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On 1 June 2023, the European Commission released a refreshed HCG to give clearer guidance to rivals seeking to collaborate, including areas not covered by the 2012 HCG. A new strand targets the telecommunications sector and examines network sharing agreements (NSAs). This analysis outlines the core points of the update and its implications for the telecommunications industry. Types of cooperation covered by the new guidance Cooperation between competitors is central to the telecommunications industry, as operators rely on one another to secure seamless connectivity between networks and often work together to extend coverage and raise service quality. NSAs are among the most common collaboration models in mobile telecommunications. They typically entail the joint deployment and sharing of mobile network infrastructure and, at times, frequency bands between mobile network operators (MNOs). NSAs range from simpler cooperation, such as sharing passive network infrastructure (masts, cabinets, antennas, or power supplies), to more advanced arrangements that involve sharing Radio Access Network (RAN) equipment at sites (active sharing) and spectrum pooling across the...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies An in-depth look at the EDPB Opinion on personal data processing within AI models On 17 December 2024, the European Data Protection Board (EDPB) issued Opinion 28/2024, addressing specific data protection questions arising from the processing of personal data in the sphere of artificial intelligence (AI) models. The Opinion emphasises a firm expectation that controllers rigorously evaluate and document their determination of an AI model’s anonymity, including an appraisal of the likelihood of identification, measured against the criteria set out in the Opinion. Alex Jameson of Bird & Bird examines the background to the Opinion and the headline takeaways. See News Analysis: A deep dive into the EDPB’s Opinion on...
This Practice Note explains and outlines the legal and regulatory framework that applies to mobile satellite services (MSS) in the UK at present. The principal categories of communications satellite service are as follows: the MSS the fixed satellite service the broadcast satellite service Broadly, in general, both within the UK and internationally, the regimes for these services are alike when it comes to securing spectrum access (even though they may operate in distinct spectrum bands) as well as when applying for a launch and operations licence. However, they can materially diverge regarding the need for associated terrestrial licences and in particular certain elements of the International Telecommunication Union (ITU) filing processes and relevant obligations under the ITU Radio Regulations. An MSS network may additionally need spectrum for communications between an Earth station and a satellite, and vice versa (feeder links), required for operation. This Practice Note concentrates specifically on UK law and regulation affecting MSS at UK level. For further detail on...
Mobile networks This Practice Note delivers a concise, quick-reference overview of the wireless telecoms sector for commercial lawyers. Mobile electronic communications networks are commonly called cellular networks because they consist of a mosaic of cells, arranged to let the network exploit its allocated frequency spectrum with maximum efficiency. A cell is the coverage area served by a base station (BS), and neighbouring cells operate on different frequencies to reduce channel interference. In rural locations, cells span wider areas than in dense urban settings, where additional capacity is needed. GSM networks Global System for Mobile communications (GSM—so named as a backronym, the original title being Groupe Spécial Mobile) is the most widespread network standard. GSM is regarded as 2G (second generation, with the first generation being analogue mobile networks). 2G has evolved from the platform first rolled out in 1991, through the arrival of the packet data capability, General Packet Radio Service (GPRS), in 1997 (therefore 2.5G), and further with higher packet data rates from 1999 via the...
Use of the radio spectrum in the UK, Channel Islands and Isle of Man is overseen by Ofcom under the Communications Act 2003 (CA 2003) and the Wireless Telegraphy Act 2006 (WTA 2006). This Practice Note sets out Ofcom’s roles and obligations in spectrum regulation, together with spectrum licensing and enforcement. Ofcom’s functions and duties In exercising its functions, Ofcom’s primary duty is to further the interests of citizens on communications matters and to further the interests of consumers in relevant markets, where appropriate by promoting competition. The electromagnetic spectrum is the span of wavelengths or frequencies across which electromagnetic radiation extends. Among other things, that duty therefore requires Ofcom to secure the optimal use of the electromagnetic spectrum for wireless telegraphy. When performing its tasks, Ofcom must, in all cases, have regard to the principles of transparency, accountability, proportionality and consistency, and target regulation only at situations where action is needed. It must also have regard to other principles representing best regulatory practice, as well...