App stores and operating systems are under increasing scrutiny from regulators due to increasingly common competition concerns. As Australia and France take the lead, the EC is likely to adopt an ex-ante regulatory framework due to the recent rise in competition cases that have emerged
Fewer markets now susceptible to ex-ante regulation in Europe
There are now just two markets susceptible to ex-ante regulation across the EU – fixed wholesale local access, and wholesale dedicated capacity (i.e. leased lines). While voice interconnection markets are gone from the list, this does not mean complete deregulation
Regulators fight disinformation around 5G and health
Despite no supporting evidence, there has been a vocal group claiming 5G causes adverse health effects. In response, regulators have been publishing measurements of radio emissions from telecommunications equipment, which revealed that 5G emissions are still far from the maximum limits set out in national and international guidelines. Some regulators are also having to combat widespread disinformation on a link between 5G and the coronavirus pandemic, which has sometimes resulted in mobile infrastructure being vandalised.
The European data strategy explained
A big part of the EC’s mandate will be defined by shaping Europe’s digital future – an objective that it will pursue by various means such as policies for AI, the reshaping of competition rules, and a data strategy. These are in turn linked to the Green Deal and the Industrial Strategy. The success of this vision will determine whether Europe can become less dependent on foreign big tech, and ensure its own businesses finally compete on a global scale.
What will be keeping regulators busy in 2020?
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.
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.
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.
Amendments to the EC Copyright Directive will not end controversy
On 12 September 2018, the EU Parliament has passed its negotiating position on the proposal for a New Copyright Directive. The new text follows the demise of the initial one in July, and means the trialogue negotiations between Parliament, Council, and Commission can now begin.
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.
Tech companies should take down illegal content in one hour
The European Commission issued today a set of “operational measures” to tackle illegal content online. This also includes terrorist content and hate speech. Tech companies are recommended to follow a “one-hour-rule” to take down terrorist content and to implement faster detection systems, including automated ones. Tools should also be shared with smaller companies. Businesses will have to submit information to the EC about their compliance with this Recommendation within three months.
