Telecoms

Netherlands

Telecommunications affect our daily lives. The increasing convergence of technologies and applications will cause this influence to grow further in the future. Telecommunications are developing not only in the area of communication between persons, but also between devices themselves such as payment by mobile phone, smart energy meters and navigation.

These developments mean that there will be an ever greater need for the scarce resources that telecommunications use. Unbridled access to these resources encourages the development of new opportunities, but at the same time forms a threat to existing market parties and business models.

Besides infrastructure aspects such as the operation, access and neutrality of networks, telecommunications law is also closely bound up with the contents and form of the services provided over the networks. Control and the efficient management and operation of networks on the one hand are at odds with the right to privacy and network neutrality on the other hand. As part of the international CMS organization, CMS has a separate practice group for telecommunications.

The Telecommunications practice group at CMS consists of a large number of specialist lawyers working from 54 offices in 29 countries, including Central and Eastern Europe. In a sector characterized by fast technological developments and the associated European and national market regulation, in-depth knowledge of the sector is indispensable. Thanks to its geographical distribution, the CMS Telecommunications Group is able to use the knowledge and experience it has acquired elsewhere in Europe at a national and international level. In the Netherlands the telecommunications practice group comprises four specialist lawyers, who advise market parties in court proceedings and assist them in a range of areas, including:

  • Access and interconnection to network and media platforms
  • Pricing regulation
  • Market analysis decisions/market regulation
  • Privacy laws and consumer protection
  • Building and environmental permits for installing UMTS antennas and masts
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Jan 2019
Di­git­al - In­fra­struc­ture for our 'Con­nec­ted Fu­ture'
560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?key=a3cd30054497124b4d079c905c010255&unique_key=0949694a14ffd61513353f2359b3a177&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://499630With di­git­al in­nov­a­tion now firmly at the fore­front of our every­day life, in­terest in the sup­port­ing in­fra­struc­ture has come sharply in­to fo­cus. Al­though we have spent much of the re­cent past seek­ing ever-in­creas­ing ca­pa­city from ex­ist­ing in­fra­struc­ture, it is clear that the latest and most hotly-cited in­nov­a­tions will most likely see us cycle back to con­nectiv­ity as the key en­a­bler of in­fra­struc­ture de­vel­op­ment.There is no de­bate that fibre reigns su­preme when it comes to through­put. The team at eu­N­et­works puts this as well as any­one – “fibre is and will re­main the only scal­able eco­nom­ic solu­tion provid­ing the cru­cial un­der­ly­ing found­a­tion to an in­creas­ingly con­nec­ted and band­width hungry world”. This is equally im­port­ant re­gard­less of the plat­form con­sidered, be it fibre-to-the-premises (FT­TP), 5G or fixed wire­less – with each equally re­li­ant on a well-con­nec­ted and di­verse fibre in­fra­struc­ture.Re-ori­ent­at­ing the ap­proach to in­fra­struc­ture growth is a chal­lenge. After years of tech­no­lo­gic­ally driv­en in­cre­ment­al ex­pan­sions of band­width, it seems it is ex­tremely dif­fi­cult to se­cure the fo­cused in­vest­ment needed to scale up con­nectiv­ity to meet the needs of mod­ern di­git­al in­nov­a­tion. A step-change is needed, but un­der­pinned by an aligned reg­u­lat­ory frame­work, strategy and ap­proach. It is far from clear though wheth­er these three found­a­tions are in place. Brief con­sid­er­a­tion of oth­er in­fra­struc­ture-in­tens­ive mar­kets, and the ex­per­i­ence of many oth­er European coun­tries, might lead to the view that a util­ity-style ap­proach provides an an­swer. It cer­tainly would help ad­dress some of the short­falls left from the pre­vail­ing, at least in the UK, com­pet­i­tion-based ap­proach to in­fra­struc­ture de­vel­op­ment.Big­ger pic­ture, mov­ing from a ver­tic­al in­teg­ra­tion struc­ture of the in­dustry to a util­ity-based and open ac­cess mod­el would al­low reg­u­lat­ory fo­cus to move up the lad­der and com­pet­it­ive forces to move down, fa­cil­it­at­ing in­nov­a­tion at the re­tail level. With care­ful plan­ning and fore­thought, the con­sist­ent and long-term rate of re­turn of the reg­u­lated util­ity style own­er / op­er­at­or be­comes in­creas­ingly at­tract­ive to in­vestors, driv­ing in­vest­ment in­to the mod­el. Can we oth­er­wise meet our con­nectiv­ity as­pir­a­tions over the next 20 years?This re­port is one of four sup­ple­ments, ex­pand­ing on the find­ings of our 2018 Con­nec­ted Fu­ture re­port and our 2017 CMS In­fra­struc­ture In­dex. The 2019 In­fra­struc­ture In­dex will be avail­able at the end of 2019.
Nov 2018
Con­nec­ted Fu­ture
560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?key=a8d8553d4185acef53d102b90db01f48&unique_key=8885df075a330c452b818560c155d609&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://499625Kristy Duane - Con­nec­ted Fu­tureeznode://469975Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it is de­term­in­ing the emer­gence of new as­set classes like char­ging points for elec­tric vehicles.The start­ing point of our jour­ney will be di­git­al, which is provid­ing the back­bone for di­git­al­isa­tion of the eco­nomy. While 4G – the fourth gen­er­a­tion of mo­bile phone tech­no­logy – has already wit­nessed ro­bust deal flow, the ad­vent of 5G is set to lay the found­a­tions for a huge range of in­nov­a­tion.Mov­ing to en­ergy, stor­age tech­no­lo­gies, par­tic­u­larly bat­ter­ies, are provid­ing a wide range of flex­ible ser­vices re­quired in our in­creas­ingly de­cent­ral­ised, dis­trib­uted and in­ter­mit­tent elec­tri­city sys­tems.Mean­while in the trans­port sec­tor, long held as a corner­stone of in­fra­struc­ture in­vest­ment, the smart mo­bil­ity re­volu­tion gath­ers pace. The rise of elec­tri­fied, con­nec­ted and autonom­ous vehicles is likely to rep­res­ent the most sig­ni­fic­ant trans­form­a­tion of trans­port since the in­ven­tion of steam lo­co­mot­ives and in­tern­al com­bus­tion en­gines in the 19th cen­tury. In­vest­ment in cy­ber se­cur­ity is re­quired, as trans­port in­fra­struc­ture will be­come vul­ner­able to se­cur­ity at­tacks. As our re­port ex­am­ines in de­tail, not all coun­tries are re­cept­ive to tech­no­logy in­nov­a­tions to the same de­gree, thereby of­fer­ing few­er op­por­tun­it­ies. In Europe, the UK is firmly se­cur­ing its role as a glob­al hot­bed of in­fra­struc­ture in­nov­a­tion, thanks to its for­ward-look­ing reg­u­lat­ory frame­work. While in Asia, Singa­pore is already be­com­ing a test­ing ground for new tech­no­lo­gies, giv­en its thriv­ing start-up eco­sys­tem and its con­du­cive le­gis­la­tion.me­di­umme­di­umme­di­umme­di­umme­di­umme­di­um
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