Telecommunications Regulation Research Articles

The Role of Telecommunications Regulation in Supporting Universal Access Based on the Theory of Law as a Tool to Achieve Social Goals

Universal access to telecommunications services is a key factor in achieving social justice and sustainable economic development. The availability of widespread and affordable telecommunications services is crucial for various segments of society. Efforts to achieve equitable and affordable telecommunications access face various challenges, especially in remote and underdeveloped areas. Regulation plays a crucial role in supporting universal access to equitable telecommunications services. The application of legal theory as a tool to achieve social goals can be seen through various policies designed to support universal access. A comprehensive and inclusive legal approach to telecommunications regulation can act as a catalyst for positive and sustainable social change

Indonesia’s latest regulation in telecommunications to support broadband services and conductive investment

In the era of digital disruption, the imperative development of broadband services is evident. The emergence of 5G technology represents the latest stride in commercial broadband, offering data speeds poised to drive significant societal advancement. The midst of responding to this transformative phenomenon. This pursuit unveils a landscape replete with opportunities and challenges, particularly regarding how 5G’s potential benefits can drive the government towards equitable distribution, ensuring accessibility for all. Simultaneously, there exists a legal hurdle to ensure this vision’s fruition. From a legal perspective, perceived as infrastructure for transformation, the law must seamlessly adapt to and promptly address technological progress. Utilizing normative juridical methods and analytical techniques via literature review, this research endeavors to outline the advantages of 5G and scrutinize Indonesia’s latest telecommunications regulations and policies, alongside corresponding investments. The study ultimately aims to provide a juridical analysis of 5G implementation within Indonesia’s legal framework.

Telecommunications Regulation in the Post-5G Era: Bridging the Digital Divide

The ongoing digitalisation of society has led to a growing disparity between the digitisation of life and the ageing of the population. This has resulted in a significant number of elderly individuals becoming disadvantaged in the digital age. The issue of how to assist the elderly in crossing the "digital divide" has therefore become a crucial concern. In the context of an ageing society and the advent of the post-5G era, it is of practical significance to discuss the regulation of the telecommunication industry in order to eliminate the digital divide of the elderly. This paper proposes corresponding measures from the perspective of telecommunication regulation in the post-5G era to bridge the digital divide for the elderly and provide systematic and scientific support for the promotion of fair social development.

Model analysis on the economic impact of paid peering: Implications of the Netflix vs. SK broadband dispute

In April 2020, Netflix, Inc. and its Korean subsidiary Netflix Services Korea Ltd. filed a lawsuit against SK Broadband, Inc., seeking confirmation that there were no obligations to bear network costs. On June 25, 2021, the Seoul Central District Court rejected Netflix’s argument and acknowledged the existence of an obligation to negotiate fees. Netflix subsequently appealed the decision on November 5, 2021. However, on September 18, 2023, SK Broadband and parent SK Telecom suddenly announced in a joint statement with Netflix that they had agreed to establish a strategic partnership to end all disputes. This study provides an overview of the case, discusses the related concepts, and analyzes the meaning of the case outcome in terms of efficient resource allocation within the broadband ecosystem. A model analysis revealed that, with the freedom of price setting, the effect of introducing paid peering is neutral with respect to resource allocation; however, when that freedom is impaired, for example by price regulations or net neutrality obligations, the introduction of paid peering not only generates benefits for the introducing players and their customers but it also results in damage to overall social welfare. In addition, this study shows that paid peering can be used as a means of internalizing externalities when the external economies of network/content investment are considered. These arguments are expected to make a theoretical contribution to the debate on shifting the economic burden of network infrastructure to over-the-top players, and help the telecom regulator to better design universal broadband scheme.

The new regulation of telecommunications. The single voice of the European and national decision maker

ABSTRACT The essay explores the challenges and opportunities presented by the new European electronic communications code (EU Directive 2018/19712) within the context of the European strategy for the digital market. It discusses the evolution of digital platforms, emphasizing their significance as information intermediaries. The concept of “netizenship”, or digital citizenship, and its cultural relevance in the modern era is explored. The document also highlights the importance of algorithmic transparency and the evolution of privacy in the age of Big Data. The issue of digital sovereignty is addressed, and the urgency for enhanced data protection in an increasingly connected world is underscored.

The future EU postal regulation. What can be learnt from the telecommunication regulations

Postal and telecommunication markets are part of the network industry, regulated by specific regimes. After a long period of legal monopoly, the telecommunication market was fully liberalized before the postal one. Thus, the telecommunication regulatory framework has always been a pattern for the postal market in the EU. These two markets constantly develop in the fast-changing technological environment and shifting customer demands. The paper deals with the regulatory challenges of the EU postal market in light of the recently adopted telecommunication regulation - the EU Directive 2018/1972 establishing the European Electronic Communications Code. The directive has set new regulatory goals changing them to focus on high-speed internet connectivity and a more consumer-oriented market. The current postal regulatory framework has achieved all its goals and needs new ones to adjust the market to contemporary challenges. First, the paper critically analyzes the current EU regulatory framework in the postal market. Then, it proposes a new regulatory model considering market needs like mail-oriented universal postal service, fast-growing e-commerce, and the competition from new entrants.

REVIEW OF TELECOMMUNICATION REGULATION AND POLICY: COMPARATIVE ANALYSIS USA AND AFRICA

This paper presents a comprehensive comparative analysis of telecommunication regulation and policy frameworks in the United States (USA) and various African countries. Telecommunications play a pivotal role in socio-economic development, and the regulatory environment significantly influences the sector's performance. The study explores the historical evolution, regulatory bodies, and frameworks in both regions, aiming to identify commonalities, disparities, and the impact of regulatory approaches on market dynamics. The review begins by delineating the theoretical foundations of telecommunications regulation, emphasizing concepts such as market liberalization, competition, and regulatory governance. A historical overview traces the development of regulatory frameworks in the USA and Africa, shedding light on the contextual factors that shaped each region's approach. In examining telecommunications regulation in the USA, the paper delves into the roles and responsibilities of key regulatory bodies, notably the Federal Communications Commission (FCC). The regulatory framework is scrutinized, with a focus on market liberalization, spectrum management, and licensing policies. Achievements and challenges within the US regulatory landscape are critically evaluated. Turning to Africa, the study explores the diverse regulatory approaches adopted by selected countries and the influence of regional organizations on policy formulation. Common challenges faced by African regulators, as well as unique contextual factors shaping the regulatory landscape, are discussed. The heart of the analysis lies in the comparative assessment of regulatory objectives and policy instruments between the USA and Africa. The study evaluates the alignment of these objectives with the socio-economic context of each region and assesses the effectiveness of policy instruments in achieving regulatory goals. Examining the impact on the telecommunications sector, the paper contrasts market structures, competition levels, and the role of regulation in fostering technological development. The analysis extends to the implications of regulatory frameworks on the deployment of emerging technologies, such as 5G. The paper summarizes key findings, highlighting patterns, trends, and lessons learned from the comparative analysis. The implications of these findings for future research are discussed, emphasizing the potential for international collaboration and the identification of areas where improvements in regulatory frameworks can contribute to the sustainable development of the telecommunications sector in both the USA and Africa.
 Keywords: Telecommunications Regulation, Telecommunications Policy, Comparative Analysis, USA, Africa, Digital Inclusion.

Editorial

This editorial argues from content in this issue that telecommunications regulation has not kept pace with convergence of telecommunications and content providers. It suggests that the loose co-ordination between regulations and regulators for telecommunications services and digital platforms no longer makes technological sense within the converged architectures of 5G and 6G.
 In addition, all the published papers, not just those relating to regulation, are briefly described. This issue also includes an obituary for John Burke, an influential member of this Journal’s Editorial Advisory Board.

A data‐driven assessment of mobile operator service quality in Ghana

AbstractThe rapid proliferation of mobile services has increased the need for data‐driven oversight of service quality, yet deriving insights from regulator‐collected datasets remains challenging. This study demonstrates techniques to tap the rich potential of drive test measurement data for analytical regulatory and policy decision‐making. Focusing on leading operator MTN in Ghana, we analyzed 4 years of drive test data supplied by the telecom regulator for the capital city of Accra. Three key performance indicators were evaluated—coverage, call setup time, and speech quality. We assessed service quality trends through statistical summaries, data visualization, and machine learning modeling and predicted speech quality scores. Our analysis revealed deteriorating performance post‐2019 and found that the light gradient boosting machine algorithm provided the highest accuracy predictions of speech quality. Overall, this work showcases how regulators can capitalize on vast datasets using big data mining techniques to evaluate network conditions over time and geography, enhancing field measurements for oversight. Our approach and techniques provide a template for evidence‐based policy‐making to uphold consumer service quality as mobile networks evolve.

A REVIEW OF POST-COVID TELECOMMUNICATION INVESTMENT TRENDS: IMPACTS ON INFRASTRUCTURE DEVELOPMENT

The post-COVID era has catalysed a transformative phase in the telecommunication sector, with dramatic shifts in both consumer behaviour and enterprise needs. This study offers a synthesized review of investment trends in telecommunications following the pandemic, detailing their implications on infrastructure development. The initial pandemic response saw an exponential rise in the demand for robust connectivity, necessitating rapid infrastructural adjustments to cater to remote work, online education, and digital healthcare. This paper identifies significant post-COVID investment trends in telecommunications, which include an augmented drive for broadband and fibre-optic expansion, an accelerated rollout of 5G networks, heightened investments in cloud services and data centres, and a notable surge in mergers and acquisitions. This investment influx has palpably advanced infrastructure development rates, with a focus on enhancing capacity, speed, reliability, and geographical reach. However, the ramifications of this swift expansion are multifaceted. On the socio-economic front, there has been substantial job creation, technology democratization, and improved accessibility, especially in historically underserved areas. In parallel, the environmental footprint of this growth is also scrutinized, shedding light on increased energy consumption, challenges in electronic waste management, and resource utilization. From a business perspective, while there's enhanced market competition and improved service quality, companies also grapple with new challenges in customer retention, experience management, and competitive differentiation. Furthermore, this paper elucidates evolving policy landscapes, marked by modified telecom regulations, incentivization strategies, and measures to ensure equitable access. In conclusion, the post-pandemic telecommunication investment trends have undeniably fast-tracked infrastructure development, but with nuanced implications for society, environment, business, and policy. The forward trajectory, though promising, requires a harmonized effort from stakeholders to ensure sustainable and inclusive growth. 
 Keywords: Telecommunication, Infrastructure, Investment, Government, Post-Covid, Policy.

Telecom industry grievance redressal system: a study of ombudsman approach in selected countries

PurposeThis study aims to explore the telecom regulations and telecom reforms of different countries in the context of consumer complaints and grievance handling. The telecom dispute resolution mechanisms of countries such as Australia, the USA, the UK and India are studied. This qualitative research is carried out for the three major telecom markets: Australia, the USA and India.Design/methodology/approachHere, research is conducted in two stages. In the first stage, the telecom policies of the major telecom markets, their ombudsman policies and consumer grievance redressal mechanisms are studied. In the second stage, the qualitative analysis of the three telecom markets, Australia, the USA and India, is conducted through in-depth interviews, the questionnaire method for telecom customers and secondary research.FindingsTelecom customer satisfaction is significantly higher in countries with the telecom ombudsman as a system of telecom governance redressal. This study dedicates significant importance to the distinctiveness of the grievance resolution systems in different countries and suggests recommendations for improving the mechanisms. The recommendations given in the research study emerge as the output of interviewing telecom experts, academicians and researchers and court judges.Research limitations/implicationsThis study has partial limitations as primary research was carried out only in selected countries with limited participants.Practical implicationsThis study is useful for policymakers, regulators and think tanks in the telecommunications sector.Social implicationsThe resolution of individual customer grievances is significant to the telecom industry and all participants. A well-oiled grievance redressal system enhances the trust among the service users and aids in the industry’s growth. Further practical assessment of redressal offered by different telecom operators can be used for benchmarking, and it can create an onus on telecom operators for timely and adequate redressal of consumer complaints. In certain countries with a well-developed alternate dispute resolution (ADR) mechanism, the service offerings of telecom operators and the quality of services are deemed to be better than those without such an ADR. The research aims to bring in the positives of ADR systems from specific telecom markets and suggest the effectiveness of such ADR for countries such as India, which has over 1.17billion active subscribers. This research aims to aid responsive communication with telecom consumers in the overall telecom industry, which can bolster telecom consumers’ confidence and help the industry grow sustainably. Discussing perspectives on telecom dispute resolution in various conferences and discussing use-cases of innovative dispute settlements can act as stimuli in this space. As ADR procedures are conducted in the shadow of the law, a dispute resolution framework must have a buy-in from the government, telecom experts, the judiciary and private telecom stakeholders. This can only help achieve a framework that can reap the benefits of various ADR/ODR processes facilitating better access to justice, including cost-effectiveness, swiftness, a broader reach for dispute resolution and improved efficiency of dispute resolution.Originality/valuePrevious studies have focused on the study of telecom reforms and mechanisms in a particular country and there was a limited comparison with other countries’ mechanisms. Also, there has been minimal research in this area in recent years. This paper contributes to analyzing the effectiveness of the telecom ombudsman framework in Australia, the USA, the UK and India. It also studies the reforms and consumer grievance-handling mechanisms in a few other countries. It also gives well-researched recommendations for improving the consumer grievance resolution system.

Legal and regulatory framework for mobile banking in Tanzania

PurposeThis paper aims to assess the legal and regulatory framework for mobile banking (M-banking) in Tanzania. The technological development in information and communication technologies has converted a mobile phone from a simple communication device to a very complex instrument that allows people to perform various digital transactions and extra operations such as web browsing and email reading. Such tremendous developments have brought in place the regime of M-banking. The birth of M-banking has brought legal and institutional challenges that were not anticipated before. It has complicated the traditional role of the telecommunication regulator and financial regulator in the business and caused legal gaps that need to be bridged.Design/methodology/approachTo disclose the legal gaps and bridge them, the study used doctrinal legal method and comparative study to learn the experience of international legal instruments and policies and laws of other jurisdictions. This paper has evaluated the contribution of international legal instruments and legal frameworks of foreign jurisdictions such as Kenya and the Philippines.FindingsIt has been revealed that the prevailing laws regulating M-banking in Tanzania do not adequately address and bridge the existing legal gaps. There is a need to enact a specific law regulating M-banking and confer such powers to a specific institution to deal with regulatory issues.Originality/valueThis paper stresses the importance of enacting new laws that will offer room for financial inclusion in the digital economy and protect consumers against financial risk. It also intends to act as a catalyst and change agent in policy and legislative development in the M-banking industry. It would also bring special attention to addressing consumer rights, security and risky issues surrounding the M-banking industry. Although several other authors in Tanzania have written in this area, they have not clearly focused on disclosing the existing legal gaps resulting from the convergence of the financial and communication sectors. This paper is therefore trying to offer an extensive discussion on the legislative development in the M-banking industry in Tanzania.

Radio Frequency Interference: Sources, Mathematical Formulation and Resolution Methodology

The main mission of the telecommunications regulator is to ensure the equitable management of radio frequency resources and to intervene in the event of disputes between actors in the sector. The rational use of allocated frequencies often encounters difficulties that sometimes require the intervention of the regulator. The problem of radio frequency interference is the most recorded. In this paper, we will focus on radio frequency interference while addressing the problem under three key points: interference sources, mathematical interference formulation, and proposed resolution methodology.

Legal and Policy Gaps Affecting Digital Rights in Malawi

Digital rights are human rights in the digital era, specifically on the internet. Digital rights are becoming critical as people increasingly spend a lot of time online, accessing different services and information that are key to human survival and well-being. Resolution 362 (on the Right to Freedom of Information and Expression on the Internet in Africa) of The African Commission on Human and Peoples’ Rights, and resolution on the Promotion, Protection, and Enjoyment of Human Rights on the Internet of the United Nations Human Rights Council affirmed that same rights that people enjoy offline must also be protected online. This paper assesses legal and policy gaps affecting digital rights in Malawi, thereby making a critical contribution to scholarship in this area. In addition to the literature and policy review of digital rights in Malawi, the study used a questionnaire as a data collection tool, targeting purposefully selected key informants from Malawi’s telecommunication sector, media associations, NGOs, and telecommunication regulators to assess challenges affecting digital rights in Malawi. The study found that achieving digital rights in the country remains a distant dream for most people due to the expensive cost of the internet, insufficient telecommunication and electricity infrastructure, restrictive legal framework, and low digital literacy. These factors make access to the ICTs and the internet inaccessible for most people, denying them access to and participation in political, social, and economic activities enabled by digital platforms.

Measuring the impact of the digital economy in developing countries: A systematic review and meta- analysis

The digital economy, driven by Information and Communication Technology (ICT), has emerged as a significant contributor to economies worldwide. However, accurately defining and measuring its impact on national economies remains a complex endeavor. This paper explores the definition, measurement, role, and impacts of the digital economy across various economies. It also examines the involvement of governments and telecommunication regulators in assessing the digital economy and identifies future directions for developing countries. A systematic literature review utilizing the PRISMA Model is employed to investigate the factors and indices used to measure the digital economy. The findings highlight ongoing efforts to harmonize the definition and metrics; nonetheless, challenges persist due to the scarcity of appropriate datasets and variations in country-specific definitions. Additionally, the effectiveness of existing digital economy indices and toolkits in assessing the level of digitalization in developing countries is evaluated. The paper concludes that despite ongoing efforts to bridge the gaps, the concept of the digital economy remains defined and measured differently, necessitating a new definition that accounts for various contextual peculiarities. Furthermore, a roadmap is proposed to develop a toolkit that ensures comprehensive measurement, thus preventing an underestimation of the digital economy's contribution to the Gross Domestic Product (GDP) in developing countries. The paper underscores the need for international and multi-stakeholder dialogue to establish a common understanding of the digital economy's definition and measurement. Developing countries, such as Nigeria, are urged to develop or adopt new metrics tailored to their unique circumstances, facilitating an accurate and efficient quantification of the digital economy's impact on crucial indicators like GDP. Improved statistical data collection and recording methodologies are recommended for both governments and the private sector. Moreover, the paper advocates for the establishment of a Digital Economy Advisory Board (DEAB) in developing countries to maximize the benefits of the ongoing global transition to the digital economy.

The achievement of digitalisation in the EU and its reliance on gigabit connectivity

A major component of the EU's digitalisation strategy is its targets for universal gigabit connectivity, based on either fixed (mainly FTTH) or mobile (5G) technologies. In order to achieve its objectives, such an ambitious strategy must achieve a fusion of the digital and the physical activities in all sectors of the economy (public and private); in this task, achieving the policy goal of universal connectivity requires that it be efficient, while achieving equitable (or ‘fair’) results. The EU position is that an appropriate balance needs to be struck through regulation which pursues the twin goals of competition and investment, as is now required by the EECC.Over the past 20 years, the EU has benefitted from a successful regime of pro-competition regulation in telecommunications, which has transformed the structure of fixed markets and broadly maintained rivalry in the mobile market. However, the policy imperative of attaining universal high-speed connectivity requires the mobilisation of resources to cover remoter areas, which are less attractive to competitors. Government subsides may help, but in some Member States regulators may also have to dilute competitive pressure on the historic incumbent in order to elicit this investment. Possible ways of accomplishing this entirely legitimate task (and ensuring that the resources thus generated are applied to the relevant public purpose) are considered.In relation to 5G, questions arise about how much network sharing should be permitted to allow the construction of advanced stand-alone networks. Relevant competition cases in this area are also reviewed. Finally, the suggestion has seen made that network operators should receive resources transferred from the largest Over-The-Top operators (OTT), which are understood to be highly profitable and involved in, but which do not contribute to the cost of, infrastructure that can support the high proportion of Internet traffic. Which they carry and from which they benefit The paper discusses both the legitimacy of such an approach, if directed towards an authorised public purpose, and (briefly) the practical difficulties involved in its implementation, including ensuring that the transferred resources are deployed for the intended purposes.

Telecommunications regulation, mobile money innovations and financial inclusion

PurposeThis study aims to assess how corporate telecommunication (telecom) policies follow telecom sector regulation in mobile money innovation for financial inclusion in developing countries.Design/methodology/approachTelecom policies are understood in terms of mobile subscriptions, mobile connectivity coverage and mobile connectivity performance, whereas mobile money innovations represent mobile money accounts, the mobile used to send money and the mobile used to receive money. The empirical evidence is based on Tobit regressions.FindingsTelecom sector regulation positively influences mobile money innovations. From net influences, mobile subscriptions and connectivity policies moderate telecom sector regulation to positively influence mobile money innovations, exclusively within the remit of mobile money accounts because the corresponding net influences on the mobile used to send money and the mobile used to receive money are negative. The interactive influences are consistently negative, and hence, thresholds for complementary policies are provided to maintain the positive influence of telecom sector regulation on mobile money innovations.Originality/valueThis study has complemented the extant literature by assessing how corporate telecommunication policies follow telecommunication sector regulation in mobile money innovations for financial inclusion.

Evolution and Regulation of Telecommunication and Internet in India

Evolution and Regulation of Telecommunication and Internet in India

History оf Telecommunication Law in Nigeria

The telecommunications sector is a significant contributor to the global economy and is vital to the competitiveness of the economy. Market liberalization’s goal and objective encompasses both general economic growth and the advantages to consumers of lower pricing, more service options, higher service quality, and a wider selection of products. As a means of enacting regulatory changes in the telecommunications sector, telecommunications regulation is of the utmost importance. In the telecommunications sector, regulatory reform has become a crucial area. For regulatory reforms to be successful, regulatory regimes must be transparent, consistent, and all-encompassing, encompassing everything from setting up the right institutional framework to liberalizing network industries, promoting and enforcing competition law and policy, and opening both internal and external markets to trade. This article examines the historical background of telecommunications in Nigeria is traced. It examines several developments that have taken place in the Nigerian telecommunications industry. It further examines several regulatory regimes in the Nigerian telecommunications industry prior to Nigeria’s independence in 1960 and post-independence till 2003.

Analysing a Transnational Advocacy Network of Internet Data Affordability in Malawi

This paper analysed how advocacy groups and consumers influenced government, telecommunications regulators, and mobile network operators to reduce the cost of internet data. The study used a case of Malawi as an example of a low-income country with high cost of internet. Transnational advocacy network theory was used to analyse secondary data from online databases, websites of regulatory organisations, online news, and social media posts. The findings showed that transnational advocacy network drew members from international, regional and local organisations. Consumers also participated in the transnational advocacy network. Information sharing was crucial in highlighting the high cost of internet data in the country. Local network actors used information, symbolic, leverage, and accountability politics to persuade government agencies, the telecommunications regulators, and mobile network operators to reduce the cost of internet data. The study provides insights into the understanding of issues related to internet data affordability in the context of a developing country.