Jurisdiction(s):
United Kingdom

EU Horizontal Cooperation Guidelines on telecoms network sharing: inclusion of geographic segmentation, key assessment factors and independence requirements, no safe harbours, and heightened scrutiny of active sharing and spectrum pooling

Published on: 05 July 2023

Published by a LexisNexis TMT expert

Legal News

Article summary

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 mobile sector, reflecting both basic and sophisticated approaches adopted by MNOs; in essence, these collaborations support wider coverage, better quality, and interoperable connectivity between networks at greater scale, in practice, NSAs may...

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