i don’t know if the nw communicates its ciphering capabilities. I don’t think so.
the ciphering procedure is initiated by the NW during the call setup establishment. The MS doesn’t have to know about NW ciphering capabilities. It just has to answer ciphering “request” from the NW.
If the NW is in “no ciphering” (A5/0), then it might not send the Ciperhing Command to the MS because this message would be useless. But maybe it sends it anyway, I’m not sure.