Communications

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Recent Articles

  •  
    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
    Poland

    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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  •  
    23/08/2023
    Asia-Pacific

    APAC TMC Update – Summer 2023

    ASEANASEAN and EU release joint guide to ASEAN MCCs and EU SCCsOn 24 May 2023, the Association of Southeast Asian Nations (ASEAN) and European Union (EU) released a Joint Guide to the ASEAN Model Contractual Clauses (MCCs) and EU Standard Contractual Clauses (SCCs) to assist businesses operating in ASEAN and the EU with their compliance with applicable laws for international data transfers in both regions.The ASEAN MCCs are a baseline set of contractual clauses that can be adopted by data exporters and importers in all ASEAN member states and may be modified or supplemented to the extent that they...
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  •  
    20/07/2023
    United Kingdom

    Concurrent leases and the Electronic Communications Code – the Court of Appeal resolves a problem

    SummaryThe Court of Appeal in a recent judgment has closed a serious gap in Schedule 3A of the Communications Act 2003, the Electronic Communications Code (the “Code”), which had raised legitimate concerns for property owners, investors and developers when dealing with operators with a Code agreement where a “concurrent or intermediate lease” had been granted. These are leases that are granted to sit between, for example, the freehold and an existing lease so that the tenant under the concurrent lease becomes the landlord of the existing tenant, in this case the Code operator....
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