Abstract
This chapter reminds the key regulation principles of the telecom market and the challenges posed in this area by the new business context. The evolution of objectives and tools guiding regulatory action are presented in parallel with the transformations of the sector, from the initial steps of liberalization in the nineties to the 2009 framework review and the questions triggered by its application. The chapter more specifically examines the consequences on regulation of the convergence phenomenon – including how public policies’ scope and aim are modified by the new, complex models of relationship between players of the wider ecosystem, and what type of innovative regulatory approaches may hence be required, as illustrated by the recent works on the net neutrality topic.
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References
Laffont, J.-J., Tirole, J.: Competition in Telecommunications. MIT Press, Cambridge (2001)
Curien, N., Maxwell, W.: La neutralité d’Internet, La Découverte (2011)
The telecom package first includes directive 2009/140/CE of European Parliament and Council (Better regulation) amending directives 2002/21/CE (Framework), 2002/19/CE (Access) and 2002/20/CE (Authorization). The second part is made of directive 2009/136/CE (Citizen’s Rights), modifying directives 2002/22/CE (Universal service) and 2002/58/CE (Privacy) as well as regulation (CE) n°2006/2004 on cooperation between national authorities in charge of consumer protection. Lastly, a new regulation (CE) N° 1211/2009 creates the new regulators’ body BEREC. These texts were published in EUOJ (December 18, 2009)
Ecorys: Steps towards a truly Internal Market for e-communications delivered - In the run-up to 2020 (November 14, 2011)
Wu, T. (Columbia University, Law School): Network Neutrality, Broadband Discrimination. Journal of Telecommunications and High Technology Law 2 (2003)
Internet governance principles, Council of Europe Conference in Strasbourg, April 18-19 (2011)
Through the Law of 22 March 2011, French Parliament has asked ARCEP to provide an update on the status of net neutrality. ARCEP submitted on 20 September 2012 its report to Parliament and the Government on this issue. French and English information can be found here: http://www.arcep.fr/index.php?id=8652
BEREC has published a significant amount of findings and guidance on net neutrality. Most recently, it has adopted two Reports (on differentiated practices and related competition issues, and on IP interconnection), as well as Guidelines on Quality of Service, at the BEREC Plenary on 6 December 2012, after a public consultation during the previous summer (report on the consultation also available). All this material, together with useful overview and summary documents (which provide a concise description of three years of BEREC’s activities in the field of net neutrality) can be found here: http://berec.europa.eu/eng/news_consultations/whats_new/1281-berec-has-adopted-two-summaries-and-the-updated-reports-on-net-neutrality
The quotations from Marie-Anne Frison Roche (translation courtesy of the author of this article) are from her interview with Benjamin Cruard in Sectorial regulators: hostesses in a cocktail (November 10, 2011)
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Trainar, N. (2013). New Regulatory Approaches in an Evolving Market Structure. In: Bertin, E., Crespi, N., Magedanz, T. (eds) Evolution of Telecommunication Services. Lecture Notes in Computer Science, vol 7768. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-41569-2_9
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DOI: https://doi.org/10.1007/978-3-642-41569-2_9
Publisher Name: Springer, Berlin, Heidelberg
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