Telecommunications Regulation
Discusses typical regulatory rules and the legal and administrative framework for regulation, and looks at regulatory strategies, market structures and approaches to price control. The book includes a number of case studies which show how regulators engage with such topical issues as interconnection and loop unbundling, and also features technical coverage of both numbering and number portability. Finally, it looks at new products and services such as virtual network operators, intelligent networks, radio spectrum and next generation networks, and considers the impact these might have on the future of regulation.
Inspec keywords: telecommunication services; broadband networks
Other keywords: interconnection; local loop unbundling; telecommunication numbering; broadband service; number portability; price control; telecommunication regulation
Subjects: Telecommunication applications; Administration and management
- Book DOI: 10.1049/PBTE050E
- Chapter DOI: 10.1049/PBTE050E
- ISBN: 9780852964446
- e-ISBN: 9781849190879
- Page count: 262
- Format: PDF
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Front Matter
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1 Competition and privatisation: the background to regulation
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Regulation of the telecommunications services industry is taking place in many countries of all stages of economic development. This follows from governments' policies from the 1980s to create competitive markets in this industry, where before there had been monopoly supply. Often, the national government owned the monopolist, which was in some cases part of the civil service, that is, of the government itself. Regulation forms one aspect of a restructuring process that has the three components. Any one of these could be implemented without the others, though obviously they must inter-relate when applied together. The motivation for this restructuring is a belief by governments that competition and private ownership will increase and continue to increase the power of the industry to satisfy growing customer demands with greater economic efficiency. The long-run effectiveness of all this remains to be confirmed by experience, through both boom times and lean times. Although rapid technological development has played a major role in reducing prices in this industry, there can be no doubt that additional strong and downward price trends have been observed over the last two decades in liberalising countries.
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2 The task of regulation
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The regulation of an industrial or business activity is a form of market intervention that aims to stimulate behaviours that would not by themselves emerge. It is a process of developing, agreeing, setting, evolving and enforcing rules of conduct and engagement. It is undertaken to encourage desirable outcomes, or to remedy proven problems. While there are many possible reasons for regulating an industry, the principal focus for contemporary regulation of the telecommunications services industry is the creation, nourishment and maintenance of competitive markets. Telecommunications regulation must serve government objectives for the telecommunications services industry. This industry is a fundamental and essential part of the infrastructure of a modern economy.
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3 The framework for regulation
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This section provides a brief overview of the legislative background to the regulation of telecommunications. Readers requiring more detail about legislation and case law should consult one of the legal guides and textbooks, such as References 1 or 2. This is a rapidly moving field. For example, the 1996 Telecommunications Act of the USA revised the previous legal framework drawn from the 1934 Act, while the European Union revised its Open Network Provision (ONP) framework directives from around 1990 in the period 1997-1998, and has done so again in 2002. This new European framework, which comes into effect in July 2003, is summarised in some detail in the Appendix.
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4 Regulatory strategy and price controls
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Regulation is an activity requiring a great deal of discretion. It is not simply a linear, analytical process, nor is it a purely bureaucratic or policing role. An industry regulator is a constructive agent that must regulate appropriately, since the potential of regulation to bring consumer benefit carries the counterbalancing hazard of inflicting damage on an industry. A regulator within a market economy is not a market manager, and should not attempt to be one. Regulatory market management is in the long run impossible, since no regulator or government has the power to compel individuals or companies to enter a market or make investments. What the regulator should do, however, is to ensure that the market has the maximum potential to operate freely. In so doing, it must address market failure and intervene to curtail the abuse of market power.
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5 Interconnection
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Interconnection between separately owned telecommunications networks is as old as the industry itself. Even yesterday's monopoly networks needed to interconnect for the purposes of international communications. Various standards-setting bodies laid down the technical interfaces and operational basis, enabling telecommunications companies to operate together with an acceptable and well-understood quality of service. The International Telecommunications Union (ITU) is a United Nations charter organisation and a major agent for standardisation. The main concern of this chapter, however, is not with technical standards but with the regulatory arrangements necessary to oversee successful interconnection and interoperation between separate networks in competitive markets.
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6 Telecommunications numbering
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Telecommunications numbers are allocated to individual subscribers and services, and serve as their addresses. They form the method by which a user of telecommunications informs the network of the required destination or service. They are strings of digits, based on the ten digits of the decimal number system. While the range can be extended (and has been extended locally) by the use of additional symbols such as #, *, hexadecimal symbols or letters of the alphabet, any widespread extension is constrained since it would require a major re-organisation of the world telecommunications network.
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7 Number portability
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The portability of a telecommunications number may be defined as the possibility for the user of that service to retain it after some change to the service. Different classes of number portability refer to different changes through which the number is conserved, for example, a change of the user's physical location, a change in the kind of service, or a change of service provider. Service provider portability is an important factor helping the development of a competitive telecommunications market. Without it many domestic and business customers would encounter a real barrier in moving to another supplier, because of reluctance to accept a change of number and so to have to inform their contacts. Regulators therefore use their powers to establish service provider portability in their national telecommunications markets.
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8 Local loop unbundling and broadband services
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Local Loop Unbundling (LLU), is the making available by a telecommunications operator of its physical customer access connections for use by other operators or service providers. These connections, typically thousands or millions of insulated copper pairs, provide the links between customers' premises and serving local exchange sites. Local exchanges provide the gateway to local and long distance services, and via indirect access to competitor network services. Interest in loop unbundling developed during the 1990s as a result of the development of Digital Subscriber Loop (DSL) technologies, allowing high data rates over normal copper pairs that would have seemed impossible as recently as 1980. These offer prospects of switched video and home entertainment services, fast Internet access and broadband private circuits at prices within reach of the ordinary consumer. Local loop unbundling brings new technology into the telecommunications services industry and so raises a host of issues about the optimal way to grow this part of the market and encourage competition to that end. This calls for critical discretion on the part of regulators as they both develop new rules and apply old ones.
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9 New products and services
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This chapter discussed the regulation in telecommunication services sector providing its new product and services. A telecommunications services regulator has to regulate a rapidly changing market. Some of this flux is a result of the regulation itself, but not all. Were the advancement of competition the only change, then a regulator's task might eventually terminate after the transition from monopoly to stable competition. In reality, the market is exposed to technological evolution, product innovation and commercial realignments. The regulator must examine each of these, and react by continuing, withdrawing, amending or extending the intervention currently being practised. The aim in all cases will be to ensure that consumers enjoy the best products at the most advantageous prices, using competition as the primary medium of achieving these goals. The regulator must, therefore, act against actual or potential exercise of market power to the consumers' detriment.
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10 Regulation and the future
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The development of the worldwide telecommunications services industry after nearly two decades of liberalisation, privatisation and regulation presents a mixed picture whose parts give rise both to satisfaction and disappointment. On the positive side, prices in this industry have plummeted both in nominal and real terms, while competition is now a reality in the long-distance, international and corporate markets of many countries. BT has less than 50 per cent of the long distance market for certain customer groups such as in the City of London, while at one stage MCI WorldCom was able to claim it had become a larger carrier than the former incumbent AT&T. Nonetheless, incumbent dominance in the access sectors of most countries has barely been dented. BT is still dominant, retaining about 80 per cent of the UK residential access market, while many former monopolists have kept a greater portion than this of their access markets. BT still makes the bulk of its profits from traditional services. The bursting of the telecommunications investment bubble and the downturn in the telecommunications, media and technology (TMT) sector have seen potential competitors, once financially potent, now deeply indebted and desperately short of access to fresh investment funding. The market for long distance carriage has been confounded by spectacular improvements in the capability of dense wavelength division multiplex (DWDM) optical fibre technology. The resulting overhang of excess capacity, driven also by optimistic predictions of data volume growth, will exert a downward force on revenues for some years. This canvas presents a depressing picture to those who may have hoped that regulators would shortly be able to withdraw from effectively competitive markets.
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Appendix: the new European framework
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This appendix presents the European regulatory derivatives in telecommunication regulatory framework. European Union directives on telecommunications regulation have the harmonisation of regulation among the member states as an objective. This is an additional purpose to that of regulation in general, and is aimed towards the creation of a single European market. European directives thus specify the type of regulation that should or should not be enacted in member states, and contain much in the way of administrative provisions. They do not reproduce precisely the content of national laws and regulatory rules, although they have a very large influence upon them. The basic European approach to telecommunications regulation was established in 1990 with the following directives. A further reappraisal of the telecommunications regulatory framework has led to a new set of four directives in 2002, which are described in this article. There now follows a summary of the provisions of each of the directives listed in Table A.1. This summary represents the author's paraphrase of the more important features. The original text, which can readily be obtained via the European Union's web site, is acknowledged and is in all cases complete, authoritative and definitive. Where editorial comments have been inserted in these summaries, these are distinguished by the use of square brackets.
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Back Matter
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