Public telecommunications operator meaning

The Investigatory Powers Act 2016 (IPA 2016) revamped the legal regime regulating covert surveillance by public authorities. IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This note outlines the offences introduced by IPA 2016. For details of general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction... Section Offence Statutory defence Maximum sentence IPA 2016, s 3 — Unlawful interception: a person, by conduct in the UK, deliberately intercepts a communication during its transmission without lawful authority. Defence: where the individual has the right to control the operation or use of the system, or had that person’s express or implied consent to carry out the interception. Maximum sentence: on summary conviction, a fine; on indictment, up to two years’ imprisonment and/or a...

Takeaways from first EU foreign subsidy M&A investigation This matter concerns the planned purchase by Emirates Telecommunications Group Company PJSC (e&) of PPF Telecom Group B.V. (PPF), excluding PPF’s Czech operation. e& is a UAE state-controlled telecommunications operator, while PPF is a European operator. Under the FSR, the Commission may scrutinise and remedy subsidies granted by non-EU states to companies active in the EU, including EU-based firms. The regime covers certain large M&A deals and public procurement, and the Commission can also open investigations into other market situations on its own initiative. The duty to notify qualifying transactions for clearance has applied since 12 October 2023. The FSR now acts as a third layer of general regulatory oversight for some EU-relevant deals, alongside merger control and foreign direct investment screening. Whether a deal must be notified depends in part on the extent of any financial contribution from a foreign government or related body—i.e., foreign financial contributions. The notions of ‘foreign financial contributions’ and ‘foreign subsidies’ are distinct; a foreign...

Foreign Subsidies Regulation Commission opens first in-depth merger inquiry under the Foreign Subsidies Regulation The Commission said it has opened a new in-depth probe under the Foreign Subsidies Regulation (FSR) into Emirates Telecommunications Group Company PJSC’s (e&) proposed deal to ultimately acquire sole control of PPF Telecom Group BV (PPF), excluding its Czech business (FS.100011). Based in the UAE, e& is a State-controlled telecoms operator. PPF, based in Czechia, runs telecommunications services across Czechia, Bulgaria, Hungary, Serbia (Yettel) and Slovakia (O2). The FSR clearly sets out rules, including notification duties (applicable since 12 October 2023), aimed at tackling distortions stemming from foreign subsidies, for certain concentrations and for participation in public procurement procedures involving foreign financial contributions...

ARCHIVED: This Practice Note has been archived and is no longer maintained. For guidance on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 sets the current legal framework for public authorities’ use of covert surveillance. Much—though not all—of this regime previously appeared in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The rules on retaining communications data are contained in IPA 2016, Pt 4. Part 4 permits telecommunications and postal operators to retain communications data so that, where authorised under IPA 2016, public authorities can access it subsequently. For more on IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data Under IPA 2016, s 87, the Secretary of State may give a retention notice requiring a telecommunications operator to keep ‘relevant communications data’, provided that at least one of...