As we start 2020, we look ahead to the key issues regulators and policymakers will grapple with over the coming 12 months. We consider four broad areas: the first year of work for the new European Commission; the development of 5G (with regard to spectrum awards and network security); broadband policy and roll-out; and the approach to regulating platforms and big tech.
Where are we after 18 months of GDPR?
The EU’s General Data Protection Regulation is 18 months old. Governments of 19 EU countries made submissions to the European Council in preparation for the first review. They highlight some gaps in the legislation, with particular regard to cross-border cooperation and enforcement, monitoring of codes of conduct, and to the need for GDPR to retain a forward-looking view so that it does not stifle technological development.
Telecoms operators are increasingly customer-centric
Telecoms operators are moving towards a model where the customer is at the centre of everything they do. This is primarily happening as a result of the industry adopting an omnichannel approach, ensuring that customers are able to get the full value from the services they consume.
The desire to facilitate consumer switching continues
Regulators have done extensive work to facilitate consumers’ ability to switch providers, to foster competition and consumer benefit. Yet switching is still seen as a pain point in some countries. In recent months, initiatives to help customers become proactive in choosing a new contract have taken place in the UK, Japan, and Germany.
BEREC on wholesale access, roaming, and net neutrality
In the second plenary meeting of the year, which took place on 12–14 June in Ghent, Belgium – BEREC launched four new consultations to develop guidelines across a range of topics. Other significant developments included the adoption of a document on the response to the European Commission for the review of the Recommendation on Relevant Markets.
Germany’s 5G auction comes to a bitter end
After nearly three months of bidding, the multi-band auction of 5G spectrum in Germany across the 2GHz and 3.6GHz bands has come to an end. The length of the auction resulted in a high price (€6.5bn), especially considering the award did not include sub-1GHz frequencies.
Ofcom changes approach to regulating fixed telecoms markets
On 29 March 2019, the UK regulator Ofcom set out its initial approach for the next Fixed Telecoms Market Review, which will cover the years 2021–25; for the first time, a market analysis will have a time frame longer than three-years. Ofcom’s main objective is to ensure competition continues to develop, while at the same time supporting the recent surge in fibre investment.
EC hints at the need for a wholesale physical infrastructure access market
The European Commission is currently seeking input on the review of its Recommendation on relevant markets, which has to be completed by the end of 2020 to comply with a provision of the Electronic Communications Code. While at this stage the EC is not setting out what that will look like, it is likely that some markets will be removed from the list of those subject to ex-ante regulation.
Policymakers seek reassurances over 5G cybersecurity concerns
As the issue of security in 5G networks gains momentum, policymakers around the world are taking contrasting approaches. Concerns around the use of Chinese vendors is resulting in outright bans in some countries (US, Australia, New Zealand), whereas others are yet to take a definite stance, such as the UK whose government is finalising a review of the telecoms supply chain.
Making sense of AGCOM’s review of the Italian broadband market
On 18 January 2019, The Italian regulator AGCOM has published the long-awaited draft review of the Wholesale Broadband Access markets (Markets 3a/3b and 4 of the EC’s Recommendation on relevant markets). The proposal aims to deregulate the market in Milan, and introduces nuanced price control remedies in the rest of the country, recognising market evolution of recent years.
