making 100 MHz of midband
United industry. At issue in the case were infrastructure rules spectrum available for FCC auction by December
2021, according to the White House, and use by
approved by the FCC in September 2018 which, among
States other things, limited the amount of time allowed for commercial 5G providers at full power ASAP, at least
local review of applications for small cell placement and on the government timeline. The move was billed as
capped municipal fees associated with such permits. strengthening U.S. leadership in 5G. White House
Though the regulations aimed to eliminate hurdles to and DOD officials said Monday (Aug. 10) that they
5G rollouts, local authorities balked. In October 2018, had identified spectrum between 3450 and 3550 GHz
more than a dozen cities joined a lawsuit challenging currently used by DOD for key radar applications, that
the FCC’s rules on the basis the agency exceeded could be freed up quickly for sharing with commercial
its legal authority and its orders were “arbitrary and 5G without sacrificing national security or military
capricious”. In a decision issued the court upheld the uses, specifically critical radar for air defense, missile
FCC’s rules related to fee caps and application review and gun control, battlefield weapon locations, air traffic
deadlines, but ordered it to revisit other restrictions control, and more. The Administration will work with
placed on aesthetic reviews. FCC Chairman Ajit Pai in a industry on the sharing regime, which will require
statement called the decision a “massive victory” over ongoing coordination. The White House and DOD
“short-sighted efforts by those seeking to obstruct worked quickly to identify the spectrum and free it up
5G deployment”. He added the affirmation of national as quickly as possible, but due to statute it must be
infrastructure policy coupled with scheduled mid-band done on an 18-month time frame, though an official
spectrum auctions left the country “well-positioned speaking on background pointed out that the time
to extend its global lead in 5G”. Industry groups CTIA frame for federal spectrum to get to market can often
and the Competitive Carriers Association (CCA) also be six or seven years, so the timeline was fast in that
applauded the ruling, with CCA chief Steven Berry context. A DOD spokesperson said it worked on an
noting it will ensure “outlier regulations do not inhibit unprecedented 15-week schedule to find the spectrum,

121 AUGUST 2020