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 IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000).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...

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...

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...

Antitrust General Court dismisses appeal against re-adopted fine for non-compete agreement The General Court has delivered its judgment in Case T-181/22, Pharol v Commission, on an appeal against the Commission’s re-adopted Article 101 TFEU decision concerning a non-compete arrangement between Telefónica and Portugal Telecom (now Pharol) affecting the Iberian telecommunications market (AT.39839). The General Court rejected the appeal in its entirety and maintained the revised fine. Background In 2010, Telefónica and Portugal Telecom—later renamed Pharol—concluded an agreement for Telefónica to purchase Pharol’s shareholding in the Brazilian mobile operator Vivo. The contract included a non-compete clause that prevented both companies from competing with one another in the Iberian telecommunications markets until 2011. In 2013, the Commission adopted an infringement decision, finding that the non-compete breached Article 101 TFEU. It imposed fines of €66.9m on Telefónica and €12.3m on Pharol (the Commission’s 2013 decision). Appeals before EU Courts Telefónica and Pharol subsequently lodged appeals against the Commission’s 2013 decision before the General Court...

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...

Wayleave and the Electronic Communications Code Over the past ten years, the telecommunications sector has expanded at a remarkable rate, driven by the pressure to deliver reliable, far-reaching communications networks. Operators such as BT, Vodafone and Sky cannot roll out these networks without access to install equipment on privately owned sites. They also need the freedom to modernise apparatus to match rapid technological progress, and to share kit so they can satisfy rising demand and preserve consumer choice. While enabling operators to work efficiently is essential, site providers will equally want robust safeguards for their own interests. This Practice Note highlights provisions that can be built into a telecommunications wayleave to strengthen the site provider’s position... A telecommunications wayleave agreement A wayleave is a consent or licence through which a person with an interest in land permits another party to exercise a right over that land. It is distinct from an easement or a lease. A wayleave does not create an interest in the land, does not...

CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 20 February 2024; it is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger review of the planned joint venture between Orange S.A. and MásMóvil Ibercom S.A.U. (M.10896). The deal presents horizontal overlaps in the retail and wholesale provision of fixed broadband and mobile services. Latest developments On 20 February 2024, the Commission approved the deal, conditional on commitments. It was concerned that: the merger would create the largest operator by customer numbers; the parties compete closely; and consumers in Spain could face significant price rises. To address these concerns, the parties committed to: transfer spectrum held by MásMóvil to Digi across three frequency bands, namely two medium‑frequency bands (1,800 MHz and 2,100 MHz) and one high‑frequency band (3.5 GHz); and enter into an optional national roaming agreement, which Digi may choose...

LR1. Date of the lease [ enter the date in full format DD-Month-Year ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title numbers from which this lease is granted. Leave blank if unregistered ] LR2.2 Other title numbers [ existing title number [ s ] against which entries relating to LR9, LR10, LR11 and LR13 are to be made ] LR3. Parties to this lease Landlord [ enter landlord's name and address ] Tenant [ enter tenant's name and address ] Other parties LR4. Property Where this clause conflicts with any other part of the lease, then, for registration purposes, this clause shall take precedence. [ enter details of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban...

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...

LR1. Date of the lease [ set out the date in full, DD-Month-Year format ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title number(s) from which this lease is derived; if unregistered, leave blank ] LR2.2 Other title numbers [ the existing title number(s) against which entries for matters mentioned in LR9, LR10, LR11 and LR13 are to be recorded ] LR3. Parties to this lease Landlord [ landlord’s name and address ] Tenant [ tenant’s name and address ] Other parties LR4. Property If there is any inconsistency between this clause and the rest of the lease, then, for registration purposes only, this clause shall take precedence. [ particulars of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act...

Electronic Communications Code (the Code) It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q&A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property...

The Electronic Communications Code The Electronic Communications Code (the ‘Code’), found in sections 106–119 and Schedule 3A Pt 1 to the Communications Act 2003, enables Ofcom-authorised operators to obtain rights over land for a range of purposes (see Code para 3). Code rights can be conferred by agreement between a land occupier and an operator, and, in practice, telecoms providers ordinarily seek to secure consensual terms at the outset. If agreement cannot be reached, the Upper Tribunal (UT) has authority to confer Code rights without the occupier’s consent. The process is initiated by the operator serving a notice under paragraph 20 of the Code...