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Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.



Media type
Expertise
25/09/2024
CMS Network Sharing 5: Celebrating 10 years of the Network Sharing Study
For the last 10 years we have been following the evolution of network sharing in the telecom industry. This fifth edition continues our study of how companies in the sector use network sharing to save costs and rationalise services. For this edition, the CMS Network Sharing Study not only gathers all factual information about 76 network sharing deals that have been closed from May 2021 in 46 different jurisdictions worldwide, and the differences among them: it also includes interviews with some of the main actors, such as American Tower, Macquarie Capital and Totem Towers, as well as papers from experts regarding topics such as tele­com­mu­nic­a­tions network financing, foreign direct investment, competition Law, 5G, towers and fibre. As a testament to the creativity of the industry, network sharing has slowly shifted.  Sharing through agreements have given place -in some cases- to sharing through incorporated companies.  B-lateral deals do still exist but neutral host networks, serving all operators in the market, are now the main protagonists through which networks are effectively shared by multiple operators. The digital revolution during the last 20 years has required and is still requiring vast investment in access networks including optical fibre, towers and other assets (now satellites): this comes at a cost.  In some cases the traditional telcos couldn’t monetise their investments (perhaps due, in Europe, to excessive regulation). As a result, indebted companies were in need to sell and/or share their infrastructures, sometimes to investment funds that had no ambition to compete in the provision of services and created independent NetCos  offering wholesale services - the US towers market being one example, with 90% of towers controlled by independent TowerCos while in Europe we have seen FibreCos coming to shake up the FTTH build. The time when each operator owned (and financed) the network it used has long passed. Competition in services remains, but now competition in infrastructures (in parallel with competition between different infrastructures) may be the next future. Globalisation has also arrived in network sharing, with growing protagonism in Latin America (the topic of special focus in the Study) and Africa as well as South-East Asia.  South America has seen a large amount of activity and the 5th edition of the study is doing a spotlight on the deals seen in the region. Interestingly, the existence of network slicing in 5G could give the lead again to telecom operators, as it will allow them to create virtual networks, to be offered either to smaller operators or to companies wanting to have their own independent, private and dedicated slice of a network, in a cloud-style net­work-as-a-ser­vice new pattern. The rise of satellite services in the coming years will also create the need for an enhanced spectrum sharing. Satellite will also be a growing infrastructure competing with towers and other access networks. So whilst we reflect on changes and trends since the last few years, our eyes are also turned towards the future and how the industry will adapt and find news ways to share.
12/04/2024
Reflections from Mobile World Congress 2024
Key takeaways from MWC 2024 and insights into The Mobile Century ‘Digital Generation’ publication. The GTWN and CMS are very proud to provide the transcript and recording of the recent GTWN/CMS webinar reflecting on the findings and insights of the Mobile World Congress as well as those written about in our flagship Mobile Century publication premiered at the Mobile World Congress, “Digital Generation’.
06/03/2024
The Mobile Century 2024
CMS is delighted to support The Mobile Century, a publication written by women in the digital space, published by the Global Telecom Women’s Network (GTWN). The Mobile Century provides a global perspective on the most important issues facing the digital technology sector, while championing the role and contribution of women leaders in bringing about meaningful change. These characteristics align closely with the professional and cultural values of CMS’ Technology, Media and Communications Practice. The promise and anticipation around Artificial Intelligence has captivated worldwide attention over the past year like no other recent technological revolution. Governments around the world have rushed to understand how they can respond to generative AI, ensuring that their industries are well placed to capture maximum value from this innovation, whilst also not exposing their populations to undue risks. This edition of The Mobile Century includes an insightful essay by CMS Partner and Co-Head of the TMC Sector Group, Dóra Petrányi on finding the appropriate balance between AI ethics and AI regulation. It also includes an inspiring fireside chat between Dóra and Francesca Rossi, who is a computer scientist, an IBM Fellow and the IBM Global AI Ethics Leader. At the same time, society is facing other new challenges, as the digital natives – those who only know a digital world – see all aspects of their lives transformed. As certain jobs and even professions are being transformed by digital technology, what does the future look like for those who are inheriting our digital world? What do governments, regulators and industry itself need to do to ensure the benefits of these technologies outweigh the risks that have emerged?At CMS, we continue to be honoured to support the GTWN and its flagship magazine The Mobile Century, which, once again, is dense with thought-pro­vok­ing articles from inspiring leaders. We hope the articles motivate you, as they do us, to think about our responsibilities and the wider impact of our companies on the world around us.
21/11/2023
CMS Commercial Global Brochure
Commercial law reaches into all sectors. It is at the core of every business. With over 400 Commercial lawyers across 45 countries globally, we can help you across a range of Commercial issues in all...
20/07/2023
5G: A reality check
If you were to ask the average citizen or business executive about 5G, they would probably tell you it’s been rolled out across most developed markets and making money. But this is not the case: deployment tends to be partial and patchy, and telcos are yet to see return on investment on the hundreds of billions of dollars that have been invested globally. In compiling this year’s edition of our 5G report, we spoke to legal and technology experts in over 50 markets to learn the true state of last-generation roll-outs across the world. We asked which technology companies are offering, whether consumers and industry can access it, whether it’s being monetised, where regulation stands, which spectrum is being used and how it’s being auctioned, how networks are being shared, whether network-specific cybersecurity measures are in place, and what each country’s positions are on Chinese network equipment. North America had the highest 5G penetration (41%) as of the end of 2022, according to Ericsson’s June 2023 Mobility Report. Behind that region were North East Asia (30%), the Gulf Cooperation Council (18%) and Western Europe (13%). By December, the vendor predicts that there will be 1.5 billion 5G subscriptions globally. In terms of number of 5G subscriptions, China is in the lead, with more than 60% of the world’s total (644m, versus 417m outside the country) as of the end of 2022. Other markets are home to technical quirks that are delaying 5G. In The Netherlands, for example, the 3.5 GHz band is not yet commercially available because NATO is operating a satellite 'listening station' with Inmarsat using the 3.4 and 3.8 GHz bands, and Inmarsat is using the 3.5GHz satellite traffic band to provide emergency communications to ships and aircrafts. The US and Canada dealt with interference between air traffic control systems and consumer 5G by setting up exclusion zones around airports. Spectrum rights - award and duration Spectrum rights have tended to cost far less than they did for 3G and 4G, because governments have recognised that high licence prices may have hampered investment. They are mainly awarded via tender or public auction, though in China, 5G licences are assigned directly to the four main telcos (China Mobile, China Unicom, China Telecom and China Broadnet). The duration varies across markets, from 15 (eg France) to 30 years (Chile) - often with five-year extensions.   Network and spectrum sharing agreements Network sharing agreements are already a priority in large countries with vast swathes of low population density regions that are expensive to connect. The US, like Africa before it, is seeing mobile as more efficient in rural areas than fixed-line (in this case fibre), which takes longer and is more expensive to deploy. T-Mobile, Verizon, and AT&T are offering separate Fixed Wireless Access (FWA) 5G services they hope will replace wired internet access in those areas.  According to Ericsson1, by 2028 more than 25% of global mobile data traffic will be through FWA, part of it with passive network sharing. In Australia, some state governments have proposed funding active network sharing initiatives in areas with low population density. For example, New South Wales’ Gig State programme includes a trial to fund the design and build of Multi-Operator Core Networks (MOCN), which enable active sharing between carriers. In the US, T-Mobile as part of its agreement to acquire Sprint, had to offer 5G network access to Dish, in a deal lasting until 2027. Standalone vs non-standalone As of January 2023, there were 229 commercial 5G networks, according to the GSMA. But in most countries, the majority of services sold as 5G are in fact non-standalone (NSA), meaning that the radio access network (RAN) is 5G, but the core network remains 4G. The Global Suppliers Association (GSA) says that 36 operators in 21 countries and territories have launched public standalone networks, while 111 operators in 52 countries are running trials, planned or actual deployments. In the meantime, the GSMA is forecasting that of the new 5G networks deployed in 2023, 15 will be standalone (SA). It noted that some operators have blamed the limited number of mobile devices that support standalone as a reason for delaying deployment.A notable exception is Singapore, whose telcos now all provide at least 50% outdoor coverage using standalone networks, with Singtel hitting 95% as of July 2022. Monetisation - consumer vs industrial Experts in almost all markets noted that telecom operators are yet to monetise 5G, especially in the consumer segment, where prices have remained the same as 4G. In Sweden, however, Telenor Sverige and Telia Sverige buck the trend, but offer enhanced benefits such as insurance, streaming services or more/unlimited data. Tele2 Sverige and Hi3G Access, for their part, have stopped offering new 4G subscriptions altogether. In Europe and Asia, the industrial segment is showing more promise thanks in part to government subsidies, though more time is needed to demonstrate use cases. Industrial 5G In most countries, it is telcos that are setting up industrial 5G, enabling private networks that connect specific areas such as factories and campuses. But starting this year, industrial companies in Sweden can apply directly for local licences to use radio transmitters in the 3.7 GHz and 26 GHz bands, enabling coverage in mines, harbours and hospitals. This year, the Spanish government announced it would reserve part of the 26 GHz band for direct award to industrial players, without the need for intermediation by telcos. The German Federal Network Agency has already allocated frequencies in the 3.7 to 3.8 GHz and 26 GHz bands for local 5G, meaning that more than 140 companies are now able to operate their own local networks. Network slicing, which enables multiple virtual networks to sit on top of a shared physical infrastructure, represents another way to offer differentiated services to enterprise clients across industries - though it requires SA 5G. However, because slicing uses software and virtualisation, telcos will both compete and partner with cloud providers. According to the GSMA, operators outside China have so far shown limited interest in slicing deployments due to concerns about return on investment. China The tech decoupling between the US and China has left other countries caught in the middle when it comes to selecting which companies will provide network equipment. Many European governments have signed up to the US ‘Clean Network’ initiative, with Portugal in May becoming the latest to show signs it will ban “high risk” vendors. Some countries like Brazil, Mexico and Turkey are remaining neutral, while others such as Bulgaria and Angola are entering into explicit partnerships with high risk vendors. In June, the Financial Times reported that the European Union was considering banning all member states from using equipment from companies that might present a security risk to 5G networks. Thierry Breton, Commissioner for Internal Markets, told telecom ministers he was disappointed that only one third of member states had banned high risk vendors from “critical parts” of 5G infrastructure, which risked “exposing the union’s collective security.” Germany was named as a key outlier. Conclusion By and large, most countries covered in the survey appear committed to launching 5G, but progress has been slower than hoped due to factors including Covid, regulatory delays, and high costs for operators whose investors want to see return on investment. Governments appear to be trying to ease the way by lowering spectrum costs and removing some red tape, while telcos generally aren’t charging customers more for 5G than 4G. As roll-outs continue, and providers upgrade core networks to proper 5G, it is likely that telcos will continue the trend towards seeking outside investment by selling off infrastructure and sharing networks. The GSMA estimates that there are 400 million people who lack access to mobile broadband. Looking ahead, it is unclear how the expected launch of mobile satellite services (MSS) by the likes of Starlink, Kuiper, Vodafone+AST Space Mobile, and Orange+OneWeb will impact the deployment and profitability of the 5G networks in less populated areas. It is possible that 5G operators could face hurdles to monetising rural networks, which are part of their coverage obligations, depending on the level of competition from MSS service providers. Based on our conversations with clients, we see 5G as an example of a long-term investment subject to the short-term technological and commercial landscape and other challenges. In future, there will be a range of competing technologies: optical fibre, Wi-Fi7 and SA 5G (with network slicing) in populated areas, and a mixture of SA 5G, FWA and satellite mobile services in rural areas. All of them will serve both humans - and increasingly, IoT. SA 5G will become not just a way for individuals to communicate, but an environment for digital ecosystems housed in different network slices. In all scenarios, these technologies will have to co-exist and cooperate, providing the fullest service to the client - now, and as we head towards 6G. 1 Eric­sson: https://www. ericsson. com/en/reports-and-papers/mobility-report/dataforecasts/mobile-traffic-forecast?gclid=EAIaIQobChMI5Y-qzby-_wIVQwgGAB3ZyAOVEAAYASAAEgI08PD_BwE&gclsrc=aw. dsSee also https://www. ericsson. com/4a9aa7/as­sets/loc­al/cases/cus­tom­er-cases/2022/us­cel­lu­lar-bridging-di­git­al-di­vide. pdf.
13/09/2022
Open secrets? Guarding value in the intangible economy
Some leaks can’t be fixed “Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This, from the so-called Spycatcher case (1987), applies well to corporate assets: fail to store them correctly and all you might have left is an expensive mess. The consequences of even a minor exposure of a trade secret can be huge. As this report reveals, the protection of trade secrets is rightly recognised by most senior executives as a priority issue. But the research also reveals gaps that leave companies unnecessarily exposed to risks. The top named threats – cybersecurity attacks and employee leaks – resonate with what we see impacting our clients. Increased home and remote working is straining security measures and employee loyalty. Added to this, an ‘innovate or die’ attitude in highly-com­pet­it­ive sectors can motivate new joiners to arrive with questionable material from their previous employer, or worse: outright theft between competitors. But while it is easy to focus on the lurking threats from weakened cyber security and disgruntled employees – and they are important – there are more routine actions a company can take to safeguard its secrets than just updating its IT systems or the employee handbook. Commonly, those who most need our help already have a trade secrets policy but have not properly implemented it in relation to the secret in question. Or the policy has not been updated to reflect the intangible assets the business now owns. Or protection was taken for granted. With trade secrets – which for many businesses are strategically more important than a public patent portfolio – it is always costlier and messier to find solutions after a theft or a leak. Identifying the trade secrets and the threats posed to them, combined with rigorous internal processes and well-drafted contracts, can help prevent such problems from happening. Harder, but just as necessary, is engaging hearts and minds in corporate culture, to know why trade secrets are important, why we are all are responsible for protecting them, and what may happen if we do not (to both the company and the individual). In our experience, the businesses with the strongest defences have not only thought strategically about their intangible assets and how best to protect them but are also prepared for the worst. The trick to avoiding an asset becoming a crisis is to be wise before the event.
08/09/2022
Avoid an advertising red card
As the 2022 Football World Cup (Qatar World Cup) draws nearer, all eyes are on the Middle East with this being the first time that the tournament has been hosted in the region. Brands around the world will undoubtedly be gearing up to get into the football spirit and roll out football-themed campaigns, promotions and other activations. However, brands will need to take care to ensure that their forthcoming campaigns do not fall foul of local Qatari laws, including Law No. 10 of 2021 (World Cup Law), FIFA rules and guidelines (including the FIFA Intellectual Property Guidelines (IP Guidelines) and the FIFA Media and the Marketing Regulations (MMRs) as well as other regional laws and regulations in the Middle East.
08/09/2022
Managing Supply Chain Risk
In June 2021, BCG and CMS published a White Paper entitled “Managing Supply Chain Risk – A legal and strategic perspective”. In view of the rising number of laws obligating companies to prevent and mitigate risks relating to human rights and the environment in their supply chains, the White Paper provided an overview of selected laws, and offered practical guidance on how to manage such risks. One notable example of national supply chain regulation is the German Supply Chain Due Diligence Act (“German Supply Chain Act”), which was adopted in June 2021 and will come into force on 1 January 2023. The below paper, published in September 2022, is the follow up paper on this topic – we are sharing our practical experience from working with multiple clients across different industries and address what legal and strategic challenges the clients face when managing supply chain compliance. The principal challenges are detailed in the paper, together with the lessons on best practice that we have picked up along the way.
01/03/2022
The Mobile Century 2022
CMS is delighted to support The Mobile Century, a publication written by women in the digital space, published by the Global Telecom Women’s Network (GTWN). The GTWN 30th Anniversary Publication is a special edition. The theme “Re­flec­tions” brings together the perspectives of the older generation of women who have lived experience of the evolution of ICT over the past three decades and beyond, with women of the younger generation, while looking ahead to what work remains to be done. This seminal work includes essays by global experts in: Tech evolution from the early days of the internet and the mobile phone to today; Tech ESG and how digital technology can drive sustainability into the future; Tech safety, protecting yourself and others online; Tech equity, bridging the digital divide; and Future tech, with a focus on the impact of artificial intelligence. You can either browse the publication online or fill in your details below to download the full publication.
24/11/2021
On the Pulse
Welcome to CMS ‘On the Pulse’ video/podcast series for all Life Sciences & Healthcare professionals – legal, compliance, regulatory
26/10/2021
5G vision video series
A video series on the deployment of 5G across the world
16/06/2021
Belt and Road videocasts
Go to BRI homepage Welcome to the CMS videocasts on Belt and Road The series explores the topics that have been identified in our global research study as being top of mind for participants in BRI projects...