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Analyst Comment

Ofcom answers calls for predictability and certainty when it comes to full fibre

Ofcom has outlined a package of proposed measures to support long-term investment in full-fibre networks. They include regulating business and residential markets together, plans for unrestricted access to Openreach’s ducts and poles, different regulatory approaches in different parts of the country and extending the duration of regulation from three to five years or more.

Google fine illustrates the EC still needs a new approach to digital markets

The European Commission has today fined Google €4.3bn arguing the company engages in illegal practices regarding the Android operating system in order to strengthen dominance of Google search. The EC notes Google has required manufacturers to pre-install the Google Search app and browser app (Chrome), as a condition for licensing Google's app store (the Play Store); paid large manufacturers and mobile network operators on condition that they exclusively pre-installed the Google Search app on their devices; and prevented manufacturers wishing to pre-install Google apps from selling devices running on alternative versions of Android that were not approved by Google (so-called "Android forks").

The wide discontent around the new European Electronic Communications Code is no good thing

On 6 June 2018, the EU announced a political agreement on the long-awaited European Electronic Communications Code. Stakeholders across the board are unhappy; however, the favourable treatment of wholesale-only networks could solve some long-standing problems facing wholesale access regulation over the last 20 years.

GDPR is almost here, but it will not change the world in a day

The most talked about day of the last two years is almost upon us. The European General Data Protection Regulation (GDPR) will come into force tomorrow, promising much stronger rights and safeguards for users’ personal data. For now, the main effect it has had has been, paradoxically, to irritate the very people it is supposed to protect, due to the deluge of emails we have all received from companies seeking fresh consent. While businesses fear GDPR’s hefty fines, it is likely that regulators at least will be flexible in the first few months.

Ofcom completes UK 5G spectrum auction

Ofcom has today announced the outcome of the principal stage of its auction to release airwaves for 4G mobile and future 5G services in the 2.3GHz and 3.4GHz bands. In the auction, Vodafone spent the most of all operators, O2 acquired all of the available spectrum at 2.3GHz and and BT/EE's share of spectrum fell as per the auction rules.

Matthew Howett, Founder & Principal Analyst at Assembly comments:

"Despite Three having made the most noise about the rules of the auction, it was perhaps O2 that had the most to lose, being the operator that probably needed more spectrum the most. The outcome is a particularly good result for them.

Even though the auction raised a fraction of the amount of the 4G auction or even the 3G auction two decades ago, the prices paid are above expectation which shows how valuable these airwaves are to operators, particularly given the emerging hype around 5G. 

However an unsatisfactory outcome in this auction was never going to necessarily spell the end to any one operators 5G future given that the technology will ultimately work across a number of spectrum bands, both new ones and ones already held by the mobile operators."

The EC’s Digital Tax faces a long road ahead

The European Commission has today launched a new proposal to adapt the taxation system of the digital economy, in which value is created in countries where a business does not have a physical presence. The EC proposes to introduce a taxable “digital presence”, fulfilling one of three criteria (at least €7m turnover per year in an EU country; more than 100,000 users in a member state in a year; or more than 3,000 business contracts in a state in a year). It also proposes an “interim tax”, which will apply to revenues created from online advertising.

Luca Schiavoni, Senior Analyst at Assembly, comments:

"The idea of a digital tax has been a long time coming, and, while it might not be welcomed by big tech companies, it is hardly a surprise. So much so, that some of them were already changing the way they book their income to pay taxes where they make their profit (for example, Facebook started doing it for some countries in 2016).

Today’s proposal of the EC will nonetheless face significant obstacles. Despite many member states’ appetite for a taxation system which allowed them to get more out of big tech, some countries with a lower corporate tax rate will no doubt try to amend it. Other stakeholders are also concerned: EU E-commerce businesses have already warned about a revenue-based tax for digital platforms, which would turn into an export tax for EU SMEs.

The EC is launching this proposal at a time when the OECD has come up with a comprehensive report on the same topic, which points to the risks of economic distortion and higher costs for business. The Commission is trying to act quickly (more quickly than the OECD itself), which is aiming to have an agreement in place by 2020. However, given the wide disagreements, it might end up being a fruitless effort – even the interim tax will have to be agreed upon by member states, which will take time.

Commissioner Moscovici also stressed that the interim tax is not against “GAFA” (i.e. Google, Apple, Facebook, Amazon) or against US firms; however, those companies are likely to be the ones most affected. While on the one hand this strengthens American concerns about tax; on the other it shows the underlying problem of European firms still struggling to compete with the world’s online giants."