Click here to download the Telecoms and media 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 27 jurisdictions are covered in this report:

Brazil; Chile; China; Cyprus; Czech Republic; European Union; Greece; India; Indonesia; Ireland; Italy; Japan; Kenya; Korea; Malta; Mexico; Nigeria; Portugal; Russia; Serbia; Singapore; Switzerland; Taiwan; Thailand; United Arab Emirates; United Kingdom; United States

Questions

The set of questions relating to the topic of telecoms and media and answered by the guide for each jurisdiction covered include:

Communications policy

• • Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?
• • Describe the authorisation or licensing regime.
• • Do spectrum licences generally specify the permitted use or is permitted use (fully or partly) unrestricted? Is licensed spectrum tradable or assignable?
• • Which communications markets and segments are subject to ex-ante regulation? What remedies may be imposed?
• • Is there a legal basis for requiring structural or functional separation between an operator’s network and service activities? Has structural or functional separation been introduced or is it being contemplated?
• • Outline any universal service obligations. How is provision of these services financed?
• • Describe the number allocation scheme and number portability regime in your jurisdiction.
• • Are customer terms and conditions in the communications sector subject to specific rules?
• • Are there limits on an internet service provider’s freedom to control or prioritise the type or source of data that it delivers? Are there any other specific regulations or guidelines on net neutrality?
• • Is there specific legislation or regulation in place, and have there been any enforcement initiatives, relating to digital platforms?
• • Are there specific regulatory obligations applicable to NGA networks? Is there a government financial scheme to promote basic broadband or NGA broadband penetration?
• • Is there a specific data protection regime applicable to the communications sector?
• • Is there specific legislation or regulation in place concerning cybersecurity or network security in your jurisdiction?
• • Is there specific legislation or regulation in place, and have there been any enforcement initiatives in your jurisdiction, addressing the legal challenges raised by big data?
• • Are there any laws or regulations that require data to be stored locally in the jurisdiction?
• • Summarise the key emerging trends and hot topics in communications regulation in your jurisdiction.

Media

• • Summarise the regulatory framework for the media sector in your jurisdiction.
• • Do any foreign ownership restrictions apply to media services? Is the ownership or control of broadcasters otherwise restricted? Are there any regulations in relation to the cross-ownership of media companies, including radio, television and newspapers?
• • What are the licensing requirements for broadcasting, including the fees payable and the time-scale for the necessary authorisations?
• • Are there any regulations concerning the broadcasting of foreign-produced programmes? Do the rules require a minimum amount of local content? What types of media fall outside this regime?
• • How is broadcast media advertising regulated? Is online advertising subject to the same regulation?
• • Are there regulations specifying a basic package of programmes that must be carried by operators’ broadcasting distribution networks? Is there a mechanism for financing the costs of such obligations?
• • Is new media content and its delivery regulated differently from traditional broadcast media? How?
• • When is the switchover from analogue to digital broadcasting required or when did it occur? How will radio frequencies freed up by the switchover be reallocated?
• • Does regulation restrict how broadcasters can use their spectrum?
• • Is there any process for assessing or regulating media plurality (or a similar concept) in your jurisdiction? May the authorities require companies to take any steps as a result of such an assessment?
• • Provide a summary of key emerging trends and hot topics in media regulation in your country.

Regulatory agencies and competition law

• • Which body or bodies regulate the communications and media sectors? Is the communications regulator separate from the broadcasting or antitrust regulator? Are there mechanisms to avoid conflicting jurisdiction? Is there a specific mechanism to ensure the consistent application of competition and sectoral regulation?
• • How can decisions of the regulators be challenged and on what bases?
• • Describe the main competition law trends and key merger and antitrust decisions in the communications and media sectors in your jurisdiction over the past year.