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The Commerce Commission has reaffirmed its current timetable to develop regulated unbundled local loop and co-location services.  On Tuesday (5 June) Telecom requested a delay in the timeframe to provide its first standard terms proposals due on 12 June.  After considering Telecom’s request, the Commission has decided to stick to the timeframe that it notified to Telecom on 3 April. 

 

“While I understand Telecom’s position, I am concerned by the need to ensure the integrity of the process for all parties and prompt delivery to the market of these key services that will promote competition in telecommunication markets.”  said Douglas Webb, Telecommunications Commissioner.

 

The dates for the delivery of the standard terms proposals were set by the Commission after holding Scoping Workshops with Telecom and other interested parties.  At those workshops, Telecom and the other parties gave their views on the timeframes which were considered when the due dates were set to deliver the proposals.

 

Source: Commerce Commission of New Zealand

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Jamaica's government has awarded mobile startup Solutrea Jamaica a mobile license effective June 1, local newspaper The Jamaica Gleaner quoted the minister of commerce, science and technology Phillip Paulwell as saying.

The government granted the license after the company carried out a process of due diligence with the country's ministry of finance and planning. The company will pay J$500mn (US$7.33mn) for the license.

According to the report, the company was one of two that had approached the government for a license. Solutrea will use CDMA2000 1x technology, according to the website of the CDMA Development Group.

Jamaica currently has three mobile operators, Digicel, Cable & Wireless Jamaica and MiPhone.

Source: Business News Americas

Complainant: Ofcom own-initiative
Complaint against: Communications providers offering broadband (DSL) services
Case opened: 14 February 2007
Issue: Compliance with the MAC Broadband Migrations Process and general obligations applicable to migrations
Relevant instruments: General Condition 22 of the General Conditions of Entitlement (“GC22”)

Update note: 8 June 2007

Following complaints that Prodigy Internet Ltd (“Prodigy”) was failing to comply with its obligations under GC22, Ofcom issued Prodigy with a notice under section 135 of the Communications Act 2003 (“the Act”) (“the notice”) on 25 April 2007. The notice required Prodigy to provide Ofcom with specified information by the deadlines of 27 April 2007 and 3 May 2007 to assist Ofcom’s consideration of Prodigy’s compliance with GC22 and GC14.7 (requirement to implement and comply with a dispute resolution scheme). Prodigy failed to provide the required information by the deadlines and has, to date, failed to provide the information.

Ofcom has therefore issued Prodigy with a notification under section 138 of the Act (“the notification”), requiring Prodigy to provide the specified information. If Prodigy does not comply with the notification, Ofcom may impose penalties under section 139 of the Act or bring proceedings under section 144 of the Act.

A non-confidential version of the notification has been prepared and is available from the link below.

End of update note

Ofcom has launched an active enforcement programme to monitor compliance by broadband providers with new rules on broadband migration and, if necessary, to take action to enforce those rules.

On 13 December 2006, after public consultation, Ofcom imposed a new General Condition, GC22, governing the obligations of broadband providers to customers who are seeking to migrate between DSL-based broadband services. GC22 entered into force on 14 February 2007.

Under GC22, all broadband providers must use the the MAC Broadband Migrations Process (‘the MAC process’) if they receive a migration request from an end-user, customer or another provider. Details of the MAC process are set out in Annex 1 to GC22.

If the MAC process does not apply, communications providers are required to facilitate migration in a fair and reasonable manner, ensuring that migration is carried out within reasonable timescales and with minimal loss of service.

Ofcom’s active enforcement programme will gather information from broadband providers about migrations and consider evidence of non-compliance, including numbers of complaints received by Ofcom. However, as now, Ofcom will not investigate individual consumers’ complaints.

Ofcom may initiate separate investigations of named providers which will be announced via Ofcom’s Competition Bulletin or may move directly under this programme to take action where, for example, Ofcom has reasonable grounds for believing that a communications provider is contravening GC22. In that case, Ofcom will announce its action via an update to this Competition Bulletin entry.

Case Leader: Martin Hill (020 7783 4334 e-mail: martin.hill@ofcom.org.uk)
Case Reference: CW/00946/02/07

• Notification of Contravention of Information Requirements under Section 138 the Communications Act 2003 [pdf]
  Notice served on Prodigy Internet Ltd

Source: OFCOM

Prior to taking any decisions on the call termination tariffs of Metropolitan mobile operators which it will adopt by the end of 2007, ARCEP wishes to consult concerned parties on the cost references at its disposal and which are not subject to business secrecy: the international European comparison of mobile voice call termination charges as well as the technical and economic network cost model of a generic Metropolitan mobile operator.

This consultation is part of the second market analysis cycle of the wholesale voice call termination market on mobile networks, which ARCEP initiated during the first quarter and which will lead to the specification of price control obligations through a draft decision, which will be submitted to a public consultation in summer 2007. In the autumn, following this final stage, ARCEP will adopt its final decisions, which will extend current market regulation.

This decision affects Metropolitan operators in particular, for which ARCEP plans to maintain the obligation that call termination charges reflect costs. Prior to the publication of the draft decision establishing the pricing framework which will be applicable to them, ARCEP is initiating a public consultation on the various cost references at its disposal, in a concern for transparency, excluding elements subject to business secrecy. Thus, the audited cost accounting and income reports drawn up based on the regulatory accounting references specified by ARCEP are not covered by this public consultation.

This public consultation is organised in two parts which correspond to the two cost references at ARCEP’s disposal which are not covered by business secrecy:

- The first part concerns the international comparison published by the European Regulators’ Group (ERG): it reviews the chosen methodology, presents the latest applicable results and highlights issues which might be useful in reading the results.

- The second part bears on the technical and economic model: it presents the main modifications made to the model’s structure since its publication (consultation of 9 February to 9 March 2007) and once again calls for comments on the modified model.

This consultation is open until 9 July 2007 at 5.00 pm. Responses must be sent to: couts.mobiles@arcep.fr

In a concern for transparency, ARCEP will publish all comments it receives, except for those parts covered by business secrecy.

The following files can be downloaded:

• Complete text of the public consultation (pdf )

• Technical and economic model with its notice (zip - 6 Mo )

• Additional economic depreciation module (zip - 5,2 Mo )

Source: ARCEP

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To keep pace with the market developments, the Telecommunications Authority (TA) today (8 June 2007) announced his decisions to update the existing universal service arrangements.

After considering the submissions in response to the consultation paper of "Review of the Regulatory Framework for Universal Service Arrangement" issued on 28 December 2006, the TA issued a Statement today to conclude the review. The existing universal service arrangements were put in place in 1998. PCCW-HKT Telephone Ltd. (PCCW), the only universal service provider, has been compensated under the Universal Service Contribution (USC) scheme for the net cost of providing universal service to unprofitable customers. At present, the compensation is shared by telecommunications service providers who provide external telecommunications services (commonly known as International Direct Dialling (IDD) services) on the basis of the traffic volume handled.

"The TA agrees with the majority of the respondents to the consultation that the universal service arrangements should be maintained so that affordable basic telephone service will continue to be available to all members of the public," a spokesperson of the Office of the Telecommunications Authority (OFTA) said.

"However, the market landscape has undergone massive changes since 1998. Competitors of PCCW have rolled out customer access networks to connect directly their customers. More than 76% of households are accommodated in buildings connected by at least one alternative access network constructed by PCCW’s competitors. PCCW’s competitors are competing with PCCW in these buildings. To be fair to the competitors of PCCW, PCCW should no longer receive subsidy in the form of USC in those buildings connected by alternative access networks," continued the spokesperson.

"The TA also updated the methodology for the calculation of the universal service cost. For example, the net cost of providing universal service should not be calculated on an individual customer basis. The net cost of serving all customers connected by the same distribution point should be considered instead," the spokesperson elaborated.

The above changes to the existing universal service arrangements will take effect from 1 July 2007.

"Regarding the funding arrangement, the existing mechanism of sharing the cost of providing universal service on the basis of IDD traffic volume will gradually become unsustainable as more and more traffic will be routed through IP-based networks. The TA decides that the status quo will remain until the end of April 2009, when the fixed-mobile interconnection charge is deregulated and the new funding arrangement will be based on the quantity of telephone numbers allocated," the spokesperson added.

The TA Statement, which is entitled "Review of the Regulatory Framework for Universal Service Arrangements", can be downloaded from OFTA's website at www.ofta.gov.hk .

Source: OFTA, Hong Kong

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ANRCTI has allotted new numbering resources to S.C. AIR BITES S.R.L., S.C. CARRIER 1 NETWORKS S.R.L., S.C. EUROWEB ROMANIA S.A., S.C. GBA NETWORK GROUP S.R.L., S.C. HES COMMUNICATIONS S.RL., S.C. NETPOINT S.R.L., S.C. ORION COMMUNICATION S.R.L. for the provision of telephony services and granted, as well, a new licence to S.C. VESSA TELECOM S.R.L., at the titular’s request, due to the change of its address.

Air Bites, Carrier 1 Networks and GBA Network Group, which requested numbering resources for the first time, were granted each the right to use 410,000 geographic national numbers within the 0Z=03 domain for the provision of fixed telephone services in 40 counties and in Bucharest. As regards the numbers within the 0Z=08 domain, GBA Network Group requested and was granted 1,000 numbers for prepaid cards, while Carrier 1 Networks was granted 3,000 numbers for tele-voting services, for services provided through Green Numbers, universal access service and prepaid cards. Moreover, Carrier 1 Networks was allotted 3,000 numbers within the 0Z=09 domain and received the individual indicatives 1662 and 1062 for carrier selection. The indicatives received by Air Bites for carrier selection are 1661 and 1061, while the indicative received by GBA Network Group is 1063.

According to the licence granted by ANRCTI, Euroweb Romania requested and was granted the right to use 90,000 national numbers within the 0Z=03 domain for the provision of telephony services in Bucharest.

HES Communications, a first time requester of numbering resources, was granted the right to use 70,000 numbers for the provision of fixed telephony services. Furthermore, the company was allotted 2,000 numbers within the 0Z=08 domain for the provision of services through Green Numbers and prepaid cards, as well as 3,000 national numbers within the 0Z=09 domain for Premium Rate services. The indicatives received by HES Communications for carrier selection are 1664 and 1064.

Netpoint was allotted 400,000 more national numbers within the 0Z=03 domain for the provision of telephony services in 40 counties of Romania. Orion Communication, a new entrant on the market, was granted the right to use 10,000 national numbers from the 0Z=03 domain, as well as 2,000 numbers for services provided through prepaid cards and Green Numbers; the company received the indicatives 1660 and 1060 for carrier selection.

Following the request of Vessa Telecom whereby it announced the company’s change of address, ANRCTI granted a new licence, without allotting additional numbering resources.

So far, ANRCTI has allotted more than 76.7 million numbers based on the procedure of granting licences for the use of numbering resources. 57.2% of these have been allotted for fixed telephone services, while 41.7% have been assigned for the provision of mobile telephone services.

Further details on the numbering resources allotted by ANRCTI are available here

Source: ANRC, Romania

Paris, 6 June 2007

In recent months, major French operators have announced and begun implementing plans to deploy very high-speed access networks in Paris and in certain other large cities.

These initiatives are a part of the continuing dynamic of the high-speed market and put France ahead of its European counterparts. In order to facilitate the efficiency of investments to the benefit of consumers, ARCEP wishes to contribute to the emergence of a framework which is favourable to the development of very high speed. In the next few months, it considers it necessary to go further in depth into two subjects: operator access to ducts and the sharing of the terminal part of networks.

Favouring operator deployments by sharing ducts

The total renewal of the copper local loop with fibre optic local loops requires an investment of tens of billions of euros. Civil engineering costs and the laying of ducts represent more than half of the cost of building a new fixed local loop. Under these circumstances, the possibility of using civil engineering infrastructures (ducts, rooms) is a key factor in operators’ economic equation.

A number of projects are underway in this sense:

First, the Comité des Réseaux d'Initiative Publique (CRIP), a forum for discussion and exchange between ARCEP, local governments and operators, is examining how local governments might intervene in favour of very high speed, such as laying extra ducts during roadworks and leasing them to operators.

=> Points of reference will be published before the end of the year

Next, ARCEP has initiated works to evaluate the advisability and feasibility of regulating the incumbent’s ducts. Indeed, in 1996, France Telecom received the ownership of several hundreds of thousands of kilometres of ducts installed for the telephone and cable plan networks. These infrastructures are only partly occupied and could facilitate the deployment of fibre optic networks.

Such regulation concentrated on the lowest network layers would help to stimulate operator investments by reducing regulation needs on higher layers: fibre network architecture, structure and pricing of activated offers, etc.

=> This summer, ARCEP will submit a market analysis for public consultation bearing on the competitive situation of ducts and their possible regulation

Sharing the terminal part of networks to avoid creating local monopolies

It is indispensable that the terminal part of networks be shared:

• to limit disruptions in apartment buildings and houses by avoiding having different operators lay networks
• to let inhabitants put competition into play between very high speed service providers without being held captive by the first operator to have wired their building

It appears that operators having begun deploying fibre networks in apartment buildings have already told owners and managers that their networks are "shareable".

However, to date, their access or sharing offers have neither been published nor been notified to ARCEP. Some building managers have wondered about this situation.

=> In order to provide transparent information to various players, ARCEP invites operators deploying very high speed networks to send in their technical and pricing offer for access to the terminal part of their network by the end of the month.

ARCEP will pay very special attention to the technical specifications of interfaces, provision tariffs, location of interconnection points, related connection services to interconnection points and equipment hosting.

=> A document submitted for public consultation will then explain the main conditions necessary for the terminal part of a fibre network to be effectively shared by the various very high speed operators under reasonable technical and economic conditions.

***

In order to coordinate the various works in progress, a very high speed project leader has been designed at ARCEP. This position will be held by Sébastien Soriano, head of the FTTx and unbundling unit.

Source: ARCEP

Paris, 6 June 2007

In recent months, major French operators have announced and begun implementing plans to deploy very high-speed access networks in Paris and in certain other large cities.

These initiatives are a part of the continuing dynamic of the high-speed market and put France ahead of its European counterparts. In order to facilitate the efficiency of investments to the benefit of consumers, ARCEP wishes to contribute to the emergence of a framework which is favourable to the development of very high speed. In the next few months, it considers it necessary to go further in depth into two subjects: operator access to ducts and the sharing of the terminal part of networks.

Favouring operator deployments by sharing ducts

The total renewal of the copper local loop with fibre optic local loops requires an investment of tens of billions of euros. Civil engineering costs and the laying of ducts represent more than half of the cost of building a new fixed local loop. Under these circumstances, the possibility of using civil engineering infrastructures (ducts, rooms) is a key factor in operators’ economic equation.

A number of projects are underway in this sense:

First, the Comité des Réseaux d'Initiative Publique (CRIP), a forum for discussion and exchange between ARCEP, local governments and operators, is examining how local governments might intervene in favour of very high speed, such as laying extra ducts during roadworks and leasing them to operators.

=> Points of reference will be published before the end of the year

Next, ARCEP has initiated works to evaluate the advisability and feasibility of regulating the incumbent’s ducts. Indeed, in 1996, France Telecom received the ownership of several hundreds of thousands of kilometres of ducts installed for the telephone and cable plan networks. These infrastructures are only partly occupied and could facilitate the deployment of fibre optic networks.

Such regulation concentrated on the lowest network layers would help to stimulate operator investments by reducing regulation needs on higher layers: fibre network architecture, structure and pricing of activated offers, etc.

=> This summer, ARCEP will submit a market analysis for public consultation bearing on the competitive situation of ducts and their possible regulation

Sharing the terminal part of networks to avoid creating local monopolies

It is indispensable that the terminal part of networks be shared:

• to limit disruptions in apartment buildings and houses by avoiding having different operators lay networks
• to let inhabitants put competition into play between very high speed service providers without being held captive by the first operator to have wired their building

It appears that operators having begun deploying fibre networks in apartment buildings have already told owners and managers that their networks are "shareable".

However, to date, their access or sharing offers have neither been published nor been notified to ARCEP. Some building managers have wondered about this situation.

=> In order to provide transparent information to various players, ARCEP invites operators deploying very high speed networks to send in their technical and pricing offer for access to the terminal part of their network by the end of the month.

ARCEP will pay very special attention to the technical specifications of interfaces, provision tariffs, location of interconnection points, related connection services to interconnection points and equipment hosting.

=> A document submitted for public consultation will then explain the main conditions necessary for the terminal part of a fibre network to be effectively shared by the various very high speed operators under reasonable technical and economic conditions.

***

In order to coordinate the various works in progress, a very high speed project leader has been designed at ARCEP. This position will be held by Sébastien Soriano, head of the FTTx and unbundling unit.

Source: ARCEP

Paris, 6 June 2007

In recent months, major French operators have announced and begun implementing plans to deploy very high-speed access networks in Paris and in certain other large cities.

These initiatives are a part of the continuing dynamic of the high-speed market and put France ahead of its European counterparts. In order to facilitate the efficiency of investments to the benefit of consumers, ARCEP wishes to contribute to the emergence of a framework which is favourable to the development of very high speed. In the next few months, it considers it necessary to go further in depth into two subjects: operator access to ducts and the sharing of the terminal part of networks.

Favouring operator deployments by sharing ducts

The total renewal of the copper local loop with fibre optic local loops requires an investment of tens of billions of euros. Civil engineering costs and the laying of ducts represent more than half of the cost of building a new fixed local loop. Under these circumstances, the possibility of using civil engineering infrastructures (ducts, rooms) is a key factor in operators’ economic equation.

A number of projects are underway in this sense:

First, the Comité des Réseaux d'Initiative Publique (CRIP), a forum for discussion and exchange between ARCEP, local governments and operators, is examining how local governments might intervene in favour of very high speed, such as laying extra ducts during roadworks and leasing them to operators.

=> Points of reference will be published before the end of the year

Next, ARCEP has initiated works to evaluate the advisability and feasibility of regulating the incumbent’s ducts. Indeed, in 1996, France Telecom received the ownership of several hundreds of thousands of kilometres of ducts installed for the telephone and cable plan networks. These infrastructures are only partly occupied and could facilitate the deployment of fibre optic networks.

Such regulation concentrated on the lowest network layers would help to stimulate operator investments by reducing regulation needs on higher layers: fibre network architecture, structure and pricing of activated offers, etc.

=> This summer, ARCEP will submit a market analysis for public consultation bearing on the competitive situation of ducts and their possible regulation

Sharing the terminal part of networks to avoid creating local monopolies

It is indispensable that the terminal part of networks be shared:

• to limit disruptions in apartment buildings and houses by avoiding having different operators lay networks
• to let inhabitants put competition into play between very high speed service providers without being held captive by the first operator to have wired their building

It appears that operators having begun deploying fibre networks in apartment buildings have already told owners and managers that their networks are "shareable".

However, to date, their access or sharing offers have neither been published nor been notified to ARCEP. Some building managers have wondered about this situation.

=> In order to provide transparent information to various players, ARCEP invites operators deploying very high speed networks to send in their technical and pricing offer for access to the terminal part of their network by the end of the month.

ARCEP will pay very special attention to the technical specifications of interfaces, provision tariffs, location of interconnection points, related connection services to interconnection points and equipment hosting.

=> A document submitted for public consultation will then explain the main conditions necessary for the terminal part of a fibre network to be effectively shared by the various very high speed operators under reasonable technical and economic conditions.

***

In order to coordinate the various works in progress, a very high speed project leader has been designed at ARCEP. This position will be held by Sébastien Soriano, head of the FTTx and unbundling unit.

Source: ARCEP

Approving the result of the opinion at first reading of the European Parliament adopted on 23 May 2007, the Council reached political agreement on a proposal for a Regulation on roaming on public mobile networks within the Community and amending Directive
2002/21/EC on a common regulatory framework for electronic communications networks and services (10094/07).

Following final verification by the legal / linguistic experts, the Regulation is due to be adopted on 25 June 2007 and published in the Official Journal of the EU before the end of June. It will enter into force one day after its publication.
The Commission adopted its proposal in July 2006 (11724/06 +ADD1 +ADD2).

The objective of the Regulation is to ensure that users of public mobile telephone networks travelling within the Community do not pay excessive prices for roaming services when making and receiving calls. The Regulation lays down rules on the charges that may be levied by mobile operators for the provision of roaming services for voice calls originating and terminating within the Community.


Tariffs
The Regulation provides for imposing the regulatory obligations at both retail and wholesale level. It sets an EU-wide maximum average per-minute wholesale charge not exceeding EUR 0.30. This charge will decrease to EUR 0.28 and EUR 0.26 after one year and two years respectively.

The regulation introduces a Eurotariff at retail level (excluding VAT) not exceeding EUR 0.49 per minute for any call made and EUR 0.24 per minute for any call received for the first year. The price ceiling for calls made will automatically be reduced to EUR 0.46 and
EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, in the second and third year respectively.

Tariff opting system
All existing roaming customers will be given the opportunity, within one month following the entry into force of this Regulation, to opt deliberately for a Eurotariff or any other roaming tariff and must inform their home provider of their choice within a period of two
months. The requested tariff will be activated no later than one month after receipt of the customer’s request by the home provider. Roaming customers who do not make their choice within that period will be automatically provided with a Eurotariff.
However, roaming customers who already benefit from a specific roaming tariff or package before the entry into force of this Regulation and who do not indicate a new choice will remain on their previously chosen tariff, but they will be able to opt-in at any time.

Transparency
The Regulation lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Community-wide roaming services.
Each service provider will by means of a message service provide its roaming customers automatically and free of charge, whenever they enter another Member State, with personalised information on the roaming charges (including VAT) that apply to the making and receipt of calls.
In addition, the customer has the right to request free of charge additional pricing information on the roaming charges of voice calls, SMS, MMS and other data communication services and will receive this information by means of a mobile voice call or by SMS.

Timing of application
Providers of international roaming services will have two months to implement provisions related to wholesale roaming tariffs and three months to implement provisions related to the transparency obligations at retail level.

Review procedure and duration
The Commission will review the functioning of the Regulation and report to the EP and the Council no later than 18 months after its entry into force. The duration of the Regulation is limited to three years unless, on the basis of a Commission proposal, the Council and the Parliament decide to extend its duration and/orits scope.

Source: Europa

LEADING WIRELESS INDUSTRY ENTREPRENUERS SEEK OPEN ACCESS
FOR PART OF 700 MHZ SPECTRUM TO BE AUCTIONED
‘Just Do It’ Versus ‘Just Ask the Big 4’
NEW YORK CITY, June 7, 2007 – The Wireless Founders Coalition for Innovation, a new group of wireless entrepreneurs who are behind numerous industry “firsts” in the U.S. market, is calling on the FCC to apply wireless Open Access rules to a single swathe of spectrum in the upcoming 700 MHz auction. This core group of innovators told FCC Chairman Kevin Martin, in a letter filed today, that the 700 MHz auction provides an historic opportunity, allowing the Openness of the wireline Internet to be applied for the first time to the wireless world and unlocking a new wave of wireless entrepreneurial activity.

To this end, these entrepreneurs – who have developed groundbreaking mobile content, services, applications and platforms that have transformed the U.S. mobile industry – are urging the Commission to adopt Frontline Wireless’s proposed requirements for Open Access for a single block of 700 MHz spectrum. “One does not have to ask Comcast or Time Warner Cable or even Verizon’s
DSL division for permission to launch a new product, service or device,” the letter said. “To borrow the Nike slogan, you can ‘just do it. In wireless, on the other hand, you can ‘just ask the Big 4.’”

‘Real World’ Perspective
The Coalition is a new group of veteran wireless entrepreneurs. They have come together to bring an on-the-ground perspective as developers and innovators to the question of why wireless Open Access rules are needed for the proposed E Block of 700 MHz spectrum. Open Access is critical for this limited slice of spectrum to move beyond the current walled gardens of wireless operators, which stymie U.S. competitiveness, innovation and economic growth. The group consists of members who have developed innovations that have shaped today’s wireless market, including: (1) John Tantum and Amol Sarva, who co-founded Virgin Mobile USA, the first mobile virtual private network
operator in the U.S.; (2) Fabrice Grinda, founder of Zingy, which built the market for ringtones and mobile entertainment in the U.S.; (3) Jason Devitt, founder of Vindigo, which publishes more than twenty different applications for mobile
phones including its famous city guide; (4) Pat McVeigh, former CEO of Omnisky and former CEO of PalmSource; (5) Sam Leinhardt, founder of Penthera, which created one of the first software platforms for mobile TV broadcasting; (6) Martin Frid-Nielsen, founder of Soonr, which gives consumers access to PC data from any mobile device or network; (7) Alex Asseily, who founded Aliph, which created audio technology for wireless phones and the Jawbone headset.

Real-World Problems
In the letter to the FCC, the Coalition describes the time-consuming and costly roadblocks that would continue to stymie wireless innovation without E block Open Access requirements, including a need for developers to obtain approval
from carriers before deploying new devices or services on a network. This could take months of waiting for “compliance testing,” even when a device is a small variant to a previously tested device. In other cases, carrier Terms of Service
may prevent deployment of innovative applications that require passing data traffic “over the top” of carrier networks.
The “mother may I approach” to innovation embraced by the Big 4 carriers can slow time to market and increase risks and costs for the entrepreneur. In addition, applying Open Access to the E Block represents just a small portion of
the 700 MHz spectrum and only about 2.7 percent of the spectrum that will be allocated for commercial use following this auction.

Need for Openness

The Coalition is calling for three forms of Open Access in the E Block:

Open Services: The only limits on new services ideas should be the imaginations of developers, not terms of service of wireless operators,
who block basic Internet-style applications such as VoIP and webcams.

Open Devices: There is no need to subject entrepreneurs, or customers, to needless bottlenecks. An Open Device rule would ensure users may
connect any device they choose to a wireless network as long as it met certain specified technical standards. This would create a “a wave of
opportunity in the device space, including the evolution of cell phones toward ‘broadband communicators.’”

Open Auction: Frontline and Google got it right when they said recently that part of the E Block wholesale capacity should be made available to all comers via an open auction. This would lead to important new innovations, including the possibility of someone offering a less expensive
wireless service alternative subsidized by location-based advertising. “Over time, the provision of Open Access services by at least one carrier in the market could apply competitive pressure to the others to open up as well,” the Coalition said. “A slight regulatory nudge could result in a major push by market forces.”

Source: Wireless Founders Coalition for Innovation 

Disputes between: (i) T-Mobile (UK) Limited (‘T-Mobile’) and British Telecommunications plc (‘BT’) (ii) O2 (UK) Limited (‘O2’) and BT (iii) Hutchison 3G Limited (‘H3G’) and BT and (iv) BT and each of H3G, Orange Personal Communications Services Ltd (‘Orange’) and Vodafone Ltd (‘Vodafone’).
Case opened: 9 February 2007.
Issue: T-Mobile has asked Ofcom to resolve a dispute under Section 185 of the Communications Act 2003 (‘the Act’) between T-Mobile and BT concerning BT’s rejection of T-Mobile’s proposed call termination rates. O2 has asked Ofcom to resolve a dispute under Section 185 of the Act between O2 and BT concerning BT’s rejection of O2’s proposed call termination rates. H3G has asked Ofcom to resolve a dispute under Section 185 of the Act between H3G and BT concerning BT’s rejection of H3G’s proposed call termination rates. BT has asked Ofcom to resolve disputes under Section 185 of the Act between BT and each of H3G, Orange and Vodafone concerning H3G, Orange and Vodafone’s rejection of BT’s proposed call termination rates.
Relevant instrument: Ofcom intends to resolve these disputes using its powers under Chapter 3 of Part 2 of the Communications Act 2003.

Update note – 7 June 2007

Following receipt of responses to the draft determinations issued on 10 May 2007 in relation to these disputes it has become apparent that certain data previously supplied to Ofcom, and relied on by Ofcom in these draft determinations, is incorrect. That party has now supplied new data to Ofcom which Ofcom is considering.

In the light of this, Ofcom is of the view that exceptional circumstances have arisen since the acceptance of these disputes for resolution and that the requirement to resolve these disputes in four months, in accordance with section 188(5) of the Act, will not therefore apply in this case. Ofcom currently intends to issue determinations in respect of these disputes by 6 July.

Ofcom also notes that Orange has appealed Ofcom’s decision to open an investigation to the Competition Appeal Tribunal. Ofcom had previously indicated to the Competition Appeal Tribunal that given that there are six related but distinct disputes between various parties being considered concurrently, and having regard to the nature of those disputes and the broader issues that they raise, Ofcom could not exclude the possibility that exceptional circumstances might have required a modest extension of the period provided in section188(5) of the Act. In the event, Ofcom has extended its timetable exceptionally as a result of the difficulties arising in obtaining accurate information from one of the parties on a timely basis.

"Millions of citizens are waiting. Let's get the job done" said Viviane Reding, EU Commissioner for Telecommunications, at today's Council of Telecom Ministers, on the occasion of their political agreement of the Roaming Regulation

(07/06/2007) Viviane Reding, EU Commissioner for Telecommunications, said at today's Council of Telecom Ministers:

"Today we approach the end of a seven year saga of the long fight of the EU institutions against excessive mobile charges.

I would like to begin by expressing my sincere thanks and indeed congratulations: first of all to the Finnish Presidency for the solid foundation which was laid during its stewardship and, secondly, to you the German Presidency for your excellent leadership which has brought us to what I believe is a successful conclusion.

I would also like to acknowledge the constructive and positive approach taken by all delegations in Council. Your intense discussions have produced a solid, well-balanced proposal that will deliver tangible results for European citizens and business travellers.

By proposing the EU Roaming Regulation on 12 July 2006, after a detailed impact assessment and a public consultation, the Commission has completed its part of the job. It was necessary for us to bring forward our proposal because the operators failed to solve this problem by themselves. They did so even after the European Commission's EU roaming website highlighted in October 2005 the need for transparency and although we gave plenty of warnings that if prices did not move we would step in. Regrettably, the market was not capable of solving the problem by itself. The Commission therefore had to act.

As you know, the Commission can very well accept the compromise text on the table today because the core elements, which the Commission always believed necessary, have been preserved. Those are: caps at the wholesale level, caps at the retail level, clear benefits for all consumers and transparency.

With your support we will now need to focus on making sure that the customers receive these benefits as soon as possible. To help ensure effective implementation, the Commission has written to Parliament (and copied to Council) setting out in detail how the retail provisions should apply in practice under the supervision of the national regulatory authorities. The Commission has already started working with the national regulatory authorities to ensure that customers are treated properly.

I know that some in the industry have been saying that domestic prices may rise now to compensate operators. I find this very hard to believe because competition between mobile operators is fierce on national market. Raising domestic prices means kicking yourself out of the market. Nevertheless, the Commission and national regulators will watch market developments very closely.

I would like to say one word about the high roaming prices for mobile data. In cooperation with the national regulatory authorities, we will monitor data roaming prices during the next eighteen months. The operators should know this, heed these warning signals very carefully and bring the prices down to normal by themselves in order to avoid further regulation.

I should like to point out that this EU Roaming Regulation will automatically cease to apply after three years, unless Parliament and the Council decide otherwise. I very much hope that the Commission will not need to propose a prolongation.

Let me add a final word on the entry into force of the EU Roaming Regulation. After the political agreement of today, I call on the Council not to delay publication of the EU Roaming Regulation any further. It is now two weeks since the European Parliament adopted the EU Roaming Regulation in all official languages of the European Union. The Parliament has done an extraordinary job in asking its translators to do extra shifts over the weekend and in the evenings. The Council should follow this excellent example of working swiftly in the interests of EU citizens. I offer the help of the Commission, if you deem so required. Let's not use bureaucratic, procedural or legalistic excuses to delay the entry into force of this Regulation. Because millions of citizens are waiting. Let's get the job done. We all know well that this is possible – and I am sure you Ministers will today demonstrate Council's capacity to deliver.

Europe is waiting for your action, Ministers. Now."

Related Information:

See also: Roaming: Commission welcomes political agreement in today's EU Telecom Council

Morrocco publishes 2006 ICTs  indicators
http://www.anrt.net.ma/fr/admin/download/upload/file_fr1142.pdf

Source: ANRT

After long negotiations for more than six months with the three mobile operators in Egypt, and after resorting to NTRA in search for a decisive and fair solution for the problem of national roaming, the efforts were finally realized and NTRA successfully managed to devise a fair commercial agreement that works for the benefit of all the stakeholders and that is in alignment with the fair competition concept sought after by the NTRA.

The signing of the agreement and the launch of the national roaming service has been finally realized on Wednesday 6/6/2007, in the NTRA premises in the Smart Village.

According to this agreement the two operating mobile operators are required to supply the national roaming service to the third operator in the areas that are not covered by its network. As well as the responsibility of the third operator to do exactly the same for the other two companies in areas which their networks are not covered.
The national roaming agreement has been already included in the three operators’ licenses, which was one of the reasons behind the increase to almost the double of the expected value of the third license.

The importance of such and agreement is basically because it manages to solve a huge dilemma, as it is increasingly hard to find a middle ground agreement that works for the benefit of both the consumer as well as service provider. Therefore this agreement serves in covering a wider geographical area covered by the networks of the companies, without interfering with the quality of service, which on another hand generates higher profits for the service providers.

What is National Roaming:

It is one of the new telecommunications technologies that allows for providing telephone services for subscribers of a certain service network provider by using the networks of the other company, which has a geographical coverage of this specific area. Needless to say is that this service is provided for the first time in Egypt.

Most important advantages of national roaming:

1. Achieving the concept of free & fair competition in the telecommunications market, as it allows the new service provider to generate a greater geographical coverage area from the starting date of operation until it completely assembles its network, hence achieving the complete network coverage of Egypt.
2. Allowing for increased coverage of rural and deprived areas in Egypt
3. Increasing the quality of service provided to the consumer as a direct effect of the increase in the levels of competition between the operators
4. Creating a positive cooperative environment between the three operators in a framework of transparency and discipline.

Source : NTRA

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New Delhi, 07 June, 2007- Telecom Regulatory Authority of India (TRAI) has released Regulation on " International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations, 2007" which provides for the non-discriminatory, fair and open access at the cable landing stations.

A number of submarine cables are landing or terminating in India. These submarine cables terminate at cable landing stations operated and managed by few ILDOs. As such the facilities are predominantly owned by limited number of ILDOs. TRAI considers that access to these cable landing stations by other licensees is necessary for creating a conducive environment and boosting competition in the international bandwidth connectivity / leased circuits segment.

Access to submarine Cable Landing Stations (CLS) is considered an essential input for many telecom services needing international connectivity. Any access barriers to such facility can constrain the competitiveness of telecom operators and become detrimental to healthy growth of international telecom market. Thus for the CLS, which are considered to be essential and critical telecom facilities, it needs to be ensured that any restriction on such facilities should not become a ‘bottleneck’ to international telecom services provision. In pursuance of the recommendations on "Measures to promote competition in International Private Leased Circuits (IPLC) in India", the Department of Telecommunications, after accepting the recommendations, has also amended the relevant clauses in International Long Distance (ILD) Service Licence to ensure efficient, transparent and non-discriminatory access facilities for submarine cables at Cable Landing Stations.

International leased circuits are used by exporters, BPO units/ Call centers, banks, small and medium enterprises (SMEs), ISPs and other information technology enabled service providers. In addition, ILDOs also require international bandwidth connectivity for carrying international voice calls. The Regulation would facilitate:

• provisioning of bandwidth to end consumers at competitive rates;

• boosting of competition and therefore reduction in the price of international private leased circuits (IPLCs);

• availability of International bandwidth at competitive price to ISPs for rapid growth of Broadband Service;

• options to ILDOs to purchase International bandwidth at competitive prices on a range of diversified submarine cables;

• carriage of voice/data at a competitive cost.

The owners of Cable Landing Stations are mandated, from the date of commencement of the Regulation, to submit "Cable Landing Station – Reference Interconnect Offer (CLS-RIO)" containing the terms and conditions of Access Facilitation and Co-location facilities including landing facilities at cable landing stations for International submarine cable capacity in accordance with the specified schedule and provisions in the Regulation within 30 days to the Authority for its approval. The Authority shall approve the CLS – RIO within 60 days. However, if it requires modifications so as to protect the interests of service providers or consumers or to promote orderly growth of the telecom, the Authority will give an opportunity to the owner of Cable Landing Station (CLS) to make necessary modifications and submit within 15 days of receipt of requirement for such modifications in the CLS-RIO for the approval. The owner of CLS shall publish the approved CLS-RIO within 15 days from the date of approval by the Authority. The Regulation would enable the timely provision of International bandwidth connectivity at cable landing stations in a fair, equitable, transparent and non discriminatory manner to eligible International Telecommunication Entities i.e. International Long Distance Operators (ILDOs) and Internet Service Providers (ISPs) with International Gateway permission.

The Regulation provides the time limits for owner of Cable Landing Station for various activities in access facilitation including the provision for co-location facility and the Regulation also provides the time limits for eligible Indian International Telecom Entity to enter into agreement, make payments and arrange backhaul circuits to its premises from Cable Landing Station. The Regulation has a provision for a minimum commitment period of three years for Co-location facility and its renewal till the term of lease of International capacity on submarine cable at cable landing station subject to no default and breach by eligible Indian International Telecom Entity.

The Authority is of the view that there is a need for standard/published access facilitation agreement, which the new service providers can make use of for availing of access to international submarine cable capacity. In the absence of such regulation, there is a scope for delay, in provisioning of access to the capacity acquired by the competing operators, from incumbent International Long Distance Operator (ILDO) and other ILDOs with Significant Market Power (SMP) who own cable landing stations. The Authority also noted that problems have been faced by

some of the ILDOs, who had acquired capacity in a submarine cable system from foreign carriers or International Telecom carriers, desired to access such capacity at the cable landing station of an existing operator.

The highlights of Regulation are:

(a) new service providers have access to the International bandwidth capacity in the same way as the consortium members;

(b) access facilitation is not unduly delayed by consortium members having control over CLS;

(c) transparent and non-discriminatory access at cable landing stations;

(d) well defined responsibilities in terms of functioning;

(e) transparent charges for access, Co-location and landing facilities;

(f) time limit for provision of access, Co-location and landing facilities.

Full text of the "International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations, 2007 (5 of 2007)" is available on TRAI’s website: www.trai.gov.in

Source: TRAI, India

The Conseil de la concurrence orders France Télécom to end its eviction practices on the market of engineering, consultancy and checking of private telephone installations

Following a referral of November 2006 by the company Solutel, the Conseil de la concurrence has handed down a decision, which sets out the interim measures applicable to France Télécom.

Offering services of engineering, consultancy and checking of telephone installations implemented by property developers in the regions of Brittany and Pays-de-la-Loire since 2004, Solutel accused France Télécom of implementing against the company, disparagement practices, having created a price barrier aimed at preventing the expansion of the company on this market and for exerting pressure and retaliation measures against its customers. Solutel also requested interim measures.

The sectors of engineering, consultancy and checking of private telephone installations

The code for town planning holds that promoters or property developers are bound to create, at their expense, under the control of the authority which issues planning permissions, the necessary infrastructures allowing the connection of their building or estate to gas, electricity and telecommunications network and to ensure the “connection of pieces of equipment, adequate for the operation on the existing public equipment attached to the land” according to the respect of current standards. Solutel offers its services on the market of engineering, consultancy and technical checking of private telephone installations for private individuals, where it constitutes France Télécom's only competitor to date.

The denounced practices

Elements of the file show that the services of France Télécom's regional unit of Brittany exerted pressure
directly on Solutel's customers in order to convince them to resort to the services of this unit.
They also show that Solutel was subjected to repeated disparagement practices by the regional unit's services, which challenged, in front of its customers, Solutel's capacity to provide reliable services. The regional unit of Brittany applied to Solutel a high level of prices for determining “connection points” (location where the telephone installation built by the promoter of the estate or the building is connected to the public network), while the unit did not charge its own customers for it and the price was not applied to the rest of the national territory.

In certain cases, France Télécom required Solutel's customers the payment of services that Solutel had already provided, forcing Solutel to pay France Télécom's estimate. Otherwise France Télécom would refuse the telephone connection.

Moreover, significant delays were observed in the final connection to the telephone network of residents of estates or buildings, where Solutel had intervened.

These practices aimed at evicting or deterring any competitor from entering the market, justify the interim measures

The Conseil considered that the practices were likely to constitute an abuse of the monopoly position held by France Télécom, as an operator responsible for universal service, on the market for connection. The Conseil also considered that the price charged for determining the location of the “connection point” was applied in a discriminatory way.

According to the Conseil de la concurrence, the practices may deter promoters, property developers or surveyor agencies from resorting to Solutel. The Conseil noted that some of them had already informed Solutel of their intention to stop their collaboration should the encountered problems persist.
Noticing that there is a serious risk that Solutel disappears, as it is currently the only competitor of France Télécom and represents a new entrant on the market concerned, and furthermore that the practices hinder the development of all competition, to the detriment of the consumer, the Conseil ordered France Télécom to:

· stop any disparagement practice towards the company Solutel
· suspend, on a interim basis, the application of the price for providing the location of the connection point.
· respond to communication requests concerning the connection point and to connect subscribers as rapidly as possible
· stop any practice consisting in requiring from Solutel's customers or residents of sites where Solutel intervened, the payment of services already carried out by the company.

Unofficial document, for media use only, which does not bind the Conseil de la concurrence.

Source: Conseil de la concurrence

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After long negotiations for more than six months with the three mobile operators in Egypt, and after resorting to NTRA in search for a decisive and fair solution for the problem of national roaming, the efforts were finally realized and NTRA successfully managed to devise a fair commercial agreement that works for the benefit of all the stakeholders and that is in alignment with the fair competition concept sought after by the NTRA.

The signing of the agreement and the launch of the national roaming service has been finally realized on Thursday 7/6/2007, in the NTRA premises in the Smart Village.

According to this agreement the two operating mobile operators are required to supply the national roaming service to the third operator in the areas that are not covered by its network. As well as the responsibility of the third operator to do exactly the same for the other two companies in areas which their networks are not covered.
The national roaming agreement has been already included in the three operators’ licenses, which was one of the reasons behind the increase to almost the double of the expected value of the third license.

The importance of such and agreement is basically because it manages to solve a huge dilemma, as it is increasingly hard to find a middle ground agreement that works for the benefit of both the consumer as well as service provider. Therefore this agreement serves in covering a wider geographical area covered by the networks of the companies, without interfering with the quality of service, which on another hand generates higher profits for the service providers.

Source: NTRA, Egypt

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OTTAWA-GATINEAU —  The Canadian Radio-television and Telecommunications Commission (CRTC) today announced that effective September 12, 2008, 10-digit local dialing will be required for all local calls in British Columbia.

To prevent the exhaustion of telephone numbers in the area code 250 region, 10-digit dialing will begin on June 23, 2008. The change to 10-digit dialing will be gradually introduced over the following weeks and become mandatory by September 12, 2008.

In addition, effective July 4, 2007, the use of area code 778 will be expanded to provide numbers in the region served by area code 250. This means that customers seeking new numbers in the current 250 area code regions could be given a number starting with area code 778.

These measures are being implemented in response to the Canadian Numbering Administrator’s forecast that the area code 250 region will run out of telephone numbers by January 2008.  

Source:CRTC, Canada

Ofcom has today launched an industry wide review of additional charges made by communications providers on customers.

Consumers face additional charges from their provider above those they already pay for the service – whether home phone, mobile, broadband or pay TV. These additional charges can be due to a number of factors, including:

• Not paying by direct debit;
• Late payment;
• Having service restored after it has been restricted or suspended following late payment; or
• Early termination fees (terminating a contract within the specified minimum contract period).

Following complaints from consumers, Ofcom is launching an own-initiative review of these charges. Ofcom will examine consumers’ awareness of and attitudes to these types of charges. The review will consider whether additional charges are sufficiently transparent, whether the charges or their levels are unfair and what action, if any, is necessary.

Ofcom Chief Executive, Ed Richards said: "Consumers of communications services see headline prices fall. But they must not be misled. As they make their choice of provider, they need confidence that any additional charges are fair, transparent and justified."

Source: OFCOM

ComCom calls for tenders for mobile TV

Berne, 05.06.2007 - In autumn 2007 the Federal Communications Commission (ComCom) will award a national licence for mobile TV on the basis of a criteria-based competition. The objective is to enable the licensee to provide initial services for the European Football Championship in the host cities of Basle, Berne, Zurich and Geneva. The Federal Office of Communications (OFCOM) is launching the invitation to tender for this licence today.

Tender documents can be ordered from OFCOM from today. Candidates will then have until 27 July 2007 to submit their candidature documents. OFCOM will then examine, for ComCom's attention, the candidatures which have been received. ComCom will award the licence in autumn 2007.

What is mobile TV?
The frequencies up for tender in the UHF range enable a licensee to operate a platform for mobile TV and disseminate digital broadcasts nationwide. These TV programmes are optimised for reception on special handheld terminals (e.g. mobile telephones). Depending on the chosen technology, more than 25 programmes can be broadcast via a single platform.

The standard
At present, there are a number of different technologies and standards for disseminating TV programmes for mobile reception; none of them has yet made major inroads into the market. In South Korea, TV signals for mobile terminals are disseminated using the DMB (Digital Multimedia Broadcast) standard. In the USA, two rival technologies are battling it out, on the one hand the MediaFlo proprietary system and on the other the open DVB-H standard (Digital Video Broadcast - Handheld), which has been in regular operation in Las Vegas since the end of 2006 from the operator Mobile DTV Alliance. Italy was the first European country to launch regular DVB-H operation during the 2006 football World Cup. In addition, pilot DVB-H projects have been or are being implemented in various countries, such as Finland, France, Great Britain, Spain, Austria and Switzerland. 

The invitation to tender does not include any guidelines concerning the standard to be applied. However, since the DVB-H standard allows the most efficient use of the available frequencies, ComCom is recommending the use of DVB-H.

Award by means of a criteria-based competition
The licensee will be selected by means of a competition based on criteria. The licence will therefore be awarded to the candidate submitting the best application.

Analysis of the candidatures will be based on the following criteria: on the one hand, candidates must demonstrate that they are able to comply with the licence conditions and legal requirements and that they are able to finance the planned project (qualification criteria).  
      
On the other hand, the candidatures will be compared using various weighted selection criteria. The following selection criteria will be applied in selecting the best bid: 1) coverage and rollout, 2) concept and implementation, 3) business and service plan, 4) contribution to media diversity and 5) coherence and credibility of the candidature.

The licence
The licence will be awarded for a term of 10 years and obliges the licensee to supply mobile TV to at least 30% of the Swiss population by the end of May 2008 and to at least 50% by the end of 2012. With regard to network construction, the regulations concerning area planning and protection of the environment and landscape, as well as the Decree on protection from non-ionising radiation must be complied with.

The frequency situation
At the Regional Radiocommunication Conference in June 2006 (RRC06), a new frequency plan (the Geneva 2006 Agreement), was adopted. On the basis of this frequency plan, Switzerland was allocated 14 full national coverages[1] for the dissemination of digital terrestrial broadcasts. Of these, 7 are envisaged for the dissemination of digital radio programmes and 7 for digital television programmes. If there is great interest in the frequencies which are being put out to tender now, there is the possibility at a later date of issuing a tender for another coverage for mobile TV which is not yet available. However, the use of a further coverage would have to be coordinated with Switzerland's neighbouring countries.

The legal basis
In legal terms, the award of the envisaged frequency in the UHF range is based on the regulations in the new broadcasting and telecommunications legislation, which entered into force on 1 April 2007. The new broadcasting framework is no longer founded on a uniform licence which simultaneously regulates programming aspects and technical aspects relating to dissemination. Dissemination of broadcasts is now regulated within the framework of telecommunications law and falls within ComCom's area of competency. 

On the basis of the regulations in the Law on Radio and Television (LRTV) of 24 March 2006 and the new Decree on Radio and Television (DRTV) of 9 March 2007, DETEC determines the usage modalities for specific radio frequencies for the dissemination of radio and TV programmes. After that the licensing authorities (ComCom/OFCOM) are executing an award procedure. In May 2007, DETEC decided to approve a national coverage for mobile TV and informed ComCom that it can invite tenders for the corresponding radiocommunication licence. When it did so, the Department specified that at least 70% of the transmission capacity must be used for the dissemination of radio and television programmes. In addition, it declined to make provision for programmes with conditional access.

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Brazil's telecoms regulator Anatel has granted the country's second largest mobile company TIM (NYSE: TSU) a license to supply fixed line telecoms services, TIM said in a statement.

Telecom Italia's (NYSE: TI) unit TIM Brasil already offers TIM Casa, a service with some 400,000 subscribers to make calls from a mobile phone while paying fixed line rates.

Until now, TIM has been the only major mobile operator without a sister fixed line unit. National operators Oi (NYSE: TNE) and Brasil Telecom (NYSE: BRP) have fixed line operations. Spain's Telefónica (NYSE: TEF), which owns Movistar, also has a fixed line operation Telesp in São Paulo, while Claro of América Móvil (NYSE: AMX) is linked to Telmex's (NYSE: TMX) fixed line operation Embratel.

According to Brendan Conroy, senior telecom consultant at US consultancy IDC, the TIM Casa service has been a good complement to TIM's mobile offering but it is not a good long-term plan for competing in the fixed line market because the company has to pay costly interconnection fees.

Having a license to offer fixed line telephony will help TIM Brasil get into the triple play market and offer fixed-mobile convergence services at a time when the market is heading toward number portability or having the same number for fixed and mobile services, Conroy told BNamericas.

Source:Business News Americas

 

In recent months, major French operators have announced and begun implementing plans to deploy very high-speed access networks in Paris and in certain other large cities.

These initiatives are a part of the continuing dynamic of the high-speed market and put France ahead of its European counterparts. In order to facilitate the efficiency of investments to the benefit of consumers, ARCEP wishes to contribute to the emergence of a framework which is favourable to the development of very high speed. In the next few months, it considers it necessary to go further in depth into two subjects: operator access to ducts and the sharing of the terminal part of networks.

Favouring operator deployments by sharing ducts

The total renewal of the copper local loop with fibre optic local loops requires an investment of tens of billions of euros. Civil engineering costs and the laying of ducts represent more than half of the cost of building a new fixed local loop. Under these circumstances, the possibility of using civil engineering infrastructures (ducts, rooms) is a key factor in operators’ economic equation.

A number of projects are underway in this sense:

First, the Comité des Réseaux d'Initiative Publique (CRIP), a forum for discussion and exchange between ARCEP, local governments and operators, is examining how local governments might intervene in favour of very high speed, such as laying extra ducts during roadworks and leasing them to operators.

=> Points of reference will be published before the end of the year

Next, ARCEP has initiated works to evaluate the advisability and feasibility of regulating the incumbent’s ducts. Indeed, in 1996, France Telecom received the ownership of several hundreds of thousands of kilometres of ducts installed for the telephone and cable plan networks. These infrastructures are only partly occupied and could facilitate the deployment of fibre optic networks.

Such regulation concentrated on the lowest network layers would help to stimulate operator investments by reducing regulation needs on higher layers: fibre network architecture, structure and pricing of activated offers, etc.

=> This summer, ARCEP will submit a market analysis for public consultation bearing on the competitive situation of ducts and their possible regulation

Sharing the terminal part of networks to avoid creating local monopolies

It is indispensable that the terminal part of networks be shared:

• to limit disruptions in apartment buildings and houses by avoiding having different operators lay networks
• to let inhabitants put competition into play between very high speed service providers without being held captive by the first operator to have wired their building

It appears that operators having begun deploying fibre networks in apartment buildings have already told owners and managers that their networks are "shareable".

However, to date, their access or sharing offers have neither been published nor been notified to ARCEP. Some building managers have wondered about this situation.

=> In order to provide transparent information to various players, ARCEP invites operators deploying very high speed networks to send in their technical and pricing offer for access to the terminal part of their network by the end of the month.

ARCEP will pay very special attention to the technical specifications of interfaces, provision tariffs, location of interconnection points, related connection services to interconnection points and equipment hosting.

=> A document submitted for public consultation will then explain the main conditions necessary for the terminal part of a fibre network to be effectively shared by the various very high speed operators under reasonable technical and economic conditions.

***

In order to coordinate the various works in progress, a very high speed project leader has been designed at ARCEP. This position will be held by Sébastien Soriano, head of the FTTx and unbundling unit.

Source: ARCEP

Ofcom has relaxed its regulations on 5.8GHz wireless broadband access by allowing the power output of base stations to be doubled. The change will extend the range and variety of services into parts of the UK that were previously not covered, with rural areas likely to benefit the most. Ofcom's decision follows the completion of a consultation launched in July 2006. Ofcom Chief Executive Ed Richards said: ‘This measure means communities across the country may be able to benefit from access to a new form of broadband. That is what closing the digital divide is all about.’

Source: TeleGeography

WASHINGTON (Reuters) - A U.S. appeals court on Friday upheld an order by U.S. regulators requiring Internet telephone services like Vonage Holdings Corp. to contribute part of their revenues into a federal subsidy fund.

The U.S. Court of Appeals for the District of Columbia said the Federal Communications Commission was within its authority last year when it issued an order requiring providers of voice-over-Internet protocol, or VOIP, service to pay into the Universal Service Fund.

The fund subsidizes phone service to rural and low-income areas as well as communications services and Internet access for schools, hospitals and libraries.

Vonage had appealed the decision, arguing that the FCC had exceeded its authority and made mistakes in determining how much the company should pay.

The appeals court struck down two minor parts of the order, but overall it said the FCC had statutory authority to require VOIP providers to make contributions to the fund.

Companies offering long-distance and international telephone services as well as high-speed Internet service via digital subscriber lines must currently contribute 10.9 percent of that revenue into the $7.3 billion fund.

Source: Reuters

06-1276a.pdf (56,14 KB)

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Telecom Regulatory Authority of India (the Authority) has today issued "Telecom Unsolicited Commercial Communications Regulations, 2007", for putting in place a mechanism for curbing the unwanted telemarketing calls. The Regulation has been made effective with its publication.

�� Proposal to have National Do Not Call Registry (NDNC registry) containing list of telephone numbers of the subscribers who do not want to receive Unsolicited Commercial Communications (UCC). It include SMS as well.

�� DoT authorizes National Informatics Center (NIC) for installation, operation and maintenance of NDNC registry.

�� The NDNC to be established in 3 months time by NIC.

�� After the establishment of NDNC registry, Telephone subscriber (Landline or cellular) who does not wish to receive UCC can register their telephone number with their telecom service provider for inclusion in the NDNC.

�� The telemarketer will have to verify their calling telephone numbers list with the NDNC registry before making a call.

�� Telemarketer will have to register with NDNC Registry to avail the facility of scrubbing their calling list.

�� An amount of Rs 500/- per call / message has been prescribed to discourage telemarketers who makes calls to numbers registered in Do Not Call list. TRAI issued Telecom Tariff Order (Forty-Fifth amendment) 2007 today notifying tariff of Rs. 500/- for each such Unsolicited Commercial Communication.

�� The defaulter telemarketer will face disconnection of telecom service.

Earlier the Authority had sent its recommendations to Department of Telecom (DOT) for authorizing NIC for designing and establishing the National Do Not Call Registry and formulating guidelines for Telemarketers etc. The Authority has notified the Regulation today.

In the Regulation the Unsolicited Commercial Calls has been defined as "any message, through telecommunications service, which is transmitted for the purpose of informing about, or soliciting or promoting any commercial transaction in relation to goods, investments or services which a subscriber opts not to receive, but, does not include, ----

(i) any message (other than promotional message) relating to a service or financial transaction under a specific contract between the parties to such contract; or

(ii) any messages relating to charities, national campaigns or natural calamities transmitted on the directions of the Government or agencies authorized by it for the said purpose;

(iii) messages transmitted, on the directions of the Government or any authority or agency authorized by it, in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality

Through this Regulation, the Authority has facilitated setting up of a national database, containing list of telephone numbers of all such subscribers who do not want to receive the UCC. This database will be called National Do Not Call Registry (NDNC). NIC has been contracted to design and maintain the NDNC. The telecom service providers will set up the call centers with "toll free telephone lines" to receive request from their subscribers who want to register in the NDNC. The service providers will periodically update the NDNC online and thus the NDNC will have the telephone numbers of all the subscribers from all over India who have opted not to receive any UCC. In the Regulation, maximum of 45 days have been given from the date of registration of request by a subscriber to inclusion of his telephone number in the NDNC. Telemarketers will have to register in the NDNC registry. The telemarketers would make online request by submitting the calling list to the NDNC registry and the registry will return the list of Do Not Call numbers to the requested telemarketer.

The DoT has formulated separate guidelines for "Telemarketers". All the agencies making voice calls or sending SMSs for marketing of products, including those content providers who offer various services through SMS and voice using short codes fall in the category of telemarketers and such telemarketers are required to register with DOT.In its Regulation, the Authority has mandated the Telemarketers to register themselves with the Department of Telecommunications, within three months of issue of the guidelines for Telemarketers by Department of Telecommunications. Otherwise, their telecom services may face disconnection. With a view of avoiding any disruption in the

telemarketing activity, the scheme also envisages provisional registration of the telemarketers at the level of telecom service providers.

As majority of the telemarketers are being employed by the Banking Sector, the Authority has also approached the Reserve Bank of India (RBI) and Indian Banks’ Association (IBA) to ensure that no telemarketers are engaged by the Banking Sector without valid registration certificate issued from DoT and also requested them to ensure that all the telemarketers presently engaged by the banks should register themselves with DoT as ‘Telemarketer’ within three months. The RBI has extended full support for this scheme.

To tackle the issue of violation of the Regulation by Telemarketers, the regulation has the following key provisions:

�� Originating Access Provider to whom the complaint has been forwarded will examine and warn the guilty telemarketer /customer for the first time.

�� If the UCC is repeated by the same telemarketer for the second time, his service provider shall charge a higher tariff. The Authority has provided for a special tariff on per call basis, which is Rs.500/-. The Authority through Telecom Tariff Order (Forty-Fifth amendment) 2007 today notified tariff of Rs. 500/- for such Unsolicited Commercial Communication.

�� The Telecom Service Providers have been directed to disconnect telephones connections of telemarketer if sending of such Unsolicited Commercial Communication is repeated.

The full text of `The Telecom Unsolicited Commercial Communications Regulations, 2007’ and `Telecommunication Tariff (Forty-fifth Amendment) order’ are available on TRAI’s website: www.trai.gov.in.

Source: TRAI, India

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The Brazilian government has earmarked US$30mn for the purchase of 150,000 laptops for use in educational projects, tech news service IDG Now! reported Cezar Alvarez, head of the government's digital inclusion program, as saying.

The government expects to pay no more than US$200 per computer in an international auction scheduled to take place in the second half of 2007, according to Alvarez.

The computers should be imported in 2008, according Alvarez who is also special advisor to the country's president.

The One Laptop Per Child (OLPC) association, Intel (Nasdaq: INTC) and India's Encore have expressed interest in participating in the auction, Alvarez said.

Source: Business News Americas

Pacific Century Group, an investment vehicle controlled by Richard Li, the chairman of Hong Kong’s incumbent fixed line telco PCCW, revealed last Thursday that it has joined a consortium led by US private equity group Cerberus which aims to launch a takeover bid for Canada’s largest telecoms group Bell Canada Enterprises (BCE). Pacific Century added in a statement that it offered to bring PCCW into the Cerberus group but the company declined. BCE, which provides fixed line services through Bell Canada and Bell Aliant, and nationwide mobile services as Bell Mobility, announced on 17 April that it was undergoing a strategic review which included looking at the possibility of a deal to take the firm private. It has also entered negotiations with a team formed by the Canada Pension Plan Investment Board, the Caisse de dépôt et placement du Québec and US buyout specialist Kohlberg Kravis Roberts (KKR), and another consortium including the Ontario Teachers Pension Plan and US equity firm Providence Equity Partners. Cerberus plans to launch a bid in partnership with a group of Canadian investors which is rumoured to include cableco Shaw Communications, CanWest Global Communications and the Hospitals of Ontario Pension Plan. BCE’s ownership is distributed, and its shares are listed in Canada, the USA and Europe; its largest single shareholder is the Ontario Teachers Pension Plan (5.3%).

Source: TeleGeography

Japan’s telecoms regulator, the Ministry of Internal Affairs and Communications (MIC), plans to extend rules governing the provision of internet protocol (IP) telephony services in the wake of a major 3.5-hour blackout which left thousands of fibre-optic customers without a service last month. Under current rules, VoIP service providers are only required to notify the MIC of any problems when 30,000 or more customers are unable to access their IP line for two hours or more. However, following last month’s outage in which NTT East and NTT West fibre-optic equipment froze 3.18 million customers’ circuits, the MIC now wants to extend rules to compel operators to report even minor glitches. The watchdog plans to amend the relevant ordinances this year to redress the loophole of current legislation not addressing areas such as difficulty in connecting to other phones via the internet, or delays in receiving e-mails via the web.

Source : TeleGeography

Irish 3G mobile operator 3 is resisting calls from rival cellcos that it must pay them a EUR20 fee for any customer joining 3 but retaining their old number under mobile number portability (MNP) rules. The Sunday Business Post writes that Vodafone, O2 and Meteor have agreed a so-called ‘porting fee’, but 3 is dragging its heels saying the charge is uncompetitive and penalises new entrants. Meteor is also understood to be interested in a reduction in the fee and the issue is being discussed by ComReg in a wider debate on MNP. The country’s two leading operators Vodafone and 02 are currently the biggest beneficiaries under the scheme, but a spokeswoman for 3 says it had never agreed to any porting charge and as such would not pay it.

Source: TeleGeography

4 June 2007 By Dugie Standeford for Intellectual Property Watch A ruling by the Helsinki, Finland, District Court could have far-reaching implications for the use of technical protection measures (TPMs) in Europe, according to legal experts. The 25 May decision held that the Content Scrambling System (CSS) now used in DVD movies is “ineffective” as the term is used in the 2001 European Union Copyright Directive (EUCD) and Finnish law, because it has been regularly circumvented since 1999. If upheld on appeal, the decision could jeopardise other TPMs, including digital rights management (DRM) systems, said Mikko Valimaki, attorney for one of the defendants. Article 6 of the EUCD - and Finnish law implementing the directive - requires EU member states to provide adequate legal protection against the circumvention of any “effective technological measures.” Section 3 states in part: “Technological measures shall be deemed ‘effective’ where the use of a protected work or other subject-matter is controlled by the rightsholders through application of an access control or protection process… which achieves the protection objective.” After Finland adopted the directive into national law in 2005, a group of Finnish computer hobbyists and activists created a website where they posted information on circumventing CSS, Valimaki said. They then told police they had potentially violated copyright law. Most believed they would not be prosecuted, but, to their surprise, discovered otherwise, he said. A unanimous court ruled that CSS no longer achieves its protection objective because, since its first circumvention by a Norwegian hacker in 1999, end-users have had access to many kinds of decoding software on the Internet, some of it free, Valimaki said. Finding that CSS protection can no longer be held effective as defined by law, the court dropped all charges, he said. The decision has relevance throughout the EU because the term “effective” comes directly from the EUCD, said Valimaki, who stressed that it is only binding on the Helsinki District Court. “The provision is intended to harmonise the legal protection of technological measures and gives little room for national modifications,” said Viveca Still, a University of Helsinki law professor working on a Ph.D thesis on the legal implications of DRM. The EUCD makes clear (and Valimaki argued) that the word ‘effective’ must be defined by some sort of empirical test, such as whether a TPM can be broken by technology experts or by random end-users. The court chose the second, “weaker,” option, so the decision could have been even more devastating for DRM users (if experts’ ability to break it had been the measure of ineffectiveness), he said. But Still said the argument that circumvention of a technological measure means it is not effective, at least not if it has been previously decoded, “has been rejected by legal doctrine, as it would make the legal protection of technological measures meaningless.” There are provisions in the EUCD and Finnish copyright law which “would make it possible to consider it lawful to provide a circumvention measure in this case,” Still said, but they relate to interoperability, an issue the court left unaddressed. Valimaki’s arguments are “strong enough for DRM users to start thinking,” he said. The decision may be a problem for the DVD Copy Control Association (DVD CCA), the California group that licenses CSS to DVD player manufacturers in Europe and Asia, because European device makers could refuse licences, he said. And because the decision appears to be technology-neutral, it could apply to other technologies as well, he added. “Clearly, we’re aware of the court’s action, but we do know that in the US, courts have ruled CSS to be effective, viable protection,” a DVD CCA spokesman said. The prosecutor announced she will appeal the decision and may ask the Finnish Copyright Council for an opinion on the interpretation of “effective,” Valimaki said. The opinion is not likely to withstand an appeal based on the arguments offered in the trial court, Still said. The Helsinki Court of Appeal is not expected to rule until 2008. Anti-Piracy Monitoring Upheld Separately, France’s top administrative body, the Conseil d’Etat, overruled an order by the country’s privacy watchdog prohibiting the monitoring of the Internet for massive peer-to-peer (P2P) copyright piracy. The 23 May ruling could pave the way for more online monitoring proposals, said Meryem Marzouki of digital rights group Imaginons un Reseau Internet Solidaire. Major music rights bodies seeking to monitor for significant music file uploads challenged the order by the Commission Nationale de l’Informatique et des Libertés (CNIL). The conseil agreed with two of the groups’ three arguments, but backed CNIL’s ruling that rightsholders cannot send users warning e-mails because translating their Internet Protocol addresses into e-mail accounts can only be done under a court order or police mandate, Paris attorney Winston Maxwell said. Dugie Standeford may be reached at info@ip-watch.ch. Source: IPW

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The Telecommunications Authority (TA) today (4 June 2007) announced the adoption of the National Standard as the technical standard for the digital terrestrial television (DTT) service in Hong Kong.

"The Government has adopted a market-led approach which allows the free-to-air television broadcasters, namely Asia Television Limited (ATV) and Television Broadcasts Limited (TVB), to propose the DTT technical standard of their choice for assessment by the TA. The two broadcasters unanimously indicated their preference for the National Standard. After considering their proposals and having regard to the satisfactory outcome of the laboratory tests and field trials with the proposed standard, the TA has decided to adopt the National Standard as the transmission standard for DTT in Hong Kong," a spokesperson of the Office of the Telecommunications Authority (OFTA) said.

Following the adoption of DTT transmission standard, the TA will publish the technical specification for DTT receivers within this month so that manufacturers will be able to produce and supply the appropriate DTT set-top boxes and integrated TV sets (DTT receivers) for the Hong Kong market.

"The receiver specification, which will consist of a basic-tier and a higher-tier, is to cater for the different business plans of the two broadcasters and the versatile needs of consumers," said the spokesperson.

The basic-tier receivers will allow consumers to receive the four existing local free-to-air television programme channels transmitted in digital format. The higher-tier receivers will allow consumers to enjoy all DTT programmes, including new programmmes and high-definition television (HDTV) programmes.

According to the stipulation of the Government, two broadcasters shall simulcast both digital and analogue terrestrial television before the end of 2007.

"By that time, members of the public can still enjoy the analogue television programmes and satellite television programmes without the need of any additional equipment. If members of the public would like to receive the new DTT programmes, they will need to procure DTT receivers in compliance with the specification set out for the Hong Kong market. As to management offices / incorporated owners of multi-storey buildings, they will need to upgrade their communal aerial broadcast distribution systems so that the DTT service is receivable by individual residents of the buildings. OFTA will, via a variety of channels, remind the building management offices / incorporated owners to upgrade their aerial systems before the launch of DTT service," said OFTA's spokesperson.

"No DTT receivers are available in the market yet. Consumers who wish to receive the DTT programmes need not rush to buy receivers now. We expect that such receivers will gradually be available in the market for consumers' choice in the coming three to six months. DTT will be launched in phases and when DTT is first launched by end 2007, only 50% of Hong Kong will be covered by digital signals. Hence, consumers shall also check whether their residences are covered by DTT service and their aerial systems are able to receive such service before making the purchase decision," said OFTA's spokesperson.

"Existing television sets and displays currently on sale in the market can work with the future DTT set-top boxes. Those television sets which are high-definition ready (HD-ready) with a set-top box connected in future can enjoy HDTV services when DTT is launched. On the other hand, integrated TV sets (with built-in digital decoders) will be available at a later stage," the OFTA's spokesperson explained.

The Government and the broadcasters will mount publicity in relation to DTT and consumer tips for the purchase of DTT receivers nearer the time of the launch of DTT service. For further enquiries, members of the public may surf the Government's website for DTT (http://www.digitaltv.gov.hk) or call OFTA's hotline (2961 6333).

Source: OFTA, Hong Kong

Federal Network Agency opens European consolidation for local loop order

Kurth: "Planning reliability through equal opportunity promotes investment – competitors to be able to build their own VDSL capable access networks"

The Federal Network Agency has now submitted to the European Commission and the national regulatory authorities of the other EU Member States its proposals for a determination on market definition and market analysis and a regulatory order on Deutsche Telekom AG (DTAG) in respect of access to the local loop, for their comments. The background is the legal requirement for the Agency to review the market and the obligations imposed on an undertaking with significant market power every two years.

The draft market definition and market analysis reflect the determinations the Agency has issued to date, and conclude that DTAG continues to have SMP in respect of the local loop.

The regulatory order, based on the SMP finding, provides for the existing obligations on access to the local loop to be maintained. Additionally, DTAG will be required to grant competitors access to its ducts between the street cabinets and the main distribution frames. Only in the case in which access to ducts is not possible, regarded as the exception, does the order allow access to DTAG's dark fibre.

"The additional obligations we plan are designed to give competitors the chance to connect their own fibre-based infrastructures to DTAG's loops. It means that competitors can start out on a level with DTAG, who has built, or is planning to build, fibre infrastructures for VDSL. Competitors will be able to invest and to build their own access networks for broadband", Agency President, Matthias Kurth, declared, presenting the proposals. "We hope that this decision will end a phase of uncertainty and give a clear signal for more investment in broadband. DTAG's welcome investment in VDSL can then be followed by decisions by the competitors that have been taken on the basis of the same opportunities and comparable costs. A reliable basis for planning, called for time and again, will thus be secured. The obligations we plan to impose on DTAG are proportionate, appropriate and necessary. Only by shared use of ducts which, after all, were not installed from scratch but which largely existed before VDSL rollout began, can realistic rollout planning be accomplished in timely manner. I appeal to those concerned to see that this determination also provides a basis for rapid, consensual, technical decisions of the details between competitors seeking to invest and DTAG. We will only achieve an optimum solution for the customer by pulling in the same, not different directions, when investing in broadband rollout, and maintain the dynamic of competition at the same time. Infrastructure competition, which has now notched up 5 million rented loops, is a German success story that we want to adapt to the latest technological developments with the decision submitted to Brussels", Kurth continued.

A national public consultation on these decisions was held this April. The European Commission and the national regulatory authorities of the other Member States can now make representations on the proposals within a one-month period. The Federal Network Agency will then take a final decision at the end of June, taking the utmost account of the comments.

The drafts can be viewed on the Agency's website under Einheitliche Informationsstelle/ Int. Konsolidierungsverfahren (Single Information Point/ International consolidation procedure).

Source : Federal Network Agency

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At a meeting, held on 23.05.2007, the Communications Regulation Commission (CRC) decided to announce an intention for the issuance of an individual license for carrying out telecommunications through the public telecommunications mobile network with national coverage under TETRA standard.
CRC took the decision N 863 on the grounds of article 61, paragraphs 1 and 3 and in connection with article 55, paragraph 1 of the Telecommunications Act. CRC announced its intention for issuing an individual license with national coverage for carrying out telecommunications through the public telecommunications mobile network under TETRA standard at its initiative and taking into account the available free scarce radiofrequency spectrum resource 2 x 1.5 MHz in the frequency bands 412.5 – 414 MHz and 422.5 – 424 MHz.
The European standard for mobile radio-network TETRA (Trans European Trunked Radio) is directed mainly towards satisfying the needs of professional business customers by providing access to a wide scope of voice and data transmission services.
The entities, wishing to be licensed for carrying out telecommunications through the public telecommunications mobile network under TETRA standard with national coverage should apply personally or through a representative, authorized explicitly by a notarized power of attorney, each working day from 9.00 till 17.30 h in the general administrative office of CRC or by post – registered letter to address: Sofia 1000, 6 “Gurko” Str. up to 02.07.2007.

Source: CRC, Bulgaria

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ARCEP continues to ease regulation on fixed telephony retail markets by raising France Telecom’s obligations on residential markets. In this way, the end consumer will benefit from a market richer in innovative offers while still enjoying protection from regulation of France Telecom’s base prices under universal service.

ARCEP plans to ease regulation on fixed telephony business markets only once the quality of service offered by France Telecom to alternative operators is considered satisfactory.

The deregulation of retail fixed telephony residential markets eases constraints on France Telecom and benefits the end consumer by encouraging innovation

During its market analyses, ARCEP prefers to impose on operators obligations on wholesale markets (also called "intermediate markets") to prevent competition problems identified on retail markets. Nevertheless, in 2005, given the difficulty in foreseeing the effect of obligations imposed on these wholesale markets on the functioning of competition, ARCEP considered it necessary to complete this measure with obligations applied to France Telecom directly on fixed telephony retail markets.

After easing regulation of retail residential markets in 2006, ARCEP is now continuing this by raising most of the remaining obligations on these markets.

This is made possible through the implementation of the wholesale subscription sale offer which had been imposed on France Telecom, with initial sales in 2006.

This dynamic regulation of the fixed telephony market (cf. appendix 1) let the consumer enjoy innovative offers, such as unlimited call offers as early as 2004, and, in recent months, the first offers combining subscriptions and calls for a flat rate offered by all operators.

Telephone call base rates remain regulated to protect the end consumer

While easing its regulatory action on fixed telephony retail markets, ARCEP continues to protect the consumer, in particular through universal service.

France Telecom’s services covered by universal service (subscription, "base" tariff national and international calls) remain subject to the regulator’s control, which ensures that they are affordable. To this end, ARCEP established a multi-year pricing framework for national calls in 2005 which covers national calls under the universal service offer and ensures that these prices are reduced by 3% over the period 2005-2008 (cf. appendix 2). Remaining universal service prices, i.e. primarily those for international calls as well as telephone subscription fees, are subject to prior individual checks which ensure directly that they are affordable.

It is also important to note that other deregulated France Telecom retail prices may be appealed to the competition authority, Conseil de competition, under the normal framework of competition law.

The easing of regulation on business fixed telephony markets will be considered only once the quality of service of France Telecom’s wholesale offers improves

The alleviation measure currently proposed by ARCEP does not involve raising the obligations currently in force on business fixed telephony markets which do not yet present satisfactory and complete characteristics for regulation to be removed.

Indeed, on business markets where the concept of quality of service (guaranteed effective recovery times, or guaranteed service availability) is structuring, the quality offered by France Telecom to alternative operators buying its wholesale offers could still be improved.

So, ARCEP believes that before taking on any new phase of alleviating retail obligations imposed on France Telecom on business markets, it should first check that France Telecom has established optimal and complete conditions, in terms of quality of service, allowing alternative operators to reproduce its offers.

So, ARCEP is conducting works with all sector players which will allow it to identify reliable indicators on all of France Telecom's wholesale offers underpinning the retail offers (wholesale access to telephone service, unbundling, regional ADSL collection offer, capacity services, etc) and to conduct a precise review.

Source: ARCEP, France

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OTTAWA-GATINEAU — The Canadian Radio-television and Telecommunications Commission (CRTC) today denied requests by Bell Canada, Bell Aliant and TELUS to make changes to the local telephone rates for residential customers. The companies had proposed to eliminate the connection charges for new customers and existing customers who move in exchange for approval to increase rates for all residential customers.

“We did not feel it was appropriate to approve a rate increase for all residential customers to compensate for the elimination of connection charges. The government’s recent direction on forbearance removed the CRTC’s restrictions over promotions and winbacks,” said Richard French, the CRTC’s Vice-Chairman of Telecommunications. “Telephone companies are free to apply at any time to reduce or eliminate their connection charges, and the Commission will deal with their requests expeditiously.”

In their submissions, Bell Canada and Bell Aliant proposed to increase the monthly rates for each residential customer by $0.80, while TELUS proposed increases ranging from $0.58 to $1.

Source: CRTC, Canada

The Canadian Radio-television and Telecommunications Commission (CRTC) today denied requests by Bell Canada, Bell Aliant and TELUS to make changes to the local telephone rates for residential customers. The companies had proposed to eliminate the connection charges for new customers and existing customers who move in exchange for approval to increase rates for all residential customers.

“We did not feel it was appropriate to approve a rate increase for all residential customers to compensate for the elimination of connection charges. The government’s recent direction on forbearance removed the CRTC’s restrictions over promotions and winbacks,” said Richard French, the CRTC’s Vice-Chairman of Telecommunications. “Telephone companies are free to apply at any time to reduce or eliminate their connection charges, and the Commission will deal with their requests expeditiously.”

In their submissions, Bell Canada and Bell Aliant proposed to increase the monthly rates for each residential customer by $0.80, while TELUS proposed increases ranging from $0.58 to $1.

Source: CRTC

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Today, June 1, 2007, the National Regulatory Authority for Communications and Information Technology (ANRCTI) has launched the sixth public tender for the installation of telecentres in 131 new rural localities in 29 counties of Romania. Any person that is both a provider of public electronic communications networks and a provider of publicly available electronic communications services may participate in the tender.

“Telecentres cover elementary communications needs and ensure to rural communities equal chances for development. The national programme for installation of telecentres shall continue until it will enable the inhabitants of all eligible localities to use the multiple services which are made available for them. In the isolated regions from geographic, but mainly from access to communications means viewpoint, it is very important to ensure people’s access to knowledge, information, as well as to help them enlarge their horizon. The tender launched today is addressed to 62,000 inhabitants in 131 new rural localities”, the President of ANRCTI, Dan Georgescu, declared.

The 131 villages were selected from the localities identified as having low access to telephone services. Furthermore, the mayoralties of these localities expressed their availability to participate in the telecentre programme initiated by ANRCTI and committed themselves to fully cover the telecentre management costs.

The list of the localities envisaged by today’s tender for the installation of telecentres is available here, on the ANRCTI website.

The telecentre is a public space equipped with at least two telephones, two computers, a fax and a UPS device. Thus, the inhabitants will be able to make and receive local, national and international calls, including towards the mobile telephony networks. Furthermore, they will be able to call the emergency number - 112 - and have access to Internet and fax.

The documents required for drawing up and submitting the offer in order to participate in the tender for the installation of telecentres may be purchased from the ANRCTI headquarters between June 1, 2007 and July 13, 2007. The parties willing to purchase the documents must send a written request therefor, one day in advance, to the following fax number: +40 21 3075 408. Further requests for details may be transmitted by July 16, 2007. The deadline for submitting the offers is July 30, 2007, 17:00 hours. The offers will be opened on July 31, 2007 at 10:00 hours and the winning offer will be designated by the tender commission within 30 days from the opening date.

Source: ANRC, Romania

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The Office of the Telecommunications Authority ("OFTA") issued the following statement today (1 June 2007) in response to the judgement handed down by the court in connection with the judicial review applied by PCCW-HKT Telephone Limited ("PCCW") on the Telecommunications Authority's ("TA") direction dated 7 November 2006 (the "Direction"). The purpose of the Direction was to direct PCCW and Wharf T&T Limited ("WT&T") to effect interconnection so as to pass the Voice over Internet Protocol ("VoIP") traffic of a Service-Based Operator ("SBO") licensee connected to WT&T's network.

"We welcome the judgement handed down by the court today, which affirms the Telecommunications Authority's power to issue direction under section 36B of the Telecommunications Ordinance ("TO") to secure interconnection. With the legal effect of the direction clearly affirmed by the court, the obligations of licensees to observe and comply with the relevant licence conditions on interconnection and "any-to-any" connectivity are further entrenched. OFTA firmly believes that timely interconnection is crucial to new entrants to the market and the "any-to-any" connectivity requirement ensures customers on one network will be able to call the customers of another network without impediment."

Source: OFTA, Hong Kong

Canada’s New Government is amending the Criminal Code in order to deter the unauthorized recording of movies – camcording–in movie theatres in Canada. “Canada’s New Government is taking action to curb film piracy by bringing forward amendments to the Criminal Code of Canada. Piracy and mass copying of films has had a significant and direct impact on the entire film industry, including producers, directors, actors and creators,” said the Honourable Beverley J. Oda, Minister of Canadian Heritage and Status of Women. “The Government is acting to increase protection for their works.” “The amendments to the Criminal Code will make it possible to more effectively combat illegal copying of films,” said the Honourable Robert Douglas Nicholson, Minister of Justice and Attorney General of Canada. “Canada is thus taking its place among the countries that have adopted legislation on this activity, making it a criminal offence.” “The existing situation is untenable for the film industry,” said the Honourable Maxime Bernier, Minister of Industry. “The Government is taking note and correcting the situation. Canada is therefore ensuring that our laws protect the legitimate film industry and continue to be relevant in a fast-changing technological environment. In these circumstances, Canada’s New Government is taking the measures needed to facilitate film distribution and to support the development of this industry in Canada.” Canada’s New Government has introduced today an Act to amend the Criminal Code (unauthorized recording of a motion picture) to directly confront the problem of film piracy. It will amend the Criminal Code to create two offences: the recording of a movie in a movie theatre without the consent of the theatre manager; and the recording of a movie in a movie theatre without the consent of the theatre manager for the purpose of selling, renting, or other commercial distribution of a copy of the recorded movie. It will also provide the court with the authority to order the forfeiture of anything used in the commission of these offences. An online version of the legislation will soon be available at www.parl.gc.ca. Source: Government of Canada

Viviane Reding, Member of the European Commission responsible for Information
Society and Media, has deleivred a speech titled "Why Greece needs broadband and why
it needs it now – a European perspective" at the International Conference "Exploring the Global Dynamics of
Broadband Internet", Athens, on June 1st.  The last part stated that for the future regulatory framework of Europe's telecom markets: More
Europe is needed.

SPEECH-07-355_EN.pdf (87,79 KB)

On May 22, 2007 Ministry of Communications and Informatization launched a tender for universal services. The tender is for fixed telephony services in rural areas - telephones and paystations; public Internet access points. A deadline for bids has been set for 25 June 2007. Belarusian State Universal Services (fixed telephony and PIAPs) Fund was created in 2007 according to the Presidential Decree N96 (February 20, 2007). All Belarusian telecommunications companies are to pay 1,5 % of their net profit to the Fund. It is planned that BLR 29,285 billion (13,5MUSD) will be paid in the Fund during 2007.

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The Australian Communications and Media Authority has varied the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 to allow research calls to be made on Sundays.

Under the revised industry standard, which commences on 31 May with the Do Not Call Register Scheme, a research caller must not make or attempt to make a research call on a Sunday before 9.00 am or after 5.00 pm.

Telemarketing calls are still prohibited on Sundays under the standard.

‘ACMA has decided to vary the industry standard because the Authority reached the conclusion that prohibiting research calls on a Sunday could potentially reduce the benefits to the community from well-structured research,’ said Chris Chapman, ACMA Chairman.

‘This view is based on strong evidence provided to ACMA that the prohibition could undermine the value of longitudinal data sets where data had previously been collected on Sundays, as well as increase the potential for bias because samples were not representative.’

Before varying the standard, ACMA called for views on the issue of research calls on a Sunday through the release of a discussion paper on 20 April 2007. The submissions received provided extensive new quantitative and qualitative information which emphasised the importance of Sunday calling to quality research.

‘ACMA understands that the community generally considers unsolicited telephone calls to be inconvenient and intrusive,’ said Mr Chapman. ‘However, the community also appreciates the importance of quality research in delivering social and economic benefits.

‘After considering the views put to us, we have concluded that calls should be allowed on Sundays but with tighter calling hours than those that exist under current self-regulatory arrangements. This will allow valuable research to continue.’

ACMA will be closely monitoring compliance with the new Sunday calling times and consumer response to the standard.

‘This work will be used as part of ACMA’s comprehensive review of the calling hours under the standard in the next 12 months,’ Mr Chapman added. ‘The review can be brought forward at any time should significant concerns be brought to our attention.’

Breaches of the standard may incur either a formal warning or financial penalty, determined by the Federal Court. Penalties are up to $250,000 per contravention for bodies corporate and $50,000 for individuals.

ACMA also expects that the telemarketing and research industries will move quickly to develop codes of practice to address consumer concerns about industry activities which are not addressed by the ACMA standard.

Source: ACMA, Australia

As part of its mission to enhance consumers’ awareness regarding all issues related to telecommunication affairs, the NTRA launched an awareness campaign on ADSL line-sharing legality, the campaign focused on the following:

• Permission to share ADSL service through one line is deemed as a re-provision of the service. It is deemed illegal according to Telecom Law # 10 of 2003, which prohibits re-provision of telecommunication services for others than those licensed by the NTRA.

• ADSL line sharing implies utilization of the telephone line by a unit other than the leased one. That is deemed prejudice to the contract made between line holder and Telecom Egypt providing that utilization of line is allowed only for the leased unit. Telecom Egypt is hence entitled to nullify the contract.

• ADSL line sharing negatively impacts the quality of the provided service.


• ADSL line sharing makes line owner vulnerable for being legally liable in case that any participant commits a cyber crime or offence. Investigations will surely lead to the line owner with no liability on the part of any of the participants.

• ADSL line sharing makes line owner liable for paying the bills of any of the Internet services in case any of the participants makes use of like: Video on Demand or VoIP.

This campaign comes within context of the restructuring process of the ADSL initiative launched by Ministry of Communication and Information Technology with the purpose of:

• Spreading the usage of the ADSL service

• Putting an end to all forms of illegal utilization of services like line sharing

The aforementioned goes in line with the NTRA scope of work regarding the determination of consumer protection regulations, in a way that protects privacy, guarantees affordability and quality of services provided.




Source : Egypt NTRA

The third mobile operator launched its 3G mobile services for the first time in Egypt on the 1st of May 2007 by using code (011).

The National Telecommunications Regulatory Authority (NTRA) permitted the third operator to launch its services in Egypt upon completion of the first phase of coverage as set forth in the license. The first phase of the coverage plan includes Greater Cairo, Alexandria, Aswan, Sharm El Sheikh, Hurghada, Luxor, in addition to other governorates.

Dr. Amr Badawi, NTRA Executive President, clarified that the NTRA is also following up the completion of interconnection agreements between the new operator and Telecom Egypt as well as the other two mobile networks   He made it clear that the third mobile operator will continue and complete its coverage of other governorates within the framework of the second and third phases of the coverage plan.
Dr. Badawi also stated that number portability will be available few weeks after launching the service. The number portability service means that a subscriber can shift from one mobile operator to another while keeping the same number.
Etisalat won Egypt’s third mobile network license for both 2G and 3G technologies in May 2006 in return for 16.7 billion Egyptian pounds. The consortium of Etisalat Egypt comprises Emirates Telecommunications Corporation (ETC) Etisalat, the National Postal Authority of Egypt, the National Bank of Egypt, and the Commercial International Bank.



Source : NTRA

Bill Establishes Research Program within NSF, Accelerates Spectrum Pilot Program

WASHINGTON, D.C. – In an effort to restore America’s competitive edge in communications research and development, Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) and Vice Chairman Ted Stevens (R-Alaska) today introduced the  Advanced Information and Communications Technology Research Act, S. 1493. The Act establishes a communications research and development program within the National Science Foundation (NSF) and requires the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to accelerate a spectrum pilot program.               “Historically, Bell Labs led the way in communications research and development, but with greater competition and fewer dollars for research, the pace of innovation in the United States is no longer as swift or as certain,” said Chairman Inouye. “Rededicating our efforts to the pursuit of innovation through basic, fundamental research can begin to restore our nation’s historic leadership in this critical industry.”               “The United States has been a world leader both economically and technologically thanks to bold inventions and innovations,” said Vice Chairman Stevens. “This bill would help guarantee this tradition continues. Congress can do its part by supporting vital research and development programs which keep America on the cutting edge.”             The new NSF program focuses on the research and development of affordable advanced communications services. The Act authorizes $40 million for the program in Fiscal Year (FY) 2008, increasing in $5 million increments to reach $60 million by FY 2012. It also creates a Federal Advanced Information and Communications Technology Board within the NSF to advise the new program on research topics.             Additionally, the Advanced Information and Communications Technology Research Act requires the NTIA and the FCC to initiate a spectrum pilot program. The program, to be initiated within 1 year of enactment, makes a portion of the spectrum available for shared use between Federal and non-Federal government users.

CommunicationsRD0.pdf (42,37 KB)

Source : US Senate

WASHINGTON, D.C. – Senator Ted Stevens (R-Alaska), Vice Chairman of the Senate Commerce, Science, and Transportation Committee, today called for the Internet Tax Moratorium to be extended during the Commerce Committee hearing entitled “Communications, Taxation and Federalism.”  The Internet Tax Freedom Act was first passed by Congress in 1998.  The law prevents states and localities from taxing Internet access.  Without Congressional action, the moratorium on state and local taxes will expire on November 1, 2007, at which time states and localities would be able to start taxing consumer’s access to the Internet   Below are Senator Stevens’ comments:   “Thanks to the Internet, more goods and services are sold in Alaska every day, and Alaskans are able to market their goods to customers in the lower 48.  This is beneficial for small businesses.  Access to the Internet has provided Alaskans with a means to get lower rates for hotel and air travel when they are planning trips outside the state.  Additionally, broadband access has eliminated distance barriers for education and medicine.   “To ensure those benefits continue to reach as many Americans as possible, Congress should reduce any obstacles to Internet access.  One way to do that is to prevent federal, state and local taxes that drive up costs for Internet access.  During the period of the imposition of the moratorium in 1998 and now, there has been tremendous investment, growth and innovation in broadband deployment and I hope this continues.   “I am pleased to see that this issue has bipartisan support in both the House and the Senate.  I look forward to the testimony today and working with my colleagues to extend the moratorium which expires in November of this year.”  Source: US Senate

WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii), with the cosponsorship of Senators John Kerry (D-Mass.), Byron Dorgan (D-N.D.), Maria Cantwell (D-Wash.), Mark Pryor (D-Ark.), and Amy Klobuchar (D-Minn.), introduced today the Broadband Data Improvement Act, S. 1492, which seeks to improve the quality of federal broadband data collection and encourages state initiatives that promote broadband deployment.   “The first step in an improved broadband policy is ensuring that we have better data on which to build our efforts,” said Chairman Inouye. “In a digital age, the world will not wait for us.  It is imperative that we get our broadband house in order and our communications policy right.  But we cannot manage what we do not measure.”      The Broadband Data Improvement Act specifically would:   Direct the Federal Communications Commission (FCC) to reevaluate its current 200 kilobit broadband standard. It also would require the FCC to create a new metric known as “second generation broadband” to be used to reflect network connections capable of reliably transmitting high-definition video content.   Direct broadband providers to report broadband availability and second generation broadband connections within 9-digit zip code areas.    Direct the FCC to conduct inquiries into the deployment of advanced telecommunications services on an annual, rather than periodic, basis.    Direct the Census Bureau to include a question in its American Community Survey that assesses levels of residential computer use and dial-up versus broadband Internet subscribership.   Direct the Government Accountability Office (GAO) to develop broadband metrics that may be used to provide consumers with broadband connection cost and capability information and improve the process of comparing the deployment and penetration of broadband in the United States with other countries.    Direct the Small Business Administration’s Office of Advocacy to conduct a study evaluating the impact of broadband speed and price on small businesses.   ·        Authorize a 5-year, $40 million per year program that would provide matching grants to State non-profit, public-private partnerships in support of efforts to more accurately identify barriers to broadband adoption throughout the State.    Chairman Inouye’s full statement follows. The bill is attached.               “Broadband communications are quickly becoming the great economic engine of our time.  Broadband deployment drives opportunities for business, education, and healthcare.  It provides widespread access to information that can change the way we communicate with one another and improve the quality of our lives.  From our smallest rural hamlets to our largest urban centers, communities across this country should have access to the opportunities ubiquitous broadband can bring.  The state of our broadband union should be broadband for all.                  But the news on this front is not all good.  Last month, the Organization for Economic Cooperation and Development reported that the United States has fallen to fifteenth in the world in broadband penetration.  In some Asian and European countries, households have high-speed connections that are twenty times faster than ours—for half the cost.  While some will debate what, in fact, these rankings measure, one thing that cannot be debated is the fact that we continue to fall precipitously down the list.  In 2000 the United States ranked fourth; last year we dropped to twelfth; and just last month we dropped to fifteenth.  The broadband bottom line is that too many of our international counterparts are passing us by.  For this we are paying a price.  Some experts estimate that universal broadband adoption would add $500 billion to the U. S. economy and create more than a million new jobs.                In a digital age, the world will not wait for us.  It is imperative that we get our broadband house in order and our communications policy right.  But we cannot manage what we do not measure.  So the first step in an improved broadband policy is ensuring that we have better data on which to build our efforts.                That is why I am here today to introduce the Broadband Data Improvement Act.  This legislation will improve the quality of federal and state data regarding the availability of broadband service.  This, in turn, can be used to craft policies that will increase the availability of affordable broadband service in all parts of the nation.  This legislation will improve broadband data collection at the Federal Communications Commission and Bureau of the Census.  It will direct the Comptroller General and the Small Business Administration to study our broadband challenge.  It will encourage state initiatives to improve broadband adoption by establishing a state broadband data and development grant program that will authorize $40 million for each of fiscal years 2008 through 2012.                With too many of our industrial counterparts ahead of us, we sorely need the kind of granular data that will inform our policies and propel us to the front of the broadband ranks.  I believe that the Broadband Data Improvement Act will give us the tools to make this happen.               I ask unanimous consent that the full text of this bill be printed in the Record.”   ###

Source: US Senate Commerce, Science, and Transportation Committee

On April 27, 2007, the Commission released a Report and Order and Further Notice of Proposed
Rulemaking which addresses rules governing wireless licenses in the 698-806 MHz Band (herein, the
“700 MHz Band”).1 This spectrum currently is occupied by television broadcasters in TV channels 52-69
and is being made available for wireless services, including public safety and commercial services, as a
result of the digital television (“DTV”) transition. On May 21, 2007, Google Inc. (“Google”) filed an ex
parte letter asking that the Commission seek immediate comment on certain proposals regarding the
service rules for the 700 MHz Band spectrum that is to be auctioned.2 By this Public Notice, the Wireless
Telecommunications Bureau seeks comment on those proposals as well as any other alternative
approaches for conditioning the licenses that will be auctioned.

DA-07-2197A1.pdf (156,68 KB)

Source: FCC