WORLD COMMUNICATIONS REGULATION REPORT >>> News and analysis on communications law, regulation and policy from around the world. For the latest updates, visit www.bna.com International Information for International Business VOLUME 9, NUMBER 9 >>> SEPTEMBER 2014 News Argentina’s Regulators Reject Grupo Cları´n’s Request to Keep Some Assets. Intellectual Property Argentina’s telecommunications watchdog said it has rejected a request by the German Antitrust Authority country’s largest media group, Grupo Cları´n, to modify a previous divestment Rejects Case to Make Google commitment and keep eight TV channels it was supposed to sell off in order to Pay Copyright Fees. By Ja- comply with new legal requirements. (Page 3) been Bhatti, Bloomberg BNA, Telefonica Guarantees Top Spot in Brazil’s Telecom Market. France’s Vivendi Berlin. (Page 22) has picked Spain’s Telefonica for exclusive talks on the sale of Vivendi’s Brazilian Commentary subsidiary, GVT. Telefonica won against Telecom Italia in the battle for GVT, a Mexican Telecoms and company that has been successful in offering broadband and satellite television Broadcasting Law Enters into services in Latin America’s largest market. (Page 4) Effect. Canadian Regulator Penalizes Telco for Missing Broadband Rollout Deadline. By Federico Herna´n- dez Arroyo, Hogan Lovells Canada’s federal telecommunications regulator has ruled that Telus Communica- BSTL, Mexico. (Page 28) tions Co. must provide free internet access if it fails to meet an extended dead- Nigeria’s Telecoms Sector: line for providing broadband internet access to remote communities in Alberta What are the Operational and and British Columbia, as part of a program using funds originally set aside to Fiscal Challenges in the promote competition in local telephone services. (Page 6) Midst of Success? By Oluseye India Announces National Internet Connectivity Plan. India’s Cabinet of Minis- Arowolo and Fatai Folarin, ters has approved an elaborate ‘‘Digital India’’ program that will aim to connect Deloitte, Lagos. (Page 30) all village-level governments by broadband internet and mobile telephony and promote e-governance across the country. (Page 7) Special Report Romania’s Competition Council Issues Guidelines on Co-investment EC Publishes Report on Agreements for Mobile Electronic Networks. The Romanian Competition Telecoms Market and EU Council (RCC) recently published its guidelines setting forth the specific condi- Regulation. By Mike Conradi tions in which co-investment agreements for the joint utilisation of mobile elec- and Peter Elliot, DLA Piper, tronic networks may be concluded. The RCC Guidelines arise from a first-time London. (Page 38) competitive assessment of cooperation agreements in the telecommunications sector. (Page 11) Domain Name Briefs Emirates Integrated Telecommunications Company Announces UAE’s First News from Australia, France, VoLTE Network Service. The Emirates Integrated Telecommunications Com- Hong Kong, Portugal, UK pany, known as ‘‘du,’’ announced that it has successfully installed and tested a and US. Hogan Lovells, in Voice Over LTE (VoLTE) network, which will allow users to make clear voice Paris, reports on recent do- calls as they simultaneously access internet at 4G speeds. The step makes du the main name activities around first operator in the Middle East to offer VoLTE services. (Page 14) the world. (Page 15) COUNTRY INDEX COUNTRY INDEX ARGENTINA ISRAEL Argentina’s regulators reject Grupo Cları´n’s Israeli communications ministry relaxes restric- request to keep some assets ..................... 3 tions on Wi-Fi hotspots ............................ 9 Argentina do not call registry statute finalized, Israeli committee proposes replacement of exist- awaits implementing rules ....................... 3 ing communications regulators ................ 10 Court holds partial posting of newspaper inter- AUSTRALIA view on website ‘‘fair use’’ in Israel ............ 25 Domain name briefs ................................... 15 JAPAN BRAZIL Net neutrality: the emerging debate in Asia .................................................. 32 Telefonica guarantees top spot in Brazil’s telecom market ...................................... 4 MEXICO Brazil telecom regulator schedules 4G auction for September ........................................ 4 Mexican telecommunications and broadcasting Pirated pay-TV transmissions account for 18.5 law enters into effect .............................. 28 percent use in Brazil ............................... 21 NIGERIA CANADA Nigeria’s telecommunications sector: what are the operational and fiscal challenges in the Industry Canada offers new plan to licensing midst of success? .................................... 30 3500MHz spectrum ................................ 5 Canadian bureau’s concerns over deal prompt PORTUGAL telecom firms to abandon merger ............. 6 Domain name briefs ................................... 15 Canadian regulator penalizes telco for missing broadband rollout deadline ..................... 6 ROMANIA EUROPEAN UNION Romania’s competition council issues guidelines on co-investment agreements for mobile elec- EU plans for digital era copyright reform stalls tronic networks ...................................... 11 over licensing, compensation ................... 21 Right to forget extraterritorial reach, broad RUSSIA scope may affect EU social media ............. 33 Russia to require user ID for access to some European Commission publishes report on wireless internet networks ........................ 12 telecommunications market and Russia releases new telecom rules ................. 13 EU regulation ........................................ 38 SINGAPORE FRANCE Net neutrality: the emerging debate Domain name briefs ................................... 15 in Asia .................................................. 32 GERMANY SOUTH KOREA German antitrust authority rejects case to make Net neutrality: the emerging debate Google pay copyright fees ........................ 22 in Asia .................................................. 32 Yahoo! Germany challenges ancillary copyright law in test case ....................................... 23 TURKEY Constitutional court overturns statutory basis for HONG KONG data protection regulation ....................... 13 Domain name briefs ................................... 15 Net neutrality: the emerging debate UNITED ARAB EMIRATES in Asia .................................................. 32 Emirates integrated telecommunications com- pany announces UAE’s first volte network ser- INDIA vice ...................................................... 14 India announces national internet connectivity plan ..................................................... 7 UNITED KINGDOM Indian draft policy to set time limit on essential Right-to-Be-Forgotten principle is ‘‘unworkable,’’ telecom IP licensing talks ........................ 26 UK parliament report says ....................... 14 Indian court lifts injunction against ZTE in Domain name briefs ................................... 15 patent dispute with Vringo ...................... 27 The UK’s new Data Retention and Investigatory Broadband internet, a basic right in India: con- Powers Act 2014: affecting communication verting dream into reality ........................ 37 services providers based in the UK and beyond ................................................. 35 IRAN UNITED STATES Iran urges ITU plenipotentiary members to grant decision-making power to GAC ........ 8 Domain name briefs ................................... 15 2 09/14 Copyright ஽ 2014 by The Bureau of National Affairs, Inc. WCRR ISSN 1750-1784 News from Around the World News from Around the World ARGENTINA complained that the 12-month divestment period it con- templated was too short and would cause it substantial Telecommunications financial injury. The law was enacted in 2009, but was held up by courts until the Supreme Court gave it the Argentina’s Regulators Reject Grupo green light. Cları´n’s Request to Keep Some Assets By David Haskel Argentina’s telecommunications watchdog on Aug. 13 said it has rejected a request by the country’s largest me- ARGENTINA dia group, Grupo Cları´n, to modify a previous divest- ment commitment and keep eight TV channels it was Telemarketing supposed to sell off in order to comply with new legal requirements. Argentina Do Not Call Registry Statute Finalized, Awaits Implementing Rules The Federal Authority on Audiovisual Communications Services (AFSCA, after its Spanish initials), in February 2014 accepted a plan presented by the US$2.2 billion Argentina’s new do not call statute (Law No. 26951), revenue, 7,000 employees group to split the company which was enacted to protect landline and mobile into six separate units and divest many assets (see ‘‘Ar- phone users from unsolicited telemarketing calls, was fi- gentina’s Regulators Approve Grupo Cları´n’s Divest- nalized on Aug. 5 upon its publication in the Official Ga- ment Plan’’ [9 WCRR 3, 3/15/2014]). zette. AFSCA said Cları´n later asked to be allowed to keep The bill, which creates a no call system for consumers to eight TV channels initially included in the sell-off plan. register telephone numbers, adds new regulatory com- However, at a board meeting held on Aug. 12, AFSCA pliance obligations for telemarketers making calls to in- rejected the request and served notice that if the con- dividuals in Argentina. glomerate does not follow the original plan, it will seize The bill was introduced in the Senate in 2011.