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The Connected Continent proposals and the Network Access Contract

The Connected Continent proposals and the Network Access Contract. Mike Conradi, Partner, DLA Piper LLP mike.conradi@dlapiper.com MVNODynamics Event May 2014. Connected Continent (1). Includes elements potentially impacting on MVNOs Single EU authorisation

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The Connected Continent proposals and the Network Access Contract

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  1. The Connected Continent proposals and the Network Access Contract Mike Conradi, Partner, DLA Piper LLP mike.conradi@dlapiper.com MVNODynamics Event May 2014

  2. Connected Continent (1) • Includes elements potentially impacting on MVNOs • Single EU authorisation • may actually increase the burden for some MVNOs – because based on the requirements of their "home state" and some home states require much more than others • Net Neutrality • may make it illegal to offer eg "Facebook content is free" deals as part of an MVNO's strategy

  3. Connected Continent (2) • Currently 3rd roaming regulation requires MNOs to offer network access on reasonable terms, to roaming providers (covers MVNOs) and they must publish a “reference offer” Guidance: • Should include a Service Level Agreement, with guarantees; • The MNO can’t ask for unnecessary information ; • Can’t penalize the MVNO for failing to meet traffic forecasts • Current Proposals are either to incentivise MNOs to offer "roam like at home" or else to prohibit roaming charges within the EU altogether. • Either way the above elements may be revoked / become redundant.

  4. The template access agreement • Practical Law Company - leading legal publisher • The Mobile Virtual Network Operator template contract

  5. Top 6 issues (1) • Is there a minimum revenue or volume commitment? • May be very risky. Volume commitments would at least allow for dropping prices. • Benchmarking of wholesale prices? • will be especially important if there is a revenue/volume commitment. • Exit / transfer assistance at the end of the contract? • Without this then no matter how successful the MVNO it will be much weaker on renegotiation.

  6. Top 6 issues (2) • Who will own/control the number range? • If not the MVNO then the MNO should be obliged to assist with porting the range • Non-discrimination • the MNO should not prefer its own customers – relevant if MVNO’scustomers have different profile to MNO's • No-poaching • the MNOshould not use information about the MVNO and its customers to poach the MVNO’s retail customers

  7. Questions? [insert picture] Mike Conradi Partner, DLA Piper LLP mike.conradi@dlapiper.com +44 20 7796 6603

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