Convergence and new regulatory frameworks: A comparative study of regulatory approaches to Internet telephony

As an archetype of convergence, Internet telephony has been questioning the continuing appropriateness of the current telecommunications policy and regulation. This article examines how policy makers and regulators in the US, the EU, Japan and Singapore have responded to the challenges brought about by Internet telephony. Their common approach seems to apply the existing regulatory framework to this new service. The authors argue that those responses will not be aligned with the dynamically changing communications environment and explain two key shifts taking place in the communications industry that should be taken into account to form more appropriate regulatory frameworks.     

Wireline deregulation: The Canadian experience

Changes in the state of telephony markets paved the way for significant regulatory and legislative reforms in the telecommunications sector in the 1990s. In Canada, the 1993 Telecommunications Act was enacted to promote the emergence of competitors in a market that had until then been dominated by regional monopolies. This paper examines the Canadian telecommunications regulatory framework and analyzes the regulatory privileges given to new entrants at the expense of former telecommunications monopolies. Such regulations, which were meant to induce competition, ended up hurting consumers and distorting the market process. This paper also shows how the Canadian government recently eliminated many of those regulations by seizing control of the policy agenda from the telecommunications regulator.     

On access pricing in telecoms: theory and European practice

This paper discusses European legislation concerning interconnection between telecommunications operators. An important and distinct element of regulatory policy in the European Union is that operators with significant market power are required to provide cost-based interconnection whereas other operators are not required to provide such cost-based interconnection. It analyzes the consequences of different interconnection charges for competition and investments. Using recent insights from the theoretical literature on competition in telecommunications, it finds that the socially optimal regulatory policy concerning interconnection has the same characteristics as that adopted in the European Union.     

The impact of non-neutral federal regulatory policy on competition

We present a duopoly competition model to illustrate how the simultaneous incorporation of two US federal regulatory programs negatively affected telecommunications competition during the past decade. Our model shows that the simultaneous implementation of the Universal Service Fund policy that grants subsidies to incumbent telecommunications providers serving in high-cost areas, and the carrier of last resort policy that mandates incumbents to provide service in under-served geographic areas, deters competitive entry in low-cost markets and thereby runs counter to the objectives for which the policies were intended. This model provides a theoretical explanation of a failure of federal policy.     

Does smallness affect the liberalisation of telecommunications? The case of Cyprus

A review of the literature on small economies and on telecommunications policy suggests that policy makers disregard the possible effects of the size of the economy on liberalisation outcomes. This paper builds on the literature on small economies to classify economy size according to economic, demographic, and geographical measures in order to empirically examine whether small size affects the effective culmination of liberalisation of telecommunications. A cluster of small economies that have a maximum population of 9.2 million (Guinea), GDP of US $86.17 billion (Singapore), and arable area of 19.3 thousand km² (Central African Republic) are the main focus of analysis. In particular, the paper capitalises on an in-depth analysis of the liberalisation of telecommunications in Cyprus and an econometric analysis of the respective European experience. The country-specific outcomes of liberalisation in Cyprus are consistent with the general tendency in small European economies and jointly provide strong evidence that smallness affects the success of liberalisation. The paper concludes with an array of policy suggestions for small economies.     

Can the US transition to digital TV be fixed? Some lessons from two European Union cases

This paper compares the regulatory incentives created by government policies aimed at promoting the transition to digital TV in the US, France, and the UK. It argues that US policies have aggravated coordination problems and even created incentives for terrestrial broadcasters to retard the transition in order to receive compensations from wireless telecommunications providers for vacating frequencies before the statutory deadline. The institutional analysis framework is applied to explain the observed policy variations across countries as well as the factors retarding the transition in the American case. The conclusion suggests possible remedies to accelerate the transition to digital TV in the US based on the British experience.     

Technological and geographic heterogeneity in broadband markets: The challenge for regulation

When the telecommunications industry was liberalised in Europe and North America in the 1980s and 1990s, it inherited a legacy of monopoly providers whose footprint was national or multi-regional in its character. The regulatory framework, particularly that adopted in EU member states, reflected this pattern of relatively homogeneous deployment achieved, in part, by decades of cross-subsidised pricing and universal service goals. Perhaps because of this legacy, telecommunications regulators have often adopted the presumption that relevant markets are national in character, unless proven otherwise Although geographically-variegated regulatory remedies have been permitted (even in the face of allegedly national relevant markets) and adopted in many member states, many regulators have never done so, and overly cautious thresholds for permitting geographically based forbearance suggest a continued bias towards presuming national markets and remedies. We find that this presumption of uniformity and the tendency to aggregate geographic markets together is not supported by first principles of antitrust analysis, although there may have been strong practical reasons to apply this presumption in the past circumstances of the telecommunications and broadband industries.On the ground, however, there has arguably never been as much heterogeneity across geographies and across technological solutions that provide effective ultra-fast broadband speeds. Both technological (i.e., product market) and geographic heterogeneity are likely to increase with the advent of mobile 5G networks. With their deployment, a cautious regulatory stance towards geographic variation and a cautious regulatory stance towards inter-technology or inter-modal competition may result in regulation that could exceed what is required to ensure effective competition and could instead distort the incentives to enter of facilities-based actors. This may also result in higher-cost and inefficient investment. A more geographically varied and technologically agnostic regulatory framework may satisfy the principle of proportionate and focused regulation—with the possibility that the locus of regulation shifts from the access network to bottleneck facilities such as fibre, ducts and poles.This discussion is especially germane when one considers the highly speculative nature of forecasts and projections about future demand, and the competing claims of proponents of 5G and fibre. While there is some scepticism about the performance of mobile networks, we note that pure mobile and fixed 5G services may have synergies in deployment, and that the idea of competing with residential broadband services is a core strategy of very influential large-scale industry actors. In terms of a future research agenda, regulatory decisions could benefit from much more research into the relationship between domestic and global bandwidth constraints and their influence on development of software and application, as well as much more quantitative research by academics on the drivers of bandwidth demand. The risks associated with promoting investment that results in large-scale wasted resources should also be central to the regulatory agenda.     

The Brazilian model of telecommunications reform

This article describes the Brazilian Model of Telecommunications Reform (BMTR), presenting privatization and the new regulatory framework in Brazil, comparing it with the experiences in the UK and US. The main targets of the reform were to enhance competition, to provide universal service, and to raise privatization revenues to reduce public debt. The trade-offs among these targets explain the design of the BMTR: the restructuring of TELEBRAS; the duopoly policy and entry assistance. Issues like price-caps and interconnection rules are also addressed. The BMTR can be regarded worldwide as a benchmark that included privatization, despite the adoption of poor transitory policies toward efficiency.     

Ex ante margin squeeze tests in the telecommunications industry: What is a reasonably efficient operator?

This paper studies the implementation of Reasonably Efficient Operator margin squeeze tests by National Regulatory Authorities in European telecommunications markets. It provides a theoretical framework which shows how regulatory authorities deal with the asymmetries between entrants and incumbents by adjusting the Equally Efficient Operator margin squeeze test used in competition policy. Using this framework, this paper presents a benchmark of implementation choices by inspecting authorities' guidelines, market analyses, and decisions. Whereas some implementation choices are very similar across authorities' decisions, some others display a strong heterogeneity.     

Impact of wireless telecommunications standards and regulation on the evolution of wireless technologies and services over Internet protocol

Beginning with the historical role and importance of multi-physical standards in wireless telecommunications for the future in the US, Japan and Europe, this paper provides a cohesive vision of how wireless communication, voice over Internet protocol (VoIP) is likely to develop. Also covered in this paper are its benefits, the technical and regulatory support required to realize this vision and an assessment of its potential impact on the structure of the telecommunications industry. Although the competitive structure of the Internet is relatively open, several factors, such as frequency allocation policy and radio interface standards, could block the efficient evolution of wireless services to an IP platform. The paper proposes two major technical requirements to enable effective competition in wireless VoIP and achieve greater technical productivity.     

Telecommunications in the land of the Thunder Dragon: recent developments in Bhutan

This paper charts the development of telecommunications in Bhutan. Since the introduction of telecommunications services in 1963 Bhutan has faced many challenges as it has sought to roll out a network that covers the whole population and country. A small population, a mountainous geography, a transitional economy and a unique approach to development—Gross National Happiness—present many challenges that need to be overcome if the telecommunications industry is to develop further. Added to this is the decision of Bhutan to join the outside world through membership of the ITU, APT and WTO that has added liberalisation and privatisation to the challenges faced by Bhutan. This paper identifies two broad policy options that Bhutan could adopt—network expansion nationally or investment concentration towards urban areas. The authors conclude that due to the limited resources available to Bhutan these policies are contradictory and will take the telecommunications industry in quite different directions if adopted.     

Telecommunications interception in Australia: Recent trends and regulatory prospects

This article reviews recent trends and regulatory prospects relating to telecommunications interception in Australia. The steady expansion of surveillance powers in Australia over the past two decades, particularly at the federal level, is critically evaluated. Drawing comparisons with the United States, the article analyzes the strengths and weaknesses of the existing regulatory system for telecommunications interception, including legal safeguards such as judicial warrants and civil actions for unlawful interception. The authors conclude by sketching a new normative framework for telecommunications interception that repudiates the idea of “balancing” competing interests in favor of a regulatory model that promotes human rights and due process as paramount considerations.     

Regulatory governance in African telecommunications: Testing the resource curse hypothesis

This paper examines regulatory governance in the context of African telecommunications. Though there is already a substantial literature devoted to the regulatory practices in developing countries, it generally conceptualizes the quality of regulation as an exogenous policy variable that affects the performance of the telecommunications sector or treats it as a normative recommendation to improve performance.     

A unified framework for open access regulation of telecommunications infrastructure: Review of the economic literature and policy guidelines

The concept of open access (OA) plays a central role in the ongoing academic and political debate on the appropriate regulatory framework for next-generation access networks in Europe. However, clear policy conclusions on the effect of OA regulation were usually precluded by a fundamental lack in common understanding what actually defines an OA policy and along which dimensions of OA regulation can be structured. This paper attempts to reconcile these diverse views by offering a definition and a conceptual framework by which OA endeavors can be identified and uniquely classified. The framework encompasses, among others, mandated OA regulation of vertically integrated firms, public-sector participation, co-investments, and OA in the context of vertical separation. Along this framework, the extant economic literature is surveyed with regard to aspects of competition and social welfare, investment and innovation, as well as practical and legal issues. Based on these insights, a policy guideline is developed that shall assist policy makers in identifying the appropriate OA scenario for the regulation of telecommunications infrastructure.     

The impact of trade liberalization in telecommunications services: The case of APEC countries

This paper examines the impact of liberalizing the telecommunications services sector on investment and output in the Asia-Pacific Economic Cooperation (APEC) countries by estimating a system of four structural equations that takes into account the causal relationship between national income and telecommunications infrastructure. The degree of openness to trade in telecommunications is represented by a carefully constructed index that reflects a country’s trade and investment policy in terms of market access, national treatment and regulatory principles. One interesting finding from the empirical analysis is that the effects of trade liberalization depend on the risk rating of a country. In countries with relatively high risk ratings liberalization reduces investment in telecommunications.     

The evolution of telecommunications policy-making: Comparative analysis of China and India

This paper is a comparative analysis of the telecommunications policy-making process in China and India. Adopting an institutionalist perspective and multi-streams framework, the paper analyzes the formal structures, rule-making procedures and interest groups involved in telecommunications policy-making in the two countries, in terms of their evolution over the last two decades. Though the two systems began this period with a somewhat similar ministerial-bureaucratic decision-making model, and faced similar problems of assimilating new interest groups and responding to international pressures, the paper finds that the decision systems in the two countries evolved in significantly different directions. China's telecommunications decision-making is significantly affected by the macro level political rearrangement and is more likely to be non-incremental. On the other hand, confronted by an increasingly litigious environment and a more fractious interest group culture, India represents a somewhat classical textbook case of incremental policy making. Nevertheless, numerous challenges remain in both countries, including institutional capacity and excessive regulatory deference to political authority.     

How will telecommunications bundles impact competition and regulatory analysis?

In this article, one makes two points about the impact of bundles on competition and regulatory policy. First, one argues that the growing importance of bundles requires an adjustment in the current framework of relevant product markets for individual services, and that the traditional tools of competition policy, namely the SSNIP test, can be adjusted to deal with these new circumstances. Second, one argues that the technological and behavioral changes, underlying the emergence of bundles, call for a shift of emphasis in regulatory policy from ensuring access to the incumbent’s fixed telecommunications network services to ensuring access to television content.     

Interceptability of telecommunications: Is US and Dutch law prepared for the future?

For many decades, governments have successfully intercepted telecommunications to collect information about—potential—criminals and terrorists. A crucial part of contemporary policy is legislation that requires telecommunications providers to make their networks and services interceptable. This paper discusses two examples of interceptability legislation: the Communications Assistance for Law Enforcement Act (CALEA) in the US and the Telecommunications Act in the Netherlands, in order to focus on basic questions, considerations, and trade-offs relevant to designing legal interceptability laws.     

Fast Internet: An analysis about capacities,price structures and government intervention

While about 20% of all private households in the US had access to the Internet in 1997, the Internet penetration in Western Europe was significantly lower with little more than 5%. A key factor to explain the different penetration levels in the US and Western Europe is the pricing policy. In the US the pricing is heavily influenced by regulation. The flat rate pricing for local service stimulated rapid growth of the Internet. However, the regulatory regime that helped the Internet to succeed is now threatened by the same success. A comparison of the Internet in the US and the videotex systems deployed in France and Germany in the 1980s reveals an astonishing number of similarities. But there remains one significant difference, the pricing policy. Today, the telephony access network is perceived as a bottleneck by Internet users. Users demand more speed. Given the expected growth of the Internet and the demand for speed, the US telecommunications industry invests heavily in the local loop and sets up another four national long-distance networks. These investors do believe that demand for capacity will make a quantum leap.