Telecommunications,
Media And Technology

Briefings in English - 2008

An overview of regulation in 48 jurisdictions worldwide. Please visit the website global-competition.com for a review and order form.

In May 2003 the European Commission fined Deutsche Telekom €12.6m for abusive pricing of access to its local fixed telecommunications network and required the infringement to be brought to an end immediately. The European Court of First Instance has now upheld the Commission’s decision in full. The Court’s judgment clarifies the relationship between sector regulation and competition law. (April 2008)

Briefings in English - 2007

On 13 November 2007, the European Commission presented its long-awaited proposal for a review of the EU regulatory framework for the electronic communications sector. The consultation process on the review started two years ago and has led to significant reform proposals that Commissioner Viviane Reding explains are necessary to put Europe’s digital economy on track and place its consumers centre stage. (November 2007)

UK regulations now require telecoms service providers to retain traffic and location data, following an EU Directive that aims to combat terrorism and international organised crime. (October 2007)

The European Court today upheld a 2004 European Commission decision fining Microsoft over €497m for abusing its dominant market position in the PC operating systems market. The Court confirmed that Microsoft’s refusal to supply interoperability information to competitors and bundling of Windows Media Player with the Windows operating system were illegal. The judgment is likely to encourage the Commission to continue enforcing EU competition law vigorously. (17 September 2007)

The sunrise period for priority registration for .Asia domain names begins on 9 October 2007. All organisations wishing to register need to work out which sunrise category they are in and ensure that they meet the relevant deadline for applications. This briefing explains the categories and how the process will work. (September 2007)

Hong Kong’s new anti-spam law, which will regulate all messages sent by electronic means advertising or promoting goods, services, facilities, land and/or interests in land, was published on 1 June 2007 and will be implemented in two phases. The first phase, which came into effect on 1 June, covers the use of improper techniques to communicate with multiple recipients, and the second, which will come into effect by the end of the year, sets out the rules for sending commercial electronic messages. (June 2007)

Legal and regulatory issues that need to be escalated to a company’s legal and compliance department (LCD) may arise when sourcing information technology (IT) goods and services to be used in mainland China. This guide provides an overview of such issues and actions to take. (May 2007)

The European Commission unveiled its strategy for a more flexible spectrum policy last month. It has outlined the steps needed to achieve a more flexible policy empowering the spectrum user to choose among a wider range of services and technologies. This briefing looks at the Commission’s strategy. (March 2007)

Briefings in English - 2006

In an attempt to bring recent radical technological changes in the media services sector under one regulated umbrella, the European Commission published its proposal for an overhaul of the longstanding Television Without Frontier Directive at the end of 2005. Both a recent Ofcom-commissioned report and the UK government have been critical of this proposal and the original proposal looks like it may well be considerably amended. The coming months are therefore crucial for interested parties to ensure that their views are taken into account in the final adopted proposal. (October 2006)

The development of mobile TV technology in the EU is being fostered through a number of legislative/regulatory initiatives, in the context of i2010, the EU strategic framework for the information society. This briefing highlights the key developments in this area. (August 2006)

There has been a recent flurry of activity from the European Commission's services regarding legislation that will affect the EU's electronic communications sector. This briefing provides an overview of the three big issues on the horizon: the review of the regulatory framework adopted in 2003, a proposal for a regulation on roaming tariffs, and a possible sector inquiry into telecoms in 2007. (July 2006)

This briefing analyses the regulatory obstacles and existing restrictions faced by non-domestic satellite operators in the key Asia-Pacific markets of China, India, Japan and Australia. It also looks at possible regulatory developments in the region. (July 2006)

There has been a recent flurry of activity from the European Commission’s services regarding legislation that will affect the EU’s electronic communications sector. This briefing provides an overview of the three big issues on the horizon: the review of the regulatory framework adopted in 2003, a proposal for a regulation on roaming tariffs, and a possible sector inquiry into telecoms in 2007. (July 2006)

EU Information Society and Media Commissioner Viviane Reding recently stated that international mobile roaming tariffs have remained unjustifiably high despite various actions being taken (April 2006).

Briefings in English - 2005

The EU Data Retention Directive will become law soon. After the adoption of the latest Council’s draft of the Directive by the European Parliament on 14 December 2005, the final approval by the EU Council is expected by the end of this year (December 2005).

The European Commission has proposed a common and co-ordinated removal of restrictions on spectrum usage across the EU to promote an open and competitive digital economy (November 2005).

This note analyses recent decisions by European courts on whether taxes payable by mobile telecoms companies for their masts and antennae are valid (September 2005).

Briefings in English - 2004

The Hong Kong Legislative Council passed the Broadcasting Amendment) Ordinance 2003 on 5 May 2004, which is expected to come into force shortly. This briefing looks at the changes it will introduce to the treatment of unauthorised decoders and the Telecommunications Authority's enforcement powers. (May 2004)

This briefing reviews the guidelines and the new regime, highlighting implications for current and potential participants in this sector. (May 2004)

Briefings in English - 2003

On May 21 2003, the Telecommunications Authority (TA) issued a statement setting out guidelines on section 7M of the Telecommunications Ordinance (Cap. 106), which prohibits telecoms licensees from engaging in misleading or deceptive conduct in the telecoms market. (October 2003)

On May 23 2003, the Hong Kong Government issued a consultation paper on the review of the regulatory policy for Type II interconnection. The review will examine whether the current policy is still relevant and necessary to facilitate effective competition and promote investment in the telecommunications market. (October 2003)

The Communications Act received Royal Assent on Thursday 17 July 2003. Under the Act, non-EEA companies will very shortly be able to own UK television and radio companies, and the scope for cross-media mergers will be increased. (July 2003)

The Legislative Council in Hong Kong recently passed legislation to grant the Telecommunications Authority (TA) the power to regulate merger and acquisition activity in the telecoms sector. The government aims to put the merger control regime into operation by the end of 2003, after the TA has released the M&A guidelines. (July 2003)

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