Page 113 - SAMENA Trends - May-June 2024

REGULATORY & POLICY UPDATES SAMENA TRENDS

REGULATORY ACTIVITIES BEYOND

THE SAMENA REGION

The Communications and Media Authority (ACMA) in October last year that left nearly half of Australia’s
has begun legal action against Optus, the country’s population of 26 million without mobile or internets
second largest telco, over a data breach it suffered in services for over 12 hours. Bayer Rosmarin resigned
2022. The watchdog has filed legal proceedings to the in November, saying that her resignation “is in the best
Australia Federal Court, alleging that Optus “failed to protect the interest of Optus moving forward.” Optus’s parent
confidentiality of its customers’ personal information company Singtel said in a statement to investors that
from unauthorized interference or unauthorized access,” it intends to defend the legal challenge from the ACMA,
and was therefore in breach of the Telecommunications adding that “Optus Mobile is not able to determine the
(Interception and Access) Act of 1979. Between 17–20 quantum of penalties, if any, that could arise.” The
September 2022, Optus suffered a data breach that company is already battling another lawsuit relating to
affected up to 10 million current and former customers, the cyber-attack. After the event occurred, Optus hired
comprising a third of Australia’s population. The Deloitte to conduct an assessment into the attack’s
breach resulted in the illegal acquisition of sensitive causes. Since then, those affected by the attack have
information, including names, dates of birth, addresses, hired law firm Slater and Gordon to initiate legal action,
and contact details. The then CEO Kelly Bayer Rosmarin aiming to get the results of Deloitte’s investigation
was widely criticized for her handling of this situation, published.
with the matter made worse by a major network outage (May 23, 2024) www.totaltele.com

The Austrian data protection authority (DSB) regard to compliance with the General Data Protection
announced that it had initiated its investigations Regulation (GDPR). The checks begin with the
into the telecommunications sector. The DSB noted instruction to submit the list of processing activities and
that the investigations are carried out as part of the submission of a questionnaire in which the companies
Austria priority procedures in which those responsible or are asked to comment on general and sector-specific
processors in a specific sector are subjected to an data protection issues. Additionally, oral negotiations
in-depth examination. According to the DSB, several and on-site examinations are possible in the further
telecommunication companies will be examined with process. (May 7, 2024) www.dataguidance.com

Claro Chile, a subsidiary of giant mobile network 26GHz concession and a 50:50 Claro/VTR joint venture
operator América Móvil, has won the second 5G tender may suffer if both companies don’t buy one half of the
in Chile, making it the fourth operator permitted to JV's convertible notes before 1 August. América Móvil
offer 5G services in the country. The BNamericas news has done so and is now waiting for VTR owner Liberty
Chile service says Claro Chile submitted a single offer of to respond. Telecommunications and transport minister
Juan Carlos Muñoz has reportedly expressed his hope
83.5 billion pesos (about US$90.1 million) for the five
10MHz blocks in the 3.5GHz band. Rival operator Entel, that there will be a third 5G tender.
meanwhile, offered a little over half that sum for the (June 19, 2024) www.developingtelecoms.com
spectrum. The previous auction in March resulted in
a tie between Claro and Entel, the only operators that The Chilean regulator, Subtel, opened the auction of the
put forward proposals. Under the terms of the auction 3.5 GHz band, offering 50 MHz in total. Claro and Entel
Claro is now obliged to cover 100 new localities and submitted bids. The regulator expects to award up to
1,500 kilometers of roads. In 2021 operators WOM, five spectrum licenses. The spectrum must be used to
Telefónica Movistar and Entel won 50MHz each in install and operate high-speed 5G networks. Licenses
the 3.5GHz band for 32 billion pesos (UDS$34.2 will be awarded to the bidders that achieve the highest
million), 117 billion pesos (US$125 million) and 100 score in the evaluation of their technical projects.
billion pesos (US$106.8 million) respectively. All three The score is based on network deployment time, the
operators are offering 5G in Chile. Operators in Chile population served, coverage and new infrastructure to
also have licenses in the 26GHz band for 5G services, be installed. There will be a tender process if two or
though it’s not all good news for the tender process. more applications achieve the same score.
Financially troubled WOM is planning to relinquish its (May 24, 2024) www.cullen-international.com

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