International Regulatory Law

Telecommunications is an inherently trans-national technology. As such, the development of telecommunications has always required substantial cooperation and agreement between nation states. Cooperation can be seen at a number of different levels, including the need for adherence to certain standards, both technical and operational. Historically, the need for ongoing cooperation between states has meant the establishment of inter-governmental organizations, of which the International Telecommunication Union (ITU) lays claim to the oldest pedigree of any such organization. These inter-governmental institutions have been responsible for laying down much of the framework that comprises international telecommunications law and regulation.

Convergence

The purpose of this chapter is to explain, in the context of telecommunications law and regulation, the regulation by EU and UK law of audiovisual and radio media services. Overarching principles are found in the Audiovisual Media Services Directive, which takes an approach described as technologically neutral, but established two top-level categories of regulation, for television (or linear) services and on-demand (or non-linear) services. In the case of television services, a wide range of standalone works and comprehensive Sections or chapters on the regulation of broadcasting are available. As such, the focus here (with a view to the interests of readers) is on licensing of content and multiplex services by Ofcom and the handling of complaints about those services, with a bias towards the standard licences for services on cable, satellite, internet, and digital terrestrial platforms, and the regulation of DTT multiplexes and of on-demand services, as opposed to detailed description of the BBC and the commercial public service broadcasters. Indeed, the European Court of Human Rights has regularly found that the regulation of communications infrastructure can have a real impact on the receiving and imparting of information.

Capacity Agreements

In a competitive communications environment, capacity agreements enable operators at every level to offer their customers more choices, to develop innovative new product offerings, and to increase revenue and market opportunities. This in turn encourages increased competition and enhanced efficiency in communications facilities.

Access and Interconnection

For the purposes of this chapter, and under the European Union’s Access Directive, the term ‘access’ encompasses all kinds of contractual (private law) arrangements under which an operator or service provider acquires services from another operator in order to enable it to deliver services to its own customers. The issues discussed in this chapter relate to the regulated (public law) rights of operators to access each others’ networks and services at a wholesale level, not the rights of end users to access telecommunications services, at a retail level.

European Union Communications Law

The past thirty years and more has seen an extraordinary level of policy, legal, and regulatory activity in the telecommunications sector within the European Union (EU); with well over 100 different directives, decisions, regulations, recommendations, and resolutions, relating to every aspect of the industry, having been adopted since 1984. Such activity is a clear illustration that market liberalization should not be confused with concepts of market deregulation. While from a UK perspective, initial EU regulatory intervention in the telecommunications sector seldom impinged on the wider public consciousness, largely due to developments already commenced domestically, some Member States experienced significant political fall-out from Commission initiatives in the area, such as public sector industrial action.

Corporate and Multinational Enterprise Telecommunications Transactions

This chapter explores specific legal aspects of telecommunications solutions tailored to multinational enterprises (MNEs) and other large corporations. Although many service features addressed in this chapter could to a greater or lesser extent apply to smaller business customers and even certain residential end-users, there are two key reasons for special consideration in this book: the MNEs’ scale and sophistication of operational needs and their cross-border spread.

The Economics of Telecommunications Regulation

This chapter is primarily intended as a work of reference, providing an overview of the economics of telecoms regulation and summarizing the key economic regulatory concepts of the industry. While the focus is mainly on the economic regulatory developments in the UK, the conclusions and discussion should be relevant to all countries that have embarked on telecoms liberalization.

Telecommunications Law and Regulation an Introduction

This book examines national, regional, and international legal and regulatory frameworks governing the telecommunications sector, particularly the provision of all forms of network infrastructure, communication services, and equipment supplied for the transmission of data and information. The book is entitled ‘telecommunications’ rather than ‘communications’, despite the best attempts of European Union law to recast the terminology. Telecommunications remains the preferred term for a number of reasons. First, the change of regulatory terminology is still not reflected in industry discourse, let alone among the wider general public. Second, the book is intended as a text for a global audience, not just the UK or Europe, so it does not seem appropriate for EU terminology to be imposed on our readers. Third, the many historical and cross-jurisdictional aspects of the book recommend consistency as an aid to comprehension. The book does, however, use the terms ‘telecommunications’ and ‘communications’ interchangeably.

The Telecommunications Regime in the United Kingdom

In a sense the early history of telecommunications begins with the telegraph. Telegraph messages are conveyed over distances but for most of the way they take a non-material form.

Internet Service Providers

This chapter examines the regulation of third party content transmitted by Internet Service Providers (ISPs), though that general term of art needs definition for the purposes of the chapter. The chapter considers in turn three aspects of the transmission of content over ISPs, though not the provision of content owned by or affiliated with those ISPs. The aspects considered are in turn: