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.     

Reform of telecommunications regulation in Japan and Canada

Despite demographic and political differences, Japan and Canada face many similar challenges in the development of new telecommunications policy. These include interbureaucratic conflict, reorganization initiatives by the telcos and policy development by non-elected officials. Differences include the nature of policy change, the role of economic considerations and decision-making processes. This comparative analysis concludes by suggesting that each country may learn useful lessons with respect to public involvement, local rates, local measured service and the process of regulatory change.     

Long-term telecommunications studies in the CEPT 1973–76

Against a background of the increasing pressures resulting from the convergence of computer and telecommunications technologies, the author stresses the importance of the study of long-term trends and their implications. After discussing the main considerations in undertaking long-range studies, he reviews in detail the work of the Long Term Studies Working Group of the CEPT, focusing on the studies of the Evolution of Existing Services, the Demand for New Services, and the Evolution of Technology and Costs. He draws conclusions about policy issues facing telecommunications administrations, on study methods, and on the specific function of the Long Term Studies Working Group.     

Implementing policy on next-generation broadband networks and implications for equity of access to high speed broadband: A case study of Australia's NBN

Next generation telecommunications infrastructure is expanding and supporting rapid growth of broadband technologies and a digital economy. In this context, digital information and communications technologies (ICTs) are of increasing importance as a means for people to gain access to health or social services, employment opportunities, information and social networks. In this article we draw on our recent case study research to examine the policy (and politics) shaping implementation of Australia's National Broadband Network (NBN) and its likely effects on equity of access to high speed broadband (HSB) services. We monitored NBN policy and implementation from 2015 to 2018 through policy documents, reports, and media. To assess likely effects of NBN policy on implementation and subsequently on equity of access to HSB we: a) applied a framework defining four elements of equity of access; and b) analysed stakeholder views drawn from media articles and 22 interviews with experts on NBN policy including politicians, government staff, and industry representatives. We found that equity considerations competed with political and commercial imperatives during the rollout of the NBN. This resulted in positive and negative consequences for equity of access to HSB, with a change in policy and implementation in 2013 bringing greater risks to equity of access. The case study provides a framework for considering equity in the implementation of next generation telecommunications infrastructure and highlights the importance of considering equity in the evaluation of telecommunications infrastructure.     

Telecommunications policy and individuals with disabilities: Issues of accessibility and social inclusion in the policy and research agenda

Information and communications technologies have become an integral part of life in an information society, affecting employment, education and many other daily activities. For individuals with disabilities, equal access to telecommunications remains a concern, as many technologies that are developed do not allow for equal access. Law and policy have made significant progress in some nations, but sizeable barriers remain to the social inclusion of individuals with disabilities in telecommunications technologies and services. This paper examines the importance of equal access to telecommunications for individuals with disabilities in both the formulation and the implementation of policy. Analyzing issues of policy and implementation, this paper discusses policy questions and potential areas of research to better understand the relationship of telecommunications policy to access for persons with disabilities.     

Universal service in Turkey: Recent developments and a critical assessment

The meaning of universal service in telecommunications has changed considerably in the last decade. Technological advances have created the necessity to redefine the legal framework. While the demand for old universal services falls, new and wider services are to be included in the scope of legal obligations such as broadband. In this transformation of public policy toward universal services, political preferences take precedence over economic considerations. Turkey provides a good case in point. In this paper, the authors assess the legal framework of universal services and its institutional structure in Turkey. The tension between enlarging the scope of universal service and pressures on using revenues efficiently is emphasized.     

Mexico's international telecommunications policy: Origins,the WTO dispute,and future challenges

Mexico is by far Latin America's largest trader and the country with the most free trade agreements. Notwithstanding the success of its trade policy, the liberalization of its telecommunications sector was limited and generated a dispute at the WTO. This article offers an overview of Mexico's trade policy, with special emphasis on its policy regarding trade in telecommunications services and the 2002–2004 Mexico–United States dispute over telecommunications at the WTO. The dispute is the first one over trade in telecommunications services at the WTO and has generated interest among many developed and developing countries.     

Regulation to deregulation: the telecommunications sector and industrialization : Evidence from the Pacific rim and basin

Evidence from the Pacific and elsewhere suggests that countries deregulate their telecommunications sectors as economic development proceeds. Theoretical considerations support this, since arguments for (against) deregulation are mostly applicable to industrialized (developing) countries. Several such arguments are surveyed. Actual instances of telecommunications deregulation in Pacific countries are also cited to confirm this hypothesis. The scarcity and simplicity of telecommunications in early development stages favour cooperative, regulated solutions; as technological progress makes services more abundant and varied, competitive, deregulated approaches become more attractive.     

The evolution of the telecommunications policy agenda: Forty years of articles in Telecommunications Policy

This paper investigates the evolution of the telecommunications policy agenda by means of text mining forty years –from 1976 to 2016– of papers in the journal Telecommunications Policy. Text mining techniques help identify the key topics, the dominant combinations of concepts and the main areas of research within this multidisciplinary –technical, economic, social, policy– discipline. In addition they depict an evolution of the policy agenda more nuanced than the conventional public service, pre-competition and post-liberalisation stages typical of telecommunications. Also, in combination with bibliometric information, the results display the relationships between areas of research and methodologies, countries and authors’ background, all together providing a deeper understanding of the past, present and future avenues for research in telecommunications policy.     

Telecommunications planning and the power of expertise

The article points out the often neglected political importance of telecommunications planning experts. It does so by first locating policy planning in the larger socletal phenomenon of technocracy. Next discussed is the relationship of policy planners to political power. Finally the article examines some instances of national telecommunications planning, in particular the USA.     

Telecommunications/ transportation substitution and energy conservation Part 2

Part 1 of this article reviewed existing research both on attitudes toward telecommunications substitution for travel and on operational experiments with teleconferencing and telecommuting. Part 2 examines major factors influencing substitution, including government policy. It concludes that government policy can significantly facilitate telecommunications substitution for travel and, indeed, the achievement of any real measure of substitution may depend upon proactive government policy. However, this is an unlikely prospect in the current US national policy environment.     

Japan's policy on monopoly and competition in telecommunications

Telecommunications policy in Japan is about to undergo a significant change in the field of domestic telecommunications services. A monopolistic policy has long been maintained - monopoly by the government for the first 80 years and monopoly by the NTT, a domestic common carrier, for the past 30 years. Now, however, a policy of competition is required to meet the needs of citizens and companies when confronted with the age of the information society. This article analyses the trend of past, present and future telecommunications policy in Japan in relation to monopoly and competition.     

Network control in global communications

The author examines the impact of technology on international communications in terms of the changing concept of the telecommunications ‘user’, the development of private networks, and the emergence of service bureaus. After defining and discussing the resulting policy problems, he briefly reviews the policy process and questions its adequacy in the new world of telecommunications.     

Digital divide in a developing country

Enthusiasm for the benefits of the information revolution is boundless; it promises to provide economic opportunity, growth and democratic communication. Yet, these promises are fulfilled only to those with access and competence to use these new technologies. Stark international and national contrasts exist between those who have access to the information technologies and those who have not. Despite the increasing attention digital divide issues have received in the public arena, in the academic literature, there is no consensus regarding the appropriate policy to implement. This paper draws on the different policy trajectories recommended by the literature of telecommunications development and uses them as an analytical lens to examine the case of a developing country like Mexico. It explores the underpinnings of the digital divide in Mexico and provides the data that substantiates the concept. The argument in this paper is that the Social Capital concept is useful in the design and implementation of a universal access policy. From this standpoint, the focus of the debate moves beyond short-term supply considerations to dynamic issues such as technological adoption in an asset-based community development.     

Leveraging the EU regulatory framework to improve a layered policy model for US telecommunications markets

What is the best way to overhaul the current telecommunications legislative framework in the United States? This is an ongoing debate among telecom policy analysts and many others affected by the legacy of regulatory compromises that govern US telecommunications (and related information and media) industry sectors. This paper compares a Layered Model for US telecommunications policy with the regulatory framework adopted by the European Union. Both approaches focus on service characteristics rather than underlying technological traits.¹ It becomes clear that the Layered Model could be adopted to move away from sector-specific regulation, and could successfully use conventional market analysis criteria.     

Competition and social objectives: The case of West German telecommunications

This article discusses the problems which arise if liberalization in telecommunications has to be brought about under strong equity constraints. It is shown that, under West Germany's political framework, the average consumer exerts a much larger influence on telecommunications policy than in, for example, the USa. Distributional concerns therefore play a major role in German telecommunications policy. A strategy is presented which satisfies these equity constraints. The main elements are: (a) to keep the monopoly on the network level; (b) to allow service competition; but (c) only under a regime of ‘harmonized tarrifs’.     

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.     

US telecommunications regulation: Will technology decide?

Twenty years ago, the telecommunications industry was an established regulated monopoly. But improvements in technology and reductions in costs have ripped apart the premises of natural monopoly and the economic rationale for public utility regulation. The authors review past US telecommunications policy and question the assumptions of the current search for a policy for the future. They believe that, for the industry to develop, institutions and restraints need to be removed.