Convergence and privatisation in telecommunications «regulation of access to limited resources in telecommunications sector in Europe»
Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review
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Proceedings of the 48th Colloquium on the Law of Outer Space. American Institute of Aeronautics and Astronautics Inc. (AIAA), 2006. p. 443-453 (Proceedings of the 48th Colloquium on the Law of Outer Space; Vol. 2006).
Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review
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RIS
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 -