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Checklist This Checklist sets out key provisions commonly included in a mobile virtual network operator (MVNO) agreement, under which a mobile network operator, as Supplier, provides wholesale access for resale to the MVNO’s own retail customers. It focuses on provisions specific to this type of contract. See also the Precedent: MVNO agreement. Definitions Agreement – the MVNO agreement between the MVNO and the Supplier for the provision of the Services End-User – a customer of the MVNO IPR – intellectual property rights MVNO – mobile virtual network operator, the customer in the Agreement Services – the wholesale network services provided to the MVNO by the Supplier Supplier – the mobile network operator supplying network services to the MVNO The third column can be used to capture observations or comments as the Checklist is completed. General terms and conditions ☐ Consider the term. The term typically reflects the level of bespoke development and investment...
CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 15 January 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline UK merger inquiry into BT Group plc’s proposed acquisition of EE Limited. The deal features horizontal overlaps and other non-horizontal matters within the telecommunications industry. Latest developments On 15 January 2016, the CMA cleared the merger without conditions, endorsing its provisional conclusions. Parties BT Group plc (BT). BT is a UK-based business and the largest provider of fixed communications services nationwide. It also operates as a Mobile Virtual Network Operator (MVNO). BT supplies numerous fixed services to other communications providers, including mobile backhaul for mobile operators (such as EE, O2, Three and Vodafone), linking radio masts to their core networks. BT also delivers wholesale broadband to communications providers (including EE). BT’s Openreach unit, regulated by Ofcom, is the local access network (the ‘first mile’) connecting customers to...
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 resells on. In industry terms this is often called ‘piggybacking’, because MVNOs are typically smaller operators that are not licensed to use spectrum...
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 post-pay basis OR on a pre-pay and post-pay basis ] in the Territory, in accordance...