Anakiya Consulting
7 Contributions by Anakiya Consulting Experts
PRACTICE NOTES
This Practice Note outlines which communications services are frequently outsourced and why organisations choose to do so. It also considers standard outsourcing frameworks, together with core provisions, service levels, benchmarking, warranties and other matters.
‘Outsourcing’ broadly refers to appointing another party to run a business process or function. Typical candidates include human resources, payroll processing, IT, customer services, finance and accounting.
Communications outsourcing appears in many guises. Although no legally endorsed definition exists, these arrangements usually cover services linked to voice and/or data communications, such as:
full outsourcings that hand over a fully functioning private communications network
managed service outsourcings
more specific deals, for example support and maintenance of telecoms apparatus, data centre outsourcing, or procuring the supply of handsets
A regulatory environment
Electronic communications is a regulated sphere, and providers of electronic communication services (ECSs), electronic communication networks (ECNs) and related
TMT
PRACTICE NOTES
The Electronic Communications Code
Section 4 and Schedule 1 of the Digital Economy Act 2017 introduced into the Communications Act 2003 an updated Electronic Communications Code, replacing the earlier Code on 28 December 2017. For guidance on the Code’s provisions, see the following Practice Notes:
The Electronic Communications Code—code rights
The Electronic Communications Code—terminating and renewing code rights
Previous Electronic Communications Code [Archived]
This Practice Note addresses the obligations on electronic network providers designated as ‘Code operators’ by the Code to comply with conditions showing they hold sufficient funds to satisfy their liabilities. These conditions are contained in the Electronic Communications Code (Conditions and Restrictions) Regulations 2003, SI 2003/2553. The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017, SI 2017/1011—which deal with consequential amendments to secondary legislation arising from the Code—made no
TMT
PRACTICE NOTES
This Practice Note sets out guidance on the rules that govern mobile phone roaming in the EU. In particular, it examines the ‘roam like at home’ implementing regulation, under which roaming charges were abolished across the EU with effect from 15 June 2017. This Practice Note also considers the following legislation relevant to roaming:
Archived Regulation (EU) 717/2007 (Roaming I)
Archived Regulation (EU) 544/2009 (Roaming II)
Archived Regulation (EU) 531/2012 (Roaming III)
Regulation (EU) 2015/2120 (Roaming IV)
Regulation (EU) 2022/612 (Roaming V)
Roaming
Roaming refers to a mobile network subscriber’s ability to travel to another country outside the coverage of their home network and still make and receive calls, send and receive data, use the internet, and access other communication services while there. This is enabled by agreements between home communication network operators and operators in other
EU Law
PRACTICE NOTES
Spectrum, mobile network operators and mobile virtual network operators
Spectrum (ie the range of wavelengths or frequencies across which electromagnetic radiation exists and extends) is the foundation of wireless communications, eg both mobile voice and data services and wi-fi services for users. A mobile network operator (MNO) is ordinarily allocated particular spectrum bands in order to operate within the telecoms industry and thereby provide the network that allows customers to send and receive calls and texts and to access the internet. Yet spectrum is a limited resource, and questions can arise regarding its utilisation. Accordingly, spectrum licensing, assignment and management are regulated nationally and also at an EU level in practice today.
A mobile virtual network operator (MVNO) is a mobile communications service provider that contracts with an MNO so that the MNO supplies wholesale mobile electronic communications services to the MVNO, which it then
EU Law
PRACTICE NOTES
This Practice Note offers practical guidance on Ofcom’s General Conditions of Entitlement (the General Conditions), as published by Ofcom. Together, they constitute the overarching regulatory rules set by Ofcom that govern the provision and operation of electronic communications networks (ECNs) and electronic communications services (ECSs) within the UK market.
Brexit
The General Conditions stem from Ofcom rules based on principles from European directives, with those principles largely enacted in the UK through the Communications Act 2003 (CA 2003). They remain in step with the European directive governing telecoms across the EU because Directive (EU) 2018/1972—the European Electronic Communications Code—was transposed into UK law in December 2020 ahead of IP completion day (11.00 pm on 31 December 2020). The provisions implementing the European Electronic Communications Code continue to have effect and operate as assimilated law (see Practice Note: Assimilated law). Apart from limited
TMT
PRECEDENTS
This Agreement is hereby entered into on [ insert date ].
Parties
[ insert name ], a company duly incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] (Party A); and
[ insert name ], a company duly incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] (Party B).
Each of Party A and Party B is a party, and together Party A and Party B are the parties.
Background
The parties are operators of electronic communications networks in accordance with section 32 of the Communications Act 2003.
The parties intend to interconnect their networks to enable the sending and the receipt of electronic communications and to furnish each other with services. The parties have settled such
TMT
PRECEDENTS
This Agreement is entered into on [ insert date ]
Parties
[ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] (Supplier); and
[ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] (MVNO).
Each of the Supplier and the MVNO is a party and, together, the Supplier and the MVNO are the parties.
Background
The Supplier operates a mobile network within the Territory.
The MVNO functions as a mobile virtual network operator in the Territory.
The Supplier has agreed to supply wholesale mobile electronic communications services to the MVNO for onward sale [ on a pre-pay basis OR on a
TMT
If you expected to see yourself on this page, click here.
