Communications

eAlerts Récentes

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  11/04/2024

  Chine

  China expands foreign investment in value-added te­le­com­mu­ni­ca­tions services through pilot programme

  On 8 April, the Ministry of Industry and Information Technology (MIIT) issued the Circular on Launching the Pilot Programme for Expanding the Opening-up of Value-Added Telecommunications Services.Prior to this announcement, China had long regulated foreign investment in the telecommunications sector with varying degrees of restrictions across different services. In the value-added telecommunications services (VATS) sector, certain areas such as e-commerce, domestic multi-party communications, store-and-forward services and call centres have seen a relaxation of foreign investment restrictions,...

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  10/04/2024

  United Kingdom

  Interplay of contractual and statutory break notices under the Electronic Communications Code

  Summary Actual service of a contractual break notice is not required for termination of agreements under the Electronic Communications Code.The CaseIn ON Tower UK Limited v British Telecommunications PLC [23 February 2024], BT operated a telephone exchange, on the roof of which ON Tower managed various mobile telephone installations. In 2021 BT granted ON Tower a lease of various properties including part of the roof of the exchange for a term ending in 2030, but with a contractual right for BT to end the lease early. ON Tower UK Limited is a Code operator meaning that it can potentially...

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  14/12/2023

  APAC Region

  APAC TMC Update - Winter 2023

  ASEANComparison of Consent and Other Legal Bases to Process Personal Data across the Asia-Pacific by the Future of Privacy ForumIn September 2023, the Personal Data Protection Commission (“PDPC”) in Singapore provided the findings of a comparative review created by the Future of Privacy Forum (“FPF”) and the Asian Business Law Institute. The review compares consent and other legal bases under data protection laws across 14 jurisdictions in the Asia-Pacific.Key findings from the review included the following:Consent is the only shared legal basis for data processing across...

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  23/11/2023

  United Kingdom

  Paragraph 40(8) of the Code – the “last chance saloon” for telecoms operators?

  Background The case of On Tower UK Limited v Gravesham Borough Council involved a rooftop telecoms site on an eight-story residential building. The Respondent Council was the freeholder. The equipment had been in place since 1997 under a 1954 Act lease and had been assigned to the Claimant telecoms operator, On Tower.The Respondent needed to carry out roof repairs to fix persistent leaks, but the repairs necessitated removing the Claimant's apparatus. The parties discussed “lift and shift” of the apparatus, but negotiations stalled during the pandemic.Following the service of a...

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  10/11/2023

  Pologne

  Poland takes further step towards implementing 5G technology

  On 18 October 2023, the President of Poland’s Office of Electronic Communications (UKE) announced the results of an auction for four reservations of the 3.6 GHz frequency band. The successful bidders included the largest national telecoms: Polkomtel (operator of the “Plus” network), P4 (“Play” network), Orange Polska (“Orange” network) and T-Mobile Polska (“T-Mobile” network). The 3.6 GHz band is crucial for the development of the fifth generation (5G) network in Poland, which is expected to revolutionise the telecommunications market and...

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  26/09/2023

  United Kingdom

  Changes shortly to be made to the Electronic Communications Code

  SummaryAt the end of last year, we reported on the passing of The Product Security and Telecommunications Infrastructure Act 2022 (the  “PSTIA”), which is intended to support the roll-out of future-proof, gigabit-capable broadband and 5G networks by making various amendments to the Electronic Communications Code (the “Code”). The provisions of the PSTIA and the changes to the Code were to be implemented in stages by way of regulations.On 18 September 2023 The Product Security and Telecommunications Infrastructure Act 2022 (Commencement No. 3) Regulations 2023 were made,...

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