Regulating convergence in Europe

Abstract

Summary form only given. The presentation will examine some of the main regulatory issues brought about by the convergence of the IT, telecoms and media technologies and services, the likely challenges for regulators and regulated alike and finally look at the ways these have been dealt with at a transnational (EU) and at a national level (UK). As there is no agreed universal definition of the term convergence the presentation will initially examine what we understand this term to mean, both in terms of the ability of different technologies/ networks to provide similar services and/ or, the ability of a single technology to provide a range of different services, such as the so-called Triple play. This convergence of services and technologies, which has been brought about by technological developments as well as business needs (reduction of costs, customer retention, ...etc.), is challenging the well established norms within the existing distinct industries of telecommunications, broadcasting and IT. The traditional legal and regulatory frameworks which were designed when there were clear technological and functional differences between services, infrastructures and providers are no longer able to deal adequately with the new markets, the new challenges and as such we will examine, with some emphasis, some of the sector specific issues that arise as a result of convergence namely licensing, content issues and consumer protection. The challenges brought about by convergence have necessitated changes in the legal and regulatory frameworks as well as changes in the powers and structures of the institutions regulating these markets. There was a need to shift towards a flexible and technology-neutral regulatory treatment of the different information and communications infrastructures whilst creating or adapting existing regulatory bodies so as to be able to effectively regulate the telecommunications, broadcasting and information technology sectors under the new era. The presentation will examine some of these challenges and in particular the ability of the competition framework to ensure the effective protection of competition between players for the benefit of the consumers and the country as a whole. Using the EU as an example we will examine the way it has sought to accommodate convergence through a neutral framework under the 2003 New EU Regulatory Framework for electronic communications. We will examine briefly the framework which was conceived to enable whilst at the same time regulate convergence based on the principle of technological neutrality being reflected in the three main definitions set out in the Framework Directive: Electronic communications networks: systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit and packet switched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed. Electronic communications services: Service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecoms services and transmission services in networks used for broadcasting, but exclude services providing, or exercising editorial control over, content transmitted using electronic communications networks and services; it does not include information society services, such as the provision of web-based content, which do not consist wholly or mainly in the conveyance of signals on electronic communications networks . And of Associated facilities: Those facilities associated with an electronic communications network and/or an electronic communications services which enable and/or support the provision of services via that network and/or service . We will look at the legal framework which has been able to do away with any legal definitions for 'telecoms' and 'media' thus bringing under the New Regulatory Framework the conveyance of electronic signals either by telecommunications or media networks thus allowing for the regulation of a converged industry. In closing the presentation will briefly look at the UK example and how it has implemented the EU framework and has adjusted to a converged environment through the changes to its legal framework and its institutional set up with the creation of OFCOM.