Telecommunications in Canada: The regulatory crisis

The article highlights the need for a national dimension in Canada's telecommunications systems. But the national dimension is undermined by the country's haphazard regulatory structure, and the consequent barriers to fair and equitable access to telecommunications services. A solution is proposed in the form of a national regulatory body which, without constitutional rearrangement, would yield effective federal authority and simultaneously ensure that valid concerns of a local or intraprovincial nature are taken into account.     

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.     

Telecommunications policy-making in New Zealand during the last two decades

During the last two decades the traditional roles of the major providers of telecommunications services have changed due to internal and external economic, political, social and technological pressures. This paper, using case-study research, describes the ‘change agents’ and formal structures involved in telecommunications policy-making processes, taking note of a move towards, and need for, a coherent national communications policy. It illustrates how decisions have been made and lays the groundwork for a more detailed study of the evolutionary changes in telecommunications policy-making in New Zealand in subsequent years.     

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 and investment decisions in the Philippines

This article is a rejoinder to the article written by R.J. Saunders published in the December 1983 issue of Telecommunications Policy on investment decisions in telecommunications. The author, in this brief paper, attemps to discuss the decision-making process in telecommunications investments described by Saunders and as it relates to the practical experience of the Philippines and other developing countries in a similar situation. Attention is given to how the national telephone programme in the Philippines is being developed. Efforts have been exerted to identify the similarities and basic differences of the Philippines to other developing countries.     

Regulation and efficiency in transition: The case of telecommunications in Italy

In regulating the telecommunications industry, the separation between network and retail functions, which is designed to countervail the market power of incumbent operators, is a relevant issue. Despite its importance, little empirical research has addressed the effects of such a separation. Accordingly, this paper provides insights into the consequences of the Italian communications regulatory authority's (AgCom) decision to impose this type of separation on the incumbent telecommunications operator, Telecom Italia. In particular, the studied separation is between the firm's network-related functions, and those used for provision of its communication services. The present research finds that the type of separation implemented by AgCom allows a provider to maintain the advantages of operational scale in its network structure without dampening competition in the existing market for communications services. The study also offers further empirical evidence on the advantages of a composite vs. translog function in analyzing the multiproduct cost structure of a telecommunications operator.     

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.     

Economies of Scale and Scope in Australian Telecommunications

This paper employs a composite cost function toexamine the cost structure of Australian telephoneservices. The composite cost model combines thelog-quadratic input price structure of the translogmodel with a quadratic structure for multiple outputs. Quadratic output structures permit the measurement ofeconomies of scale, economies of scope, andsubadditivity without prejudging their presence. Model estimates, on Telstra system data from 1926 to1991, show that the production of Australian telephoneservices exhibits economies of scope but no rayeconomies of scale.     

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.     

Telecommunications companies: One meeting with any competitor is enough to violate the EU's competition laws and result in fines

This commentary's purpose is to review how Telfort, T-Mobile, Vodafone, and others discovered that one “meeting” of any type with any telecommunications competitor could result in fines up to 10 percent of total “turnover” under EU competition law Regulation no. 1/2003, Article 23(2)(a), and to provide planning tips on how to eliminate the potential for those adverse consequences. While competition laws do not apply solely to the telecommunications industry, they do seem to affect it disproportionately. Telecommunications companies have global reach, and some of the most stringent competition law exists in Europe. Thus, all should review the most recent telecommunications ruling from the European Court of Justice, T-Mobile Netherlands BV v. Raad van bestuur van der Nederlandse Mededingingsautoriteit C-8/08 (2009). ¹ The ruling deals with whether the one meeting was “concerted activity” in violation of Article 81(1) EC.     

Independence and the regulatory state—Telecommunications in Scotland and the rest of the United Kingdom

In the autumn of 2014 the residents of Scotland, but not other parts of the UK, will vote on whether to leave the UK and to become a separate state, with a positive vote leading to an independent parliament expected to be elected in 2016. It would remain within the EU and in compliance with its acquis communitaire. This paper identifies issues that would have to be addressed in preparing for and creating a new system of governance for telecommunications markets on that tight timescale.     

UK strategy - the momentum of change

In July 1980, the UK government set into motion a programme of reform for telecommunications. The British Telecommunications Act 1981 maintains British Telecom's exclusive privilege but provides for market entry in network transmission, services and attachments. The process continues with a new Telecommunications Bill, currently being considered by Parliament, which will make shares available to the public and allow for the creation of a new Office of Telecommunications (OFTEL). Jonathan Solomon considers the impact of the new legislation on the UK telecommunications environment.     

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.     

Global competition and EEC policy in telecommunications: An Italian perspective

Within the framework of increasing US and Japanese competition, an interpretation is given of the future development lines of European telecommunications. Europe is lagging behind in this sector; this is explained in terms of the subdivision of services at the national level and the fragmentation of industrial areas within the respective countries. The minimum basis for recovery should be the establishment of a common European base in the telecommunications sector. A European scenario is proposed with particular attention devoted to the Italian problems in restructuring and development.     

The interplay of regulation and other drivers of NGN deployment: A real-world perspective

This paper contributes to the current, lively debate on which factors induce or hinder the deployment of next generation networks (NGNs), where regulatory design plays the key role. As a country with one of the highest levels of fibre deployment, intense infrastructural competition in urban areas and regulated access to both copper and fibre networks, Slovenia is an interesting case to explore using the recent theoretical and empirical findings. First, the impacts of regulation and other factors on investment decisions are explored. Second, the impact of NGN investments on investors' performance is analysed and explained, and we focus on both the investors' business strategies and the demand for NGN services. Third, the regulatory policy in both regimes, namely, before and after the mandated access to fibre was implemented, is discussed and changes are proposed.     

The changing nature of the ITU Plenipotentiary

The Plenipotentiary Conference is the supreme organ of the International Telecommunication Union (ITU). Since the Nairobi Plenipotentiary in 1982, there has been much debate about the role of the Plenipotentiary and even the future of the ITU in the continuing telecommunications revolution. This article explores the major attributes of the Plenipotentiary by comparing the Nairobi Conference with the five post-second world war Plenipotentiaries that preceded it. Criticisms are evaluated and suggestions for improvement are made.     

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.     

Different paths to universal access: The impact of policy and regulation on broadband diffusion in the developed and developing worlds

The authors examine the broadband digital divide by analyzing the impact of policy and regulation on broadband Internet diffusion. Their multiple regression analysis shows factors that determine broadband diffusion in technologically developed countries do not necessarily have the same impact in less developed countries. They show that in technologically developed countries, there is greater broadband diffusion in countries that make a higher financial investment in information and communication technologies (ICTs), have effective governing practices at the national level, have higher levels of education, and are more urban. In technologically developing nations, a competitive telecommunications sector and higher investment in ICTs lead to greater broadband diffusion, with investment having an even larger impact in the developing world than in the developed world. In addition, stronger democratic political institutions, higher levels of national income and lower levels of income inequality increase diffusion, but the presence of a national telecommunications regulatory authority has a negative impact. These results suggest that the path to widespread availability and use of broadband requires different strategies depending on a nation's level of technological development.     

The disruptive potential of PWLAN at the country-level: The cases of Germany,the UK,and the USA

This paper analyzes the impact of WLAN technologies for incumbent MNOs based on an empirical cross-country study of the players in the public WLAN-hotspot market using the theory of disruptive innovation and theoretical extensions for the industry- and country-level. The main research question to be analyzed is whether and why PWLAN has shown a disruptive or sustaining impact trend for incumbent MNOs in the hotspot markets of Germany, the UK, and the USA in recent years. The results imply that incumbent MNOs and new entrants have taken advantage of the opportunity provided by PWLAN, but the market success of both types of players varies between the countries analyzed. Incumbent MNOs dominate in Germany but not in the UK and the USA. The reasons for these country-specific differences were further investigated, and the results suggest that the analysis of disruptive potential in telecommunications needs to include country- and firm-specific factors, which are, again, largely influenced by the local regulation.