TY - CHAP

T1 - Convergence and privatisation in telecommunications «regulation of access to limited resources in telecommunications sector in Europe»

AU - Smith, Lesley Jane

AU - Levy, Kate

N1 - Conference code: 48

PY - 2006

Y1 - 2006

N2 - Access to frequencies on the radio spectrum is vital to any private telecommunications operator. The radio spectrum and usable frequencies are considered limited natural resources and, as such, their assignment is highly regulated at international, regional and national level. In light of the liberalisation of the telecommunications market in Europe and its opening up to competition, it has become evident that preferential or unfair access to this limited resource may distort competition, contrary to principles of EC competition rules. The European Union has approached this problem by establishing that regulation of the spectrum should fall, at national level, on the independent National Regulatory Authority. This authority must ensure that radio frequencies are assigned according to objective, non-discriminatory and transparent procedures. However, while community-wide harmonisation appears to ensure equality of access to all actors entering the market, recent cases have illustrated the inherent weakness of new operators seeking access to spectrum or numbering resources, compared to those pre-existing operators, who may already have gained considerable access to these resources under the old regime. This paper examines the struggle to ensure fair competition in regulating access to these resources.

AB - Access to frequencies on the radio spectrum is vital to any private telecommunications operator. The radio spectrum and usable frequencies are considered limited natural resources and, as such, their assignment is highly regulated at international, regional and national level. In light of the liberalisation of the telecommunications market in Europe and its opening up to competition, it has become evident that preferential or unfair access to this limited resource may distort competition, contrary to principles of EC competition rules. The European Union has approached this problem by establishing that regulation of the spectrum should fall, at national level, on the independent National Regulatory Authority. This authority must ensure that radio frequencies are assigned according to objective, non-discriminatory and transparent procedures. However, while community-wide harmonisation appears to ensure equality of access to all actors entering the market, recent cases have illustrated the inherent weakness of new operators seeking access to spectrum or numbering resources, compared to those pre-existing operators, who may already have gained considerable access to these resources under the old regime. This paper examines the struggle to ensure fair competition in regulating access to these resources.

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=33750711052&partnerID=8YFLogxK

M3 - Article in conference proceedings

AN - SCOPUS:33750711052

SN - 1563478277

SN - 9781563478277

T3 - Proceedings of the 48th Colloquium on the Law of Outer Space

SP - 443

EP - 453

BT - Proceedings of the 48th Colloquium on the Law of Outer Space

PB - American Institute of Aeronautics and Astronautics Inc. (AIAA)

T2 - 48th Colloquium on the Law of Outer Space

Y2 - 17 October 2005 through 21 October 2005

ER -