BT faces court battle over £1.3bn overcharging claim 

News

The case begins today at the Competition Appeal Tribunal (CAT) in London 

 

BT is set to appear in court today to face a class action lawsuit that claims the operator had has “disproportionately overcharged” its historic landline customers. 

The claim, which is backed by over three million claimants, alleges that BT excessively overcharged customers by exploiting their dominant position in the market. It is based on an Ofcom market review in 2016/7, which found that landline-only customers were getting worse value for money than people who purchased bundled services including broadband and/or pay-TV.  

BT subsequently agreed to lower its prices in 2018, but the class action lawsuit was nonetheless launched in 2021 to provide compensation to affected customers. The scope of the lawsuit was later expanded to include BT customers who were paying for landline and broadband services separately and were given a worse price than those that purchased bundles. 

BT has denied that its prices at the time were “anti-competitive” and appealed accordingly. However, this appeal was rejected in May 2022, with the CAT allowing the case to go to trial. 

The lawsuit is momentous, as it is the first class action lawsuit to reach trial since 2015, when the law changed to allow collective legal action to be taken against breaches of competition law.  

The claimants are seeking £300–£400 per person in compensation.  

 “Time really is of the essence,” said lead claimant representative Justin Le Patourel. “More than 40% of our claimants are aged over 70, and over 150 of them are dying every day. It really is vital that BT should refund every one of them as soon as possible.”  

BT, meanwhile, remains firm that it has done nothing wrong and will defend itself in court. 

“We take our responsibilities to our customers very seriously and are dedicated to keeping our customers connected, while helping those who need it most,” said a BT representative in a statement. 

“This claim relates to a technical landline pricing issue which was resolved by Ofcom in 2017. We do not accept that our pricing was anti-competitive back then, and are committed to robustly defending our position at trial.” 

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Also in the news:
South Korean president backs semiconductor mega cluster investment
Malaysia to launch second 5G network alongside DNB
BT signs connectivity deal with Iraqi gas firm

Better Mobile Coverage Getting Closer on East Coast Mainline

The London North Eastern Railway (LNER) has reported that their joint project to deploy new 4G / 5G mobile network infrastructure into train tunnels outside London King’s Cross station has reached a key milestone, with a new (bespoke) antenna being installed inside the Gasworks and Copenhagen tunnels. The project, which is being supported by Network […]

Delays as CityFibre Suspends More UK FTTP Broadband Builds UPDATE

As fibre optic network operator CityFibre continues its drive to reduce costs and boost coverage growth, such as via mergers and acquisitions (here), the news starting to reach us today is that they’ve also taken the decision to “pause” more of their full fibre (FTTP) broadband contracts with UK build partners (contractors). So far the […]

Ofcom Look to Approve BeetleSat’s LEO Broadband Satellites

The UK telecoms regulator, Ofcom, has proposed to grant an Earth Station Network Licence (ESNL) to NSLComm in support of its plans to launch a new global constellation of 264 satellites in Low Earth Orbit (LEO), which could be used to provide broadband to mobile sites (backhaul), as well as military, aviation, maritime and enterprises. […]

Safaricom: Kenya’s new smartphone plant could reduce prices by 30%

News

The factory, a joint venture between Safaricom, TeleOne, and Jamii Telkom, is aiming to produce the cheapest smartphones in Africa

A new smartphone manufacturing facility in Kenya is already making waves, with Safaricom’s CEO Peter Ndegwa suggesting locally built 4G smartphones could be up to 30% cheaper than their imported counterparts.

Speaking on an investor call back in November, Ndegwa said that most of the cost savings from building these phones domestically would be passed on directly to customers, with Safaricom not intending to make major profits from smartphone sales. Instead, he says, the operator will benefit from a more digitally enabled population further down the value chain.

“Our objective with local assembly is to hit price points that allow customers to afford those phones rather than start to make lots of money from assembling phones,” said Ndegwa in a newly published transcript from a call to investors in November. “Our expectation is not to make significant amounts of money on the actual device assembly, but to benefit customers downstream, and therefore increase our ability to monetise that through our existing business.”

The new factory, called East Africa Device Assembly Kenya Limited and built just outside of Nairobi, has an initial production capacity three million mobile phone units annually, a total that Ndgwa says could be tripled in future to meet demand.

The plant itself is the brainchild of Kenyan president William Ruto, who took office in September 2022 on a platform focussed largely on the country’s digital transformation, including the wider availability of digital devices at affordable prices. Part of this strategy included increasing domestic tech production, aiming to reduce the price of 4G smartphones to around $50 and below.

“We want to see if we can get it to Ksh.3,654 ($30) or Ksh.4,872 ($40),” said President Ruto, speaking in November 2022. “I want to promise the country that in the next 8 to 12 months we will have the cheapest smartphone in Africa, manufactured in Kenya.”

By May 2023, the Kenyan government had devised a formal plan alongside the nation’s telcos, who banded together to develop the factory as a joint venture.

It was launched officially in October last year, set to produce 1.2 million smartphones in its inaugural year.

The factory’s operations could not come at a more crucial time for Kenya. Imported smartphone prices have increased significantly over the last year as the result of new import tax laws combining with a crackdown on tax evasion. Smartphone shortages have become commonplace, driving up prices yet further as demand continues to climb.

Despite mobile phone usage being largely ubiquitous in Kenya, only around 60% of the population use 4G-capable smartphones, leaving enormous swathes of the population cut off from the digital economy.

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Also in the news:
Nokia braces for mobile market slump
CMA launches investigation into Vodafone–Three merger
Etisalat by e& launches new FTTH plans

The path is clearing for Europe to adopt 5G-Advanced

Viewpoint

Futureproofing 5G with 6GHz spectrum

Mid-band spectrum – the frequencies in the 1GHz–6GHz range – have always been of paramount importance to 5G. Offering the perfect blend of coverage, speed, and capacity, mid-band spectrum provides operators with a cost-effective 5G deployment option that is still capable of delivering all the latest 5G experiences for their customers.

The availability of additional mid-band spectrum, however, is growing slim. Mobile data consumption is growing steadily as is the proliferation of new data-hungry 5G use cases, both in the enterprise and consumer segments. The GSMA currently estimates that each country will require around 2 GHz of mid-band spectrum by the end of the decade – far more than is currently available to the world’s mobile operators.

To this end, the International Telecom Union (ITU) recently announced at the World Radiocommunication Conference 2023 that it had allocated new spectrum bands to be used for 5G: the 470–694 MHz and 3.3–3.8 GHz bands in the EMEA region, and the 6.425–7.125 GHz band for use globally. With this new spectrum, the ITU said it would be easier to provide a ‘clear roadmap’ for the evolution of 5G and the development of its next iteration: 5G-Advanced.

Of these new spectrum bands, the 6GHz spectrum is by far the most interesting. With technical conditions now globally harmonised, this additional spectrum will provide operators with the midband capacity they need to further expand their rollout plans.

In fact, operators around the world have been crying out for access to 6GHz spectrum for 5G for some time. According to the GSMA, countries representing roughly 60% of the global population have requested access to this spectrum through various channels.

Similarly, numerous major players in the telecoms ecosystem have been carrying out interoperability tests with this spectrum in anticipation of its allocation. In July last year, TIM Brasil and Huawei, for example, have tested the implementation of 5G within the 6GHz spectrum in Rio de Janeiro from open area to in-building locations, reaching gigabits per second. MediaTek and Ericsson also notably completed 5G NR data calls over 6GHz using a prototype test device from MediaTek and an Ericsson base station in November last year.

With 6GHz now set to become a 5G reality, the path to 5G-Advanced is beginning to clear.

European operators press forward in the search for greater speeds with 5G-Advanced

Europe’s 5G journey so far has been steady. While not achieving same the levels of coverage and adoption seen in countries like China, South Korea, and the US, the rollout has nonetheless been impressive, with coverage exceeding 81% of the European population at the end of 2022. But as the technology continues to mature and new use cases emerge – from extended reality (XR) to broadband IoT – European operators must be careful not to fall further behind their international rivals as focus shifts towards 5G-Advanced (and later 6G).

Naturally, the newly released 6GHz spectrum will play a major role in this journey, as will so-called mmWave spectrum (24GHz–300GHz), both of which offer far greater speeds than is currently available with existent low-band and mid-band spectrum.

Exploration of the increased speeds available from incorporating 6GHz spectrum and mmWave –as well as the adoption of 5G Advanced technology and standards – has already begun. Deutsche Telekom, for example, tested 6GHz transmissions back in September, achieving downlink speeds of 11Gbps, which increased to 12Gbps when bundled with 3.6GHz spectrum. In another example, DNA in Finland conducted their own tests of 5G-Advanced technology late last year, reaching speeds of over 10Gbps on a commercial network.

These are speeds over ten-times greater than currently available over commercial 5G networks, giving operators a wealth of new commercial opportunities, from exciting consumer use cases in the XR space to enhanced Fixed Wireless Access (FWA) propositions delivering a fibre-like experience for home broadband customers.

At a time when most operators around the world are still struggling to monetise 5G effectively, the speed boost delivered by 5G-Advanced could help the technology finally live up to the hype.

10Gbps 5G-Advanced: A commercial reality in 2024?

With testing progressing so rapidly, commercialisation of 5G-Advanced seems imminent, particularly for more advanced 5G nations.

In mainland China, numerous pilot projects leveraging 5G-Advanced are already underway, including glass-free 3D, RedCap, and Internet of Vehicles (IoV) technology. In Hong Kong, HKT have already deployed 10Gbps 5G across an entire business district, as well as using a 5G- Advanced network to support the live broadcast of the Victoria Harbour fireworks show. And, in the Middle East, 10Gbps speeds have already been achieved in countries including Saudi Arabia, Kuwait, and the UAE. In the latter, leading mobile operator du has even demonstrated a 5G-Advanced villa, using FWA to deliver speeds of over 10Gbps throughout the home.

Clearly, the operators desire for rapid 5G-Advanced commercialisation is strong, and this feeling is supported by the wide range of 5G-Advanced products already beginning to come to market. One of the most notable these comes from China’s MeiG, which announced the launch of the world’s first 5G-Advanced FWA solution last year, supporting both sub-6GHz and mmWave spectrum. The company’s related MiFi solution SRT873 and 5G-A ODU solution SRT853MX achieved download speeds of 10Gbps on an experimental network, and uplink speeds of 3Gbps.

While it is still early days for 5G-Advanced, all signs seem promising that customers will be able to enjoy 10Gbps services before the end of 2024.

The toll of antidumping measures on Europe’s 5G and FTTH ambitions

Viewpoint

In the race towards a technologically advanced future, Europe finds itself at a crossroads marked by a stark reality—its 5G uptake of a mere 2.5% as of Q4 2021 pales in comparison to the robust strides made by North America, China, Japan, and South Korea. While optimistic projections suggest a future surge in adoption, the continent faces a persistent challenge in lagging behind its global counterparts. However, on the Fibre-to-the-Home (FTTH) front, the latest market figures unveil a promising trajectory aligned with the ambitious connectivity targets set by the European Commission for 2030. However, given the recent antidumping measures taken against India, maintaining the affordability and accessibility of broadband throughout Europe appears to be a challenging endeavour.

Antidumping Regulation Overhaul: Europe’s Steadfast Decision

Europe’s antidumping regulations can have potential repercussions on the deployment of 5G and Fibre-to-the-Home (FTTH) infrastructure. The European Commission, in its pursuit of shielding domestic industries, imposes protection tariffs on imports, necessitating a thorough investigation under specific conditions. The antidumping measures, ostensibly protecting the local industry, carry a heavy toll on the broader European landscape. The consequences extend beyond economic nuances, impacting the very fabric of the digital ecosystem. As prices soar due to increased tariffs, consumers are set to bear the brunt of heightened costs, hindering their ability to partake in the evolving digital landscape. The impediments arising from antidumping measures further widen the digital divide, with customers unable to fully experience the transformative potential of 5G and FTTH technologies.

The impact is not only economic but also societal. With the average price of high-speed internet (60 Mbps or more, unlimited data, cable/ADSL) and monthly utilities in Europe reaching 33.11 euros, the escalated expenses stemming from antidumping measures compound the existing challenges. Moreover, the anticipated rise in costs for fixed broadband, a vital element for 5G and FTTH is expected to be prevalent across most European countries, with nations like Portugal, Greece, and Croatia facing particularly steep internet charges. This economic strain on consumers and businesses alike jeopardizes the widespread adoption and seamless integration of advanced telecommunications technologies.

While the intent behind antidumping measures is to fortify domestic industries, the unintended consequences cast a shadow over Europe’s journey towards 5G and FTTH deployment. The delicate balance between protecting local markets and fostering innovation necessitates a nuanced approach to trade policies, ensuring that the pursuit of economic safeguarding does not inadvertently impede the digital future that the continent aspires to embrace.

What is stopping FTTH/5G adoption in Europe?

Price Sensitivity in Broadband Adoption

The affordability factor significantly influences the adoption of advanced broadband technologies. A substantial price gap between Fibre-to-the-Home (FTTH) and legacy broadband, such as ADSL and FTTC, directly impacts the rate of adoption. Similarly, a significant difference in price between fibre and mobile broadband can lead some customers to choose mobile-only options.

Challenges in Infrastructure Deployment

Deploying FTTH and 5G infrastructure demands substantial investments in laying fibre optic cables and constructing a robust network of cell towers. The formidable upfront costs can pose a deterrent for both private companies and public entities, limiting the scope of widespread implementation. Additionally, stringent policies and antidumping measures may lead to delays in the development of fiber infrastructure as the highest standards of optical fiber cables become less readily available.

Regulatory Hurdles:

Europe comprises multiple countries, each with its own set of regulations. Navigating this complex regulatory landscape can be challenging for telecommunication companies, slowing down the deployment of FTTH and 5G infrastructure.

Consumer Awareness and Demand:

Many consumers may not fully understand the benefits of FTTH and 5G technologies. Lack of awareness about the advantages, such as higher speeds and reliability, can result in a slower adoption rate. Existing broadband technologies like DSL and cable may still meet the needs of some users, reducing the perceived urgency for transitioning to FTTH.

Affordability:

The price gap between legacy broadband technologies and FTTH can be a significant barrier. Consumers, particularly in economically diverse regions, may be hesitant to pay higher prices for advanced services. Socio-economic differences among European countries can impact the ability of certain regions to invest in and adopt advanced telecommunication technologies.

Competition and Overbuilding:

In some regions, the absence of robust competition among service providers may lead to complacency, reducing the incentive for rapid FTTH/5G deployment. Overlapping infrastructure by multiple providers in densely populated areas can lead to inefficiencies.

Understanding and optimizing deployment in such scenarios is crucial.

Rural and Remote Challenges:

Rural and remote areas often face difficulties in getting access to high-speed internet due to the cost and logistics associated with laying fibre or establishing 5G infrastructure in sparsely populated regions. Some regions may still heavily rely on legacy infrastructure, making the transition to FTTH and 5G a more complicated and time-consuming process.

Global Positioning:

Europe faces strong international competition, and the lag in FTTH and 5G adoption can impact the region’s global standing in terms of technological innovation and competitiveness. The commitment of governments to support and invest in FTTH and 5G infrastructure plays a pivotal role. Political stability and will are critical factors in driving widespread adoption.

Following measures can be taken to secure Europe’s global leadership in digital advancement.

Strategic Alliances with Global Leaders in Optical Fibre Manufacturing:

The import of optical fibre and cables has played a significant role in bridging the digital divide in Europe. Optical fibre cables have transformed the landscape of the telecommunications sector, facilitating high-speed internet connections, streamlined data transfer, and the establishment of reliable communication networks. According to the IndexBox market intelligence platform, the United Kingdom stands in fourth place with an import value of $578.9 million in 2022, while France ranks fifth on the list, importing optical fibre cables worth $462.9 million in 2022. The European optical fibre cable industry is key to the EU’s digital sovereignty because optical fibre cables are crucial for the transition to advanced broadband telecommunication networks for homes and businesses in the EU. Therefore, it becomes imperative to contemplate the removal of antidumping regulations for optical fibres. Lifting such measures can potentially foster strategic alliances with global leaders in optical fibre manufacturing, ensuring seamless access to cutting-edge technologies and bolstering the transition to advanced broadband telecommunication networks across homes and businesses in the EU.

Advocating for Government Support:

To address the scarcity of 5G/FTTH, a unified effort is required from both the public and private sectors. urging governments to provide substantial support for the expansion of digital infrastructure. Strategic investments in research and development, coupled with targeted incentives for telecommunications companies, can pave the way for a comprehensive and widespread rollout of 5G and FTTH networks.

Mitigating Inflationary Pressures:

While the path to enhanced connectivity requires investments, the concern over potential inflationary pressures cannot be ignored. To address this, a collaborative approach should be taken where industry leaders, regulators, and consumer advocates work together to find a delicate balance. Implementing transparent pricing models, fostering healthy competition, and exploring innovative funding mechanisms can help mitigate the risk of inflation while ensuring the sustainability of the telecommunications industry.

Highlighting Global Success Stories:

To bolster the case for strategic investments, it is essential to showcase success stories from regions that have effectively tackled similar challenges. Countries that have prioritized and invested in digital infrastructure have not only realized economic benefits but have also positioned themselves as leaders in the global digital economy. These examples serve as compelling evidence that a forward-looking approach to connectivity is a cornerstone of success.

Conclusion

The EU must understand that cheap prices do not always equal broad availability or high bandwidth. Despite progress, the EU faces internal disparities, with each country grappling with its unique set of challenges. The United Kingdom and France, while making significant imports, still contend with issues of affordability and accessibility, revealing the intricacies of the digital divide. The affordability question extends beyond the dollar signs associated with gigabytes. Political will plays a crucial role in driving connectivity initiatives, but mere promises fall short of addressing the multifaceted challenges that hinder universal access.

The mindset entrenched in the status quo poses a formidable barrier to change, emphasizing the need for a comprehensive approach to bridge the digital chasm. As technology races ahead, political will must be coupled with a nuanced understanding of the interconnected challenges posed by speed, rural access, income disparities, and regulations. There is a need for governments, industry leaders, and advocacy groups to collaborate in charting a course toward a digitally connected future.

Verizon and AT&T release financial results as market spending slackens 

News 

The two firms have released their financial results for Q4 of 2023, both of which reflect current market conditions 

Verizon have released their annual earnings report, in which total revenue for 2023 stood at $134 billion, a 2.2% year-on-year decrease. Operating profit fell around 25% to $22.9 billion, and net profit decreased by 44% to $12.1 billion. 

In Q4, the firm reported a loss of $2.57 billion, and earnings per share down to 64 cents, having been heavily impacted by Verizon’s writ down of its business division by $5.8 billion earlier this month. In a statement last week, the company said this was due to a decline in demand, as well as “continuing competitive and macroeconomic pressure.” 

Capital expenditure (capex) last year totalled $18.8 billion, which is down significantly from the $23.1 billion spent the year before. Verizon says thy expect this shrink in capex to continue for the coming year, aiming for between $17 billion and $17.5 billion,  a year-on-year reduction of between 6.9% and 9.6%. 

“2023 was a year of change. We have the right assets and the best team in place and are well-positioned for growth in 2024,” said Verizon Chairman and CEO Hans Vestberg in the accompanying press release. 

More positively, wireless service revenue rose to $76.7 billion, an increase of 3.2% on 2022 figures. Additionally, fixed wireless net additions for 2023 were up over 31% year-on-year, which the company say reflect the increased demand driven by the strength and reliability of the product. 

The full earnings report can be accessed here. 

While Verizon’s results appear somewhat gloomy, the problem is indeed market wide. This week, after the release of its Q4 results, Ericsson President and CEO Börje Ekholm said that the company “expects the market outside China to further decline, with similar uncertainties as experienced in 2023.”  

AT&T have also released their financial results for Q4 and the year 2023, which looked a little brighter. Revenue increased 2.2% year-on-year $32 billion, exceeding expectations. 2023 revenues stood at $122.4 billion, up by 1.4%, and its adjusted operating profit for last year was $24.7 billion, up 5% year-on-year. However, shares dropped 3.8% this morning after the Q4 earnings missed analyst expectations. 

“We accomplished exactly what we said we would in 2023, delivering sustainable growth and consistent business performance, resulting in full-year free cash flow of $16.8 billion, ahead of our raised guidance,” said CEO John Stankey.  

“As we advance our lead in converged connectivity, we will continue to scale our best-in-class 5G and fiber networks to meet customers’ growing demand for seamless, ubiquitous broadband, and drive durable growth for shareholders,” he continued. 

The full earnings report can be found here. 

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Also in the news:

South Korean president backs semiconductor mega cluster investment
Malaysia to launch second 5G network alongside DNB
BT signs connectivity deal with Iraqi gas firm

Millicom offloads 1,100 Colombian towers to KKR

News

The sale-and-leaseback deal was agreed for an undisclosed sum

This week, Millicom’s subsidiary Tigo Colombia has agreed to sell around 1,100 of its mobile towers to US investment firm KKR.

The towers will be managed by KKR in partnership with NEXO LatAm, the digital infrastructure platform that manages KKR’s fibre investments throughout Latin America.

Tigo itself will continue to make use of the divested towers for its mobile network via a long-term leasing agreement with KKR.

The financial details of the deal were not revealed.

“This transaction enhances our operational and capital efficiency in Colombia, with long-term lease obligations denominated in Colombian pesos, consistent with our objective of increasing our proportion of financing in local currency,” said Millicom’s CEO Mauricio Ramos.

KKR already owns significant infrastructure assets in Latin America, primarily in partnership with Spanish telecoms giant Telefonica, with whom it jointly owns fibre networks in Colombia, Brazil, Peru, and Chile.

“KKR seeks to develop the telecommunications industry in Latin America through best-in-class mission-critical assets such as fiber, towers and small cells. This acquisition – along with KKR’s fiber investments in Chile, Colombia and Peru – underscores KKR’s commitment to its digital infrastructure platform in LatAm. This important agreement with Tigo is in line with our strategy of long-term partnerships with leading companies in the region,” said Waldemar Szlezak, a partner on KKR’s Infrastructure team.

In fact, KKR’s interest in telecoms infrastructure extends far beyond Latin America. The company is currently in the process of purchasing Italian incumbent operator TIM’s spun-off fixed network assets for roughly €22 billion. The deal, which had been in discussion for over a year, finally received approval from the Italian government earlier this month.

The deal is subject to typical regulatory approvals.

Keep up with all the latest telecoms news from around the world with Total Telecom’s daily newsletter

Also in the news

South Korean president backs semiconductor mega cluster investment
Malaysia to launch second 5G network alongside DNB
BT signs connectivity deal with Iraqi gas firm

Scotland to evaluate R100 fibre broadband project 

News 

The project has been subject to many delays, with the target date being pushed back seven years 

The Scottish government has issued a new contract notice to begin an evaluation study to assess the value for money of the country’s R100 (Reaching 100% superfast broadband”) project. 

The R100 scheme aims to improve the connectivity of some of Scotland’s most rural communities, many of which have been overlooked by previous public and private broadband investment schemes. At the outset of the project, R100 was aiming to improve the connectivity of around 180,000 premises that had been identified as having broadband slower than 30Mbps.  

The project is backed by roughly £600 million from the Scottish government, with a further £49.5 million from the UK government’s Project Gigabit and £54.1 million in private investment from BT. 

Progress towards this goal, however, has been slow. To date, the project has only provided 42,000 premises with fibre-to-the-premise technology and aims for another 114,000 premises by 2028.  

As a result, the Scottish government wants to know whether it is getting its money’s worth from the project. According to the notice details, the study will evaluate the “Value for Money of this programme in terms of understanding the social, economic, environmental and other benefits to households, businesses and communities of improvements in broadband connectivity and speed.”  

Unfortunately, the project has been subject to multiple delays, partly due to bidding disputes between BT and Gigaclear. This week, MSP Douglas Lumsden voiced his concerns on the project in parliament, describing it as an “abject failure” because the original 114,000 target, which was originally set at 2021, has now been pushed back to 2028. Only 29% of the targeted premises have so far been reached, a figure that falls as low as 15% in the North Scotland and the Highlands segment of the project. 

“The figures for the number of connected properties from R100 are shambolic and his [Humza Yusuf] delusional response will be a slap in the face to the rural communities who are depending on faster broadband,” continued Lumsden in the Scottish Parliament, adding that First Minister Humza Yousaf is “in complete denial if he believes the R100 scheme has been a success”. 

Join in the conversation about Northern British broadband coverage at this year’s Connected North – get your tickets now! 

Also in the news:

South Korean president backs semiconductor mega cluster investment
Malaysia to launch second 5G network alongside DNB
BT signs connectivity deal with Iraqi gas firm