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REGULATORY & POLICY UPDATES SAMENA TRENDS
fraud mitigation protections. According to the regulator, preliminary views on the matter, ACCC commissioner
it anticipates that the investigation ‘will take some time’, Liza Carver said: ‘We are assessing how the proposed
while it said its findings will be made public once it is infrastructure and spectrum arrangements between
complete. Commenting, ACMA chair Nerida O’Loughlin TPG and Telstra will change the incentives and ability
said: ‘When customers entrust their personal information of Telstra, TPG, Optus, and other market participants to
to their telecommunications provider, they rightly compete and to invest in mobile service infrastructure.’
expect that information will be properly safeguarded. Specifically, the ACCC has said that, in respect of the
Failure to do this has significant consequences for all competitive effects of the proposed transaction, it is
involved. All telcos have obligations regarding how they considering whether it is likely to affect price-based
acquire, retain, protect and dispose of the personal competition and infrastructure-based competition, while
information of their customers. A key focus for the the regulator is also considering the ‘public benefits and
ACMA will be Optus’ compliance with these obligations. detriments’ likely to arise as a result of the deal. ‘There is
We look forward to full cooperation from Optus in this still a lot of work to do on this complicated and nuanced
investigation.’ (October 11, 2022) www.commsupdate.com review, which is of critical importance to competition in
the mobile telecommunication sector. At this stage we
A statement of preliminary views on the authorization have not reached any overall conclusions, but welcome
sought by Telstra and TPG Telecom (Vodafone further submissions from stakeholders and consumers
Australia) for their proposed regional mobile network alike on the issues raised,’ Ms. Carver added. In terms of
arrangements has been published by the Australian the timings for the remainder of the process, the ACCC
Competition and Consumer Commission (ACCC). In has set a deadline of 14 October for feedback on its
February 2022 Telstra and TPG inked what they called a preliminary views, while further submissions regarding
‘ground-breaking ten-year regional Multi-Operator Core the matter from the parties involved will be allowed until
Network (MOCN) commercial agreement’. The two ‘October/November 2022’. Finally, the ACCC has said it
companies are now seeking authorization from the ACCC expects to issue a final decision regarding the proposed
for the deemed acquisition of certain TPG spectrum, tie-up on 2 December 2022.
which is tied to three interrelated network agreements (September 30, 2022) www.commsupdate.com
that are being considered together. In publishing its
The Regulatory Authority for Broadcasting and is no longer relevant for sector-specific regulation
Telecommunications (Rundfunk und Telekom and proposes that the existing obligations are lifted.
Regulierungs, RTR) has opened a public consultation on Interested parties have been given until 30 November to
the deregulation of the fixed voice market for business submit comments.
Austria customers. The draft suggests that the retail business (October 27, 2022) www.commsupdate.com
market for access to subscriber lines at fixed locations
The Ministry of Digital Development and Transportation well an examination of best practice in several other
(MDDT) has adopted a new methodology for determining countries. In addition to the regional variations, the
spectrum usage fees said Deputy Minister Rovshan fees will be determined by a range of factors, including
Rustamov. To aid development of mobile services in the the technology implemented, the available bandwidth,
Azerbaijan regions and reduce the digital divide, the new guidelines and the size and number of frequency assignments.
will notably allow flexible rates to be applied in different Meanwhile, the deputy minister has also revealed that a
areas of the country. Under the plan, a 25% discount will total of 420,000 households will be connected to GPON
apply in regions outside Baku, Sumgait and the Absheron networks in Azerbaijan by the end of 2024. With some
district, while the fee will be 2.6 times cheaper in areas 370,000 homes passed by GPON infrastructure at the
reclaimed during the military conflict with Armenia in end of 2021, the minister noted the planned expansion
2020. The MDDT’s website states the new methodology will increase the country’s minimum average internet
has been developed based on recommendations from speeds to 25Mbps.
the International Telecommunications Union (ITU), as (October 10, 2022) Trend
166 SEPTEMBER-OCTOBER 2022