The Regulatory Week in Review by Cullen International

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22 June - 28 June

Cullen International's "Weekly Highlights" bulletin summarises flashes, reports and interesting news. We trust you will find it a helpful overview of the week's regulatory developments.

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COVID-19 Update no°5: Reopening plans and support measures for audiovisual and cinema

 

(Media)

Following months of lockdown, countries are reopening cinemas and allowing filming to start again. Football games will also resume in some countries with new TV rights agreements. This report shows the timeline and conditions of national reopening plans, and looks at the support measures taken in the different countries.

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COVID-19 Update no°8: regulatory measures for electronic communications services in Europe

 

(Telecoms)

The quarantine measures taken as a result of the COVID-19 outbreak increased the use of telecommunications networks, highlighting their importance as growing online activities rely on these networks.

Cullen International researched regulatory measures adopted in 20 European countries in relation to COVID-19.

COVID-19 Update no°5: mobile apps by public authorities and data sharing by providers of electronic communications services

 

(Digital Economy)

This update provides insights on the national contact tracing apps focusing on their architecture (decentralised vs. centralised) as well as the integration of the Google and Apple technology. The flash also summarises the main developments on data processing and data sharing by providers of electronic communication services (ECS) since the beginning of the pandemic. The research covers 14 European countries.

Europe

Commissioner Breton discusses with stakeholders the audiovisual sector challenges post COVID-19

 

(Media)

Mr Breton announced that dedicated sectoral funding programmes are being adapted to the needs of the situation and that the audiovisual and media sectors will also benefit from the recently launched EU recovery plan Next Generation EU (worth €750bn). Mr Breton put forward ideas on how the money could be invested.

EU Commission still satisfied with hate speech code of conduct but the DSA is needed

 

(Media)

Despite showing satisfaction with the functioning of the code, the Commission confirms that future legislation (DSA) is needed to ensure that all platforms abide by the same obligations, including on transparency measures towards users and trusted flaggers.

France's top court quashes most of France's new law to remove hate content from online platforms

 

(Media)

The court annulled both the requirement to remove/block "manifestly illicit" messages within 24 hours and the provision which allows an administrative authority to require removal of terrorist or paedophile content within one hour of being notified by the authorities. 

BEREC guidelines on co-investment

 

(Telecoms)

The BEREC guidelines aim to help national regulatory authorities assess co-investment offers from operators with significant market power before they grant regulatory relief.

BEREC updates and renames its net neutrality guidelines

 

(Telecoms)

The assembly of European telecoms regulators published an updated version of its 2016 net neutrality guidelines. The text will now be known as the BEREC open internet guidelines. It does not significantly differ from the draft consulted upon in October 2019.

Top German court reinstates curbs on Facebook's data collection practices

 

(Competition Law)

The German Federal Court of Justice ruled in an interim proceeding that, pending Facebook's appeal, the national competition authority can enforce its February 2019 antitrust decision by requiring the social media company either to obtain voluntary consent from its users for the extensive collection and combination of their data from several sources, or to limit substantially the processing of such data.

Amazon's investment in Deliveroo slated for clearance

 

(Competition Law)

The UK competition authority is consulting until 10 July 2020 on its revised provisional findings about Amazon's proposed acquisition of a 16% stake and "certain rights" in Deliveroo. Although the authority has provisionally cleared the transaction, its findings suggest that Amazon will face additional scrutiny if it tries to take control of the online food delivery company in the future.

European Commission examines state aid granted to Czech Post

 

(Postal)

The European Commission will investigate compensation of CZK 7.5bn paid to Czech Post for the provision of universal postal services for the period 2018-2020. The Commission is concerned about over-compensation, focussing in particular on the correct calculation of the net avoided costs for carrying out the universal service obligation

Flexibility, subsidiarity and innovation needed in post-COVID postal market

 

(Postal)

Postal operators called for the European Commission to place a strong emphasis on flexibility and subsidiarity when reviewing the Postal Services Directive, particularly given the effect of the COVID‑19 pandemic. Providers of postal and delivery services also highlighted innovative services introduced to keep delivery traffic moving during the pandemic, and welcomed the Commission's proposal to postpone the implementation of the Directive on VAT for cross-border e-commerce by six months. The Post and Parcel Live seminar took place online on 17-18 June 2020.

EU Digital Economy Weekly Report

 

(Digital Economy)

This week's edition features stories about the agreement of new EU rules for class action lawsuits, the review by the European Commission of the first two years of operation of the GDPR, a new register of cross-border investigations under the GDPR's one-stop-shop mechanism, a roadmap of the forthcoming review by the Commission of the EU cybersecurity rules applicable to critical infrastructure and key digital services (NIS Directive), the first meeting of an industry stakeholder group on cybersecurity certification, and Cullen International's latest update of its research on contact tracing apps in 14 European countries to fight COVID-19. The report also lists events taking place this week.

Americas

Colombia publishes transition plan towards 4G and announces new auctions before 2022

 

(Telecoms, Spectrum)

The Colombian Ministry of Information and Communication Technologies (MinTIC) adopted the roadmap for the modernisation of 2G and 3G networks to 4G. The roadmap foresees new auctions of IMT spectrum in the 700 MHz, 1900 MHz, 2.5 GHz and 3.5 GHz bands before 2022. In addition, MinTIC will publish with the spectrum and health authorities a document on the effects of infrastructure deployment on health.

5G developments and more in the latest Americas Spectrum Cross-Country Analysis

 

(Spectrum)

In the Americas, only the United States and Colombia have so far adopted a comprehensive 5G strategy. Most countries in the region identified 5G pioneer bands and are analysing its current use, migration and coexistence options. Among the surveyed countries, only the United States and Canada launched commercial services. The other countries have run several trials in selected spectrum bands, while Colombia established a specific procedure for granting temporary licences for 5G pilots, with trials starting in June 2020 in the 3.5 GHz band. This benchmark is part of the June 2020 update of the Americas Spectrum Cross-Country Analysis.

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Streaming wars: the battle for eyeballs

 

(Media)

The new era of streaming is creating a battle between established industry leaders and competitors made up of major new players in the industry and local players. The battle has been accentuated by COVID-19 shutdowns and stay-at-home orders, sparking a new boom in the streaming world. A new Cullen table tracks these developments, providing market data about the global video streaming service providers operating in selected countries in the Americas. The benchmark also lists how much the providers are spending on original content, and identifies the competing local players. The benchmark forms part of the June 2020 update of Cullen's Americas Media Cross-Country Analysis.

FCC moves forward with the rural digital opportunity fund auction to close the digital divide


(Telecoms)

The FCC adopted procedures to award up to US$16bn until 2030 for rural broadband. The funds will be awarded through a reverse auction to eligible service providers that commit to offer voice and broadband services to fixed locations in over five million underserved areas in the US.  The auction is scheduled to begin on 29 October 2020.

Other reports Europe

  • Review of the Broadband Cost Reduction Directive could extend scope and add rules on cost principles (Telecoms)
  • EU Roaming Regulation review: plenty of options on the table (Telecoms)
  • Political agreement on new EU rules for class action lawsuits (Digital Economy)
  • Postal Cross-Country Analysis (Postal)

Other reports Americas

  • Americas Telecoms Cross-Country Analysis (Telecoms)
  • Colombia's top court ruled that temporary reduction of national quotas is unconstitutional (Media)

Other reports MENA

  • MENA Telecoms Cross-Country Analysis (Telecoms)

Competition Law Cases

  • Viagogo/StubHub merger (update)
  • Phoenix Tower International/Eir's tower business merger (new case)

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