April 2017: Highlights and Activities

International Meetings attended by MCA representatives

EMEA Child Safety Summit
The MCA, as coordinator of the BeSmartOnline! project, was invited to the 2nd annual EMEA Child Safety Summit which is co-hosted by Google and Facebook within their respective offices in Dublin. Two meeting were held, on the 27th and 28th April. BeSmartOnline! was invited together with representatives of a number of NGOs, governments and industry players from around Europe, the Middle East and Africa. These stakeholders were identified as key contributors in the collective efforts being undertaken to meet the challenges of empowering parents and children with the tools and skills they need to make the most of everything the Internet has to offer. Both Google and Facebook believe deeply in technology’s ability to unlock creativity, and struggle to ensure that parents and children have the tools and knowledge they need to make smart and responsible choices on online. Close partnerships and collaboration have been key to ensuring that these companies' products and services offer families a safe and enjoyable experience online. Those present were given an insight into important product updates, key partnerships, whilst also hearing from various experts and personal first-hand experiences related to internet safety. 

eCommerce Expert Group
The 17^th eCommerce Expert Group meeting was held on 27^th April in Brussels. The aim of the meeting was to gather knowledge and share views on how to design efficient ‘Notice-and-Action’ procedures. ‘Notice-and-Action’ procedures are measures adopted by member states that allow individuals to notify a hosting service provider about illegal content (e.g. child abuse, intellectual property infringements, etc.) on the internet.  During the meeting, some of the member states explained the procedures and legal measures employed by their respective countries. An informal discussion ensued about the different aspects and requirements that would need to be considered in order to improve the functioning of formal ‘Notice-and-Action’ procedures. The Commission is no longer looking at regulating this area, but is instead focusing on the possibility of providing guidelines and best practices on ‘Action-and-Notice’ that could be adopted by the member states, as the different approaches currently adopted are creating a fragmented environment which is not conducive to cross-border trade.

FSR Annual Conference on Big Data, Cloud Computing and Security 
On the 27^th of April 2017, the MCA attended the third meeting of the Horizon 2020 Future Internet Forum (FIF) held in the Albert Borschette Congress Centre in Brussels. The meeting focused on a specific forum topic referred to as the Next Generation Internet (NGI) initiative. NGI is a European project that seeks to develop the Internet of the future keeping in mind new trends that are appearing including Artificial Intelligence (AI) and Big Data to name but a few. During the meeting, the FIF was presented with upcoming funding opportunities regarding a number of NGI projects proposals revolving around the human side of the Internet and particularly how Europe can help shape the Internet of the future with the human element in mind. The NGI plans to work more closely with the member states to identify parties amongst start-up companies, the academia and industry in general who are interested to work on research and development projects related to NGI. These parties may propose projects related to how the Internet of the future will develop and in the event of a successful bid, they may tap into EU funding to carry out said projects. 

BEREC - WG - Net Neutrality
The MCA attended the second Net Neutrality BEREC’s Expert Working group for 2017 on the 18^th April 2017.  The main focus of the discussions was related to two documents related to the specifications of an EU wide common platform for the measurement of QoS. 

BEREC General Meetings
An MCA representative attended to a 2-day training and workshop session at Brussels, involving the 3rd out of 4 conferences being provided by BEREC and TERA Consultants. Mainly these relate to Cost Modelling Techniques, Spectrum Management, discussions about the developments of the 2009 “New Framework” for telecoms, and training on Net Neutrality. In brief discussion other topics such as USO and Postal Regulation.  

Malta - Italy - Tunisia multilateral meeting 
A delegation from the Malta Communications Authority held a meeting with representatives from the Italian Ministry of Economic Development and the Tunisian National Frequency Agency to discuss cross-border frequency coordination matters.  The discussions focused on radio spectrum used for digital terrestrial television services in the UHF band as well as wireless broadband services in the 700 MHz band.

BEREC - WG - Roaming Mobile
Many countries face difficulties to meet the increasing demand from users and local authorities for mobile connectivity available in ‘challenge areas’ (such as indoor areas). Furthermore each National Regulatory Authority (NRA) adopts different means to provide information on national mobile coverage. The aim of this expert working group is to prepare a report which will outline a number of initiatives to facilitate mobile connectivity in challenge areas. In addition, the meeting will be also developing a European common understanding on a number of aspects related to mobile coverage. This working group is also organising a workshop on spectrum needs to foster innovation.

BEREC’s Market and Economic Analysis (MEA) EWG Meeting
The meeting mainly focused on the work-stream concerning the update of the SMP Guidelines, in view of a public consultation exercise launched by the EU Commission in this respect last March. This work-stream will build on previous reports drafted by this EWG and published by BEREC on oligopolies, self-supply and the geographic segmentation of markets. The short-term deliverable of this workstream entails the drafting of BEREC’s preliminary position to the public consultation referred to above, which is to be adopted at the Plenary 2 (1st-2nd June). This meeting addressed the main issues to be highlighted in this preliminary position, namely joint dominance and tight oligopolies and the need for the European Commission to formulate, together with BEREC, a robust and exhaustive list of criteria to prove collective dominance. At a later stage, the EWG will provide BEREC with feedback to a study on the review of the SMP guidelines, which will be carried out by a contractor for the European Commission.  Finally, the EWG will prepare a BEREC opinion on the draft revised SMP guidelines to be published by the European Commission in the second half of 2017. In the latter case, an official BEREC opinion must be approved by the BEREC Board of Regulators. The MCA is currently involved as a drafter in this workstream.

BEREC - WG - NGN
The MCA has attended for the meeting organised by the BEREC working group treating the Next Generation Networks subject matters. The agenda for the meeting consisted of items related to IP interconnection with regard to net neutrality, the implementation of the COBB regulation in the individual member states as well as development in fibre access technologies. The aim of the meeting was mainly to provide up to date information as well as a networking opportunity  during which the meeting participants had to chance to share their ideas, experiences and discuss any issues that were encountered during the ongoing implementation of the mentioned projects. 

MCA Publications & Website Uploads

Legal Updates

Pending lawsuits:

• 18 April: MCA vs Sesco Investments - outstanding authorisation dues. Final oral submissions before the Court of Appeal (Inferior). Case adjourned for judgment for 6 October 2017/
• 25 April : Vodafone vs MCA pending before Administrative Review Tribunal (ART) – contestation of MCA MTR decision of 2014 before the Administrative Review Tribunal. Continuation of evidence by parties. MCA presented its final written submissions. Stands adjourned for continuation for 20 July 2017.
• 25 April: Melita vs MCA before ART – Melita’s contestation of MCA ruling following Melita’s complaint about GO’s bundling of products issued in 2010. Adjourned for the 20 July 2017 for the cross-examination of a MCA representative at the request of Melita.  
• 25 April: Vodafone vs MCA – before ART - contesting MCA’s decision entitled ‘Virtual unbundled Access to Fibre-to-the-home: implementing the VULA remedy’ – adjourned to the 20 July 2017  for continuation of evidence by Vodafone.
• 25 April: Vodafone vs MCA before ART - contesting MCA’s decision entitled ‘“Wholesale call origination on the public telephone network provided at a fixed location in Malta – MCA decision on market definition and the assessment of competition”.  Adjourned to the 20 July 2017 for further evidence by Vodafone.
• 25 April: Vodafone vs MCA – before ART contesting an MCA decision following a dispute filed by Vodafone against GO plc requesting access to GO’s ducts networks. Adjourned to 20 July 2017 for continuation of Vodafone’s evidence. 
• 25 April: Melita vs MCA - contestation of an MCA decision re directory services information. Adjourned for the 20 July 2017 for the judgement.
• 28 April: Melita Limited vs MCA - imposition of one off and daily fine on Melita for having failed to undertake an audit of it billing processes in 2010. Melita contested a decision given by the Administrative Review Tribunal [which confirmed MCA's decision] before the Court of Appeal. Case was adjourned for a judgment for 3 July 2017. 

Seminar:

24 April: Dr. Melanie Vella attended the 'Consumer & Competition Day' organised as part of the activities of Malta's EU Presidency. 

International News

REGULATION

Cullen International: European Parliament plenary approves draft Wholesale Roaming Regulation
The draft Wholesale Roaming Regulation has been approved by the European Parliament plenary during a vote on April 6, 2017 [read more – subscription required].

Total Telecom: Next 10-20 months will reshape European telecoms – ETNO
The next 10-20 months is a critical period that will reshape European telecoms regulation for the next decade, said ETNO director general Lise Fuhr. Speaking on day two Total Telecom's Gigabit Access event in Brussels, she said Europe needs to be very aware about how it updates its telco rules because it sends a critically important message to the investment community [read more].

Telecoms.com: DT flirts with net neutrality controversy
Deutsche Telekom has begun flirting with net neutrality controversy, as the telco giant unleashes a number of zero-rating offers for customers in Germany [read more].

Total Telecom: Jio withdraws Summer Surprise offer
Reliance Jio Infocomm has withdrawn its 'Summer Surprise' offer of three months of free services following an order from the Telecom Regulatory Authority of India (TRAI) [read more].

Cullen International: BEREC shares Commission serious doubt on German fixed termination rates
BEREC shares the European Commission's serious doubt in the ongoing phase II investigation into a notification of fixed termination rates (FTRs) by the German regulator, BNetzA [read more – subscription required].

Telecoms.com: Ofcom dishes out the dirt on operator customer service performance
Ofcom has unveiled a new tool which will tell you how good your provider of landline, broadband and mobile services compares to the rest on a customer service footing [read more].

Ofcom: Opening up BT’s infrastructure for new fibre broadband
Ofcom has set out detailed plans for improving access to Openreach’s infrastructure, making it cheaper and easier for competing providers to connect their own fibre broadband directly to homes and offices [read more].

SPECTRUM

Policy Tracker: Head of European Commission’s spectrum unit asks RSPG for clarity on regulatory flexibility
Vodafone and others also had a variety of questions for regulators at the Radio Spectrum Policy Group (RSPG) stakeholder meeting held in Paris [read more – subscription required].

Policy Tracker: Czech regulator launches SMRA auction for 3.6-3.8GHz spectrum
The Czech Telecommunication Office (CTU) has launched its long-awaited auction of spectrum in the 3.6-3.8GHz band. The band is one of those being considered in many countries for 5G use [read more – subscription required].

Policy Tracker: Technical solutions alone will not solve spectrum shortage, says PMSE industry association
The Association of Professional Wireless Production Technology (APWPT) has welcomed the Radio Spectrum Policy Group’s decision to look into the PMSE industry’s spectrum needs but warned that technical solutions cannot be relied upon to solve pressing spectrum needs [read more – subscription required].

Policy Tracker: Six EU countries yet to supply date for 700MHz transition
Despite a new legally-binding framework some member states were unable to tell the Radio Spectrum Policy Group when 700MHz would be made available for mobile. One of the six, Spain, is expected to complete the process by 2022 [read more – subscription required].

Policy Tracker: Italy open to changing 5G auction plan
Ardito told PolicyTracker that a recent workshop held at the Italian telecoms regulator Agcom, where officials from the Ministry of Economic Development were among those present, showed there was willingness to increase the amount of spectrum on offer in next year’s auction of C-band spectrum [read more – subscription required].

Ofcom: Ofcom consults on the use of mobile devices onboard aircraft
This consultation document concerns Ofcom’s proposal to make new regulations by statutory instrument that would enable airline passengers to use mobile devices (with 2G, 3G and 4G technologies) onboard aircraft, if certain standards and requirements are met, without the need for a wireless telegraphy licence [read more].

Policy Tracker: AT&T buys all Straight Path’s shares at 162% premium
The US telco has agreed to acquire the New York-listed mmWave spectrum bank in an all-share deal for $1.25 billion, a 162.1% premium to the company’s total market value prior to the deal [read more – subscription required].

Ars Technica: Airplane cell phone calls won’t be allowed in US any time soon 
A 2013 proposal to allow cell phone calls during airplane flights will be thrown out by the Federal Communications Commission. The FCC prohibited in-flight phone calls in 1991 because of concerns about interference with wireless networks on the ground. Advances in technology have eliminated those concerns, but tech hasn't changed the fact that in-flight phone calls could be annoying to fellow passengers [read more].

Policy Tracker: Is Italy's request for interference talks just stalling for time?
A letter seen by PolicyTracker from Italy's communications minister Antonello Giacomelli asks for a review of FM radio spectrum coordination between Italy and its neighbours. A source from the Slovenian regulator said the request is just an attempt to prolong the situation [read more – subscription required].

Policy Tracker: Spectrum for 5G, ITS and Wi-Fi likely to spark debate at WRC-19
While it's still early in the process, the EU and US are beginning to firm up their positions on the agenda items for the 2019 World Radiocommunication Conference (WRC-19). Expect "tussles" over the need for additional spectrum for 5G, Wi-Fi and intelligent transport systems (ITS) as well as an increased focus on satellite services, says industry association techUK [read more – subscription required].

Policy Tracker: US incentive auction produces big winners and big questions
As the US regulator unveils the results of the 600MHz auction, it remains to be seen what one of the big winners, Dish, will do with its large spectrum holding, and how well TV channels will fare in the repacking process [read more – subscription required].

European Council: EU coordinates key spectrum to boost connectivity in run-up to 5G
The Council today adopted a decision which will ensure the release of high-quality airwaves for wireless broadband services in all EU member states in order to boost mobile connectivity and drive the roll-out of 5G technology [read more].

Cullen International: Italian regulator seeks views on future 5G developments
AGCOM, the Italian regulator, is seeking inputs until June 26, 2017 on the development and technical requirements of 5G, the next generation of mobile technology [read more – subscription required].

Policy Tracker: 5G spectrum assignments should "motivate industry investment," not just raise revenue
Future awards for 5G spectrum should prioritise mobile operators' investment plans rather than maximise fees, according to Professors Gerard Pogorel and Erik Bohlin [read more – subscription required].

Policy Tracker: Should WRC-19 specify spectrum for connected cars?
The 2019 World Radiocommunication Conference (WRC-19) will consider possible global or regional harmonised spectrum for intelligent transport systems (ITS). But it appears there may be a split between the EU, which wants harmonised spectrum, and the US, which doesn't seem to, as well as on which technology is best. Meanwhile, the business case for connected cars remains shaky [read more – subscription required].

Policy Tracker: UK LTE PPDR project “marred from day one”
As another damning report from the influential UK Public Accounts Committee (PAC) into the progress of the project is released, we reveal some of the concerns we have heard from sources close to the project [read more – subscription required].

INTERNET

Telecoms.com: Purple Free threatens telcos’ opportunity to monetize wi-fi user data
Public wi-fi provider Purple has declared war on BT and other telcos providing wi-fi hotspots, launching its own solution for businesses and venues free-of-charge [read more].

Total Telecom: Internet giants square up to FCC over net neutrality
Lobbyists on behalf of some of the world's biggest Internet companies met with US Federal Communications Commission chairman Ajit Pai to voice their support for net neutrality [read more].

Telecoms.com: German regulator to tackle misleading broadband speeds – take note Ofcom
German regulator Bundesnetzagentur has outlined plans to hold ISPs accountable for when customers should be compensated for not receiving promised broadband speeds [read more].

Cullen International: Wifi4EU: Parliament lead committee in favour of access “free of charge and of restrictions”
Broadband access provided under the proposed WiFi4EU scheme should be free from charges and of any restrictions in terms of speed, quality and volume [read more – subscription required].

The European: Commission invites organisations to attract more girls and women into digital
Through the Digital Skills and Jobs Coalition the European Commission invites companies and organisations to organise activities to equip more women and girls with digital skills and enthuse them to pursue ICT studies and careers [read more].

INFORMATION SOCIETY

European Commission: New eGovernment factsheets just published
The 2017 edition of eGovernment factsheets has been published by the European Commission's National Interoperability Framework Observatory (NIFO) community. The factsheets summarise policies and activities related to the implementation and the delivery of digital public services in 34 countries (EU countries, FYROM, Iceland, Liechtenstein, Norway, Switzerland and Turkey) [read more].

ECOMMERCE

Cullen International: European Commission publishes report on online booking platforms
The European Commission has finally published its report on the survey it conducted on hotel booking platforms together with ten national competition authorities (NCAs) – Belgium, Czech Republic, France, Germany, Hungary, Ireland, Italy, the Netherlands, Sweden and the UK [read more – subscription required].

MERGERS & ACQUISITIONS

Total Telecom: BT seeks to offload troubled Italian business
BT plans to sell its troubled Italian business and local rivals are preparing to make offers, it has emerged. Sources cited by the Telegraph claimed that a board delegation recently visited BT Italy's new management with a view to "making sure BT Italia is packaged up as something that can be sold" [read more].

POST

MilTech: DHL Parcel introduces money-back guarantee on transit times
Effective immediately DHL Parcel is expanding service for business customers in Germany to include its new DHL Parcel Prio service. Parcel Prio promises delivery of domestic parcel shipments on the next business day after posting – now for the first time with a money-back guarantee. In the event of any transit time delays, DHL will reimburse merchant shipping costs either in part or in full [read more].

eDelivery: Milestone for cross-border parcel delivery services is achieved
After four months of discussions, country members of the European Committee for Standardization (CEN) have now approved the Technical Specification (TS 17073) for Postal services – Interfaces for cross-border parcels [read more].

CEP Research: PostNord focuses on transformation as Q1 profits and revenues fall 
PostNord is focusing on its ongoing transformation and claims its delivery quality is back at a high level after high mail volume declines again hit profits and revenues in the first quarter of this year [read more – subscription required].

INNOVATION

The Memo: A fingerprint-scanning bank card is coming to kill your PIN
Passwords are vanishing from our lives, being replaced by fingerprints, voice and facial recognition. Soon one of the most common passwords, your bank card’s PIN number, could disappear too [read more].

Advanced Television: Ofcom - Sky ruling delayed
The government has given Ofcom and the competition authorities more time to investigate and recommend on the takeover of Sky by 21st Century Fox. The Secretary of State for Culture Media and Sport, Karen Bradley, said she had extended the deadline because of the forthcoming general election [read more].