Regulatory Timeline: Digital and Telecoms

“ISPs, mobile operators, manufacturers and platforms across Europe are dramatically overhauling their services in order to meet an explosion in consumer demand and to take advantage of innovative technologies. The rewards of success in the new world of quad play and convergence are compelling. The challenge for companies is to overcome regulatory hurdles without being slowed down.”

31 March 2015 – Ofcom statement on mobile call termination market

Following its review into the mobile call termination market, Ofcom has published a draft statement that concludes that: 

• mobile termination rates have fallen significantly in recent years due to its interventions; and 
• total revenues from mobile call termination in 2014/15 in the UK are around £504 million. 

The draft statement explains Ofcom’s intention to implement a new charge control, applying to all operators. This will mean termination rates falling further in real terms, from the current rate of 0.871p to 0.477p in April 2017 (based on 2012/13 prices). 

Following notification of the draft statement to the European Commission, Ofcom expects to publish a final statement in March 2015. Ofcom also intends to adopt a transition period, between publication of the final statement and 1 May 2015, when the new mobile termination rates will take effect. 

1 June 2015 – Ofcom review into silent and abandoned calls 

This review, which is part of the work Ofcom is carrying out with the ICO to address the issue of nuisance calls, has been extended by 12 months to June 2015. 

1 September 2015 – EU monitoring rules on in-app purchasing 

The EU continues to monitor the rules relating to in-app purchasing. It is looking in particular at whether any of the actions taken by Apple, Google and others, and assessments previously made by the European Commission, have addressed the concerns that have been raised previously. 

1 July 2016 – New Regulation on cross-border electronic signatures takes effect 

Regulation 910/2014 on Electronic Identification and Trust Services for Electronic Transactions in the internal market replaces the existing E-Signatures Directive (Directive 1999/93/EC). The European Council believes that the failure to make greater use of electronic signatures within the framework of an independent certification system has hindered the creation of a fully integrated digital single market. It remains to be seen whether the new Regulation and related initiatives will result in greater use of electronic certification facilities. With some exceptions, the new Regulation will apply from 1 July 2016. 

1 December 2016 – BBC Royal Charter 

The BBC’s Royal Charter is up for renewal. 

1 December 2016 – Ofcom consultation on the future use of 700MHz spectrum frequency band: change in use from DTT to mobile broadband 

Ofcom is consulting on a proposal to use the 700 MHz spectrum band for mobile broadband. It believes that this would deliver significant net benefits to the UK, while recognising that there would be significant transition costs. However, Ofcom believes that it would be possible to reconfigure the Digital Terrestrial TV (DTT) network in the spectrum between 470–694 MHz without materially affecting the current coverage or channel mix, or significantly disrupting viewers. 

If it proceeds with this proposal, Ofcom would expect to award licences to the 700 MHz band through an auction process. If auctions were held shortly before the spectrum became available, this would mean an auction taking place in around 2020. Ofcom is inviting comments on the timing of the process and the relative merits of holding an auction earlier, possibly as early as 2016. 

1 December 2016 Net neutrality

Watch this space: rival positions have been taken in the US and the UK: 

• In the US, the FCC proposed a bill making it legal to charge for access to networks on commercially reasonable terms; while the proposed Online Competition and Consumer Choice Act bans paid prioritisation; 
• In the UK, the Internet Telephony Services Providers Association (ITSPA) has proposed amendments to the Consumer Rights Bill to enshrine in law that traders cannot block or hinder legal services while misleading consumers into believing that the services are available. To offer Internet access and to have a blocking policy (other than for legitimate traffic management reasons) would amount to misleading marketing and mis-selling. 

31 December 2016 – Data Retention and Investigatory Powers Act 

The Data Retention and Investigatory Powers Act (DRIP) was rushed through in July 2014 as a temporary measure, with a sunset clause for its expiry by the end of 2016. The Government will need to consider before then what measures it intends to put in place to replace DRIP. The Government also intends to review the Regulation of Investigatory Powers Act.