Telecommunications Law Research Articles

EU developments in IP, IT & telecommunications law

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.

Legal developments and industry issues relevant to IT, media and telecommunications law in key jurisdictions across the Asia Pacific

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

Regulating Wireless Communications Towers: Taiwan’s Experience in Comparative Perspective

As the number of people who own and use mobile telephones grows, more base stations are needed to carry the “traffic.” New features, enabled by the Third Generation Mobile Telecommunication System (“3G”) and Worldwide Interoperability for Microwave Access (“WiMAX”), such as internet access and multimedia services, require more and more information, or data, to be transmitted. The transmission of these large quantities of data increases the requirement for base stations.1 By mid-2007, there were over 50,000 wireless communication towers in Taiwan. Of these, about 26,000 were designed for the Second Generation Mobile Telecommunication System (“2G”), 6,000 for the 3G, and about 16,000 for the Personal Handy-phone System (“PHS”).2 Typically a wireless communication tower consists of an equipment cabinet, an antenna that sends and receives radio waves to and from mobile telephones, and a structure that supports the antenna.3 Each base station provides coverage for a given area. Base stations can be a few hundred meters apart in major cities or several kilometers apart in rural areas.4 The transmitting power of any particular base station is variable and depends on several factors, including the number of calls and the distance between the base station and the mobile telephone making the call. From a legal perspective, those “base stations,” “antenna” and “radio waves” are subject to substantive and procedural rules.5 This paper focuses on the conflict between operators and the community, common approaches used to regulate base stations and their associated problems, as well as the procedural issues of granting permission for cellular tower construction. After examining the regulatory framework for dealing with the construction of cellular towers, I propose some solutions. In particular, I analyze the issues from a procedural perspective, advocating a way forward that will help eliminate some of the problems caused by the conflict between the regulator, the telecommunications industry, and the local community. [1] In this article I use the terms “base station,” “cellular tower,” “wireless tower,” and “wireless communications tower” interchangeably. [2] The Public Statement of the Former Deputy Chief Commissioner of NCC, EPOCH TIMES, available at http://tw.epochtimes.com/bt/6/4/27/n 1300414.htm (last visited Oct. 20, 2008). [3] Office of Communications, Audit of Mobile Phone Base Stations – Information Sheet, http://www.ofcom.org.uk/sitefinder/audit-info (last visited Oct. 14, 2008). [4] Id. [5] See generally Jeffrey A. Berger, Efficient Wireless Tower Siting: An Alternative to Section 332(C)(7) of The Telecommunications Act of 1996, 23 TEMP. ENVTL. L. & TECH. J. 83 (2004). See also Robyn Durie, Challenges Faced in Providing Mobile Broadband Services, 11 COMPUTER AND TELECOMMUNICATION LAW REVIEW 66-72 (2005).

Time to Switch the Packets: VoIP and the Regulatory Disconnect

Several commentators have remarked the high reliance placed by the campaign managers of Barack Obama on the internet. John Perry Barlow author of the Internet Manifesto has himself described the 2008 election as the first internet election. Thus it comes as no surprise that Barack Obama had a dossier on various issues which confronted the internet and proposed solutions to them. These changes were perceptible even before Barack Obama officially took oath as the next president, by announcing the appointment of his, transformation team. Members of this transformative team include Kevin Wireback. Kevin, a former FCC staffer, organizer of the annual tech conference Supernova, and a Wharton professor will review the working of the Federal Communications Commission. What makes his appointment interesting is that he has been one of the most vocal proponents of the layered model of regulation due to the increased adoption of Voice over Internet Protocol Services. The model which is explained in detail later marks a fundamental change in the regulation of telecommunications law and policy of the United States which has been in places since 1934. The present article evaluates the layered model as well as other solutions which have been proposed to the problems which emerge in a legal structure not designed to regulate the intersection of traditional telecommunications and internet protocol enabled activities. In the course of the evaluation of the competing models of regulation, the present actions by the FCC in forbearing to classify VoIP and making piecemeal regulations is seen as self defeating and the change in the regulatory framework is asked for. Part I lays out the background to the problem of classification of VoIP services. It discusses the underlying technology as well as its substantial resemblance to telecommunications services and poses the problem of classification. Part II provides an overview of the present policy framework on the regulation of VoIP services. Through a review of the FCC's orders on VoIP services its duo policy of forbearance to classify as well as piecemeal rulings is discerned. Part III contains an appraisal of the present policies and how they work against the objectives sought to be achieved. The appraisal sets the backdrop to developing a theoretical alternative. Part IV reviews the alternative of a layered model of regulation and shows the problems and the critisms which are leveled at it. Due to these concerns it is unlikely that the model will be adopted anytime soon. Then a traditional model of regulation is evaluated through a legislative amendment of the Telecommunications Act, 1996. In such an evaluation a nuanced proposal is made premised on the need to protect innovation through classification as well as balancing competing interests and addressing the issues which arise from this technology.

The Telecoms Packagee and the Copyright Amendments A European Legal Framework to Stop Downloading, and Monitor the Internet

This paper considers how imminent changes to European telecommunications law will permit the monitoring and blocking of websites and peer-to-peer exchanges by ISPs, in a way that is currently not legally possible. These legal changes will also permit ISPs to sanction users by suspending or terminating Internet access. And they are essential in order for the French ‘riposte graduee’ or ‘3 strikes’ copyright enforcement measures to be implemented.The changes are a series of hidden amendments related to copyright, and contained in the so-called ‘Telecoms package’. This paper argues that these amendments will effectively erode the ISP’s legal status of ‘mere conduit’, which currently protects individual rights and liberties on the Internet. It argues that the ‘mere conduit’ status should be preserved, and the copyright amendments rejected.The proposed copyright amendments will result in the loss of individual freedom and privacy on the Internet – in breach of fundamental principles of human rights law in Europe. Ultimately, they could open the door to wider political or commercial censorship, and this is the real danger of permitting them to get into law. The risk is that this will happen without proper legislative scrutiny or public debate. The European Parliament committees responsible for the Telecoms package voted on July 7th and the Parliament as a whole voted on September 2nd.

Fostering competition in Thailand's telecommunications sector

PurposeThe purpose of this paper is to use “best practice” regulatory principles to derive proposals for fostering competition in Thailand's telecommunications market.Design/methodology/approachOn‐site research in Thailand was conducted, including interviews with a range of policy and regulatory agencies and telecommunications market participants.FindingsThe paper finds that Thailand's relatively late start in applying pro‐competitive regulation in the telecommunications sector presents an opportunity for installation of “regulatory leap‐frogging” measures proposed by the paper. The concession regime that prevails in Thailand is a major obstacle resulting in “gridlock” of Thailand's efforts to develop competition in the telecommunications sector. The Thai Constitution prohibits the regulator from directly regulating telecommunications companies operating on the basis of concessions that were in place prior to the adoption of the new telecommunications law. The paper examines this problem and points to a solution. Another major problem is the protracted absence of the National Broadcasting Commission that has been given joint responsibility (along with the National Telecommunications Commission) for spectrum management. Accordingly, pressing decisions regarding spectrum management cannot be made. The paper concludes that the two Commissions be merged (especially in the face of convergence). The paper finds that Thailand needs to develop and implement a national strategy for the development of communications infrastructure, including a collaborative approach to infrastructure development.Originality/valueThere are very few (if any) independent studies of policy and regulation of Thailand's telecommunications sector. More broadly, the paper indicates – by way of a case study – how “best practice” regulatory guidelines might be applied to enhance competition in developing countries.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country-by-country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

Book Review: Telecommunications Law and Regulation, 2nd Edn, Ian Walden and John Angel, (Oxford University Press, 2005)

Book Review: <i>Telecommunications Law and Regulation</i>, 2nd Edn, Ian Walden and John Angel, (Oxford University Press, 2005)

The Echoes of Forgotten Footfalls: Telecommunications Mergers at the Dawn of the Digital Millennium

The Telecommunications Act of 1996 promised to promote competition and reduce regulation, secure lower prices and higher quality services . . . and encourage the rapid deployment of new telecommunications technologies. One decade later, the Act has drawn sharp criticism for having prompted a wave of mergers among incumbent carriers without having generated a corresponding increase in consumer welfare. For instance, the very sort of merger that was once considered unthinkable - a reunification of AT&T with two former Bell operating companies - is on the verge of completion.The legal fate of these mergers is at once a historical mirror and a harbinger of American telecommunications law beyond the first decade under the 1996 Act. Mergers such as the unions of SBC and AT&T, Verizon and MCI, and Sprint and Nextel have not encountered significant legal obstacles. Since the Bell breakup, no significant telecommunications merger has failed to receive regulatory approval in the United States. The 1996 Act and its implementation have signaled that federal authorities will remain content to extract concessions in exchange for their approval of even the largest mergers within the telecommunications industry. A decade after comprehensive legislative reform of telecommunications, all segments of the industry are highly concentrated. Miniature versions of the old Bell system have emerged on each coast. The cable industry is only slightly less concentrated, and nothing stands between further consolidation and integration in that industry except provisions of the 1996 Act that had been designed to protect competition within media rather than telecommunications markets. If Voice over Internet Protocol (VOIP) overcomes every other form of terrestrial telecommunications technology, control of telecommunications will be divided between providers of broadband Internet access and wireless network operators. Firms that are most facile in integrating wireless and wireline services, for residential and business customers alike, will dominate the industry.This article reviews the mergers that have reshaped the telecommunications industry since the Bell breakup decree and in particular since the passage of the 1996 Act. It analyzes the legal framework that has developed in response to the 1996 Act and its implementation. Much of the FCC's merger policy has grown out of its response to horizontal mergers involving incumbent telecommunications carriers. The Telecommunications Act's cable provisions and certain legal tools independent of the 1996 legislative reform have facilitated an alternative approach to merger policy. That alternative path has assumed ever greater importance as the Internet and access to it via cable-based platforms have achieved greater prominence within the market for telecommunications services.This article also explores why the Act has accelerated rather than retarded the trend toward consolidation and concentration in telecommunications. Having devoted most of its energy toward legal issues whose technological and economic roots lay deep in the Bell breakup decree, the Act failed altogether to deal with the Internet. This oversight was merely one of several profoundly mistaken technological assumptions underlying the Telecommunications Act. It also contemplates explores possible avenues for reform that remain open under the 1996 Act should the federal government ever conclude that the anticompetitive potential of telecommunications mergers outweighs their salutary effects.

Digital crossroads: American telecommunications policy in the Internet age

Telecommunications policy profoundly affects the economy and our everyday lives. Yet accounts of important telecommunications issues tend to be either superficial (and inaccurate) or mired in jargon and technical esoterica. In Digital Crossroads, Jonathan Nuechterlein and Philip Weiser offer a clear, balanced, and accessible analysis of competition policy issues in the telecommunications industry. After giving a big picture overview of the field, they present sharply reasoned analyses of the major technological, economic, and legal developments confronting communications policymakers in the twenty-first century.Since the passage of the Telecommunications Act of 1996, when Congress fundamentally reoriented the existing regulatory scheme, no book has cogently explained the intricacies of telecommunications competition policy in the Internet age for general readers, students, and practitioners alike. Digital Crossroads meets this need, focusing on the regulatory dimensions of competition in wireline and wireless telephone service; competition among rival platforms for broadband Internet service and video distribution; and the Internet's transformation of every aspect of the telecommunications industry, particularly through the emergence of voice over Internet protocol (VoIP). The authors explain not just the complicated legal issues governing the industry, but also the rapidly changing technological and economic context in which these issues arise. The book includes extensive endnotes and tables that cover relevant court decisions, FCC orders, and academic commentaries; a glossary of acronyms; a statutory addendum containing the most important provisions of federal telecommunications law; and two appendixes with information on more specialized topics. Supplementary materials for students are available at http://spot.colorado.edu/ weiserpj.

A proposal for telecommunications strategy in Serbia

According to the Constitutional Charter, which regulates relations between Serbia and Montenegro, adopted in year 2003, telecommunication policy is under the republic governance competence. World”s first global ICT ranking of countries by ITU Digital Access Index (DIA), presented in World Telecommunication Development Report 2003, classified Serbia and Montenegro in category middle access (0.45). Institutional reforms in telecommunication sector represent an important element of overall economic reforms in Serbia over years to come. These reforms will provide a regulatory framework in compliance with WTO and EU demands. Despite world trends, development of telecommunication sector in Serbia developed relatively slowly in the last two decades. Institutional reforms process has not yet been initiated in Serbia, besides the new Telecommunication Law adopted in May 2003, which introduce independent Regulatory body.