1. COMPETITION - McCarthy Tétrault

It should be noted that while the Resolution does not require a telecom
permit for use of Wi-Fi equipment, importers or manufacturers of such
goods must obtain a certificate from Subtel attesting that they sufficiently
comply with Chilean technical requirements.
Subtel's Resolution is concordant with its policies to encourage new
technologies and to increase free competition among different operators in
the market. Additionally, Subtel has indicated that it is evaluating the use of
Wi-Fi technology in open areas.
As a result of the Resolution, five companies to date are providing Wi-Fi
services in Chile, and many others are expected to soon follow.
For more information please contact: asilva@carey.cl,
msanhueza@carey.cl or nbakovic@carey.cl
HK
REGULATION OF CHANGE OF
SHAREHOLDINGS OF TELECOM COMPANIES
The Telecommunications Ordinance has been amended to give the
Telecommunications Authority (the "Authority") power to regulate the
change of carrier licensees' shareholdings. The amendment was passed
on 18th July 2003, but its principal provisions will take effect at a later date
as determined by the Secretary for Commerce, Industry and Technology.
The Authority also issued draft guidelines on 4th August 2003 to explain
how it will enforce the amended provisions. The guidelines are available
for public consultation until 29th September 2003.
Once the new rules enter force, any person who intends to own a
significant equity share in a telecom carrier will need to consider both the
effects on competition in the telecom market and whether consent from the
Authority is required.
For more information visit: http://www.ofta.gov.hk/report-paperguide/paper/consultation/cp20030804.pdf
or please contact: dae@jsm.com.hk
HK
TELECOM SERVICE OPERATORS'
ACCESS TO PRIVATE BUILDINGS
TELECOM OPERATORS' RIGHT OF ACCESS
Telecom operators may access private buildings only to install and
maintain facilities that are necessary to provide services to building
residents. Operators may access only the common parts of buildings, and
may not carry on marketing and promotional activities in buildings.
Before entering a building, a telecom operator should obtain prior
permission from building management. Without such permission, building
management may take action against the telecom operator for
unauthorized entry and/or nuisance. If building management refuses to
grant access upon request, the telecom operator can:
• approach the Office of the Telecommunications Authority for
mediation;
• apply to a magistrate for an order requiring building management to
comply; or
• apply to the Telecommunications Authority for a certificate certifying
that it has a statutory right of access.
TELECOM OPERATORS' OBLIGATIONS
The telecom operator is required to:
• cause as little damage as possible to the building;
• pay the full cost of installation; and
• pay the electricity bill for the power supply to their equipment (unless
building management agrees otherwise).
COORDINATOR FOR TELECOM OPERATORS
In the event that there is more than one telecom operator interested in
accessing the same building, one of these telecom operators should be
appointed as a coordinator to lease with building management.
The coordinator's main responsibilites are to:
• work out a consolidated proposal;
• coordinate installation work to minimize disruption to residents; and
• act as one contact point among the Office of the Telecommunications
Authority, building management, and the telecom operators involved.
Points to note by the building's incorporated owners and office of building
management
Although telecom operators are entitled to access the common parts of
buildings, those parts remain the property of land managed by building
management. Accordingly, as long as the telecom operators' statutory right
of access is not curtailed or inhibited, building management may, in good
faith, negotiate with telecom operators as to the technical and operational
details of the access. Guidelines suggest the following:
Before commencement of installation or maintenance work, building
management should:
• provide relevant building drawings and layout plans of the common
parts, if available, to the telecom operator;
• respond promptly to the telecom operator's request for site visits within
14 days upon receipt of a written request from the telecom operator,
and give at least 5 working days advance notice to the telecom
operator of the agreed date of the site visit;
- obtain a consolidated proposal which contains all the requirements of
the telecom operator;
• review the proposal by considering the date and time for carrying out
the relevant work, the arrangement for workmen to access the
building, the installation method and location of the equipment, and the
arrangement for operation and maintenance of the equipment in
future; and
• confirm with the telecom operator the acceptance of the proposal, and
provide a start-date for the relevant work.
After installation or maintenance work is commenced, building
management should:
• permit and assist the telecom operator to access the common parts of
the building and the in-building telecommunications system in order to
install the required equipment; and
• make available space in the common parts and the in-building
telecommunications system to the telecom operator.
Overall, building management should NOT:
• impose any fees, deposit, or access charge on the telecom operator
for access to the building or the use of the common parts of the
building;
• demand that the telecom operator employ the contractor or company
nominated by building management to install the telecom operator's
antenna, cable and/or equipment; or
• limit the choice of technology to be used or predetermine the access
method of the telecom operator.
For more information please contact: dae@jsm.com.hk
ISSUE 22 SEPTEMBER – OCTOBER 2003 14