the connected continent proposals and the network access contract
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The Connected Continent proposals and the Network Access Contract. Mike Conradi, Partner, DLA Piper LLP [email protected] MVNODynamics Event May 2014. Connected Continent (1). Includes elements potentially impacting on MVNOs Single EU authorisation - PowerPoint PPT PresentationTRANSCRIPT
The Connected Continent proposals and the Network Access Contract
Mike Conradi, Partner, DLA Piper [email protected]
MVNODynamics Event May 2014
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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
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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.
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The template access agreement
Practical Law Company - leading legal publisher The Mobile Virtual Network Operator template contract
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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.
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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’s customers have different profile to MNO's
No-poaching the MNO should not use information about
the MVNO and its customers to poach the MVNO’s retail customers
Top 6 issues (2)
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Questions?
Mike Conradi
Partner, DLA Piper LLP
+44 20 7796 6603