To: Eric L who wrote (12565 ) 6/13/2001 8:06:59 PM From: S100 Read Replies (1) | Respond to of 34857 Gent's company may play hard-ball over infrastructure sharing deals... Tuesday 12th June 2001 4:20pm Go-it-alone Vodafone could sue 3G rivals over network pacts Vodafone is considering legal action following moves by its four 3G rivals to work together to build their networks. silicon.com can exclusively reveal that France Telecom, owners of Orange, and Hutchison 3G, the fifth winner of a 3G licence in the UK, are preparing a deal which will see them share their Nokia WCDMA infrastructure and base-station sites. BT and Deutsche Telekom have also announced that they are to co-operate on building their 3G infrastructures in a bid to trim £1.2bn off the cost of setting up their networks. But Vodafone is determined to go it alone - and may sue its rivals if it believes they've broken the terms of their licences. In the UK, BT Cellnet and Deutsche Telekom-owned One 2 One will use shared infrastructure for their networks. Both UK networks have already signed big infrastructure deals with Nortel. In Germany, Deutsche Telekom's T-Mobil and BT's VIAG Interkom will also share networks. The big exception to the network sharing love-in is Vodafone, which is in a much better financial position than its UK rivals, with a far lower debt burden. Vodafone will not surrender its advantage and condone widespread network sharing without a fight. Vodafone declined to give silicon.com an official statement on network sharing, but it is highly unlikely that it will be striking any similar network sharing deals, least of all in the UK or Germany, where Vodafone controls the D2 network through its ownership of Mannesmann. Vodafone can also be expected to oppose other network sharing deals robustly. A spokesman did confirm that the company "reserves the right to sue if the conditions of the 3G licences were changed retroactively". The question is, will they have a case? BT and Deutsche Telekom's move follows a decision last week by the German regulator to "clarify" the rules to allow the sharing of 3G network infrastructure. Last month, UK regulator Oftel published a similar statement, also "clarifying" the terms of the licences granted to 3G operators, to make it clear that network sharing was also acceptable in certain circumstances. The root of the problem is that network sharing can refer to many different things. Aerials, locations and the other so-called 'dumb' parts of the network, are already shared on today's 2G networks as a matter of course, especially in rural areas. However, when it comes to sharing the 'intelligent' parts of a 3G network, the expensive and sophisticated switches, base stations, network control software, etc, the law is less clear. Vodafone is likely to disagree with the other networks about what constitutes acceptable sharing arrangements. Michael Ryan, head of the telecommunications practice at Arnold and Porter, said: "The position is unclear and it's going to be the subject of a lot of legal manoeuvring going forward, in the UK and internationally. "There were certainly expectations going into the licensing process that everyone had to build their own network. Those should obviously be balanced by a consideration of the financial position and the obvious benefits to the public of certain aspects of network sharing," he added. For related news, see: German 3G co-operation cuts costs www.silicon.com/a44842 BT's garage sale continues www.silicon.com/a44840 3G fortunes are not lost, telcos assured www.silicon.com/a44776 'If you can't afford it, you shouldn't have bid', 3G 'winners' told www.silicon.com/a44743 Ben King silicon.com Hope VOD is keeping their mess kit out of the way. Also, what does sharing Nok Infra do to Nok?