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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
07/11/2023
CMS Infrastructure Index: Partnerships, policies and geopolitics
The Infrastructure Index is designed to help investors understand the environment they may encounter in 50 different jurisdictions. Data from the 50 jurisdictions was analysed against nine key criteria to create a guide to the most attractive destinations for infrastructure investment. We also look at developments in some of the nations included in the Infrastructure Index, this year highlighting in particular the situation in our top-ranked country Germany and the need for reconstruction in Ukraine.
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.
30/01/2023
Emerging Europe M&A Report 2022/2023
The year 2022 started with various challenges, including rising inflation and energy prices. Then the Russian invasion of Ukraine added yet another one. Nonetheless, the M&A market in emerging European countries proved to be extremely resilient. The region saw M&A activity maintain a steady pace, though deal values were notably lower. Also, variations could be observed across territories and sectors. While 2022 brought a unique set of challenges, dealmaking largely compared favourably to pre-pandemic levels. Welcome to the 2022/23 edition of the Emerging Europe report.
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential. At CMS, we see ourselves not only as your legal advisers but also as your business partners. We work together with you to not only resolve current issues but to anticipate future challenges and innovate to meet them. With our latest publication, CMS Next, our experts will regularly offer you insights into and fresh perspectives on a range of issues that businesses have to deal with – from ESG agendas to restructuring after the pandemic or facing the digital transformation. We will also share with you more about the work that we are doing for our clients, helping them innovate, grow and mitigate risk. To be able to provide you with the best support, we immerse ourselves in your world to understand your legal needs and challenges. However, it is equally important that you know who we are and how we can work with you. So, we invite you to meet our experts and catch a glimpse of what is happening inside CMS. Enjoy reading this publication, which we will update regularly with new content. CMS Executive Team
27/01/2022
Emerging Europe M&A Report 2021/2022
Following global trends, the M&A market in emerging Europe surged in 2021— more money was spent on acquisitions and investments than in any of the previous seven years. After a relatively poor showing in 2020, transaction volume also bounced back to pre-pandemic levels. Not only did direct acquisitions and investments fare well, but stock market listings also reached unprecedented levels. Has the M&A market in emerging Europe scaled new heights?Welcome to the 2021/22 edition of the Emerging Europe report.
26/10/2021
5G vision video series
A video series on the deployment of 5G across the world
16/06/2021
CMS Infrastructure Index: Accelerating transformation
The infrastructure market has remained resilient in the face of COVID-19. The CMS In­fra­struc­ture Index has ranked 50 countries by their attractiveness for infrastructure investment and it paints a very positive picture. Singapore tops the leader board, bolstered by the unveiling of its Green Plan 2030 which aims to advance sustainable development and reduce the country’s carbon footprint. There are big spending plans in every region as governments seek to close infrastructure gaps, recover from the pandemic and stimulate their economies.   Please click through the report or download the pdf version at the bottom of this page.
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...
31/05/2021
CMS Network Sharing 4.5
On the brink of a new generation
19/04/2021
New investment models for telecoms infrastructure
Out of the turbulence of 2020, one sector is emerging rejuvenated – telecoms. The new mega deals, especially when it comes to digital infrastructure, attest to it. This is the acceleration of a trend, rather than a new phenomenon. If anything, lockdowns imposed to handle the COVID-19 pandemic have only served to accelerate demand.
17/03/2021
The Mobile Century: The Future Reimagined
A publication of the Global Telecom Women’s Network
21/01/2021
Emerging Europe M&A Report 2020/2021
In 2020 we counted 1,705 deals with a total value of EUR 60,80bn in emerging Europe, respective year-on-year decreases of 12.9% and 16%. It will not come as a surprise that this is the lowest number of deals for the region in the ten editions of this report that we have published. Then again, after a year characterised by the COVID-19 pandemic, in which deals were protracted, postponed or simply abandoned, it is probably not as bad as many of us may have imagined. While deal numbers in Q4 remained subdued, we experienced the highest deal value for the final quarter of the year since 2016. After many years of decline, in recent years the annual dealflow in emerging Europe had started to steadily settle around the 2,000 mark. In last year’s report, we predicted that the region would maintain its attractiveness to investors and we had great confidence in the deal pipeline. We felt that uncertainties around China-US trade relations, Brexit and the US presidential elections would have little impact on the region’s dealflow. As the year showed, global political uncertainties are no competition for a pandemic when it comes to slowing down M&A activity. However, deals did continue and compared to other global emerging markets, such as Emerging Asia and Latin America, the region performed quite well. The Emerging Europe M&A Report takes a closer look at the trends and data on a coun­try-by-coun­try and on a sector basis. The impact of the economic slowdown was relatively evenly spread across the region, but there are always some countries that buck the trend. Poland experienced a year-on-year increase in deal volume while witnessing the highest deal value compared to 2019. South-eastern Europe was quite stable overall with markets such as Romania, Bulgaria and Croatia all seeing only modest drops in deal volumes. From the usual top performers, Czech Republic was probably the hardest hit with a 24,7% decrease in transactions; however, these are still better numbers than the country posted in 2012 in the slipstream of the financial crisis and as reported in the CMS Emerging Europe M&A Report at the time.A great deal has been written about winners and losers in terms of sectors, rather than focusing on some of these unforeseen de­vel­op­ments, the articles in the report focus on some of the trends that had set in before the pandemic hit. In fact, some of these developments were accelerated by it: the advance of Telecoms & IT in terms of deal volume—taking the top spot from Real Estate & Con­struc­tion—and con­tin­ued investment in renewable energy, driven by climate goals, the demand of clean energy by technology giants, and the overall drive for sustainability. Two articles provide a more detailed look into how specific companies are faring, a close-up on the Croatian con­glom­er­ate Forten­ova and where it stands two years after its restructuring, and a fireside chat with Tereza Ber, general counsel at Zentiva, about the company’s takeover of the CEE business of Alvogen. We also take a look at the region’s IPO activity. The Warsaw-listing of Allegro is a testimony not only to the success of ecommerce in these new times, but also to the increased interest in an exit through the stock exchange. After seeing only 14 IPOs in 2019, this rebounded to 26 in 2020. Through dual-track sales processes sellers want to make the most of the competition between a trade sale and IPO, and with new records set on stock exchanges throughout the world towards the end of 2020, it will likely remain an attractive prospect. One development that we noted in 2019 did reverse last year. While cross-border investment into the region decreased by 34.3%, domestic deal activity picked up by 18.4%, reaching a total of 764 and 941 transactions re­spect­ively. Over­all, investors based closer to the region remained more active than those further away, and in particular investors from the US, China and Japan made fewer acquisitions in emerging Europe. We look at what keeps attracting western European investors to the region. The restrictions on our freedom forced us to live differently: we work from home, shop online and meet friends virtually. Although a vaccine may soon allow us to return to “normal”, the last year is likely to have a lasting impact on our behaviour. As businesses that benefit from this new economy grow, so does interest from investors. On the flip side, those companies that have had to count their losses may become interesting targets too. While some companies will see the need for a capital injection to survive, others will be looking for investment to help it capitalise on their success.