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GSMA makes detailed response to Europe’s draft communications code

Mobile body, the GSMA, has published a position paper on the European Commission’s reform proposals set out in the draft Electronic Communications Code. The report stresses overall support for the Commission’s intent and focus, while proposing improvements in certain key areas. These include spectrum management, with longer spectrum licence durations; coverage obligations that need to be realistic from an investment perspective, clearly defined prior to licensing and must not be subject to unilateral change by national regulators post-licensing; and when assessing competition issues in the context of spectrum licences, member states should apply the same standards as they do in the SMP (significant market power) framework. “However, the code foresees the inclusion of access obligations in licences and proposes the imposition of remedies through spectrum auctions, which is at odds with the standard SMP market analysis.” Further: “The code sets out proposals that prioritise licence-exempt use and spectrum sharing, at the expense of individual licence authorisations to dedicated spectrum. The text needs to be more balanced to reflect the importance of internationally-harmonised, dedicated mobile spectrum in meeting demanding quality of service targets, and the concept of spectrum sharing needs to applied to specifically relevant situations, such as where a band is inefficiently used or where there is scope for licensed shared access to allow several mobile operators to share future millimetre wave bands for 5G.” The GSMA’s report also discusses a regulatory framework that favours investment, and further harmonising consumer protection rules across digital sectors. Read report

  • Friday, 09 December 2016

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