On March 9th, the European Commission unveiled its vision "for a successful digital transformation of Europe by 2030". A series of objectives to be met in less than ten years, such as the availability of all key public services on the web or the increase in skills of individuals.

5G is one of these objectives. Mobile broadband is gradually arriving on the Old Continent and Brussels wants this new technology to be available in all populated areas by 2030.

According to the European Commission, 14% of populated areas will be covered by 5G by 2021. A figure that may seem high given the very recent nature of this standard. But the wording chosen by the European executive excludes uninhabited areas, which in fact evacuates large parts of the continent from the calculation. Nine years would therefore be enough to fill the remaining 86%.

But countries are free to go faster if they wish. In France, the entire network could be in 5G by 2030. This is in any case the perspective that the former president of Arcep, Sebastien Soriano, has drawn in 2019. A first step will have to be taken in 2025, with two thirds of the population covered.

The timetable for 5G contains several appointments, depending on the imperatives of territorial planning (coverage of major transport routes and more rural areas) and the circumstances of current events (like the Summer Olympics Games in 2024). In addition, the regulator will provide additional licenses to operators to operate additional frequencies.

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Source : Numerama

Five years after the adoption of the regulation enshrining net neutrality on the Old Continent, the Court of Justice of the European Union is beginning to give it a legal interpretation. It validates the analysis that "free traffic" (or "zero rating") as applied by operators constitutes a violation of net neutrality.

In 2016, the Body of European Regulators for Electronic Communications (BEREC) published guidelines on net neutrality which are binding on all its members. These guidelines make it very difficult in practice to use zero rating, even if it is not formally prohibited.

"Free traffic" is a commercial practice whereby an operator does not charge or account for the use of certain online services, even if they are used by the Internet user.

Although at first sight these offers may seem attractive, they pose various problems: the internet user does not have control over the choice of services selected. Above all, however, the zero rating could hinder or block access to rival platforms, thus distorting competition, according to the logic of commercial agreements between Internet access providers and content providers.

In this case, everything starts from Hungary with the Norwegian ISP Telenor, which proposed two access bundles with zero rating. Once the mobile data had been exhausted, Internet users could continue to use their access for the zero-rated services, while the other solutions were subject to a technical restriction by the operator.

After monitoring by the Hungarian Communications and Media Authority, it found that these subscriptions were in breach of the general obligation of equal and non-discriminatory treatment of traffic. It therefore naturally demanded that Telenor put an end to them.

However, the Norwegian ISP appealed to the court in Budapest and the latter asked the EUJC during the investigation to find out how to correctly read the European regulation establishing measures relating to open Internet access.

In the summary of the judgment, the ECJ stated that "the requirements of protection of the rights of Internet users and of non-discriminatory treatment of traffic preclude an ISP from favouring certain applications and services by means of offers which make those applications and services benefit from a zero tariff and subject the use of other applications and services to blocking or slowing down measures".

Nevertheless, is the European Court of Justice slashing the zero rating once and for all? Not really: the CJEU's call to order concerns very specifically decisions based on commercial considerations". Where measures to slow down or block traffic are based not on objective differences between the technical requirements in terms of quality of service for specific categories of traffic, but on commercial considerations, such measures are to be regarded, as such, as incompatible with the said provision", writes the CJEU Press Service.

A zero rating on a category of traffic or use may be envisaged by an operator. However, what is prohibited is selective zero rating.

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Source : Numerama

This time, let's do it! Operators who wish to launch into 5G can now apply to the Arcep for frequencies in the 3.4 - 3.8 GHz band. Operators must apply before 12 noon on February 25th 2020.

The regulatory authority will examine the applications and issue authorisations during the first half of 2020. It is expected that the four operators - Orange, SFR, Bouygues Telecom and Free Mobile - will be successful at the end of the award procedure.

As resources are limited, the real question is how many frequencies each applicant will have.

A mixed allocation system has been planned: the frequencies are divided into fixed-price lots and variable-price lots, which will be determined by auction. The fixed-price lots each contain a 50 MHz block, while the variable-price lots consist of a 10 MHz block. An operator must apply for at least 40 MHz and is not allowed to have more than 100 MHz.

Fixed price blocks are sold for EUR 350 million each. The others start at EUR 70 million.

However, the government does not intend to squeeze the candidates and a certain flexibility in the purchase of frequencies is thus provided for: the 10 MHz blocks can be paid for over 4 years and the 50 MHz blocks over 15 years - this is the duration of the allocation of frequencies. This is the duration of the frequency allocation, which may be extended if necessary.

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Source : Numerama